[House Report 104-593]
[From the U.S. Government Publishing Office]
104th Congress Rept. 104-593
HOUSE OF REPRESENTATIVES
2d Session Part I
_______________________________________________________________________
ANTARCTIC ENVIRONMENTAL PROTECTION ACT OF 1996
_______________________________________________________________________
May 23, 1996.--Ordered to be printed
_______
Mr. Walker, from the Committee on Science, submitted the following
R E P O R T
[To accompany H.R. 3060]
[Including cost estimate of the Congressional Budget Office]
The Committee on Science, to whom was referred the bill
(H.R. 3060) to implement the Protocol on Environmental
Protection to the Antarctic Treaty, having considered the same,
reports favorably thereon without amendment and recommends that
the bill do pass.
C O N T E N T S
Page
I. Purpose of the Bill..............................................2
II. Background and Need for Legislation..............................2
III. Summary of Hearing...............................................2
IV. Committee Actions................................................3
V. Summary of Major Provisions of the Bill..........................3
VI. Section-By-Section Analysis......................................3
Section 1. Short Title...........................................3
Section 101. Findings and Purpose................................3
Section 102. Definitions.........................................3
Section 103. Prohibited Acts.....................................4
Section 104. Environmental Impact Assessment.....................4
Section 105. Permits.............................................5
Section 106. Regulations.........................................5
Section 107. Saving Provisions...................................5
Section 201. Findings and Purpose................................5
Section 202. Prohibition of Antarctic Mineral Resource Activities5
Section 203. Additional Amendments...............................5
Section 301. Amendments..........................................6
VII. Congressional Budget Office Analysis and Cost Estimates..........6
VIII.Effect of Legislation on Inflation...............................7
IX. Oversight Findings and Recommendations...........................7
X. Oversight Findings and Recommendations by the Committee on
Government Reform and Oversight..................................7
XI. Changes in Existing Law Made by the Bill, as Reported............7
XII. Committee Recommendations.......................................26
XIII.Proceedings of Full Committee Markup............................27
I. Purpose of the Bill
The purpose of the bill is to provide the necessary
legislative authority for the United States to implement the
1991 Protocol on Environmental Protection to the Antarctic
Treaty.
II. Background and Need for Legislation
The 1991 Protocol on Environmental Protection to the
Antarctic Treaty established specific principles and rules for
protection of the Antarctic environment from human activities.
Specifically, the Protocol addresses the protection of flora
and fauna, imposes strict limits on the discharge of
pollutants, and requires environmental impact assessments of
planned governmental and non-governmental activities. The
Protocol also forbids prospecting or development of Antarctic
mineral resources, but excludes scientific research. In 1992,
the U.S. Senate gave its consent to ratify the measure;
however, implementing legislation was never enacted. In order
for the Protocol to be fully effective and enforceable, all 26
of the Antarctic Treaty Consultative Parties must ratify the
Protocol. Of the 26 Antarctic Treaty Consultative Parties only
20 have ratified the Protocol, leaving the United States,
Russia, Japan, India, Belgium, and Finland to complete action.
H.R. 3060 provides the necessary legislative authority for the
United States to implement the Protocol.
III. Summary of Hearing
On April 18, 1996, the Committee on Science held a hearing
to receive testimony on H.R. 3060, the Antarctic Environmental
Protection Act of 1996. H.R. 3060 implements the Environmental
Protocol to the Antarctic Treaty. Witnesses included Dr. Neal
Lane, Director, National Science Foundation; Ms. Eileen
Claussen, Assistant Secretary of State, Oceans and
International Environmental and Scientific Affairs, U.S.
Department of State; Ms. Kathryn Fuller, President, World
Wildlife Fund; and Dr. Robert Rutford, Program of Geosciences,
University of Texas, at Dallas. The witnesses conveyed strong
support for the passage of H.R. 3060, testifying that the bill
comprehensively and effectively implements the Protocol.
IV. Committee Actions
On April 24, 1996, the Committee met to markup H.R. 3060,
the Antarctic Environmental Protection Act of 1996. The bill
was adopted, without amendment, by voice vote, and ordered
reported to the full House, by voice vote, for consideration.
V. Summary of Major Provisions of the Bill
Title I of H.R. 3060 amends the Antarctic Conservation Act
of 1978 by providing definitions, prohibited acts, and an
environmental impact assessment. Title II amends the Antarctic
Protection Act of 1990 by prohibiting mineral resource
activities in the Antarctic. Title III amends the Act to
Prevent the Pollution from Ships to conform to the
International Convention for the Prevention of Pollution from
Ships as modified by the Protocol in 1978 (MARPOL) Protocol.
VI. Section-by-Section Analysis
Sec. 1. Short Title
Cites the Act as the ``Antarctic Environmental Protection
Act of 1996.''
Title I--Amendments to the Antarctic Conservation Act of 1978
Sec. 101. Findings and purpose
Amends section 2 of the Antarctic Conservation Act of 1978
to conform with the following: (1) Congress finds that the
Antarctic Treaty and the Protocol on Environmental Protection
to the Antarctic Treaty establishes a firm foundation for the
protection of the Antarctic environment, international
cooperation and freedom from scientific investigation; and (2)
the purpose of the Act is to provide legislative authority to
implement the Protocol.
Sec. 102. Definitions
Amends definitions in section 3 of the Antarctic
Conservation Act of 1978. Defines (1) ``Administrator'' as the
Administrator of the Environmental Protection Agency; (2)
``Antarctica'' as the area south of 60 degrees south latitude;
(3) ``Antarctic Specially Protected Area'' as an area
identified as such pursuant to Annex V to the Protocol; (4)
``Director'' as the Director of the National Science
Foundation; (5) ``harmful interference'' as:
(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; and (F)
any activity that results in the significant adverse
modification of habitats of any species of population
of native mammal, native bird, native plant, or native
invertebrate;
(6) ``historic site or monument'' as any site or monument
listed as a historic site or monument pursuant to Annex V to
the Protocol; (7) ``impact'' as an impact on the Antarctic
environment and de-
pendent and associated ecosystems; (8) ``import'' as 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 U.S., including the 12-mile territorial sea of the U.S.,
whether or not such act constitutes an importation within the
meaning of the customs laws of the U.S.; (9) ``native bird'' as
any member of any species of the class Aves which is indigenous
to Antarctica or occurs there seasonally through natural
migrations; (10) ``native invertebrate'' as any terrestrial or
freshwater invertebrate which is indigenous to Antarctica; (11)
``native mammal'' as any member of any species of the class
Mammalia, which is indigenous to Antarctic; (12) ``native
plant'' as any terrestrial or freshwater vegetation, which is
indigenous to Antarctica; (13) ``non-native species'' as any
species of animal or plant which is not indigenous to
Antarctica; (14) ``person'' has the meaning given that term in
section 1 of title 1, U.S. Code, and includes any person
subject to the jurisdiction of the U.S. and any department,
agency, or other instrumentality of the federal government or
any state or local government; (15) ``prohibited product'' as
any substance banned from introduction onto land or ice shelves
or into water in Antarctica pursuant to Annex III to the
Protocol; (16) ``prohibited waste'' as 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) ``Protocol'' as the Protocol on Environmental
Protection to the Antarctic Treaty; (18) ``Secretary'' as the
Secretary of Commerce; (19) ``Specially Protected Species'' as
any native species designated as a Specially Protected Species
pursuant to Annex II to the Protocol; (20) ``take'' as 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) ``Treaty'' as the Antarctic Treaty of 1959; (22)
``United States'' as 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 U.S.; and (23) ``vessel subject
to the jurisdiction of the United States'' as 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.
