[Senate Report 104-332]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 513
104th Congress                                                   Report
                                 SENATE

 2d Session                                                     104-332
_______________________________________________________________________


 
       ANTARCTIC SCIENCE, TOURISM, AND CONSERVATION ACT OF 1996

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                    on

                                S. 1645



                                     
                 July 24, 1996.--Ordered to be printed


       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                      one hundred fourth congress
                             second session

  LARRY PRESSLER, South Dakota, 
             Chairman
ERNEST F. HOLLINGS, South Carolina   TED STEVENS, Alaska
DANIEL K. INOUYE, Hawaii             JOHN McCAIN, Arizona
WENDELL H. FORD, Kentucky            CONRAD BURNS, Montana
J. JAMES EXON, Nebraska              SLADE GORTON, Washington
JOHN D. ROCKEFELLER IV, West VirginiaTRENT LOTT, Mississippi
JOHN F. KERRY, Massachusetts         KAY BAILEY HUTCHISON, Texas
JOHN B. BREAUX, Louisiana            OLYMPIA J. SNOWE, Maine
RICHARD H. BRYAN, Nevada             JOHN ASHCROFT, Missouri
BYRON L. DORGAN, North Dakota        BILL FRIST, Tennessee
RON WYDEN, Oregon                    SPENCER ABRAHAM, Michigan
  Patric G. Link, Chief of Staff
Kevin G. Curtin, Democratic Chief 
    Counsel and Staff Director


                                                       Calendar No. 513
104th Congress                                                   Report
                                 SENATE

 2d Session                                                     104-332
_______________________________________________________________________


        ANTARCTIC SCIENCE, TOURISM, AND CONSERVATION ACT OF 1996

                                _______
                                

                 July 24, 1996.--Ordered to be printed

_______________________________________________________________________


      Mr. Pressler, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 1645]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1645) ``A Bill to regulate 
United States scientific and tourist activities in Antarctica, 
to conserve Antarctic resources, and for other purposes'', 
having considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                          Purpose of the Bill

  S. 1645, the Antarctic Science, Tourism, and Conservation Act 
of 1996 would provide for U.S. implementation of the Protocol 
on Environmental Protection to the Antarctic Treaty (Protocol).

                          Background and Needs

  Antarctica is a unique and critical part of the global 
environment. Located asymmetrically around the south 
geographical pole, the continent occupies an area of 5.1 
million square miles, about one-tenth of the Earth's land 
surface. Approximately 98 percent of the continent is covered 
by ice, averaging over a mile in thickness, and containing an 
estimated 90 percent of the world's fresh water. Antarctica and 
the oceans around it are home to diverse species of animals and 
plants, such as whales, seals, krill, and penguins. In addition 
to extensive exploration and scientific research activities, 
over 35,000 tourists have visited Antarctica since 1990.
  From a scientific viewpoint, the Antarctic is important 
because its ice mass provides a record of the Earth's past 
environmental conditions, the atmosphere above it supports 
intense Sun-Earth interactions, and its pristine environment 
serves as an early warning system for worldwide climate and 
atmospheric changes. To date, development of Antarctic 
resources has been limited largely to living marine resources. 
However, significant mineral deposits may lie beneath 
Antarctica's ice and snow (on both the continent and the 
surrounding continental shelf), leading several nations to 
stake a claim to any potential benefits.
  The Antarctic Treaty of 1959 (Treaty) established the legal 
framework for activities in Antarctica, treating the continent 
as an international scientific reserve and guaranteeing free 
access and research rights for the international community. The 
Treaty was originally negotiated by 12 nations to deal with the 
problem of overlapping and often contentious claims to portions 
of the continent. The Treaty does not reconcile these 
conflicting territorial claims, but rather sets them in 
abeyance while the Treaty is in force. Currently, 26 nations 
have established a research presence in Antarctica and 
participate in decision-making under the Treaty as consultative 
parties. Sixteen other countries are non-voting members.
  U.S. Activities in Antarctica. U.S. Antarctic activities are 
focused primarily on scientific research. The two principal 
U.S. agencies involved in Antarctic research are the National 
Science Foundation (NSF) and the National Oceanic and 
Atmospheric Administration (NOAA). Other departments actively 
involved in Antarctica are the Department of Defense, which 
provides logistic support to NSF, and the U.S. Coast Guard, 
which provides ice-breaking services.
  Since 1970, NSF has exercised overall funding and management 
responsibility for U.S. activities in the Antarctic. During the 
1995-1996 austral summer field season, approximately 650 
scientists and specialists conducted 136 research projects in 
Antarctica. NSF maintains three permanent research bases: 
McMurdo Station on the Ross Sea; Palmer Station on the 
Antarctic Peninsula; and the Amundsen-Scott South Pole Station. 
These bases support about 1,200 personnel during the Antarctic 
summer and about 300 personnel during the winter. In addition, 
NSF supports research at several small temporary camps.
  The NSF budget for polar programs (including both Antarctic 
and Arctic activities) is $217 million for fiscal year (FY) 
1996; $226 million has been requested for FY 1997. Of the total 
FY 1996 appropriations, approximately $179 million will be used 
for the Antarctic research program. This total includes $28 
million to be awarded to institutions in research grants and 
$63 million to reimburse the Department of Defense for 
logistical support activities. The remaining amount, 
approximately $90 million, is used by NSF for operations, 
logistics, and science support. For FY 1997, NSF expects to use 
about $185 million of the polar program request for its 
Antarctic program budget.
  As part of its global climate monitoring program, NOAA 
maintains an atmospheric monitoring station at the South Pole, 
as well as ground-based instruments that contribute to 
Antarctic ozone hole research. NOAA also has federal 
responsibility for carrying out U.S. obligations under the two 
Antarctic conventions dealing with conservation of living 
marine resources. In addition, NOAA is responsible for 
enforcement, with respect to U.S. citizens, of the ban on non-
scientific Antarctic mineral resource activities. In FY 1996, 
NOAA spent $3.2 million on its Antarctic research activities 
and has requested the same amount for FY 1997. Operational and 
logistical support for NOAA activities are provided by NSF.
  Large-scale commercial tourism is relatively new to 
Antarctica, but since the 1991 season, the number of tourists 
visiting the Antarctic has outnumbered the personnel involved 
in national scientific efforts. Some tourism is conducted by 
air, but most tourists arrive by ship. During the 1995-1996 
season, 9,212 tourists visited Antarctica by ship. During the 
1996-1997 season, 100 voyages are expected to be made by 9 U.S. 
tour companies operating 13 vessels and carrying over 6,500 
passengers. While tour vessels initially visited only the 
Antarctic Peninsula, these ships are now visiting more remote 
areas and, as a result, the potential for serious environmental 
damage has increased. Most passengers are from the United 
States and other nations that are parties to the Treaty. 
However, all of the vessels are registered by foreign nations, 
most of which are not parties to the Treaty.
  Currently, the primary law governing the environmental 
regulation of U.S. Antarctic activities is the Antarctic 
Conservation Act of 1978. In brief, this Act authorizes the NSF 
Director to prescribe regulations and to designate protected 
areas. In addition, the statute prohibits the following 
activities without a permit: (1) taking of animals and plants; 
(2) introduction of non-native species; (3) entry into 
specially protected areas; and (4) discharge of any pollutant 
within Antarctica. The required regulations for the 
conservation of Antarctic animals and plants were published by 
NSF in 1979. NSF published regulations for environmental 
assessment procedures in 1992 and, after a 14-year delay, for 
waste disposal in 1993.
  The Protocol on Environmental Protection. As human activity 
levels have increased, concern has grown regarding the effect 
of such activity on the fragile Antarctic environment and the 
potential for development of Antarctic petroleum and other 
mineral resources. In 1990, the U.S. Congress reacted by 
passing the Antarctic Protection Act, which prohibited U.S. 
citizens from engaging in Antarctic mineral resource activities 
and called for the negotiation of a new environmental 
protection agreement. Responding to the concerns of the United 
States and other nations, the Protocol was negotiated and 
signed in October 1991.
  The Protocol contains 27 articles, five annexes, and a 13-
article ``Schedule to the Protocol'' on arbitration. The 
Protocol builds on the Antarctic Treaty by extending and 
strengthening Antarctic environmental protection. It designates 
Antarctica as a natural reserve devoted to peace and science, 
bans non-scientific Antarctic mineral activities for a minimum 
of 50 years, and requires that activities must be planned so as 
to limit adverse impacts on the environment. The Protocol also 
requires that environmental impact assessments be prepared for 
proposed activities that are likely to have more than a minor 
or transitory impact.
  The Protocol will enter into force when it has been ratified 
by all 26 consultative parties. To date, 22 nations have done 
so. On October 7, 1992, the Senate passed a resolution in 
support of ratification. However, the Protocol is not self-
executing and enactment of domestic implementing legislation is 
necessary before the ratification process can be completed. 
U.S. ratification also would provide impetus for the three 
remaining nations (Finland, Russia, and Japan) to complete the 
process.

