[Congressional Record Volume 142, Number 123 (Tuesday, September 10, 1996)]
[House]
[Pages H10140-H10144]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ANTARCTIC ENVIRONMENTAL PROTECTION ACT OF 1996
Mr. WALKER. Madam Speaker, I move to suspend the rules and concur in
the Senate amendment to the bill (H.R. 3060) to implement the Protocol
on Environmental Protection to the Antarctic Treaty.
The Clerk read as follows:
Senate amendment: Strike out all after the enacting clause
and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Antarctic Science, Tourism,
and Conservation Act of 1996''.
TITLE I--AMENDMENTS TO THE ANTARCTIC CONSERVATION ACT OF 1978
SEC. 101. FINDINGS AND PURPOSE.
(a) Findings.--Section 2(a) of the Antarctic Conservation
Act of 1978 (16 U.S.C. 2401(a)) is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(4) and (5) respectively, and inserting before paragraph (4),
as redesignated, the following:
``(1) for well over a quarter of a century, scientific
investigation has been the principal activity of the Federal
Government and United States nationals in Antarctica;
``(2) more recently, interest of American tourists in
Antarctica has increased;
``(3) as the lead civilian agency in Antarctica, the
National Science Foundation has long had responsibility for
ensuring that United States scientific activities and
tourism, and their supporting logistics operations, are
conducted with an eye to preserving the unique values of the
Antarctic region;'';
(2) by striking ``the Agreed Measures for the Conservation
of Antarctic Fauna and Flora, adopted at the Third Antarctic
Treaty Consultative Meeting, have established a firm
foundation'' in paragraph (4), as redesignated, and inserting
``the Protocol establish a firm foundation for the
conservation of Antarctic resources,'';
(3) by striking paragraph (5), as redesignated, and
inserting the following:
``(5) the Antarctic Treaty and the Protocol establish
international mechanisms and create legal obligations
necessary for the maintenance of Antarctica as a natural
reserve devoted to peace and science.''.
(b) Purpose.--Section 2(b) of such Act (16 U.S.C. 2401(b))
is amended by striking ``Treaty, the Agreed Measures for the
Conservation of Antarctic Fauna and Flora, and Recommendation
VII-3 of the Eighth Antarctic Treaty Consultative Meeting''
and inserting ``Treaty and the Protocol''.
SEC. 102. DEFINITIONS.
Section 3 of the Antarctic Conservation Act of 1978 (16
U.S.C. 2402) is amended to read as follows:
``SEC. 3. DEFINITIONS.
``For purposes of this Act--
``(1) the term `Administrator' means the Administrator of
the Environmental Protection Agency;
``(2) the term `Antarctica' means the area south of 60
degrees south latitude;
``(3) the term `Antarctic Specially Protected Area' means
an area identified as such pursuant to Annex V to the
Protocol;
``(4) the term `Director' means the Director of the
National Science Foundation;
``(5) the term `harmful interference' means--
``(A) flying or landing helicopters or other aircraft in a
manner that disturbs concentrations of birds or seals;
``(B) using vehicles or vessels, including hovercraft and
small boats, in a manner that disturbs concentrations of
birds or seals;
``(C) using explosives or firearms in a manner that
disturbs concentrations of birds or seals;
``(D) willfully disturbing breeding or molting birds or
concentrations of birds or seals by persons on foot;
``(E) significantly damaging concentrations of native
terrestrial plants by landing aircraft, driving vehicles, or
walking on them, or by other means; and
``(F) any activity that results in the significant adverse
modification of habitats of any species or population of
native mammal, native bird, native plant, or native
invertebrate;
``(6) the term `historic site or monument' means any site
or monument listed as an historic site or monument pursuant
to Annex V to the Protocol;
``(7) the term `impact' means impact on the Antarctic
environment and dependent and associated ecosystems;
``(8) the term `import' means to land on, bring into, or
introduce into, or attempt to land on, bring into or
introduce into, any place subject to the jurisdiction of the
United States, including the 12-mile territorial sea of the
United States, whether or not such act constitutes an
importation within the meaning of the customs laws of the
United States;
``(9) the term `native bird' means any member, at any stage
of its life cycle (including eggs), of any species of the
class Aves which is indigenous to Antarctica or occurs there
seasonally through natural migrations, and includes any part
of such member;
``(10) the term `native invertebrate' means any terrestrial
or freshwater invertebrate, at any stage of its life cycle,
which is indigenous to Antarctica, and includes any part of
such invertebrate;
``(11) the term `native mammal' means any member, at any
stage of its life cycle, of any species of the class
Mammalia, which is indigenous to Antarctica or occurs there
seasonally through natural migrations, and includes any part
of such member;
``(12) the term `native plant' means any terrestrial or
freshwater vegetation, including bryophytes, lichens, fungi,
and algae, at any stage of its life cycle (including seeds
and other propagules), which is indigenous to Antarctica, and
includes any part of such vegetation;
``(13) the term `non-native species' means any species of
animal or plant which is not indigenous to Antarctica and
does not occur there seasonally through natural migrations;
``(14) the term `person' has the meaning given that term in
section 1 of title 1, United States Code, and includes any
person subject to the jurisdiction of the United States and