Sec. 103. Prohibited Acts
Specifies prohibited actions associated with disposal of
pollutants, harming historic sites, control of tourism,
interference with enforcement officials, and violation of
regulations and permits. Specifies actions which are prohibited
unless authorized by a permit, including waste disposal,
introduction of non-native species, entering protected areas,
disturbing native species, and transporting or possessing
native birds, mammals or plants. Some exceptions to these
prohibitions are allowed under emergency circumstances.
Sec. 104. Environmental Impact Assessment
Establishes the policy that obligations under the Protocol
for environmental impact assessments for federal agency
activities are to be satisfied by application of the National
Environmental Policy Act. Specifies that environmental impact
assessments for Antarctic joint activities (to be defined
through regulations) carried out in cooperation with one or
more foreign governments shall not be conducted by the United
States, provided that the Secretary of State determines that a
major part of the joint activity is being contributed by
another nation, which is coordinating the environmental
assessment and which has acceded to the Protocol. The
Administrator of EPA is required to promulgate regulations to
provide for the environmental impact assessment of non-
governmental activities, such as tourism.
Sec. 105. Permits
Amends the Permits section of the Antarctic Conservation
Act of 1978 to conform to the terminology and requirements of
the Protocol, including specifying the need for a permit for
killing or capturing native birds or mammals associated with
scientific activities or the construction and operation of
scientific support facilities.
Sec. 106. Regulations
Specifies, with two exceptions noted subsequently, that NSF
shall issue all regulations to implement the Protocol and Act,
including Annex II (Conservation of Antarctic Fauna and Flora),
Annex V (Area Protection and Management), and Article 15
(Emergency Response Action) with respect to land areas and ice
shelves. Specifies that NSF shall, with the concurrence of EPA,
issue regulations to implement Annex III (Waste Disposal and
Waste Management) of the Protocol. Specifies that the Coast
Guard shall issue regulations to implement Annex IV (Prevention
of Marine Pollution) of the Protocol and, with the concurrence
of NSF, shall issue regulations to implement Article 15 of the
Protocol with respect to ships.
Sec. 107. Saving Provisions
Amends section 14 of the Antarctic Conservation Act of 1978
to ensure that all regulations promulgated under this Act
remain in effect until superseding regulations are promulgated.
Title II--Amendments to Antarctic Protection Act of 1990
Sec. 201. Finding and Purpose
Amends section 2 of the Antarctic Protection Act of 1990 to
bring it into conformity with the ban on mineral resource
activities in Article 7 of the Protocol.
Sec. 202. Prohibition of Antarctic Mineral Resource Activities
Provides an indefinite ban on Antarctic mineral resource
activities, other than for scientific purposes.
Sec. 203. Additional Amendments
Repeals sections five and seven of the Antarctic Protection
Act of 1990 and redesignates section six as section five.
Title III--Amendments to the Act to Prevent Pollution from Ships
Sec. 301. Amendments
Amends the Act to Prevent Pollution from Ships by inserting
such references to Annex IV of the Protocol as necessary to
implement the Protocol's provisions on prevention of marine
pollution.
VII. Congressional Budget Office Analysis and Cost Estimates
Congressional Budget Office
U.S. Congress
Washington, DC. 20515
June E. O'Neill, Director
May 9, 1996
Honorable Robert S. Walker,
Chairman, Committee on Science
U.S. House of Representatives
Washington, DC. 20515
Dear Mr. Chairman:
The Congressional Budget Office has reviewed H.R. 3060, the
Antarctic Environmental Protection Act of 1996, as ordered reported by
the House Committee on Science on April 24, 1996. We estimate that
enacting this bill would require various agencies to write new
regulations regarding protection of the Antarctic environment at an
estimated cost to the Federal Government of $2 million to $5 million
over the 1997-2000 period, assuming appropriation of the necessary
amounts. In addition, the bill also would increase governmental
receipts and direct spending, but such changes would be less than
$500,000 for each year. Because the bill would affect direct spending
and receipts, pay-as-you-go procedures would apply. The bill does not
contain any intergovernmental or private sector mandates as defined in
Public Law 104-4.
Bill Purpose. H.R. 3060 would implement the Protocol on
Environmental Protection to the Antarctic Treaty by amending the
Antarctic Conservation Act of 1978, the Antarctic Protection Act of
1990, and the Act to Prevent Pollution from Ships. The bill would
prohibit Antarctic mineral resource activity, the introduction of
specified products into the Antarctic, and certain waste disposal
practices. Specifically, the legislation would require the National
Science Foundation (NSF) to issue regulations on the protection of
Antarctic flora and fauna, waste disposal and management, and other
areas necessary to implement the Protocol. It also would require the
Coast Guard to promulgate regulations prohibiting marine pollution in
the Antarctic, and would establish civil and criminal penalties for
violations of these regulations. H.R. 3060 would direct the
Environmental Protection Agency to issue regulations within two years
of enactment regarding assessments of the environmental impact of
nongovernmental activities, including tourism, in the Antarctic.
Finally, the bill would apply the National Environmental Policy Act of
1969 (NEPA) to proposed activities of federal agencies in Antarctica.
Federal Budgetary Impact. Based on information from the affected
agencies, CBO estimates that issuing the regulations called for by this
legislation would cost $2 million to $5 million over the 1997-2000
period, assuming appropriation of the necessary funds. We estimate that
applying NEPA to activities of federal agencies in the Antarctic would
not result in additional expenditures by such agencies because they
already prepare environmental impact statements under NEPA for
activities in the Antarctic. Likewise, federal agencies have already
taken steps to bring their activities in the Antarctic into compliance
with the terms of the Antarctic Treaty. Hence, we estimate that
enacting this bill would not significantly increase the cost of
government operations there.
CBO estimates that collections from new civil and criminal
penalties would increase governmental receipts by less than $500,000
annually. Payments of criminal fines would be deposited in the Crime
Victims Fund and would be spent, without the need for appropriations
action, in the following year. Therefore, additional direct spending
from the Crime Victims Fund would also be negligible.
Mandates Statement. Section 4 of the Unfunded Mandates Reform Act
of 1995 excludes from the application of that act any legislative
provisions that are necessary for the ratification or implementation of
international treaty obligations. CBO has determined that all
provisions of this bill fit within that exclusion, because they are
necessary for the implementation of the Protocol on Environmental
Protection to the Antarctic Treaty.
If you wish further details on this estimate, we will be pleased to
provide them. The CBO staff contacts for estimates of spending are Kim
Cawley, Kathleen Gramp, Deborah Reis, and Gary Brown, who can be
reached at 226-2720.
Sincerely,
June E. O'Neill, Director
cc: Honorable George E. Brown, Jr., Ranking Minority Member
VIII. Effect of Legislation on Inflation
In accordance with rule XI, clause 2(1)(4) of the Rules of
the House of Representatives, this legislation is assumed to
have no inflationary effect on prices and costs in the
operation of the national economy.
IX. Oversight Findings and Recommendations
Clause 2(1)(3)(A) of rule XI requires each committee report
to contain oversight findings and recommendations required
pursuant to clause 2(b)(1) of rule X. The Committee has no
oversight findings.
X. Oversight Findings and Recommendations by the Committee on
Government Reform and Oversight
Clause 2(1)(3)(D) of rule XI requires each committee report
to contain a summary of the oversight findings and
recommendations made by the Government Reform and Oversight
Committee pursuant to clause 4(c)(2) of rule X, whenever such
findings have been timely submitted. The Committee on Science
has received no such findings or recommendations from the
Committee on Government Reform and Oversight.
XI. Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3 of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
ANTARCTIC CONSERVATION ACT OF 1978
* * * * * * *
[SEC. 2. FINDINGS AND PURPOSE.