                          Legislative History

  In the 102nd and 103rd Congresses, several bills were 
introduced in both the Senate and the House of Representatives 
to provide for U.S. implementation of the Protocol. On October 
20, 1993, the Commerce Committee held a hearing on the U.S. 
Antarctic program and implementation of the Protocol. However, 
differences among the bills could not be resolved during those 
Congresses, and no implementing legislation was enacted.
  S. 1645 was introduced on March 26, 1996, by Senator Kerry 
and is cosponsored by Senators Hollings and Snowe. The bill 
reflects a consensus among involved interests, including the 
Administration, scientific community, and environmental groups. 
On March 12, 1996, Congressman Walker introduced H.R. 3060, a 
bipartisan House companion bill. On June 6, 1996, in open 
executive session, the Committee, without objection, ordered 
the bill reported. During the executive session, Senator 
Stevens expressed an interest in adding an amendment to improve 
Arctic research programs during floor consideration of the 
bill.

                      Summary of Major Provisions

  S. 1645 amends the Antarctic Conservation Act of 1978 to make 
the existing law governing U.S. research activities in 
Antarctica consistent with the requirements of the Protocol. As 
under current law, NSF would remain the lead agency in managing 
the Antarctic science program, and in issuing regulations and 
research permits. In addition, the bill would amend the 
Antarctic Conservation Act of 1978 to: (1) use established 
procedures under the National Environmental Policy Act to meet 
the Protocol mandate for comprehensive assessment and 
monitoring of the effects of both governmental and 
nongovernmental activities on the fragile Antarctic ecosystem; 
(2) prohibit introduction of prohibited products and open 
burning or disposal of any waste onto ice-free land areas or 
into fresh water systems in Antarctica; and (3) require a 
permit for any incineration, waste disposal, entry in special 
areas, and takings or harmful interference. S. 1645 also amends 
the Antarctic Protection Act to continue indefinitely a ban on 
Antarctic mineral resource activities. Finally, the bill amends 
the Act to Prevent Pollution from Ships to implement provisions 
of the Protocol relating to protection of marine resources.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and Section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 14, 1996.
Hon. Larry Pressler,
Chairman, Committee on Commerce, Science, and Transportation, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed S. 1645, the Antarctic Science, Tourism, and 
Conservation Act of 1996, as ordered reported by the Senate 
Committee on Commerce, Science, and Transportation on June 6, 
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. 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.
    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 to implement the Protocol 
on Environmental Protection to the Antarctic Treaty.
    Bill Purpose. S. 1645 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. S. 1645 
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.
    Previous CBO Estimate. On May 9, 1996, CBO prepared a cost 
estimate for H.R. 3060, the Antarctic Environmental Protection 
Act of 1996, as ordered reported by the House Committee on 
Science on April 24, 1996. The estimated budgetary impact of 
the two bills is the same because they are nearly identical.
    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, and, for governmental receipts, Stephanie Weiner.
            Sincerely,
                                         June E. O'Neill, Director.

                      Regulatory Impact Statement

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported.
    Currently, under authority of the Antarctic Conservation 
Act, NSF and the Department of State are assigned regulatory 
authority over U.S. activities in Antarctica, including waste 
disposal, the taking of plants and animals, entry into 
specially protected areas, Federal environmental assessment 
procedures, and advance notification of travel to Antarctica. 
Under the reported bill, most of those regulatory requirements 
would continue. In addition, S. 1645 would broaden existing 
regulatory requirements or establish new requirements for: (1) 
waste disposal; (2) contingency planning and emergency 
response; (3) Antarctic mineral resource activities; and (4) 
environmental assessment of nongovernmental activities. 
Regulations dealing with waste disposal and emergency response 
planning would apply primarily to Federal activities, and 
should have a relatively small impact on persons outside the 
Government. Regulations addressing mineral resource activities 
also would have only a negligible impact, since these 
activities already are prohibited for the most part. 
Environmental assessment requirements for nongovernmental 
activities may create some additional economic costs and 
paperwork for tourism operations in Antarctica. However, the 
additional cost and paperwork are not expected to be 
substantial, and are necessary for the United States to meet 
its international treaty obligations. Finally, the required 
regulations should have no effect on the personal privacy of 
persons traveling to or operating in the Antarctic.

                      Section-by-Section Analysis

Section 1.--Short title

    This section cites the short title of the reported bill as 
the ``Antarctic Science, Tourism, and Conservation Act of 
1996''.