any department, agency, or other instrumentality of the
Federal Government or of any State or local government;
``(15) the term `prohibited product' means any substance
banned from introduction onto land or ice shelves or into
water in Antarctica pursuant to Annex III to the Protocol;
``(16) the term `prohibited waste' means any substance
which must be removed from Antarctica pursuant to Annex III
to the Protocol, but does not include materials used for
balloon envelopes required for scientific research and
weather forecasting;
``(17) the term `Protocol' means the Protocol on
Environmental Protection to the Antarctic Treaty, signed
October 4, 1991, in Madrid, and all annexes thereto,
including any future amendments thereto to which the United
States is a party;
``(18) the term `Secretary' means the Secretary of
Commerce;
``(19) the term `Specially Protected Species' means any
native species designated as a Specially Protected Species
pursuant to Annex II to the Protocol;
``(20) the term `take' means to kill, injure, capture,
handle, or molest a native mammal or bird, or to remove or
damage such quantities of native plants that their local
distribution or abundance would be significantly affected;
``(21) the term `Treaty' means the Antarctic Treaty signed
in Washington, DC, on December 1, 1959;
``(22) the term `United States' means the several States of
the Union, the District of Columbia, the Commonwealth of
Puerto Rico, American Samoa, the Virgin Islands, Guam, the
Commonwealth of the Northern Mariana Islands, and any other
commonwealth, territory, or possession of the United States;
and
``(23) the term `vessel subject to the jurisdiction of the
United States' includes any `vessel of the United States' and
any `vessel subject to the jurisdiction of the United States'
as those terms are defined in section 303 of the Antarctic
Marine Living Resources Convention Act of 1984 (16 U.S.C.
2432).''.
SEC. 103. PROHIBITED ACTS.
Section 4 of the Antarctic Conservation Act of 1978 (16
U.S.C. 2403) is amended to read as follows:
``SEC. 4. PROHIBITED ACTS.
``(a) In General.--It is unlawful for any person--
``(1) to introduce any prohibited product onto land or ice
shelves or into water in Antarctica;
``(2) to dispose of any waste onto ice-free land areas or
into fresh water systems in Antarctica;
``(3) to dispose of any prohibited waste in Antarctica;
``(4) to engage in open burning of waste;
[[Page H10141]]
``(5) to transport passengers to, from, or within
Antarctica by any seagoing vessel not required to comply with
the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et
seq.), unless the person has an agreement with the vessel
owner or operator under which the owner or operator is
required to comply with Annex IV to the Protocol;
``(6) who organizes, sponsors, operates, or promotes a
nongovernmental expedition to Antarctica, and who does
business in the United States, to fail to notify all members
of the expedition of the environmental protection obligations
of this Act, and of actions which members must take, or not
take, in order to comply with those obligations;
``(7) to damage, remove, or destroy a historic site or
monument;
``(8) to refuse permission to any authorized officer or
employee of the United States to board a vessel, vehicle, or
aircraft of the United States, or subject to the jurisdiction
of the United States, for the purpose of conducting any
search or inspection in connection with the enforcement of
this Act or any regulation promulgated or permit issued under
this Act;
``(9) to forcibly assault, resist, oppose, impede,
intimidate, or interfere with any authorized officer or
employee of the United States in the conduct of any search or
inspection described in paragraph (8);
``(10) to resist a lawful arrest or detention for any act
prohibited by this section;
``(11) to interfere with, delay, or prevent, by any means,
the apprehension, arrest, or detention of another person,
knowing that such other person has committed any act
prohibited by this section;
``(12) to violate any regulation issued under this Act, or
any term or condition of any permit issued to that person
under this Act; or
``(13) to attempt to commit or cause to be committed any
act prohibited by this section.
``(b) Acts Prohibited Unless Authorized by Permit.--It is
unlawful for any person, unless authorized by a permit issued
under this Act--
``(1) to dispose of any waste in Antarctica (except as
otherwise authorized by the Act to Prevent Pollution from
Ships) including--
``(A) disposing of any waste from land into the sea in
Antarctica; and
``(B) incinerating any waste on land or ice shelves in
Antarctica, or on board vessels at points of embarcation or
debarcation, other than through the use at remote field sites
of incinerator toilets for human waste;
``(2) to introduce into Antarctica any member of a
nonnative species;
``(3) to enter or engage in activities within any Antarctic
Specially Protected Area;
``(4) to engage in any taking or harmful interference in
Antarctica; or
``(5) to receive, acquire, transport, offer for sale, sell,
purchase, import, export, or have custody, control, or
possession of, any native bird, native mammal, or native
plant which the person knows, or in the exercise of due care
should have known, was taken in violation of this Act.
``(c) Exception for Emergencies.--No act described in
subsection (a)(1), (2), (3), (4), (5), (7), (12), or (13) or
in subsection (b) shall be unlawful if the person committing
the act reasonably believed that the act was committed under
emergency circumstances involving the safety of human life or
of ships, aircraft, or equipment or facilities of high value,
or the protection of the environment.''.