[(a) Findings.--The Congress finds that--
[(1) the Antarctic Treaty and the Agreed Measures for
the Conservation of Antarctic Fauna and Flora, adopted
at the Third Antarctic Treaty Consultative Meeting,
have established a firm foundation for the continuation
of international cooperation and the freedom of
scientific investigation in Antarctica; and
[(2) the study of Antarctic fauna and flora, their
adaptation to their rigorous environment, and their
interrelationships with that environment has special
scientific importance for all mankind.
[(b) Purpose.--The purpose of this Act is to provide for
the conservation and protection of the fauna and flora of
Antarctica, and of the ecosystem upon which such fauna and
flora depend, consistent with the Antarctic Treaty, the Agreed
Measures for the Conservation of Antarctic Fauna and Flora, and
Recommendation VII-3 of the Eighth Antarctic Treaty
Consultative Meeting.
[SEC. 3. DEFINITIONS.
[For purposes of this Act--
[(1) The term ``Agreed Measures'' means the Agreed
Measures for the Conservation of Antarctic Fauna and
Flora--
[(A) as recommended to the Consultative
Parties for approval at the Third Antarctic
Treaty Consultative Meeting; and
[(B) as amended from time to time in
accordance with Article IX(1) of the Treaty.
[(2) The term ``Antarctica'' means the area south of
60 degrees south latitude.
[(3) The term ``collect'' means to cut, sever, or
move, or to attempt to engage in any such conduct.
[(4) The term ``Director'' means the Director of the
National Science Foundation or an officer or employee
of the Foundation designated by the Director.
[(5) The term ``foreign person'' means--
[(A) any individual who is a citizen or
national of a foreign nation,
[(B) any corporation, partnership, trust,
association, or other legal entity existing or
organized under the laws of any foreign nation,
and
[(C) any department, agency, or other
instrumentality of any foreign nation and any
officer, employee, or agent of any such
instrumentality.
[(6) 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 designated as a
native species by the Director under section 6(b)(1),
and includes any part of any such member.
[(7) The term ``native mammal'' means any member, at
any stage of its life cycle, of any species of the
class Mammalia, other than any species regulated by the
International Whaling Commission, which is designated
as a native species by the Director under section
6(b)(1), and includes any part of such member.
[(8) The term ``native plant'' means any member of
any species of plant at any stage of its life cycle
(including seeds) which is designated as such by the
Director under section 6(b)(1), and includes any part
of any such member.
[(9) The term ``pollutant'' means any substance
designated as such by the Director under section
6(b)(6).
[(10) The term ``site of special scientific
interest'' means any area designated as such by the
Director under section 6(b)(3).
[(11) The term ``specially protected area'' means any
area designated as such by the Director under section
6(b)(4).
[(12) The term ``specially protected species'' means
any species of native mammal or native bird designated
as such by the Director under section 6(b)(5).
[(13) The term ``take'' means to harass, molest,
harm, pursue, hunt, shoot, wound, kill, trap, or
capture, or to attempt to engage in any such conduct.
[(14) The term ``Treaty'' means the Antarctic Treaty
signed in Washington, D.C., on December 1, 1959.
[(15) 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, and the Trust Territory of the Pacific
Islands, including the Government of the Northern
Mariana Islands.
[(16) The term ``United States citizen'' means--
[(A) any individual who is a citizen or
national of the United States;
[(B) any corporation, partnership, trust,
association, or other legal entity existing or
organized under the laws of any of the United
States; and
[(C) any department, agency, or other
instrumentality of the Federal Government or of
any State, and any officer, employee, or agent
of any such instrumentality.
[SEC. 4. PROHIBITED ACTS.
[(a) In General.--It is unlawful--
[(1) for any United States citizen, unless authorized
by regulation prescribed under this Act or a permit
issued under section 5--
[(A) to take within Antarctica any native
mammal or native bird,
[(B) to collect within any specially
protected area any native plant,
[(C) to introduce into Antarctica any animal
or plant that is not indigenous to Antarctica,
[(D) to enter any specially protected area or
site of special scientific interest, or
[(E) to discharge, or otherwise to dispose
of, any pollutant within Antarctica;
[(2) for any United States citizen wherever located,
or any foreign person while within the United States,
unless authorized by regulation prescribed under this
Act or a permit issued under section 5--
[(A) to possess, sell, offer for sale,
deliver, receive, carry, transport, or ship by
any means whatsoever, or
[(B) to import into the United States, to
export from the United States, or to attempt to
so import or export,
any native mammal or native bird taken in Antarctica or
any native plant collected in any specially protected
area;
[(3) for any United States citizen wherever located,
or any foreign person while within the United States,
to violate any regulation prescribed under this Act; or
[(4) for any person, whether or not a United States
citizen, to violate any term or condition of any permit
issued under section 5.
No act described in paragraphs (1) through (4) shall be
unlawful if committed, under emergency circumstances, to
prevent the loss of human life.
[(b) Exception.--Subsection (a) shall not apply to--
[(1) any native mammal, native bird, or native plant
which is held in captivity on the date of the enactment
of this Act; or
[(2) any offspring of any such mammal, bird, or
plant.
With respect to any act prohibited by subsection (a) which
occurs after the 180th day after such date of enactment, there
shall be a rebuttable presumption that the native mammal,
native bird, or native plant involved in such act was not held
in captivity on such date or was not an offspring referred to
in paragraph (2).]
SEC. 2 FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that the Antarctic Treaty
and the Protocol on Environmental Protection to the Antarctic
Treaty establish a firm foundation for the comprehensive
protection of the Antarctic environment, the continuation of
international cooperation, and the freedom of scientific
investigation in Antarctica.
(b) Purpose.--The purpose of this Act is to provide
legislative authority to implement, with respect to the United
States, the Protocol on Environmental Protection to the
Antarctic Treaty.
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 helicopter 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 a 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 designed 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. 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;
(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. 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 Environmental Protection 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 of
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. 5. PERMITS.
(A) In general.--The Director may issue permits which
authorize acts otherwise prohibited by section 4[a](b).
* * * * * * *
(c) Action by Appropriate Secretaries on Certain Permit
Applications.--(1) If the Director receives an application for
a permit under this section requesting authority to undertake
any action with respect to--
(A) any native mammal which is a marine mammal within
the meaning of section 3(5) of the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1362(5));
(B) any native mammal, native bird, or native plant
which is an endangered species or threatened species
under the Endangered [Special] Species Act of 1973 (16
U.S.C. 1531 et seq.); or
* * * * * * *
(e) Terms and Conditions of Permits.--(1) Each permit
issued under this section shall--
(A) if applicable, specify--
(i) the number and species of native mammals,
native birds, [or native plants to which the
permit applies,] native plants, or native
invertebrates to which the permit applies, and
[(ii) if any such mammal or bird is
authorized to be taken, transported, carried,
or shipped, the manner (which manner must be
determined by the Director to be humane) in
which such action must be accomplished and the
area in which such taking must occur, and
[(iii) if any such plant is authorized to be
collected, the location and manner in which it
must be collected;]
(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;
* * * * * * *
(2) The terms and conditions imposed by the Director in any
permit issued under this section that authorizes any of the
following acts shall be consistent with the following criteria:
(A) Permits authorizing the taking [within Antarctica
(other than within any specially protected area)] of
any native mammal or native bird (other than a
[specially protected species] Specially Protected
Species of any such mammal or bird)--
(i) may be issued only for the purpose of
providing--
(I) specimens for scientific study or
scientific information,
(II) specimens for museums,
zoological gardens, or other
educational or cultural institutions or
uses[; and ] or harmful interference
within Antarctica
(III) for unavoidable consequences of
scientific activities or the
construction and operation of
scientific support facilities;
(ii) shall ensure, as far as possible, that--
(I) no more native mammals and native
birds are taken in any year than can
normally be replaced by net natural
reproduction in the following breeding
season, and
(II) the variety of species and the
balance of the natural ecological
systems [with Antarctica and] within
Antarctica are maintained.