     TITLE I--AMENDMENTS TO THE ANTARCTIC CONSERVATION ACT OF 1978

Section 101.--Findings and purpose

    Section 101(a) would amend section 2(a) of the Antarctic 
Conservation Act of 1978 that provides Congressional findings. 
This subsection would make technical changes to the existing 
findings to conform with implementation of the Protocol and add 
four new findings. The new findings recognize that scientific 
research and tourism are the principal activities of U.S. 
nationals in Antarctica, and that NSF will continue to be the 
lead civilian agency in Antarctica. By establishing 
international mechanisms and creating legal obligations 
necessary for the maintenance of Antarctica as a natural 
reserve devoted to peace and science, the Antarctic Treaty and 
the Protocol will protect the Antarctic environment and ensure 
the continuation of important international scientific research 
and cooperation, as well as the pursuit of peaceful activities, 
including tourism.
    Section 101(b) would make technical and conforming changes 
to section 2(b) of the Antarctic Conservation Act of 1978, to 
make the purpose reflect implementation of the Protocol.

Section 102.--Definitions

    Section 102 would amend section 3 of the Antarctic 
Conservation Act of 1978 to replace the definitions in the 
current law. A number of the definitions are not changed, 
including ``Antarctica'', ``Director'' and ``Treaty''. Other 
definitions such as ``Antarctic Specially Protected Area'', 
``native bird'', ``native mammal'', ``native plant'', 
``Specially Protected Species'', and ``take'' have been 
modified to conform to the provisions of the Protocol. In 
addition, several new definitions have been taken from the 
Protocol, including the terms: ``harmful interference'' and 
``native invertebrate'' as defined in Annex II to the Protocol; 
``prohibited product'' and ``prohibited waste'' as required 
under Annex III to the Protocol; and ``historic site or 
monument'' as identified under Annex V to the Protocol. 
Finally, this section would define a number of terms such as 
``Administrator'', ``impact'', ``import'', ``non-native 
species'', ``person'', ``Protocol'', ``Secretary'', and 
``vessel subject to the jurisdiction of the United States''.

Section 103.--Prohibited acts

    This section would amend section 4 of the Antarctic 
Conservation Act of 1978 to replace the current prohibitions on 
actions by U.S. citizens with respect to Antarctica. This 
revised section 4 would specify prohibited actions associated 
with: introduction and disposal of prohibited products and 
wastes; tourist expeditions to Antarctica; the damage of 
historic sites; interference with enforcement officials; and 
violation of regulations and permits. Section 4, as amended by 
this section of the reported bill, also would specify actions 
which would be prohibited unless authorized by a permit, 
including disposing of waste, introducing non native species, 
entering protected areas, disturbing native species, and 
transporting or possessing native birds, mammals or plants. 
Exceptions to these prohibitions would be allowed under 
emergency circumstances.

Section 104.--Environmental impact assessment

    This section would amend the Antarctic Conservation Act of 
1978 to add a new section 4A establishing procedures for 
environmental impact assessments. This new section 4A specifies 
that obligations under the Protocol for assessing the 
environmental impact of Federal agency activities would be 
satisfied by application of the National Environmental Policy 
Act of 1969. However, Antarctic joint activities (to be defined 
through regulations) that are carried out in cooperation with 
one or more foreign governments would be exempted from conduct 
of a U.S. environmental assessment, provided that the Secretary 
of State determines that the major part of the joint activity 
is being contributed by nations other than the United States, 
and that another party nation to the Protocol is coordinating 
the implementation of environmental impact assessment 
procedures. The Secretary of State would be required to publish 
a notice in the Federal Register whenever a determination is 
made that a nation other than the United States is responsible 
for coordinating the environmental assessment of a joint 
activity, or whenever a draft comprehensive environmental 
evaluation is received. Finally, the new section would require 
the Administrator of the Environmental Protection 
Administration (Administrator) to promulgate regulations within 
two years for the assessment of the environmental impacts of 
non-governmental activities, such as tourism.

Section 105.--Permits

    Section 105 would make a number of changes to section 5 of 
the Antarctic Conservation Act of 1978 with respect to 
permitting requirements for Antarctic activities. The changes 
would conform the existing section to the terminology and 
requirements of the Protocol. This section also would authorize 
issuance of a permit for the taking of, or harmful interference 
with, native birds or mammals as a result of unavoidable 
consequences associated with scientific activities or the 
construction and operation of scientific support facilities.

Section 106.--Regulations

    This section would replace the existing provisions of 
section 6 of the Antarctic Conservation Act of 1978 addressing 
regulations. Under the revised section and with two exceptions, 
NSF would 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. One exception is the requirement for concurrence 
by the Administrator in NSF's issuance of regulations to 
implement waste disposal and waste management requirements of 
the Protocol under Annex III. The second exception is that the 
Coast Guard would be mandated to issue regulations for 
implementation of marine pollution prevention requirements 
under Annex IV of the Protocol, and for emergency response 
action with respect to ships.

Section 107.--Saving provisions

    This section would amend section 14 of the Antarctic 
Conservation Act of 1978 to ensure that all existing 
regulations promulgated before the date of enactment of this 
bill remain in effect until superseding regulations are 
promulgated. Similarly, existing permits would remain in effect 
until their expiration date.

             TITLE II--CONFORMING AMENDMENTS TO OTHER LAWS

Section 201.--Amendments to act to prevent pollution from ships

    This section would make a number of technical and 
conforming amendments to the Act to Prevent Pollution from 
Ships to implement the Protocol's provisions on prevention of 
marine pollution. The section would broaden the existing Act to 
include Antarctica by adding definitions of ``Antarctica'' and 
``Antarctic Protocol'' and by incorporating references to Annex 
IV of the Protocol as necessary throughout the existing 
statute.

Section 202.--Prohibition of certain Antarctic resource activities

    This section would amend section 4 of the Antarctic 
Protection Act of 1990 to extend indefinitely the ban on 
Antarctic mineral resource activities, other than for 
scientific purposes, called for in Article 7 of the Protocol. 
This section of the reported bill also would repeal outdated 
and unnecessary provisions of the Antarctic Protection Act 
which call for negotiation of an Antarctic environmental 
protection agreement and authorize appropriations for such 
negotiations.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, 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 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

                         TITLE 16. CONSERVATION

                   CHAPTER 44. ANTARCTIC CONSERVATION

Sec. 2401. Congressional findings and declaration of purpose

    (a) Findings.--The Congress finds that--
          (1) for well over a quarter of a century, scientific 
        investigation has been the principal activity of the 
        Federal Government and United States nationals in 
        Antarctica;
          (2) more recently, interest of American tourists in 
        Antarctica has increased;
          (3) as the lead civilian agency in Antarctica, the 
        National Science Foundation has long had responsibility 
        for ensuring that United States scientific activities 
        and tourism, and their supporting logistics operations, 
        are conducted with an eye to preserving the unique 
        values of the Antarctic region;
          [(1)] (4) 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] the Protocol establish a firm foundation 
        for the conservation of Antarctic resources, 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.
          (5) the Antarctic Treaty and the Protocol establish 
        international mechanisms and create legal obligations 
        necessary for the maintenance of Antarctica as a 
        natural reserve devoted to peace and science.
  (b) Purpose.--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] Treaty and the Protocol.