SEC. 104. ENVIRONMENTAL IMPACT ASSESSMENT.
The Antarctic Conservation Act of 1978 is amended by
inserting after section 4 the following new section:
``SEC. 4A. ENVIRONMENTAL IMPACT ASSESSMENT.
``(a) Federal Activities.--(1)(A) The obligations of the
United States under Article 8 of and Annex I to the Protocol
shall be implemented by applying the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) to proposals for
Federal agency activities in Antarctica, as specified in this
section.
``(B) The obligations contained in section 102(2)(C) of the
National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)) shall apply to all proposals for Federal agency
activities occurring in Antarctica and affecting the quality
of the human environment in Antarctica or dependent or
associated ecosystems, only as specified in this section. For
purposes of the application of such section 102(2)(C) under
this subsection, the term ``significantly affecting the
quality of the human environment'' shall have the same
meaning as the term ``more than a minor or transitory
impact''.
``(2)(A) Unless an agency which proposes to conduct a
Federal activity in Antarctica determines that the activity
will have less than a minor or transitory impact, or unless a
comprehensive environmental evaluation is being prepared in
accordance with subparagraph (C), the agency shall prepare an
initial environmental evaluation in accordance with Article 2
of Annex I to the Protocol.
``(B) If the agency determines, through the preparation of
the initial environmental evaluation, that the proposed
Federal activity is likely to have no more than a minor or
transitory impact, the activity may proceed if appropriate
procedures are put in place to assess and verify the impact
of the activity.
``(C) If the agency determines, through the preparation of
the initial environmental evaluation or otherwise, that a
proposed Federal activity is likely to have more than a minor
or transitory impact, the agency shall prepare and circulate
a comprehensive environmental evaluation in accordance with
Article 3 of Annex I to the Protocol, and shall make such
comprehensive environmental evaluation publicly available for
comment.
``(3) Any agency decision under this section on whether a
proposed Federal activity, to which paragraph (2)(C) applies,
should proceed, and, if so, whether in its original or in a
modified form, shall be based on the comprehensive
environmental evaluation as well as other considerations
which the agency, in the exercise of its discretion,
considers relevant.
``(4) For the purposes of this section, the term `Federal
activity' includes all activities conducted under a Federal
agency research program in Antarctica, whether or not
conducted by a Federal agency.
``(b) Federal Activities Carried Out Jointly With Foreign
Governments.--(1) For the purposes of this subsection, the
term `Antarctic joint activity' means any Federal activity in
Antarctica which is proposed to be conducted, or which is
conducted, jointly or in cooperation with one or more foreign
governments. Such term shall be defined in regulations
promulgated by such agencies as the President may designate.
``(2) Where the Secretary of State, in cooperation with the
lead United States agency planning an Antarctic joint
activity, determines that--
``(A) the major part of the joint activity is being
contributed by a government or governments other than the
United States;
(B) one such government is coordinating the implementation
of environmental impact assessment procedures for that
activity; and
(C) such government has signed, ratified, or acceded to the
Protocol,
the requirements of subsection (a) of this section shall not
apply with respect to that activity.
``(3) In all cases of Antarctic joint activity other than
those described in paragraph (2), the requirements of
subsection (a) of this section shall apply with respect to
that activity, except as provided in paragraph (4).
``(4) Determinations described in paragraph (2), and agency
actions and decisions in connection with assessments of
impacts of Antarctic joint activities, shall not be subject
to judicial review.
``(c) Nongovernmental Activities.--(1) The Administrator
shall, within 2 years after the date of the enactment of the
Antarctic Science, Tourism, and Conservation Act of 1996,
promulgate regulations to provide for--
``(A) the environmental impact assessment of
nongovernmental activities, including tourism, for which the
United States is required to give advance notice under
paragraph 5 of Article VII of the Treaty; and
``(B) coordination of the review of information regarding
environmental impact assessment received from other Parties
under the Protocol.
``(2) Such regulations shall be consistent with Annex I to
the Protocol.
``(d) Decision To Proceed.--(1) No decision shall be taken
to proceed with an activity for which a comprehensive
environmental evaluation is prepared under this section
unless there has been an opportunity for consideration of the
draft comprehensive environmental evaluation at an Antarctic
Treaty Consultative Meeting, except that no decision to
proceed with a proposed activity shall be delayed through the
operation of this paragraph for more than 15 months from the
date of circulation of the draft comprehensive environmental
evaluation pursuant to Article 3(3) of Annex I to the
Protocol.
``(2) The Secretary of State shall circulate the final
comprehensive environmental evaluation, in accordance with
Article 3(6) of Annex I to the Protocol, at least 60 days
before the commencement of the activity in Antarctica.
``(e) Cases of Emergency.--The requirements of this
section, and of regulations promulgated under this section,
shall not apply in cases of emergency relating to the safety
of human life or of ships, aircraft, or equipment and
facilities of high value, or the protection of the
environment, which require an activity to be undertaken
without fulfilling those requirements.