(B) Permits authorizing the taking of [specially
protected species] Specially Protected Species may be
issued only if--
(i) there is a compelling scientific purpose
for such taking; and
(ii) the actions allowed under any such
permit will not jeopardize any existing natural
ecological system, or the survival, of such
species.
[(C) Permits authorizing the entry into any specially
protected area--
[(i) may be issued only if--
[(I) there is a compelling scientific
purpose for such entry which cannot be
served elsewhere, and
[(II) the actions allowed under any
such permit will not jeopardize the
natural ecological system existing in
such area; and
[(ii) shall not allow the operation of any
surface vehicle within such area.
[(D) Permits authorizing the entry into any site of
special scientific interest shall be consistent with
the management plan prescribed under section 6(b)(3)
for such site.]
(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. 6. REGULATIONS.
[(a) In General.--The Director, after consultation with the
Secretary of State and other appropriate Federal officials,
shall prescribe such regulations as are necessary and
appropriate to implement the provisions of this Act.
[(b) Specific Regulations.--The regulations required to be
prescribed under subsection (a) shall include, but shall not be
limited to, regulations which--
[(1) 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 occurs in
Antarctica through natural agencies of dispersal;
[(2) specify those actions which must, and those
actions which must not, be taken within Antarctica in
order to protect, in accordance with the applicable
provisions of the Agreed Measures, members of each
native species designated under paragraph (1);
[(3) identify, as a site or special scientific
interest, each area approved by the United States in
accordance with Recommendation VIII-3 of the Eighth
Antarctic Treaty Consultative Meeting as having unique
value for scientific investigation and needing
protection from interference, and prescribe a
management plan for such site which is consistent with
any management plan approved by the United States for
such site in accordance with such Recommendation;
[(4) identify, as a specially protected area, each
area designated for special protection under the Agreed
Measures because of its outstanding scientific or
ecological interest;
[(5) designate, as a specially protected species, any
native species of mammal or bird which is approved by
the United States for special protection under the
Agreed Measures;
[(6) designate as a pollutant any substance which the
Director finds liable, if the substance is introduced
into Antarctica, to create hazards to human health, to
harm living resources or marine life, to damage
amenities, or to interfere with other legitimate uses
of Antarctica;
[(7) specify those actions which must, and those
actions which must not, be taken in order to prevent or
control the discharge or other disposal of pollutants,
from any source within Antarctica;
[(8) designate those animals and plants, not
indigenous to Antarctica, which either may, or may not,
be introduced into Antarctica, and specify those
control measures which must be observed with respect to
any such animals or plants which are allowed to be so
introduced;
[(9) specify the emergency circumstances with respect
to which the exclusion set forth in the last sentence
of section 4(a) applies; and
[(10) set forth the form, content, and manner of
filing, if applicable, of all notices, reports,
declarations, or other documentation which may be
required incident to the carrying out of any act for
which a permit is required under section 5.
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 (20 of this section shall be
issued within 2 years after the date of the enactment of the
Antarctic Environmental Protection 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 Environmental Protection Act of 1996.
* * * * * * *
[SEC. 14.
[(a) The first section of the Fishermen's Protective Act of
1967 (22 U.S.C. 1971) is amended by adding at the end thereof
the following new sentence: ``Notwithstanding any other law,
the documentation or certification of any such vessel shall not
be considered to be affected, for the purposes of this Act, in
any manner or to any extent if at any time during any voyage
for the purpose of fishing beyond the fishery conservation zone
(as defined in section 3(8) of the Fishery Conservation and
Management Act of 1976 (16 U.S.C. 1802(8)), the vessel is
commanded by other than a citizen of the United States.''.
[(b) The amendment made by subsection (a) shall take effect
January 1, 1978.]
SEC. 14. SAVING PROVISIONS.
(a) Regulations.--All regulations promulgated under this
Act prior to the date of the enactment of the Antarctic
Environmental Protection 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.
----------
ANTARCTIC PROTECTION ACT OF 1990
* * * * * * *
[SEC. 2. FINDINGS AND PURPOSE.
[(a) Findings.--Congress finds that--
(1) the Antarctic continent with its associated and
dependent ecosystems is a distinctive environment
providing a habitat for many unique species and
offering a natural laboratory from which to monitor
critical aspects of stratospheric ozone depletion and
global climate change;
[(2) Antarctica is protected by a series of
international agreements, including the Antarctic
Treaty and associated recommendations, the Convention
on the Conservation of Antarctic Seals, and the
Convention on the Conservation of Antarctic Marine
Living Resources, which are intended to conserve the
renewable natural resources of Antarctica and to
recognize the importance of Antarctica for the conduct
of scientific research;
[(3) recurring and recent developments in Antarctica,
including increased siting of scientific stations, poor
waste disposal practices, oil spills, increased
tourism, and the over-exploitation of marine living
resources, have raised serious questions about the
adequacy and implementation of existing agreements and
domestic law to protect the Antarctic environment and
its living marine resources;
[(4) the parties to the Antarctic Treaty have
negotiated a Convention on the Regulation of Antarctic
Mineral Resources Activities which the United States
has signed but not yet ratified;
[(5) the Convention on the Regulation of Antarctic
Mineral Resources Activities does not guarantee the
preservation of the fragile environment of Antarctica
and could actually stimulate movement toward Antarctic
mineral resource activity;
[(6) the exploitation of mineral resources in
Antarctica could lead to additional degradation of the
Antarctic environment, including increased risk of oil
spills;
[(7) the Antarctic Treaty Consultative Parties have
agreed to a voluntary ban on Antarctic mineral resource
activities which needs to be made legally binding;
[(8) the level of scientific study, including
necessary support facilities, has increased to the
point that some scientific programs may be degrading
the Antarctic environment; and
[(9) the planned special consultative meeting of
parties to the Antarctic Treaty and the imminence of
the thirtieth anniversary of the Antarctic Treaty
provide opportunities for the United States to exercise
leadership toward protection and sound management of
Antarctica.
[(b) Purpose.--The purpose of this Act is to--
[(1) strengthen substantially overall environmental
protection of Antarctica;
[(2) prohibit prospecting, exploration, and
development of Antarctic mineral resources by United
States citizens and other persons subject to the
jurisdiction of the United States;
[(3) urge other nations to join the United States in
immediately negotiating one or more new agreements to
provide an indefinite ban on all Antarctic mineral
resource activities and comprehensive protection for
Antarctica and its associated and dependent ecosystems;
and
[(4) urge all nations to consider a permanent ban on
Antarctic mineral resource activities.]
SEC. 2. FINDING AND PURPOSE.
(a) Finding.--The Congress finds that the Protocol on
Environmental Protection to the Antarctic Treaty prohibits
indefinitely Antarctic mineral resource activities.
(b) Purpose.--The purpose of this Act is to provide
legislative authority to implement, with respect to the United
States, Article 7 of the Protocol on Environmental Protection
to the Antarctic Treaty.
* * * * * * *
SEC. 4. PROHIBITION OF ANTARCTIC MINERAL RESOURCE ACTIVITIES.
[Pending a new agreement among the Antarctic Treaty Consul-
tative 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] It
is unlawful for any person to engage in, finance, or otherwise
knowingly provide assistance to any Antarctic mineral resource
activity.