[Sec.  2402. 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) 
        [16 U.S.C. 2405(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) [16 U.S.C. 2405(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) [16 U.S.C. 2405(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) [16 U.S.C. 2405(b)(6)].
          [(10) The term ``site of special scientific 
        interest'' means any area designated as such by the 
        Director under section 6(b)(3) [16 U.S.C. 2405(b)(3)].
          [(11) The term ``specially protected area'' means any 
        area designated as such by the Director under section 
        6(b)(4) [16 U.S.C. 2405(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) [16 
        U.S.C. 2405(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.  2402. Definitions

    For purposes of this Act--
          (1) the term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency;
          (2) the term ``Antarctica'' means the area south of 
        60 degrees south latitude;
          (3) the term ``Antarctic Specially Protected Area'' 
        means an area identified as such pursuant to Annex V to 
        the Protocol;
          (4) the term ``Director'' means the Director of the 
        National Science Foundation;
          (5) the term ``harmful interference'' means--
                  (A) flying or landing helicopters or other 
                aircraft in a manner that disturbs 
                concentrations of birds or seals;
                  (B) using vehicles or vessels, including 
                hovercraft and small boats, in a manner that 
                disturbs concentrations of birds or seals;
                  (C) using explosives or firearms in a manner 
                that disturbs concentrations of birds or seals;
                  (D) willfully disturbing breeding or molting 
                birds or concentrations of birds or seals by 
                persons on foot;
                  (E) significantly damaging concentrations of 
                native terrestrial plants by landing aircraft, 
                driving vehicles, or walking on them, or by 
                other means; and
                  (F) any activity that results in the 
                significant adverse modification of habitats of 
                any species or population of native mammal, 
                native bird, native plant, or native 
                invertebrate;
          (6) the term ``historic site or monument'' means any 
        site or monument listed as an historic site or monument 
        pursuant to Annex V to the Protocol;
          (7) the term ``impact'' means impact on the Antarctic 
        environment and dependent and associated ecosystems;
          (8) the term ``import'' means to land on, bring into, 
        or introduce into, or attempt to land on, bring into or 
        introduce into, any place subject to the jurisdiction 
        of the United States, including the 12-mile territorial 
        sea of the United States, whether or not such act 
        constitutes an importation within the meaning of the 
        customs laws of the United States;
          (9) the term ``native bird'' means any member, at any 
        stage of its life cycle (including eggs), of any 
        species of the class Aves which is indigenous to 
        Antarctica or occurs there seasonally through natural 
        migrations, and includes any part of such member;
          (10) the term ``native invertebrate'' means any 
        terrestrial or freshwater invertebrate, at any stage of 
        its life cycle, which is indigenous to Antarctica, and 
        includes any part of such invertebrate;
          (11) the term ``native mammal'' means any member, at 
        any stage of its life cycle, of any species of the 
        class Mammalia, which is indigenous to Antarctica or 
        occurs there seasonally through natural migrations, and 
        includes any part of such member;
          (12) the term ``native plant'' means any terrestrial 
        or freshwater vegetation, including bryophytes, 
        lichens, fungi, and algae, at any stage of its life 
        cycle (including seeds and other propagules), which is 
        indigenous to Antarctica, and includes any part of such 
        vegetation;
          (13) the term ``non-native species'' means any 
        species of animal or plant which is not indigenous to 
        Antarctica and does not occur there seasonally through 
        natural migrations;
          (14) the term ``person'' has the meaning given that 
        term in section 1 of title 1, United States Code, and 
        includes any person subject to the jurisdiction of the 
        United States and any department, agency, or other 
        instrumentality of the Federal Government or of any 
        State or local government;
          (15) the term ``prohibited product'' means any 
        substance banned from introduction onto land or ice 
        shelves or into water in Antarctica pursuant to Annex 
        III to the Protocol;
          (16) the term ``prohibited waste'' means any 
        substance which must be removed from Antarctica 
        pursuant to Annex III to the Protocol, but does not 
        include materials used for balloon envelopes required 
        for scientific research and weather forecasting;
          (17) the term ``Protocol'' means the Protocol on 
        Environmental Protection to the Antarctic Treaty, 
        signed October 4, 1991, in Madrid, and all annexes 
        thereto, including any future amendments thereto to 
        which the United States is a party;
          (18) the term ``Secretary'' means the Secretary of 
        Commerce;
          (19) the term ``Specially Protected Species'' means 
        any native species designated as a Specially Protected 
        Species pursuant to Annex II to the Protocol;
          (20) the term ``take'' means to kill, injure, 
        capture, handle, or molest a native mammal or bird, or 
        to remove or damage such quantities of native plants 
        that their local distribution or abundance would be 
        significantly affected;
          (21) the term ``Treaty'' means the Antarctic Treaty 
        signed in Washington, D.C., 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. 2403. 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 [16 U.S.C. 2404]--
                  [(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 [16 U.S.C. 
        2404]--
                  [(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 [16 U.S.C. 2404].
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. 2403. 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. 2403a. Environmental impact assessment