``(f) Exclusive Mechanism.--Notwithstanding any other
provision of law, the requirements of this section shall
constitute the sole and exclusive statutory obligations of
the Federal agencies with regard to assessing the
environmental impacts of proposed Federal activities
occurring in Antarctica.
``(g) Decisions on Permit Applications.--The provisions of
this section requiring environmental impact assessments
(including initial environmental evaluations and
comprehensive environmental evaluations) shall not apply to
Federal actions with respect to issuing permits under section
5.
``(h) Publication of Notices.--Whenever the Secretary of
State makes a determination under paragraph (2) of subsection
(b) of this section, or receives a draft comprehensive
environmental evaluation in accordance with Annex I, Article
3(3) to the Protocol, the Secretary of State shall cause
timely notice thereof to be published in the Federal
Register.''.
SEC. 105. PERMITS.
Section 5 of the Antarctic Conservation Act of 1978 (16
U.S.C. 2404) is amended--
(1) in subsection (a) by striking ``section 4(a)'' and
inserting in lieu thereof ``section 4(b)'';
(2) in subsection (c)(1)(B) by striking ``Special'' and
inserting in lieu thereof ``Species''; and
(3) in subsection (e)--
(A) by striking ``or native plants to which the permit
applies,'' in paragraph (1)(A)(i) and inserting in lieu
thereof ``native plants, or native invertebrates to which the
permit applies, and'';
(B) by striking paragraph (1)(A)(ii) and (iii) and
inserting in lieu thereof the following new clause:
``(ii) the manner in which the taking or harmful
interference shall be conducted (which manner shall be
determined by the Director to be humane) and the area in
which it will be conducted;'';
(C) by striking ``within Antarctica (other than within any
specially protected area)'' in paragraph (2)(A) and inserting
in lieu thereof ``or harmful interference within
Antarctica'';
[[Page H10142]]
(D) by striking ``specially protected species'' in
paragraph (2)(A) and (B) and inserting in lieu thereof
``Specially Protected Species'';
(E) by striking ``; and'' at the end of paragraph
(2)(A)(i)(II) and inserting in lieu thereof ``, or'';
(F) by adding after paragraph (2)(A)(i)(II) the following
new subclause:
``(III) for unavoidable consequences of scientific
activities or the construction and operation of scientific
support facilities; and'';
(G) by striking ``with Antarctica and'' in paragraph
(2)(A)(ii)(II) and inserting in lieu thereof ``within
Antarctica are''; and
(H) by striking subparagraphs (C) and (D) of paragraph (2)
and inserting in lieu thereof the following new subparagraph:
``(C) A permit authorizing the entry into an Antarctic
Specially Protected Area shall be issued only--
``(i) if the entry is consistent with an approved
management plan, or
``(ii) if a management plan relating to the area has not
been approved but--
``(I) there is a compelling purpose for such entry which
cannot be served elsewhere, and
``(II) the actions allowed under the permit will not
jeopardize the natural ecological system existing in such
area.''.
SEC. 106. REGULATIONS.
Section 6 of the Antarctic Conservation Act of 1978 (16
U.S.C. 2405) is amended to read as follows:
``SEC. 6. REGULATIONS.
``(a) Regulations To Be Issued by the Director.--(1) The
Director shall issue such regulations as are necessary and
appropriate to implement Annex II and Annex V to the Protocol
and the provisions of this Act which implement those annexes,
including section 4(b)(2), (3), (4), and (5) of this Act. The
Director shall designate as native species--
``(A) each species of the class Aves;
``(B) each species of the class Mammalia; and
``(C) each species of plant,
which is indigenous to Antarctica or which occurs there
seasonally through natural migrations.
``(2) The Director, with the concurrence of the
Administrator, shall issue such regulations as are necessary
and appropriate to implement Annex III to the Protocol and
the provisions of this Act which implement that Annex,
including section 4(a)(1), (2), (3), and (4), and section
4(b)(1) of this Act.
``(3) The Director shall issue such regulations as are
necessary and appropriate to implement Article 15 of the
Protocol with respect to land areas and ice shelves in
Antarctica.
``(4) The Director shall issue such additional regulations
as are necessary and appropriate to implement the Protocol
and this Act, except as provided in subsection (b).
``(b) Regulations To Be Issued by the Secretary of the
Department in Which the Coast Guard is Operating.--The
Secretary of the Department in which the Coast Guard is
operating shall issue such regulations as are necessary and
appropriate, in addition to regulations issued under the Act
to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.), to
implement Annex IV to the Protocol and the provisions of this
Act which implement that Annex, and, with the concurrence of
the Director, such regulations as are necessary and
appropriate to implement Article 15 of the Protocol with
respect to vessels.
``(c) Time Period for Regulations.--The regulations to be
issued under subsection (a)(1) and (2) of this section shall
be issued within 2 years after the date of the enactment of
the Antarctic Science, Tourism, and Conservation Act of 1996.