[SEC. 5. INTERNATIONAL AGREEMENT.
[(a) It is the sense of Congress that the Secretary of
State should enter into negotiations with the Antarctic Treaty
Consultative Parties to conclude one or more new international
agreements to--
[(1) conserve and protect permanently the natural
environment of Antarctica and its associated and
dependent ecosystems;
[(2) prohibit or ban indefinitely Antarctic mineral
resource activities by all parties to the Antarctic
Treaty;
[(3) grant Antarctica special protective status as a
land of science dedicated to wilderness protection,
international cooperation, and scientific research;
[(4) ensure that the results of all scientific
investigations relating to geological processes and
structures be made openly available to the
international scientific community, as required by the
Antarctic Treaty; and
[(5) include other comprehensive measures for the
protection of the Antarctic environment.
[(b) It is the sense of Congress that any treaty or other
international agreement submitted by the President to the
Senate for its advice and consent to ratification relating to
mineral resources or activities in Antarctica should be
consistent with the purpose and provisions of this Act.]
SEC. [6] 5. ENFORCEMENT.
(a) In General.--A violation of this Act or any regulation
promulgated under this Act is deemed to be a violation of the
Antarctic Marine Living Resources Convention Act (16 U.S.C.
2431-2444) and shall be enforced under that Act by the Under
Secretary or another Federal official to whom the Under
Secretary has delegated this responsibility.
(b) Penalty.--If the Under Secretary determines that a
person has violated section 4--
(1) that person shall be ineligible to locate a
mining claim under the mining laws of the United
States; and
(2) the Secretary of the Interior shall refuse to
issue a patent under the mining laws of the United
States, or a lease under the laws of the United States
related to mineral or geothermal leasing, to any such
person who attempts to perfect such patent or lease
application after the Under Secretary has made such
determination.
[SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated--
[(1) to the Under Secretary not more than $1,000,000
for each of fiscal years 1991 and 1992 to carry out the
purposes of this Act; and
[(2) to the Secretary of State not more than $500,000
for each of fiscal years 1991 and 1992 to carry out
section 5 of this Act.]
----------
ACT TO PREVENT POLLUTION FROM SHIPS
Sec. 2. (a) Unless the context indicates otherwise, as used
in this Act--
(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;
[(1)] (3) ``MARPOL Protocol'' means the Protocol of
1978 relating to the International Convention for the
Prevention of Pollution from Ships, 1973, and includes
the Convention;
[(2)] (4) ``Convention'' means the International
Convention for the Prevention of Pollution from Ships,
1973, including Protocols I and II and Annexes I, II,
and V thereto, including any modification or amendments
to the Convention, Protocols or Annexes which have
entered into force for the United States;
[(3)] (5) ``discharge'' and ``garbage'' and ``harmful
substance'' and ``incident'' shall have the meanings
provided in the Convention;
[(4)] (6) ``owner'' means any person holding title
to, or in the absence of title, any other indicia of
ownership of, a ship or terminal, but does not include
a person who, without participating in the management
or operation of a ship or terminal, holds indicia of
ownership primarily to protect a security interest in
the ship or terminal;
[(5)] (7) ``operator'' means--
(a) in the case of a ship, a charterer by
demise or any other person, except the owner,
who is responsible for the operation, manning,
victualing, and supplying of the vessel, or
(b) in the case of a terminal, any person,
except the owner, responsible for the operation
of the terminal by agreement with the owner;
[(6)] (8) ``person'' means an individual, firm,
public or private corporation, partnership,
association, State, municipality, commission, political
subdivision of a State, or any interstate body;
[(7)] (9) ``Secretary'' means the Secretary of the
department in which the Coast Guard is operating;
[(8)] (10) ``ship'' means a vessel of any type
whatsoever, including hydrofoils, air-cushion vehicles,
submersibles, floating craft whether self-propelled or
not, and fixed or floating platforms;
[(9)] (11) ``submersible'' means a submarine, or any
other vessel designed to operate under water; and
[(10)] (12) ``terminal'' means an onshore facility or
an offshore structure located in the navigable waters
of the United States or subject to the jurisdiction of
the United States and used, or intended to be used, as
a port or facility for the transfer or other handling
of a harmful substance.
* * * * * * *
(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.
Sec. 3. (a) * * *
(b)(1) Except as provided in paragraph (2), this Act shall
not apply to--
(A) a warship, naval auxiliary, or other ship owned
or operated by the United States when engaged in
noncommercial service; or
(B) any other ship specifically excluded by the
MARPOL Protocol or the Antarctic Protocol.
* * * * * * *
Sec. 4. (a) Unless otherwise specified herein, the
Secretary shall administer and enforce the MARPOL Protocol,
Annex IV to the Antarctic Protocol, and this Act. In the
administration and enforcement of the MARPOL Protocol and this
Act, Annexes I and II of the MARPOL Protocol shall be
applicable only to seagoing ships.
(b)(1) The Secretary shall prescribe any necessary or
desired regulations to carry out the provisions of the MARPOL
Protocol, Annex IV to the Antarctic Protocol, or this Act.
(2) The Secretary of the department in which the Coast
Guard is operating shall--
(A) [within 1 year after the effective date of this
paragraph,] prescribe regulations which--
(i) require certain ships described in
section 3(a)(1) to maintain refuse record books
and shipboard management plans, and to display
placards which notify the crew and passengers
of the requirements of Annex V to the
Convention and of Annex IV to the Antarctic
Protocol, and
* * * * * * *
Sec. 6. (a) * * *
(b) In determining the adequacy of reception facilities
required by the MARPOL Protocol or the Antarctic Protocol at a
port or terminal, and in establishing regulations under
subsection (a) of this section, the Secretary may consider,
among other things, the number and types of ships, or seagoing
ships using the port or terminal, including their principal
trades.
* * * * * * *
(e)(1) Except in the case of force majeure, the Secretary
shall deny entry to a seagoing ship required by the Convention
or the Antarctic Protocol to retain onboard while at sea,
residues and mixtures containing oil or noxious liquid
substances, if--
(A) the port or terminal is one required by the
Annexes I and II of the Convention or Article 9 of
Annex IV to the Antarctic Protocol or regulations
hereunder to have adequate reception facilities; and
* * * * * * *
(f) The Secretary is authorized to conduct surveys of
existing reception facilities in the United States to determine
measures needed to comply with the MARPOL Protocol or the
Antarctic Protocol.
* * * * * * *
Sec. 8. (a) It is unlawful to act in violation of the
MARPOL Protocol, Annex IV to the Antarctic Protocol, this Act,
or the regulations issued thereunder. The Secretary shall
cooperate with other parties to the MARPOL Protocol or to the
Antarctic Protocol in the detection of violations and in
enforcement of the MARPOL Protocol and Annex IV to the
Antarctic Protocol. The Secretary shall use all appropriate and
practical measures of detection and environmental monitoring,
and shall establish adequate procedures for reporting
violations and accumulating evidence.
(b) Upon receipt of evidence that a violation has occurred,
the Secretary shall cause the matter to be investigated. In any
investigation under this section the Secretary may issue
subpenas to require the attendance of any witness and the
production of documents and other evidence. In case of refusal
to obey a subpena issued to any person, the Secretary may
request the Attorney General to invoke the aid of the
appropriate district court of the United States to compel
compliance. Upon completion of the investigation, the Secretary
shall take the action required by the MARPOL Protocol or the
Antarctic Protocol and whatever further action he considers
appropriate under the circumstances. If the initial evidence
was provided by a party to the MARPOL Protocol or the Antarctic
Protocol, the Secretary, acting through the Secretary of State,
shall inform that party of the action taken or proposed.