    (a) Federal Activities.--(1)(A) The obligations of the 
United States under Article 8 of and Annex I to the Protocol 
shall be implemented by applying the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) to proposals for 
Federal agency activities in Antarctica, as specified in this 
section.
    (B) The obligations contained in section 102(2)(C) of the 
National Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)) shall apply to all proposals for Federal agency 
activities occurring in Antarctica and affecting the quality of 
the human environment in Antarctica or dependent or associated 
ecosystems, only as specified in this section. For purposes of 
the application of such section 102(2)(C) under this 
subsection, the term ``significantly affecting the quality of 
the human environment'' shall have the same meaning as the term 
``more than a minor or transitory impact''.
    (2)(A) Unless an agency which proposes to conduct a Federal 
activity in Antarctica determines that the activity will have 
less than a minor or transitory impact, or unless a 
comprehensive environmental evaluation is being prepared in 
accordance with subparagraph (C), the agency shall prepare an 
initial environmental evaluation in accordance with Article 2 
of Annex I to the Protocol.
    (B) If the agency determines, through the preparation of 
the initial environmental evaluation, that the proposed Federal 
activity is likely to have no more than a minor or transitory 
impact, the activity may proceed if appropriate procedures are 
put in place to assess and verify the impact of the activity.
    (C) If the agency determines, through the preparation of 
the initial environmental evaluation or otherwise, that a 
proposed Federal activity is likely to have more than a minor 
or transitory impact, the agency shall prepare and circulate a 
comprehensive environmental evaluation in accordance with 
Article 3 of Annex I to the Protocol, and shall make such 
comprehensive environmental evaluation publicly available for 
comment.
    (3) Any agency decision under this section on whether a 
proposed Federal activity, to which paragraph (2)(C) applies, 
should proceed, and, if so, whether in its original or in a 
modified form, shall be based on the comprehensive 
environmental evaluation as well as other considerations which 
the agency, in the exercise of its discretion, considers 
relevant.
    (4) For the purposes of this section, the term ``Federal 
activity'' includes all activities conducted under a Federal 
agency research program in Antarctica, whether or not conducted 
by a Federal agency.
    (b) Federal Activities Carried Out Jointly With Foreign 
Governments.--(1) For the purposes of this subsection, the term 
``Antarctic joint activity'' means any Federal activity in 
Antarctica which is proposed to be conducted, or which is 
conducted, jointly or in cooperation with one or more foreign 
governments. Such term shall be defined in regulations 
promulgated by such agencies as the President may designate.
    (2) Where the Secretary of State, in cooperation with the 
lead United States agency planning an Antarctic joint activity, 
determines that--
          (A) the major part of the joint activity is being 
        contributed by a government or governments other than 
        the United States;
          (B) one such government is coordinating the 
        implementation of environmental impact assessment 
        procedures for that activity; and
          (C) such government has signed, ratified, or acceded 
        to the Protocol,
the requirements of subsection (a) of this section shall not 
apply with respect to that activity.
    (3) In all cases of Antarctic joint activity other than 
those described in paragraph (2), the requirements of 
subsection (a) of this section shall apply with respect to that 
activity, except as provided in paragraph (4).
    (4) Determinations described in paragraph (2), and agency 
actions and decisions in connection with assessments of impacts 
of Antarctic joint activities, shall not be subject to judicial 
review.
    (c) Nongovernmental Activities.--(1) The Administrator 
shall, within 2 years after the date of the enactment of the 
Antarctic Science, Tourism, and Conservation Act of 1996, 
promulgate regulations to provide for--
          (A) the environmental impact assessment of 
        nongovernmental activities, including tourism, for 
        which the United States is required to give advance 
        notice under paragraph 5 of Article VII of the Treaty; 
        and
          (B) coordination of the review of information 
        regarding environmental impact assessment received from 
        other Parties under the Protocol.
    (2) Such regulations shall be consistent with Annex I to 
the Protocol.
    (d) Decision To Proceed.--(1) No decision shall be taken to 
proceed with an activity for which a comprehensive 
environmental evaluation is prepared under this section unless 
there has been an opportunity for consideration of the draft 
comprehensive environmental evaluation at an Antarctic Treaty 
Consultative Meeting, except that no decision to proceed with a 
proposed activity shall be delayed through the operation of 
this paragraph for more than 15 months from the date of 
circulation of the draft comprehensive environmental evaluation 
pursuant to Article 3(3) of Annex I to the Protocol.
  (2) The Secretary of State shall circulate the final 
comprehensive environmental evaluation, in accordance with 
Article 3(6) of Annex I to the Protocol, at least 60 days 
before the commencement of the activity in Antarctica.
  (e) Cases of Emergency.--The requirements of this section, 
and of regulations promulgated under this section, shall not 
apply in cases of emergency relating to the safety of human 
life or of ships, aircraft, or equipment and facilities of high 
value, or the protection of the environment, which require an 
activity to be undertaken without fulfilling those 
requirements.
  (f) Exclusive Mechanism.--Notwithstanding any other provision 
of law, the requirements of this section shall constitute the 
sole and exclusive statutory obligations of the Federal 
agencies with regard to assessing the environmental impacts of 
proposed Federal activities occurring in Antarctica.
  (g) Decisions on Permit Applications.--The provisions of this 
section requiring environmental impact assessments (including 
initial environmental evaluations and comprehensive 
environmental evaluations) shall not apply to Federal actions 
with respect to issuing permits under section 5.
  (h) Publication of Notices.--Whenever the Secretary of State 
makes a determination under paragraph (2) of subsection (b) of 
this section, or receives a draft comprehensive environmental 
evaluation in accordance with Annex I, Article 3(3) to the 
Protocol, the Secretary of State shall cause timely notice 
thereof to be published in the Federal Register.