The regulations to be issued under subsection (a)(3) of this
section shall be issued within 3 years after the date of the
enactment of the Antarctic Science, Tourism, and Conservation
Act of 1996.''.
SEC. 107. SAVING PROVISIONS.
Section 14 of the Antarctic Conservation Act of 1978 is
amended to read as follows:
``SEC. 14. SAVING PROVISIONS.
``(a) Regulations.--All regulations promulgated under this
Act prior to the date of the enactment of the Antarctic
Science, Tourism, and Conservation Act of 1996 shall remain
in effect until superseding regulations are promulgated under
section 6.
``(b) Permits.--All permits issued under this Act shall
remain in effect until they expire in accordance with the
terms of those permits.''.
TITLE II--CONFORMING AMENDMENTS TO OTHER LAWS
SEC. 201. AMENDMENTS TO ACT TO PREVENT POLLUTION FROM SHIPS.
(a) Definitions.--Section 2 of the Act to Prevent Pollution
from Ships (33 U.S.C. 1901) is amended--
(1) by redesignating paragraphs (1) through (9) of
subsection (a) as paragraphs (3) through (11), respectively;
(2) by inserting before paragraph (3), as so redesignated
by paragraph (1) of this subsection, the following new
paragraphs:
``(1) `Antarctica' means the area south of 60 degrees south
latitude;
``(2) `Antarctic Protocol' means the Protocol on
Environmental Protection to the Antarctic Treaty, signed
October 4, 1991, in Madrid, and all annexes thereto, and
includes any future amendments thereto which have entered
into force;''; and
(3) by adding at the end the following new subsection:
``(c) For the purposes of this Act, the requirements of
Annex IV to the Antarctic Protocol shall apply in Antarctica
to all vessels over which the United States has
jurisdiction.''.
(b) Application of Act.--Section 3(b)(1)(B) of the Act to
Prevent Pollution from Ships (33 U.S.C. 1902(b)(1)(B)) is
amended by inserting ``or the Antarctic Protocol'' after
``MARPOL Protocol''.
(c) Administration.--Section 4 of the Act to Prevent
Pollution from Ships (33 U.S.C. 1903) is amended--
(1) by inserting ``, Annex IV to the Antarctic Protocol,''
after ``the MARPOL Protocol'' in the first sentence of
subsection (a);
(2) in subsection (b)(1) by inserting ``, Annex IV to the
Antarctic Protocol,'' after ``the MARPOL Protocol'';
(3) in subsection (b)(2)(A) by striking ``within 1 year
after the effective date of this paragraph,''; and
(4) in subsection (b)(2)(A)(i) by inserting ``and of Annex
IV to the Antarctic Protocol'' after ``the Convention''.
(d) Pollution Reception Facilities.--Section 6 of the Act
to Prevent Pollution from Ships (33 U.S.C. 1905) is amended--
(1) in subsection (b) by inserting ``or the Antarctic
Protocol'' after ``the MARPOL Protocol'';
(2) in subsection (e)(1) by inserting ``or the Antarctic
Protocol'' after ``the Convention'';
(3) in subsection (e)(1)(A) by inserting ``or Article 9 of
Annex IV to the Antarctic Protocol'' after ``the
Convention''; and
(4) in subsection (f) by inserting ``or the Antarctic
Protocol'' after ``the MARPOL Protocol''.
(e) Violations.--Section 8 of the Act to Prevent Pollution
from Ships (33 U.S.C. 1907) is amended--
(1) in the first sentence of subsection (a) by inserting
``Annex IV to the Antarctic Protocol,'' after ``MARPOL
Protocol,'';
(2) in the second sentence of subsection (a)--
(A) by inserting ``or to the Antarctic Protocol'' after
``to the MARPOL Protocol''; and
(B) by inserting ``and Annex IV to the Antarctic Protocol''
after ``of the MARPOL Protocol'';
(3) in subsection (b) by inserting ``or the Antarctic
Protocol'' after ``MARPOL Protocol'' both places it appears;
(4) in subsection (c)(1) by inserting ``, of Article 3 or
Article 4 of Annex IV to the Antarctic Protocol,'' after ``to
the Convention'';
(5) in subsection (c)(2) by inserting ``or the Antarctic
Protocol'' after ``which the MARPOL Protocol'';
(6) in subsection (c)(2)(A) by inserting ``, Annex IV to
the Antarctic Protocol,'' after ``MARPOL Protocol'';
(7) in subsection (c)(2)(B)--
(A) by inserting ``or the Antarctic Protocol'' after ``to
the MARPOL Protocol''; and
(B) by inserting ``or Annex IV to the Antarctic Protocol''
after ``of the MARPOL Protocol'';
(8) in subsection (d)(1) by inserting ``, Article 5 of
Annex IV to the Antarctic Protocol,'' after ``Convention'';
(9) in subsection (e)(1)--
(A) by inserting ``or the Antarctic Protocol'' after
``MARPOL Protocol''; and
(B) by striking ``that Protocol'' and inserting in lieu
thereof ``those Protocols''; and
(10) in subsection (e)(2) by inserting ``, of Annex IV to
the Antarctic Protocol,'' after ``MARPOL Protocol''.