(c)(1) This subsection applies to inspections relating to
possible violations of Annex I or Annex II to the Convention,
of Article 3 or Article 4 of Annex IV to the Antarctic
Protocol, or of this Act by any seagoing ship referred to in
section 3(a)(2) of this Act.
(2) While at a port or terminal subject to the jurisdiction
of the United States, a ship to which the MARPOL Protocol or
the Antarctic Protocol applies may be inspected by the
Secretary--
(A) to verify whether or not the ship has discharged
a harmful substance in violation of the MARPOL
Protocol, Annex IV to the Antarctic Protocol, or this
Act; or
(B) to comply with a request from a party to the
MARPOL Protocol or the Antarctic Protocol for an
investigation as to whether the ship may have
discharged a harmful substance anywhere in violation of
the MARPOL Protocol or Annex IV to the Antarctic
Protocol. An investigation may be undertaken under this
clause only when the requesting party has furnished
sufficient evidence to allow the Secretary reasonably
to believe that a discharge has occurred.
If an inspection under this subsection indicates that a
violation has occurred, the investigating officer shall forward
a report to the Secretary for appropriate action. The Secretary
shall undertake to notify the master of the ship concerned and,
acting in coordination with the Secretary of State, shall take
any additional action required by Article 6 of the Convention.
(d)(1) The Secretary may inspect a ship referred to in
section 3(a)(3) of this Act to verify whether the ship has
disposed of garbage in violation of Annex V to the Convention,
Article 5 of Annex IV to the Antarctic Protocol, or this Act.
* * * * * * *
(e)(1) The Secretary may inspect at any time a ship of
United States registry or nationality or operating under the
authority of the United States to which the MARPOL Protocol or
the Antarctic Protocol applies to verify whether the ship has
discharged a harmful substance or disposed of garbage in
violation of [that Protocol] those Protocols or this Act.
(2) If an inspection under this subsection indicates that a
violation of the MARPOL Protocol, of Annex IV to the Antarctic
Protocol, or of this Act has occurred the Secretary may
undertake enforcement action under section 9 of this Act.
* * * * * * *
Sec. 9. (a) A person who knowingly violates the MARPOL
Protocol, Annex IV to the Antarctic Protocol, This Act, or the
regulations issued thereunder commits a class D felony. In the
discretion of the Court, an amount equal to not more than \1/2\
of such fine may be paid to the person giving information
leading to conviction.
(b) A person who is found by the Secretary, after notice
and an opportunity for a hearing, to have--
(1) violated the MARPOL Protocol, Annex IV to the
Antarctic Protocol, this Act, or the regulations issued
thereunder shall be liable to the United States for a
civil penalty, not to exceed $25,000 for each
violation; or
(2) made a false, fictitious, or fraudulent statement
or representation in any matter in which a statement or
representation is required to be made to the Secretary
under the MARPOL Protocol, Annex IV to the Antarctic
Protocol, this Act, or the regulations thereunder,
shall be liable to the United States for a civil
penalty, not to exceed $5,000 for each statement or
representation.
Each day of a continuing violation shall constitute a separate
violation. The amount of the civil penalty shall be assessed by
the Secretary, or his designee, by written notice. In
determining the amount of the penalty, the Secretary shall take
into account the nature, circumstances, extent, and gravity of
the prohibited acts committed and, with respect to the
violator, the degree of culpability, any history of prior
offenses, ability to pay, and other matters as justice may
require. An amount equal to not more than \1/2\ of such
penalties may be paid by the Secretary to the person giving
information leading to the assessment of such penalties.
* * * * * * *
(d) A ship operated in violation of the MARPOL Protocol,
Annex IV to the Antarctic Protocol, this Act, or the
regulations thereunder is liable in rem for any fine imposed
under subsection (a) or civil penalty assessed pursuant to
subsection (b), and may be proceeded against in the United
States district court of any district in which the ship may be
found.
(e) If any ship subject to the MARPOL Protocol, Annex IV to
the Antarctic Protocol, or this Act, its owner, operator, or
person in charge is liable for a fine or civil penalty under
this section, or if reasonable cause exists to believe that the
ship, its owner, operator, or person in charge may be subject
to a fine or civil penalty under this section, the Secretary of
the Treasury, upon the request of the Secretary, shall refuse
or revoke the clearance required by section 4197 of the Revised
Statutes of the United States (46 U.S.C. App. 91). Clearance
may be granted upon the filing of a bond or other surety
satisfactory to the Secretary.
(f) Notwithstanding subsection (a), (b), or (d) of this
section, if the violation is by a ship registered in or of the
nationality of a country party to the MARPOL Protocol or the
Antarctic Protocol, or one operated under the authority of a
country party to the MARPOL Protocol or the Antarctic Protocol,
the Secretary, acting in coordination with the Secretary of
State, may refer the matter to the government of the country of
the ship's registry or nationality, or under whose authority
the ship is operating for appropriate action, rather than
taking the actions required or authorized by this section.
* * * * * * *
XII. Committee Recommendations
On April 24, 1996, a quorum being present, the Committee
favorably reported H.R. 3060, the Antarctic Environmental
Protection Act of 1996, by voice vote, and recommends its
enactment.
XIII. Proceedings of Full Committee Markup
FULL COMMITTEE MARKUP ON H.R. 3060--TO IMPLEMENT THE PROTOCOL ON
ENVIRONMENTAL PROTECTION TO THE ANTARCTIC TREATY
----------
WEDNESDAY, APRIL 24, 1996
U.S. House of Representatives,
Committee on Science,
Washington, DC.
The Committee met at 10:10 a.m. in Room 2318 of the Rayburn
House Office Building, the Honorable Robert S. Walker, Chairman
of the Committee, presiding.
The Chairman. As I'm sure you know, the Committee on
Science is meeting today to consider H.R. 3060, the Antarctic
Environmental Protection Act of 1996, and the Omnibus Civilian
Science Authorization Act of 1996.
I ask unanimous consent for authority to recess at any
point.
With that, we will now consider H.R. 3060, the Antarctic
Environmental Protection Act of 1996.
I ask unanimous consent that the bill be considered as read
and open for amendment at any point. Without objection.
[The text of the bill and a summary of its major provisions
follow:]
104th CONGRESS
2d Session
H. R. 3060
To implement the Protocol on Environmental Protection to the Antarctic
Treaty.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 12, 1996
Mr. Walker (for himself, Mr. Brown of California, Mrs. Morella, Mr.
Schiff, Mr. Rohrabacher, Mr. Cramer, Mr. Davis, Mr. Ehlers, Mr.
Boehlert, Mr. Weldon of Pennsylvania, Mrs. Seastrand, Mr. Hastings of
Florida, Ms. Lofgren, Mr. McHale, Ms. Eddie Bernice Johnson of Texas,
Mr. Minge, Mr. Olver, Ms. Rivers, Ms. Jackson-Lee of Texas, and Mr.
Baker of California) introduced the following bill; which was referred
to the Committee on Science, and in addition to the Committees on
International Relations and Resources, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To implement the Protocol on Environmental Protection to the Antarctic
Treaty.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Antarctic Environmental Protection
Act of 1996''.
TITLE I--AMENDMENTS TO THE ANTARCTIC CONSERVATION ACT OF 1978
SEC. 101. FINDINGS AND PURPOSE.
Section 2 of the Antarctic Conservation Act of 1978 (16 U.S.C.
2401) is amended to read as follows:
``SEC. 2. FINDINGS AND PURPOSE.