Sec. 2404. Permits

  (a) In General.--The Director may issue permits which 
authorize acts otherwise prohibited by [section 4(a)] section 
4(b).
  (b) Applications for Permits.--
          (1) Applications for permits under this section shall 
        be made in such manner and form, and shall contain such 
        information, as the Director shall by regulation 
        prescribe.
          (2) The Director shall publish notice in the Federal 
        Register of each application which is made for a permit 
        under this section. The notice shall invite the 
        submission by interested parties, within 30 days after 
        the date of publication of the notice, of written data, 
        comments, or views with respect to the application. 
        Information received by the Director as a part of any 
        application shall be available to the public as a mater 
        of public record.
  (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)) [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
                  (C) any native bird which is protected under 
                the Migratory Bird Treaty Act (16 U.S.C. 701 et 
                seq.);
        the Director shall submit a copy of the application to 
        the Secretary of Commerce or to the Secretary of the 
        Interior, as appropriate (hereinafter in this 
        subsection referred to respectively as the 
        ``appropriate Secretary'').
          (2) After receiving a copy of any application from 
        the Director under paragraph (1) the appropriate 
        Secretary shall promptly determine, and notify the 
        Director, whether or not any action proposed in the 
        application also requires a permit or other 
        authorization under any law administered by the 
        appropriate Secretary.
          (3) If the appropriate Secretary notifies the 
        Director that any action proposed in the application 
        requires a permit or other authorization under any law 
        administered by the appropriate Secretary, the Director 
        may not issue a permit under this section with respect 
        to such action unless such other required permit or 
        authorization is issued by the appropriate Secretary 
        and a copy thereof is submitted to the Director. The 
        issuance of any permit or other authorization by the 
        appropriate Secretary for the carrying out of any 
        action with respect to any native mammal, native bird, 
        or native plant shall not be deemed to entitle the 
        applicant concerned to the issuance by the Director of 
        a permit under this section.
  (d) Issuance of Permits.--As soon as practicable after 
receiving any application for a permit under this section, or, 
in the case of any application to which subsection (c) applies, 
as soon as practicable after the applicable requirements of 
such subsection are complied with, the Director shall issue, or 
deny the issuance of, the permit. Within 10 days after the date 
of the issuance or denial of a permit under this subsection, 
the Director shall publish notice of the issuance or denial in 
the Federal Register.
  (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]
                          (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;
                          (iii) if any such plant is authorized 
                        to be collected, the location and 
                        manner in which it must be collected;
                  (B) the period during which the permit is 
                valid; and
                  (C) such other terms and conditions as the 
                Director deems necessary and appropriate to 
                ensure that any act authorized under the permit 
                is carried out in a manner consistent with the 
                purpose of this Act, the criteria set forth in 
                paragraph (2), if applicable, and the 
                regulations prescribed under this Act.
          (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)] or harmful interference within 
                Antarctica 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, or
                                  (II) specimens for museums, 
                                zoological gardens, or other 
                                educational or cultural 
                                institutions or [uses; and] 
                                uses, or
                                  (III) for unavoidable 
                                consequences of scientific 
                                activities or the construction 
                                and operation of scientific 
                                support facilities; and
                          (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] with Antarctic 
                                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) [16 U.S.C. 2405(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.
  [(f)](e) Judicial review.--Any applicant for a permit may 
obtain judicial review of the terms and conditions of any 
permit issued by the Director under this section or of the 
refusal of the Director to issue such a permit. Such review, 
which shall be pursuant to chapter 7 of title 5, United States 
Code [5 U.S.C. 701 et seq.], may be initiated by filing a 
petition for review in the United States district court for the 
district wherein the applicant for a permit resides, or has his 
principal place of business, or in the United States District 
Court for the District of Columbia, within 60 days after the 
date on which such permit is issued or denied.
  [(g)](f) Modification, Suspension, and Revocation.--
          (1) The Director may modify, suspend, or revoke, in 
        whole or part, any permit issued under this section--
                  (A) in order to make the permit consistent 
                with any change made after the date of issuance 
                of the permit, to any regulation prescribed 
                under section 6;
                  (B) if there is any change in conditions 
                which makes the permit inconsistent with the 
                purpose of this Act; or
                  (C) in any case in which there has been any 
                violation of any term or condition of the 
                permit, any regulation prescribed under this 
                Act, or any provision of this Act.
          (2) Whenever the Director proposes any modification, 
        suspension, or revocation of a permit under this 
        subsection, the permittee shall be afforded 
        opportunity, after due notice, for a hearing by the 
        Director with respect to such proposed modification, 
        suspension, or revocation. If a hearing is requested, 
        the action proposed by the Director shall not take 
        effect before a decision is issued by him after the 
        hearing, unless the proposed action is taken by the 
        Director to meet an emergency situation. Any action 
        taken by the Director after such a hearing is subject 
        to judicial review on the same basis as is provided for 
        with respect to permit applications under subsection 
        (e).
          (3) Notice of the modification, suspension, or 
        revocation of any permit by the Director shall be 
        published in the Federal Register within 10 days from 
        the date of the Director's decision.
  [(h)](g) Permit Fees.--The Director may establish and charge 
fees for processing applications for permits under this 
section. The amount of such fees shall be commensurate with the 
administrative costs incurred by the Director in undertaking 
such processing.

[Sec. 2405. 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) [16 U.S.C. 2403(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 [16 U.S.C. 
        2404].]

Sec. 2405. Regulations

  (a) Regulations To Be Issued by the Director.--(1) The 
Director shall issue such regulations as are necessary and 
appropriate to implement Annex II and Annex V to the Protocol 
and the provisions of this Act which implement those annexes, 
including section 4(b)(2), (3), (4), and (5) of this Act. The 
Director shall designate as native species--
          (A) each species of the class Aves;
          (B) each species of the class Mammalia; and
          (C) each species of plant,
which is indigenous to Antarctica or which occurs there 
seasonally through natural migrations.
  (2) The Director, with the concurrence of the Administrator, 
shall issue such regulations as are necessary and appropriate 
to implement Annex III to the Protocol and the provisions of 
this Act which implement that Annex, including section 4(a)(1), 
(2), (3), and (4), and section 4(b)(1) of this Act.
  (3) The Director shall issue such regulations as are 
necessary and appropriate to implement Article 15 of the 
Protocol with respect to land areas and ice shelves in 
Antarctica.
  (4) The Director shall issue such additional regulations as 
are necessary and appropriate to implement the Protocol and 
this Act, except as provided in subsection (b).
  (b) Regulations To Be Issued by the Secretary of the 
Department in Which the Coast Guard is Operating.--The 
Secretary of the Department in which the Coast Guard is 
operating shall issue such regulations as are necessary and 
appropriate, in addition to regulations issued under the Act to 
Prevent Pollution from Ships (33 U.S.C. 1901 et seq.), to 
implement Annex IV to the Protocol and the provisions of this 
Act which implement that Annex, and, with the concurrence of 
the Director, such regulations as are necessary and appropriate 
to implement Article 15 of the Protocol with respect to 
vessels.
  (c) Time Period for Regulations.--The regulations to be 
issued under subsection (a)(1) and (2) of this section shall be 
issued within 2 years after the date of the enactment of the 
Antarctic Science, Tourism, and Conservation Act of 1996. The 
regulations to be issued under subsection (a)(3) of this 
section shall be issued within 3 years after the date of the 
enactment of the Antarctic Science, Tourism, and Conservation 
Act of 1996.

[SEC. 14. [of the Antarctic Conservation Act of 1978 (16 U.S.C. 2401 et 
                    seq.]

  [(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 Science, 
Tourism, and Conservation Act of 1996 shall remain in effect 
until superseding regulations are promulgated under section 6.
  (b) Permits.--All permits issued under this Act shall remain 
in effect until they expire in accordance with the terms of 
those permits.

                   CHAPTER 44B. ANTARCTIC PROTECTION

Sec. 2463. Prohibition of Antarctic mineral resource activities

  [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] It 
is unlawful for any person to engage in, finance, or otherwise 
knowingly provide assistance to any Antarctic mineral resource 
activity.

[Sec. 2464. 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 [16 
U.S.C. 2461 et seq.].]

Sec. [2465.] 2464. Enforcement

  (a) In General.--A violation of this [16 U.S.C. 2461 et seq.] 
Act or any regulation promulgated under this Act [16 U.S.C. 
2461 et seq.] 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 [16 U.S.C. 2463]--
          (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. 2466. 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 [16 U.S.C. 2461 et seq.]; 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 [16 U.S.C. 2464].]