(f) Penalties.--Section 9 of the Act to Prevent Pollution
from Ships (33 U.S.C. 1908) is amended--
(1) in subsection (a) by inserting ``, Annex IV to the
Antarctic Protocol,'' after ``MARPOL Protocol,'';
(2) in subsection (b)(1) by inserting ``, Annex IV to the
Antarctic Protocol,'' after ``MARPOL Protocol,'';
(3) in subsection (b)(2) by inserting ``, Annex IV to the
Antarctic Protocol,'' after ``MARPOL Protocol,'';
(4) in subsection (d) by inserting ``, Annex IV to the
Antarctic Protocol,'' after ``MARPOL Protocol,'';
(5) in subsection (e) by inserting ``, Annex IV to the
Antarctic Protocol,'' after ``MARPOL Protocol''; and
(6) in subsection (f) by inserting ``or the Antarctic
Protocol'' after ``MARPOL Protocol'' both places it appears.
SEC. 202. PROHIBITION OF CERTAIN ANTARCTIC RESOURCE
ACTIVITIES.
(a) Agreement or Legislation Required.--Section 4 of the
Antarctic Protection Act of 1990 (16 U.S.C. 2463) is amended
by striking ``Pending a new agreement among the Antarctic
Treaty Consultative Parties in force for the United States,
to which the Senate has given advice and consent or which is
authorized by further legislation by the Congress, which
provides an indefinite ban on Antarctic mineral resource
activities, it'' and inserting in lieu thereof ``It''.
(b) Repeals.--Sections 5 and 7 of such Act (16 U.S.C. 2464
and 2466) are repealed.
(c) Redesignation.--Section 6 of such Act (16 U.S.C. 2465)
is redesignated as section 5.
TITLE III--POLAR RESEARCH AND POLICY STUDY
SEC. 301. POLAR RESEARCH AND POLICY STUDY.
Not later than March 1, 1997, the National Science
Foundation shall provide a detailed report to the Congress
on--
(1) the status of the implementation of the Arctic
Environmental Protection Strategy and Federal funds being
used for that purpose;
(2) all of the Federal programs relating to Arctic and
Antarctic research and the total amount of funds expended
annually for each such program, including--
(A) a comparison of the funding for logistical support in
the Arctic and Antarctic;
(B) a comparison of the funding for research in the Arctic
and Antarctic;
(C) a comparison of any other amounts being spent on Arctic
and Antarctic programs; and
(D) an assessment of the actions taken to implement the
recommendations of the Arctic Research Commission with
respect to the use of such funds for research and logistical
support in the Arctic.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
[[Page H10143]]
Pennsylvania [Mr. Walker] and the gentleman from California [Mr. Brown]
each will control 20 minutes.
The Chair recognizes the gentleman from Pennsylvania [Mr. Walker].
Mr. WALKER. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise today to bring before the House of
Representatives H.R. 3060, the Antarctic Environmental Protection Act.
I, along with the gentlewoman from Maryland [Mrs. Morella], the
gentleman from Virginia [Mr. Davis], the gentleman from California [Mr.
Brown], and 16 other members from the Committee on Science, introduced
H.R. 3060 on March 12, 1996 to enable the United States to implement
the 1991 Protocol on Environmental Protection to the Antarctic Treaty.
Madam Speaker, the House passed H.R. 3060 on June 10, 1996 by a vote
of 352 to 4. Yesterday the Senate sent back to us by unanimous consent
the bill with a minor addition, a provision calling for a study of the
amount of money the National Science Foundation spends on Arctic and
Antarctic research. The Senate provision is noncontroversial and in no
way impacts the provisions of the underlying bill.
H.R. 3060 enjoys universal support. The League of Conservation
Voters, the Antarctic Project, the World Wildlife Fund, Greenpeace, the
Sierra Club, and the Antarctic and Southern Ocean Coalition have all
endorsed the bill. The National Science Foundation and the Department
of State have also testified in support of enactment of H.R. 3060. In
fact the Sierra Club calls this legislation a ``tremendous
achievement.''
Madam Speaker, H.R. 3060 provides the legislative authority necessary
for the United States to implement the 1991 Protocol on Environmental
Protection to the Antarctic Treaty. The protocol represents an
important addition to the uniquely successful system of peaceful
cooperation and scientific research that has evolved under the
Antarctic Treaty of 1959.
In 1991 the consultative parties agreed to strengthen the Antarctic's
environment protections through a Protocol on Environmental Protection.
The protocol builds on the Antarctic Treaty in an effort to improve the
treaty's protections for the Antarctic environment. The protocol
reaffirms the treaty's use of Antarctica specifically for peaceful
purposes and accords priority to scientific research among the
permitted activities.
The 1991 protocol is not self-executing. It requires each of the
consultative parties to enact instruments of ratification to codify the
terms of the protocol before it can enter into force. Two previous
Congresses failed to pass the needed instruments of ratification for
the 1991 Environmental Protocol to the Antarctic Treaty to take effect.