``(a) Findings.--The Congress finds that the Antarctic Treaty and
the Protocol on Environmental Protection to the Antarctic Treaty
establish a firm foundation for the comprehensive protection of the
Antarctic environment, the continuation of international cooperation,
and the freedom of scientific investigation in Antarctica.
``(b) Purpose.--The purpose of this Act is to provide legislative
authority to implement, with respect to the United States, the Protocol
on Environmental Protection to the Antarctic Treaty.''.
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 a 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;
``(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
Environmental Protection 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'';
(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 Environmental
Protection 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 Environmental Protection 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 Environmental
Protection 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--AMENDMENTS TO ANTARCTIC PROTECTION ACT OF 1990
SEC. 201. FINDING AND PURPOSE.
Section 2 of the Antarctic Protection Act of 1990 (16 U.S.C. 2461)
is amended to read as follows:
``SEC. 2. FINDING AND PURPOSE.
``(a) Finding.--The Congress finds that the Protocol on
Environmental Protection to the Antarctic Treaty prohibits indefinitely
Antarctic mineral resource activities.
``(b) Purpose.--The purpose of this Act is to provide legislative
authority to implement, with respect to the United States, Article 7 of
the Protocol on Environmental Protection to the Antarctic Treaty.''.
SEC. 202. PROHIBITION OF ANTARCTIC MINERAL RESOURCE ACTIVITIES.
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''.
SEC. 203. ADDITIONAL AMENDMENTS.
(a) Repeals.--Sections 5 and 7 of the Antarctic Protection Act of
1990 (16 U.S.C. 2464 and 2466) are repealed.
(b) Redesignation.--Section 6 of the Antarctic Protection Act of
1990 (16 U.S.C. 2465) is redesignated as section 5.
TITLE III--AMENDMENTS TO THE 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.
H.R. 3060, The Antarctic Environmental Protection Act of 1996
Summary of Major Provisions
The purpose of the bill is to implement the Protocol on Environmental
Protection to the Antarctic Treaty.
Title I. Amends the Antarctic Conservation Act (ACA) of 1978.
Sec. 103. Specifies prohibited actions associated with disposal of
pollutants, harming historic sites, control of tourism, interference
with enforcement officials, and violation of regulations and permits.
Specifies actions which are prohibited unless authorized by a permit,
including waste disposal, introduction of non-native species, entering
protected areas, disturbing native species, and transporting or
possessing native birds, mammals or plants. Some exceptions to these
prohibitions are allowed under emergency circumstances.
Sec. 104. Establishes the policy that obligations under the Protocol
for environmental impact assessments for federal agency activities are
to be satisfied by application of the National Environmental Policy
Act. Specifies that environmental impact assessments for Antarctic
joint activities (to be defined through regulations) carried out in
cooperation with one or more foreign governments shall not be conducted
by the United States, provided that the Secretary of State determines
that a major part of the joint activity is being contributed by another
nation, which is coordinating the environmental assessment and which
has acceded to the Protocol. The Administrator of EPA is required to
promulgate regulations to provide for the environmental impact
assessment of non-governmental activities, such as tourism.
Sec. 105. Amends the Permits section of the ACA to conform to the
terminology and requirements of the Protocol, including specifying the
need for a permit for killing or capturing native birds or mammals
associated with scientific activities or the construction and operation
of scientific support facilities.
Sec. 106. Specifies, with two exceptions noted subsequently, that NSF
shall issue all regulations to implement the Protocol and Act,
including Annex II (Conservation of Antarctic Fauna and Flora), Annex V
(Area Protection and Management), and Article 15 (Emergency Response
Action) with respect to land areas and ice shelves. Specifies that NSF
shall, with the concurrence of EPA, issue regulations to implement
Annex III (Waste Disposal and Waste Management) of the Protocol.
Specifies that the Coast Guard shall issue regulations to implement
Annex IV (Prevention of Marine Pollution) of the Protocol and, with the
concurrence of NSF, shall issue regulations to implement Article 15 of
the Protocol with respect to ships.
Title II. Amends the Antarctic Protection Act of 1990 to bring it into
conformity with the ban on mineral resource activities in Article 7 of
the Protocol.
Title III. Amends the Act to Prevent Pollution from Ships by inserting
such references to Annex IV of the Protocol as necessary to implement
the Protocol's provisions on prevention of marine pollution.
The Chairman. This first bill before us today has over 20
co-sponsors. And, I want to thank, in particular, the
Subcommittee Chairs, Connie Morella, Steve Schiff and Dana
Rohrabacher, and the Ranking Member, Mr. Brown, for their
support of this bill.
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, which resulted from a United States
initiative, represents an important addition to the uniquely
successful system of peaceful cooperation and scientific
research that has evolved under the Antarctic Treaty. The U.S.
Senate gave its advice and consent to ratification of the
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.
Implementation of the Protocol has been a priority of both
Republicans and Democrats since the Protocol was negotiated in
1991. The Protocol builds upon the Antarctic Treaty to improve
the Treaty's effectiveness for ensuring the protection of the
Antarctic environment.
The Protocol reaffirms the Treaty's use of Antarctica
exclusively for peaceful purposes and accords priority to
scientific research among the permitted activities. The
Protocol prohibits mineral resource activities, other than
scientific research in Antarctica.
Its annexes, which form an integral part of the Protocol,
set out specific rules on environmental impact assessment,
conservation of Antarctic fauna and flora, waste disposal and
management, the prevention of marine pollution and the area
protection and management.
Last week, the Committee held a hearing on this bill. The
State Department, the National Science Foundation and
interested environmental groups have played an important role
in supporting the legislation. Every witness before the
Committee strongly endorsed this bill exactly as written; and,
in particular, the World Wildlife Fund and members of the
Antarctic and Southern Ocean Coalition recommended its
expeditious passage.
I feel the markup of this bill is timely, in that the
representatives of the United States will be attending the 20th
annual Antarctic Treaty Consultative meeting later on this
month in the Netherlands. Our representatives will be able to
report that we are making legislative progress toward
implementing the Treaty and that it reflects America's
continued commitment to the protection of the Antarctic
environment.
In conclusion, I believe we have crafted a good bill. I
urge my colleagues to support the legislation.
[The opening statement of Chairman Walker follows:]
Opening Statement of Chairman Robert S. Walker on H.R. 3060, the
Antarctic Environmental Protection Act of 1996
The first bill before us today is H.R. 3060, the Antarctic
Environmental Protection Act of 1996.
With over twenty co-sponsors, I want to thank in particular the
Subcommittee Chairs, Connie Morella, Steve Schiff, and Dana
Rohrabacher, and the ranking Member, Mr. Brown, for their support of
this bill.
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, which resulted from a
United States initiative, represents an important addition to the
uniquely successful system of peaceful cooperation and scientific
research that has evolved under the Antarctic Treaty.
The U.S. Senate gave its advice and consent to ratification of the
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 twenty-six of the
Antarctic Treaty Consultative Parties implement it. So far, twenty of
the Consultative Parties have done so. The United States' ratification
will provide impetus for the remaining five to join, as well.
Implementation of the Protocol has been a priority of both
Republicans and Democrats since the Protocol was negotiated in 1991.
The Protocol builds upon the Antarctic Treaty to improve the treaty's
effectiveness for ensuring the protection of the Antarctic environment.
The Protocol reaffirms the Treaty's use of Antarctica exclusively for
peaceful purposes, and accords priority to scientific research among
the permitted activities.
The Protocol prohibits mineral resource activities, other than
scientific research, in Antarctica. Its Annexes, which form an integral
part of the Protocol, set out specific rules on environmental impact
assessment, conservation of Antarctic fauna and flora, waste disposal
and management, the prevention of marine pollution, and area protection
and management.