               TITLE 33. NAVIGATION AND NAVIGABLE WATERS

             CHAPTER 33. PREVENTION OF POLLUTION FROM SHIPS

Sec. 1901. Definitions

  (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.
  (b) For purposes of this Act, the requirements of Annex V 
shall apply to the navigable waters of the United States, as 
well as to all other waters and vessels over which the United 
States has jurisdiction.
  (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. 1902. Ships subject to preventive measures

  (a) Included Vessels.--This Act shall apply--
          (1) to a ship of United States registry or 
        nationality, or one operated under the authority of the 
        United States, wherever located;
          (2) with respect to Annexes I and II to the 
        Convention, to a ship, other than a ship referred to in 
        paragraph (1), while in the navigable waters of the 
        United States;
          (3) with respect to the requirements of Annex V to 
        the Convention, to a ship, other than a ship referred 
        to in paragraph (1), while in the navigable waters or 
        the exclusive economic zone of the United States; and
          (4) with respect to regulations prescribed under 
        section 6 of this Act [33 U.S.C. 1905], any port or 
        terminal in the United States.
  (b) Excluded Vessels.--
          (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 Atlantic Protocol.
          (2)(A) Notwithstanding any provision of the MARPOL 
        Protocol, and subject to subparagraph (B) of this 
        paragraph, the requirements of Annex V to the 
        Convention shall apply as follows:
                          (i) After December 31, 1993, to all 
                        ships referred to in paragraph (1)(A) 
                        of this subsection other than those 
                        owned or operated by the Department of 
                        the Navy.
                          (ii) Except as provided in subsection 
                        (c) of this section, after December 31, 
                        1998, to all ships referred to in 
                        paragraph (1)(A) of this subsection 
                        other than submersibles owned or 
                        operated by the Department of the Navy.
                          (iii) Except as provided in 
                        subsection (c) of this section, after 
                        December 31, 2008, to all ships 
                        referred to in paragraph (1)(A) of this 
                        subsection.
          (B) This paragraph shall not apply during time of war 
        or a declared national emergency.
  (c) Discharges in Special Areas.--
          (1) Not later than December 31, 2000, all surface 
        ships owned or operated by the Department of the Navy, 
        and not later than December 31, 2008, all submersibles 
        owned or operated by the Department of the Navy, shall 
        comply with the special area requirements of Regulation 
        5 of Annex V to the Convention.
          (2) Not later than 3 years after the date of the 
        enactment of the National Defense Authorization Act for 
        Fiscal Year 1994, the Secretary of the Navy shall, in 
        consultation with the Secretary of State, the Secretary 
        of Commerce, the Secretary of Transportation, and the 
        Administrator of the Environmental Protection Agency, 
        submit to the Congress a plan for the compliance by all 
        ships owned or operated by the Department of the Navy 
        with the requirements set forth in paragraph (1) of 
        this subsection. Such plan shall be submitted after 
        opportunity for public participation in its 
        preparation, and for public review and comment.
          (3) If the Navy plan for compliance demonstrates that 
        compliance with the requirements set forth in paragraph 
        (1) of this subsection is not technologically feasible 
        in the case of certain ships under certain 
        circumstances, the plan shall include information 
        describing--
                  (A) the ships for which full compliance with 
                the requirements of paragraph (1) of this 
                subsection is not technologically feasible;
                  (B) the technical and operational impediments 
                to achieving such compliance;
                  (C) a proposed alternative schedule for 
                achieving such compliance as rapidly as is 
                technologically feasible; and
                  (D) such other information as the Secretary 
                of the Navy considers relevant and appropriate.
          (4) Upon receipt of the compliance plan under 
        paragraph (2) of this subsection, the Congress may 
        modify the applicability of paragraph (1) of this 
        subsection, as appropriate.
  (d) Regulations.--The Secretary shall prescribe regulations 
applicable to the ships of a country not a party to the MARPOL 
Protocol, including regulations conforming to and giving effect 
to the requirements of Annex V as they apply under subsection 
(a) of section 3 [subsection (a) of this section], to ensure 
that their treatment is not more favorable than that accorded 
ships to parties to the MARPOL Protocol.
  (e) Compliance by Excluded Vessels.--
          (1) The Secretary of the Navy shall develop and, as 
        appropriate, support the development of technologies 
        and practices for solid waste management aboard ships 
        owned or operated by the Department of the Navy, 
        including technologies and practices for the reduction 
        of the waste stream generated aboard such ships, that 
        are necessary to ensure the compliance of such ships 
        with Annex V to the Convention on or before the dates 
        referred to in subsections (b)(2)(A) and (c)(1) of this 
        section.
          (2) Notwithstanding any effective date of the 
        application of this section to a ship, the provisions 
        of Annex V to the Convention with respect to the 
        disposal of plastic shall apply to ships equipped with 
        plastic processors required for the long-term 
        collection and storage of plastic aboard ships of the 
        Navy upon the installation of such processors in such 
        ships.
          (3) Except when necessary for the purpose of securing 
        the safety of the ship, the health of the ship's 
        personnel, or saving life at sea, it shall be a 
        violation of this Act for a ship referred to in 
        subsection (b)(1)(A) of this section that is owned or 
        operated by the Department of the Navy:
                  (A) With regard to a submersible, to 
                discharge buoyant garbage or garbage that 
                contains more than the minimum amount 
                practicable of plastic.
                  (B) With regard to a surface ship, to 
                discharge plastic contaminated by food during 
                the last 3 days before the ship enters port.
                  (C) With regard to a surface ship, to 
                discharge plastic, except plastic that is 
                contaminated by food, during the last 20 days 
                before the ship enters port.
          (4) The Secretary of Defense shall publish in the 
        Federal Register:
                  (A) Beginning on October 1, 1994, and each 
                year thereafter until October 1, 2000, the 
                amount and nature of the discharges in special 
                areas, not otherwise authorized under Annex V 
                to the Convention, during the preceding year 
                from ships referred to in subsection (b)(1)(A) 
                of this section owned or operated by the 
                Department of the Navy.
                  (B) Beginning on October 1, 1996, and each 
                year thereafter until October 1, 1998, a list 
                of the names of such ships equipped with 
                plastic processors pursuant to section 1003(e) 
                of the National Defense Authorization Act for 
                Fiscal Year 1994 [note to this section].
  (f) Waiver Authority.--The President may waive the effective 
dates of the requirements set forth in subsection (c) of this 
section and in subsection 1003(e) of the National Defense 
Authorization Act for Fiscal Year 1994 [note to this section] 
if the President determines it to be in the paramount interest 
of the United States to do so. Any such waiver shall be for a 
period not in excess of one year. The President shall submit to 
the Congress each January a report on all waivers from the 
requirements of this section granted during the preceding 
calendar year, together with the reasons for granting such 
waivers.
  (g) Noncommercial Shipping Standards.--The heads of Federal 
departments and agencies shall prescribe standards applicable 
to ships excluded from this Act by subsection (b)(1) of this 
section and for which they are responsible. Standards 
prescribed under this subsection shall ensure, so far as is 
reasonable and practicable without impairing the operations or 
operational capabilities of such ships, that such ships act in 
a manner consistent with the MARPOL Protocol.