As with the safe drinking water reauthorization, the House has a
historic opportunity to pass long overdue environmental legislation. I
urge my colleagues to join me in voting to send H.R. 3060 to the
President for his signature.
Madam Speaker, I reserve the balance of my time.
Mr. BROWN of California. Madam Speaker, I yield myself such time as I
may consume.
(Mr. BROWN of California asked and was given permission to revise and
extend his remarks.)
Mr. BROWN of California. Madam Speaker, I rise also in strong support
of H.R. 3060. Passage of this bill, as the gentleman from Pennsylvania
[Mr. Walker] indicated, will allow the United States to implement the
Protocol on Environmental Protection to the Antarctic treaty.
The Antarctic Environmental Protection Act passed the House last June
with strong bipartisan support. The bill before the House today is a
slightly modified version of that bill, which was recently approved by
the other body. Final passage of H.R. 3060 today will help ensure the
preservation of one of the last pristine regions of the Earth and will
ensure that Antarctica's enormous value as a scientific laboratory is
not degraded.
I want to congratulate the chairman of the Committee on Science, the
gentleman from Pennsylvania [Mr. Walker], for his efforts to develop
this bill and to bring it to final passage today. I have been pleased
to work cooperatively with him on what has truly been a bipartisan
effort. The culmination of this process is a bill that enjoys the
support of Antarctic scientists, environmentalists and the Federal
agencies responsible for administering the U.S. national program in
Antarctica.
The proponents of H.R. 3060 all recognize the importance of
protecting Antarctica as a unique world resource while allowing the
valuable research carried on there to go forward. The Environmental
Protocol designates Antarctica as a natural preserve devoted to peace
and science and sets forth environmental protection principles and
specific rules applicable to all human activities on the continent.
Final ratification of the protocol by the United States, which becomes
possible with passage of H.R. 3060, will help spur action by the
remaining nations which have not completed ratification.
Madam Speaker, H.R. 3060 is a bipartisan bill that will ensure that a
sensible and comprehensive environmental protection regime is
instituted to govern all international activities conducted in
Antarctica. The bill has been enthusiastically endorsed by those most
affected by its provisions and closest to the issues involved. I urge
my colleagues to support passage of the measure.
Madam Speaker, I reserve the balance of my time.
Mr. WALKER. Madam Speaker, I yield 5 minutes to the gentlewoman from
Maryland [Mrs. Morella].
Mrs. MORELLA. Madam Speaker, I thank the gentleman for yielding me
the time, I thank him for his leadership on this issue and for the
leadership of the gentleman from California [Mr. Brown], ranking
member, on this issue.
Madam Speaker, this is truly a landmark day for those of us who are
seeking protection of the antarctic environment.
For the past 5 years, those of us who have been ardent longtime
supporters for the preservation of the Antarctic Continent and its
surrounding seas, have been working diligently toward this day.
Now with the passage of this bill today, and the President's
subsequent signature into law, we will have finally achieved our
objective since the United States began consideration of the
implementation of the 1991 Protocol on Environmental Protection of the
Antarctic Treaty.
While the United States is taking one small environmental step today,
it is the Antarctic Continent and the nations with antarctic
settlements which will be on the verge of taking one giant collective
leap forward to protect the antarctic environment from the adverse
effects of human activities.
After U.S. ratification of the Antarctic Treaty is enacted, and its
eventual passage in the remaining 5 of 26 countries, the treaty will
become fully enforceable.
Having had the opportunity to personally visit and participate in
studies in Antarctica, under the guidance of the National Science
Foundation, I clearly understand the need to reinforce the status of
Antarctica as a natural reserve devoted to peace and science.
Antarctica provides the world with an unmatched natural laboratory
for scientific research.
This international research is making invaluable contributions to our
insights into the history of the Earth, the evolution of our universe,
world climate change, global ocean circulation, ozone depletion, and
astronomy, among many other very important planetary issues.
There are, however, pressures on the antarctic environment from the
effect of human activity, which has risen fairly dramatically since
research activities have intensified over the past few decades.
Today, there are more scientific stations on the continent, housing
more scientists and support personnel, than ever.
Coupled with an increasing rise in antarctic tourism, additional
pressures are made daily to this very unique and delicate environment.
The need to move forward on implementing the protocol is pressing and
is never more compelling than now.
As world leaders in environmental stewardship, it is paramount that
the United States join the other 20 current signatory parties that have
enacted
[[Page H10144]]
ratification of the protocol in their nation's legislative bodies.
It should also be noted, ironically however, that although the
protocol is not yet in force on the U.S. settlements, we, for the most
part, already adhere to the protocol tenants.
For example, NSF already conducts its antarctic activities in a
manner consistent with the protocol's requirements and already issues
environmental assessment regulations in compliance with the protocol.
Madam Speaker, I am a proud original cosponsor and a strong supporter
of H.R. 3060, the Antarctic Environmental Protection Act.
H.R. 3060 comprehensively and effectively implements the Antarctic
Treaty.