Last week, the Committee held a hearing on this bill. The State
Department, the National Science Foundation, and interested
environmental groups have played an important role in supporting this
bill. Every witness before the Committee strongly endorsed this bill
and, in particular, the World Wildlife Fund and members of the
Antarctic and Southern Ocean Coalition recommend its expeditious
passage.
I feel this mark-up is timely in that representatives of the United
States will be attending the twentieth annual Antarctic Treaty
Consultative Meeting later this month in the Netherlandss.
Our representatives will be able to report that we are making
legislative progress toward implementing the treaty, and that reflects
America's continued commitment to the protection of the Antarctic
environment.
In conclusion, we have crafted a good bill. I urge my colleagues to
support this legislation.
The Chairman. I would now recognize Mr. Brown for any
remarks he might wish to make.
Mr. Brown. Thank you, Mr. Chairman. I'm pleased to join
Chairman Walker in endorsing H.R. 3060, a bill to implement the
Environmental Protocol to the Antarctic Treaty.
And, I congratulate him for bringing the bill before the
Committee for its consideration today and for his excellent
summary of the provisions of the bill.
And, I ask unanimous consent to put the rest of my
excellent statement in the record at this point.
The Chairman. Without objection.
[The opening statement of Mr. Brown follows:]
Opening Statement of the Honorable George E. Brown, Jr. (D-CA), Ranking
Democratic Member, Committee on Science
I am pleased to join Chairman Walker in endorsing H.R. 3060, a bill
to implement the Environmental Protocol to the Antarctic Treaty, and I
congratulate him for bringing the bill before the Committee for its
consideration today.
This is an auspicious moment. As we learned from the Committee's
hearing last week, we have a bill with bipartisan congressional support
and endorsements from the Administration, the major environmental
advocacy groups, and the Antarctic research community. In fact, none of
the witnesses at the hearing offered a single suggestion for changes to
the bill.
All recognize the importance of protecting this unique world
resource, while allowing valuable research to go forward, and all
support H.R. 3060 as the vehicle to implement the Protocol for U.S.
activities in Antarctica.
Protection of the Antarctic environment is important both because
of Antarctica's intrinsic value as one of the last pristine regions of
the globe and because it has enormous value as a scientific laboratory.
Scientists from many nations conduct research there in a broad range of
areas in the physical and biological sciences. Antarctica is especially
important as a research platform for studies of world climate and
global environmental change. Environmental degradation could impair
much of this research.
The Protocol was developed with strong U.S. leadership and through
consultation with all of the major stakeholders to provide a set of
principles and procedures that will ensure that all nations institute
effective environmental safeguards. Final ratification will assert
continued U.S. leadership in Antarctic affairs and will help spur
action by the remaining nations which have not completed ratification.
I encourage my colleagues to vote to report the bill without
amendment, and I look forward to its passage by the House at the
earliest possible date. I will assist the Chairman in any way I can
toward achievement of that goal.
The Chairman. Are there any further statements on the bill?
Mrs. Morella.
Mrs. Morella. Thank you. Thank you, Mr. Chairman. I commend
you for your leadership in protecting the Antarctic
environment.
And, I am pleased to have joined you and Mr. Brown as an
original co-sponsor to ratify the Protocol on Environmental
Protection to the Antarctic Treaty.
We saw and listened at last week's hearing, and there was
total bipartisan support from all quarters on this very
important ratification of Congress. And, I have here before me
``Wildlife Conservation.'' It says, ``Antarctic, the last best
place on Earth.''
And, that's what this bill is going to do. It's going to
help to preserve it.
It has long been recognized as a unique scientific
laboratory of enormous value to the international community.
And, you and I have both had an opportunity to visit and
participate in studies in Antarctic and clearly this Committee
clearly understands the need to reinforce the status of
Antarctic as a natural reserve devoted to peace and science.
And, so I strongly support the bill. Thank you for bringing
it before us so quickly.
[The opening statement of Mrs. Morella follows:]
Opening Statement of Hon. Constance A. Morella
House Science Committee Markup on H.R. 3060, the Antarctic
Environmental Protection Act of 1996
Mr. Chairman, I commend you for your leadership in protecting the
Antarctic environment and I am very pleased to have joined you as an
original cosponsor of H.R. 3060, legislation to ratify the Protocol on
Environmental Protection to the Antarctic Treaty.
Last week's hearing on H.R. 3060 demonstrated strong support for
implementing the Protocol. Originally signed by the United States in
1981, the Protocol is not self-executing and is still awaiting
Congressional ratification.
Antarctica has long been recognized as a unique scientific
laboratory of enormous value to the international community. I have had
the opportunity to visit and participate in studies in Antarctica. I
clearly understand the need to reinforce the status of Antarctica as a
natural reserve devoted to peace and science.
By establishing important and necessary principles and rules for
the protection of the Antarctic environment from the effects of human
activities, we can preserve this fragile and still-developing glacier
ecosystem for generations to come.
I urge support for H.R. 3060.
The Chairman. Thank you, Mrs. Morella. Are there any other
statements on the bill?
Mr. Schiff. Mr. Chairman.
The Chairman. Mr. Schiff.
Mr. Schiff. As Chair of the Subcommittee with jurisdiction,
I want to thank you for your personal leadership in this
matter. I think this is a very good bill, a very important
bill.
I will support it. I yield back.
The Chairman. Thank you very much. Anybody else?
Ms. Johnson. I ask unanimous consent my statement be placed
in the record.
[No statement was received.]
The Chairman. Without objection. Are there any amendments
to the bill?
[No response.]
The Chairman. Hearing none, the question is on the bill,
H.R. 3060, the Antarctic Environmental Protection Act of 1996.
Those in favor will say aye.
[A chorus of ayes.]
The Chairman. Those opposed will say no.
[A chorus of nays.]
The Chairman. In the opinion of the Chair, the ayes have
it.
Mr. Brown.
Mr. Brown. Mr. Chairman, I move that the Committee report
the bill, H.R. 3060, the Antarctic Environmental Protection Act
of 1996, as amended. Furthermore, I move to instruct the staff
to prepare the legislative report to make technical and
conforming amendments and that the Chairman take all necessary
steps to bring the bill before the House for consideration.
In addition, I move that the members have three legislative
days to submit supplemental, Minority or additional views.
The Chairman. The Committee has heard the motion. Those in
favor will say aye.
[A chorus of ayes.]
The Chairman. Those opposed will say no.
[No response.]
The Chairman. The ayes have it. The motion is agreed to.
Without objection, the motion to reconsider is laid upon
the table. Mr. Ehlers.
Mr. Ehlers. Mr. Chairman, I move, pursuant to Clause 1,
Rule 20 of the Rules of the House of Representatives, that the
Committee authorize the Chairman to offer such motions as may
be necessary in the House to go to conference with the Senate
on the Omnibus Civilian Science--wrong bill.
The Chairman. Wrong bill. H.R. 3060.
Mr. Ehlers. On H.R. 3060, the Antarctic Environmental
Protection Act of 1996, or a similar Senate bill.
The Chairman. The Committee has heard the motion. Those in
favor will say aye.
[A chorus of ayes.]
The Chairman. Those opposed will say no.
[No response.]
The Chairman. The ayes have it. This concludes the markup
of H.R. 3060, the Antarctic Environmental Protection Act of
1996.
We will now suspend momentarily to allow the Reporter to
change to a new tape and to prepare a separate transcript for
the next measure that we take under consideration.
[Whereupon, the markup of H.R. 3060 was concluded at 10:16
a.m., Wednesday, April 24, 1996; followed by a markup of the
Omnibus Civilian Science Authorization Act of 1996, commencing
at 10:18 a.m., this same date.]