Sec. 1903. Administration and enforcement

  (a) Duty of Secretary; Protocol Applicable to Seagoing 
Ships.--Unless otherwise specified in this Act, the Secretary 
shall administer and enforce the MARPOL [Protocol] 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 Convention apply only to seagoing 
ships.
  (b) Regulations.--
          (1) The Secretary shall prescribe any necessary or 
        desired regulations to carry out the provisions of the 
        MARPOL [Protocol] 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) [33 U.S.C. 
                        1902(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 Annex IV to the 
                        Antarctic Protocol; and
                          (ii) specify the ships described in 
                        section 3(a)(1) [33 U.S.C. 1902(a)(1)] 
                        to which the regulations apply;
                  (B) seek an international agreement or 
                international agreements which apply 
                requirements equivalent to those described in 
                subparagraph (A)(i) to all vessels subject to 
                Annex V to the Convention; and
                  (C) within 2 years after the effective date 
                of this paragraph, report to the Congress--
                          (i) regarding activities of the 
                        Secretary under subparagraph (B); and
                          (ii) if the Secretary has not 
                        obtained agreements pursuant to 
                        subparagraph (B) regarding the 
                        desirability of applying the 
                        requirements described in subparagraph 
                        (A)(i) to all vessels described in 
                        section 3(a) [33 U.S.C. 1902(a)] which 
                        call at United States ports.
  (c) Utilization of Personnel, Facilities, or Equipment of 
Other Federal Departments and Agencies.--The Secretary may 
utilize by agreement, with or without reimbursement, personnel, 
facilities, or equipment of other Federal departments and 
agencies in administering the MARPOL Protocol, this Act, or the 
regulations thereunder.

Sec. 1905. Pollution reception facilities

  (a) Adequacy; Criteria.--
          (1) The Secretary, after consultation with the 
        Administrator of the Environmental Protection Agency, 
        shall establish regulations setting criteria for 
        determining the adequacy of a port's or terminal's 
        reception facilities for mixtures containing oil or 
        noxious liquid substances and shall establish 
        procedures whereby a person in charge of a port or 
        terminal may request the Secretary to certify that the 
        port's or terminal's facilities for receiving the 
        residues and mixtures containing oil or noxious liquid 
        substance from seagoing ships are adequate.
          (2) The Secretary, after consulting with appropriate 
        Federal agencies, shall establish regulations setting 
        criteria for determining the adequacy of reception 
        facilities for garbage at a port or terminal, and 
        stating such additional measures and requirements as 
        are appropriate to ensure such adequacy. Persons in 
        charge of ports and terminals shall provide reception 
        facilities, or ensure that such facilities are 
        available, for receiving garbage in accordance with 
        those regulations.
  (b) Traffic Considerations.--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.
  (c) Certificate; Issuance; Validity; Appeal of Suspension or 
Revocation.--
          (1) If reception facilities of a port or terminal 
        meet the requirements of Annex I and Annex II to the 
        Convention or of this Act and the regulations 
        prescribed under subsection (a)(1), the Secretary 
        shall, after consultation with the Administrator of the 
        Environmental Protection Agency, issue a certificate to 
        that effect to the applicant.
          (2) If reception facilities of a port or terminal 
        meet the requirements of Annex V to the Convention and 
        the regulations prescribed under subsection (a)(2), the 
        Secretary may, after consultation with appropriate 
        Federal agencies, issue a certificate to that effect to 
        the person in charge of the port or terminal.
          (3) A certificate issued under this subsection--
                  (A) is valid until suspended or revoked by 
                the Secretary for cause or because of changed 
                conditions; and
                  (B) shall be available for inspection upon 
                the request of the master, other person in 
                charge, or agent of a ship using or intending 
                to use the port or terminal.
          (4) The suspension or revocation of a certificate 
        issued under this subsection may be appealed to the 
        Secretary and acted on by the Secretary in the manner 
        prescribed by regulation.
  (d) Publication in Federal Register; List of Certificated 
Ports or Terminals.--The Secretary shall periodically cause to 
be published in the Federal Register a list of the ports or 
terminals holding a valid certificate issued under this 
section.
  (e) Entry; Denial.--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--
          (1) the port or terminal is one required by the 
        MARPOL [Protocol] Protocol, the Atlantic Protocol, or 
        regulations hereunder to have adequate reception 
        facilities; and
          (2) the port or terminal does not hold a valid 
        certificate issued by the Secretary under this section.
  (f) Surveys.--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. 1907. Violations

  (a) General Prohibition; Cooperation and Enforcement; 
Detection and Monitoring Measures; Reports; Evidence.--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 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) Investigations; Subpenas: Issuance by Secretary, 
Enforcement; Action by Secretary; Information to Party.--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,] Protocol or 
the Antarctic Protocol, the Secretary, acting through the 
Secretary of State, shall inform that party of the action taken 
or proposed.
  (c) Ship Inspections; Reports to Secretary; Additional Action 
for Other than Domestic Ships.--
          (1) This subsection applies to inspections relating 
        to possible violations of Annex I or Annex II to the 
        [Convention] 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 [33 U.S.C. 1902(a)(2)].
          (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] 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) Inspection; Violation of Annex IV or V.--
          (1) The Secretary may inspect a ship referred to in 
        section 3(a)(3) this Act [33 U.S.C. 1902(a)(3)] to 
        verify whether the ship has disposed of garbage in 
        violation of Annex V to the [Convention] Convention, 
        Article 5 of Annex IV to the Antarctic Protocol, or 
        this Act.
          (2) If an inspection under this subsection indicates 
        that a violation has occurred, the Secretary may 
        undertake enforcement action under section 9 of this 
        Act [33 U.S.C. 1908].
  (e) Inspection; Violation of Protocol.--
          (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] Protocol, or 
        Annex IV to the Antarctic Protocol, or of this Act has 
        occurred the Secretary may undertake enforcement action 
        under section 9 of this Act [33 U.S.C. 1908].
  (f) Supplemental remedies and requirements; other provisions 
and available remedies unaffected. Remedies and requirements of 
this Act supplement and neither amend nor repeal any other 
provisions of law, except as expressly provided in this Act. 
Nothing in this Act shall limit, deny, amend, modify, or repeal 
any other remedy available to the United States or any other 
person, except as expressly provided in this Act.

Sec. 1908. Penalties for violations

  (a) Criminal Penalties.--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) Civil Penalties; Separate Violations; Assessment Notice; 
Considerations Affecting Amount.--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.
  (c) Abatement of Civil Penalties; Collection by Attorney 
General.--The Secretary may compromise, modify, or remit, with 
or without conditions, any civil penalty which is subject to 
assessment or which has been assessed under this section. If 
any person fails to pay an assessment of a civil penalty after 
it has become final, the Secretary may refer the matter to the 
Attorney General of the United States for collection in any 
appropriate district court of the United States.
  (d) Liability in Rem; District Court Jurisdiction.--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) Ship Clearance or Permits; Refusal or Revocation; Bond or 
Other Surety.--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) Referrals for Appropriate Action by Foreign Country.--
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.

                                
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