It achieves the appropriate balance between sound environmental
practices and the promotion of antarctic scientific research.
It certainly deserves our support today and has already received the
support of many others.
Not only is there a strong bipartisan congressional support for the
bill, but it is also supported by a wide coalition of major
environmental groups, the administration, and the antarctic research
community.
I commend the chairman of the Science Committee, the gentleman from
Pennsylvania, for his leadership in this effort.
The committee has played a crucial role in negotiating the language
in this bill with such disparate groups as the State Department, the
National Oceanic and Atmospheric Administration, the National Science
Foundation, the Antarctica Project, the World Wildlife Fund, and
Greenpeace, among others.
Madam Speaker, I urge all of my colleagues to support this important
legislation to implement the Antarctic Environmental Protocol.
In doing so, we will preserve this fragile and still-developing
glacier ecosystem for generations to come.
{time} 1600
Mr. BROWN of California. Mr. Speaker, I have no further requests for
time, and I yield back the balance of my time.
Mr. YOUNG of Alaska. Madam Speaker, today the House is considering
the Senate amendments to H.R. 3060, the Antarctic Science, Tourism and
Conservation Act of 1996. This bill brings U.S. law in line with the
international agreement covering Antarctic environmental protection.
The bill was referred to the House Resources Committee which I chair.
In an effort to cooperate with the Science Committee, the Resources
Committee agreed to let the measure be considered by the full House
without amending the bill.
In the Senate, my Alaska colleague, Senator Ted Stevens, added an
important amendment which I support. The Stevens amendment requires
that the National Science Foundation provide Congress with a Polar
Research and Policy Study by March 1, 1997. It will provide Congress
with a status report on the implementation of the Arctic Environmental
Protection Strategy; a comparison of Federal Arctic and Antarctic
research efforts; and an assessment of what needs to be done to
implement the Arctic Research Commission's recommendations for Arctic
research.
The Antarctic environment is, of course, very important and I am
pleased that we are acting on this bill to improve our understanding of
that continent and its surrounding waters. However, the Arctic also
faces many difficult resource management issues. These issues include
how to fairly manage wildlife to meet the needs of native people in the
Arctic, and how to deal with the massive pollution problems created by
Soviet industrial and military use of Arctic land and water. The study
called for in this bill will give us the information we need to
properly allocate Federal logistical and financial resources in order
to make sure that the Arctic and those that live there get a fair share
of Federal research dollars.
I am glad that the House is acting to clear this bill today, and I
urge an ``aye'' vote.
Mr. SCHIFF. Madam Speaker, the Subcommittee on Basic Research, which
I chair, has responsibility for the National Science Foundation [NSF].
NSF is responsible, in part, for conducting research in Antarctica and
the protection of the environment in this pristine and unique part of
the world. The subcommittee has recently completed hearings on the
future of the South Pole Station and the role of NSF in Antarctic
research.
I believe it is important to recognize the uniqueness of Antarctica;
a place where the temperature in winter can exceed -45 deg. F and
winds can reach 180 miles per hour; a place 1\1/2\ times the size of
the United States. Antarctica's associated seas represent nearly 6
percent of the world's oceans and its ice, 70 percent of the Earth's
fresh water. Lately, there have been news articles of the discovery of
a large underground freshwater lake in Antarctica, Lake Vostok, 140
miles long, 30 miles wide, buried under 9,000 feet of ice and heated by
the earth's core. And, most recently in the headline news, the
meteorite that is credited with evidence of life on Mars was discovered
in Antarctica.
We have much to learn from this area. The United States has important
foreign policy, national security, scientific, and environmental
interests in this vast region. With respect to international
involvement in the Antarctic, there are seven countries which have
territorial claims on Antarctica. The United States does not recognize
these claims and there are 26 consultative parties to the Antarctic
Treaty. Therefore, as we look to the future, the responsibilities of
the United States and our commitment to the Antarctic and our role at
the South Pole Station raises many questions.
This is one reason why the passage of H.R. 3060 is so important. The
U.S. Senate gave its advice and consent to ratification of the
Antarctic protocol in 1992. All that remains for the United States to
become a party to the protocol is to enact the necessary implementing
legislation. The protocol will activate when all 26 of the Antarctic
Treaty consultative parties implement it. So far, 20 of the
consultative parties have done so. The United States' ratification will
provide impetus for the remaining five to join, as well.
I am proud to have been an original cosponsor of this bill. I want to
commend Chairman Walker for his leadership on this issue. I also want
to point out that this has been a bipartisan issue. Mr. Brown and Mr.
Cramer have been very supportive in our efforts to protect, understand,
and research the continent of Antarctica.
I urge my colleagues to support this legislation.
general leave
Mr. WALKER. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
on the Senate amendments to H.R. 3060.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
Mr. WALKER. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Miller of Florida). The question is on
the motion offered by the gentleman from Pennsylvania [Mr. Walker] that
the House suspend the rules and concur in the Senate amendment to H.R.
3060.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate amendment was
concurred in.
A motion to reconsider was laid on the table.
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