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104th Congress                                            Rept. 104-593
                        HOUSE OF REPRESENTATIVES

 2d Session                                                      Part I
_______________________________________________________________________


 
             ANTARCTIC ENVIRONMENTAL PROTECTION ACT OF 1996

_______________________________________________________________________


                  May 23, 1996.--Ordered to be printed

                                _______


   Mr. Walker, from the Committee on Science, submitted the following

                              R E P O R T

                        [To accompany H.R. 3060]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Science, to whom was referred the bill 
(H.R. 3060) to implement the Protocol on Environmental 
Protection to the Antarctic Treaty, having considered the same, 
reports favorably thereon without amendment and recommends that 
the bill do pass.


                            C O N T E N T S

                                                                   Page
  I. Purpose of the Bill..............................................2
 II. Background and Need for Legislation..............................2
III. Summary of Hearing...............................................2
 IV. Committee Actions................................................3
  V. Summary of Major Provisions of the Bill..........................3
 VI. Section-By-Section Analysis......................................3
     Section 1. Short Title...........................................3
     Section 101. Findings and Purpose................................3
     Section 102. Definitions.........................................3
     Section 103. Prohibited Acts.....................................4
     Section 104. Environmental Impact Assessment.....................4
     Section 105. Permits.............................................5
     Section 106. Regulations.........................................5
     Section 107. Saving Provisions...................................5
     Section 201. Findings and Purpose................................5
     Section 202. Prohibition of Antarctic Mineral Resource Activities5
     Section 203. Additional Amendments...............................5
     Section 301. Amendments..........................................6
  
VII. Congressional Budget Office Analysis and Cost Estimates..........6
VIII.Effect of Legislation on Inflation...............................7

 IX. Oversight Findings and Recommendations...........................7
  X. Oversight Findings and Recommendations by the Committee on 
     Government Reform and Oversight..................................7
 XI. Changes in Existing Law Made by the Bill, as Reported............7
XII. Committee Recommendations.......................................26
XIII.Proceedings of Full Committee Markup............................27


                         I. Purpose of the Bill

    The purpose of the bill is to provide the necessary 
legislative authority for the United States to implement the 
1991 Protocol on Environmental Protection to the Antarctic 
Treaty.

                II. Background and Need for Legislation

    The 1991 Protocol on Environmental Protection to the 
Antarctic Treaty established specific principles and rules for 
protection of the Antarctic environment from human activities. 
Specifically, the Protocol addresses the protection of flora 
and fauna, imposes strict limits on the discharge of 
pollutants, and requires environmental impact assessments of 
planned governmental and non-governmental activities. The 
Protocol also forbids prospecting or development of Antarctic 
mineral resources, but excludes scientific research. In 1992, 
the U.S. Senate gave its consent to ratify the measure; 
however, implementing legislation was never enacted. In order 
for the Protocol to be fully effective and enforceable, all 26 
of the Antarctic Treaty Consultative Parties must ratify the 
Protocol. Of the 26 Antarctic Treaty Consultative Parties only 
20 have ratified the Protocol, leaving the United States, 
Russia, Japan, India, Belgium, and Finland to complete action. 
H.R. 3060 provides the necessary legislative authority for the 
United States to implement the Protocol.

                        III. Summary of Hearing

    On April 18, 1996, the Committee on Science held a hearing 
to receive testimony on H.R. 3060, the Antarctic Environmental 
Protection Act of 1996. H.R. 3060 implements the Environmental 
Protocol to the Antarctic Treaty. Witnesses included Dr. Neal 
Lane, Director, National Science Foundation; Ms. Eileen 
Claussen, Assistant Secretary of State, Oceans and 
International Environmental and Scientific Affairs, U.S. 
Department of State; Ms. Kathryn Fuller, President, World 
Wildlife Fund; and Dr. Robert Rutford, Program of Geosciences, 
University of Texas, at Dallas. The witnesses conveyed strong 
support for the passage of H.R. 3060, testifying that the bill 
comprehensively and effectively implements the Protocol.

                         IV. Committee Actions

    On April 24, 1996, the Committee met to markup H.R. 3060, 
the Antarctic Environmental Protection Act of 1996. The bill 
was adopted, without amendment, by voice vote, and ordered 
reported to the full House, by voice vote, for consideration.

               V. Summary of Major Provisions of the Bill

    Title I of H.R. 3060 amends the Antarctic Conservation Act 
of 1978 by providing definitions, prohibited acts, and an 
environmental impact assessment. Title II amends the Antarctic 
Protection Act of 1990 by prohibiting mineral resource 
activities in the Antarctic. Title III amends the Act to 
Prevent the Pollution from Ships to conform to the 
International Convention for the Prevention of Pollution from 
Ships as modified by the Protocol in 1978 (MARPOL) Protocol.

                    VI. Section-by-Section Analysis

Sec. 1. Short Title

    Cites the Act as the ``Antarctic Environmental Protection 
Act of 1996.''

     Title I--Amendments to the Antarctic Conservation Act of 1978

Sec. 101. Findings and purpose

    Amends section 2 of the Antarctic Conservation Act of 1978 
to conform with the following: (1) Congress finds that the 
Antarctic Treaty and the Protocol on Environmental Protection 
to the Antarctic Treaty establishes a firm foundation for the 
protection of the Antarctic environment, international 
cooperation and freedom from scientific investigation; and (2) 
the purpose of the Act is to provide legislative authority to 
implement the Protocol.

Sec. 102. Definitions

    Amends definitions in section 3 of the Antarctic 
Conservation Act of 1978. Defines (1) ``Administrator'' as the 
Administrator of the Environmental Protection Agency; (2) 
``Antarctica'' as the area south of 60 degrees south latitude; 
(3) ``Antarctic Specially Protected Area'' as an area 
identified as such pursuant to Annex V to the Protocol; (4) 
``Director'' as the Director of the National Science 
Foundation; (5) ``harmful interference'' as:

          (A) flying or landing helicopters or other aircraft 
        in a manner that disturbs concentrations of birds or 
        seals; (B) using vehicles or vessels including 
        hovercraft and small boats, in a manner that disturbs 
        concentrations of birds or seals; (C) using explosives 
        or firearms in a manner that disturbs concentrations of 
        birds or seals; (D) willfully disturbing breeding or 
        molting birds or concentrations of birds or seals by 
        persons on foot; (E) significantly damaging 
        concentrations of native terrestrial plants by landing 
        aircraft, driving vehicles, or walking on them; and (F) 
        any activity that results in the significant adverse 
        modification of habitats of any species of population 
        of native mammal, native bird, native plant, or native 
        invertebrate;

(6) ``historic site or monument'' as any site or monument 
listed as a historic site or monument pursuant to Annex V to 
the Protocol; (7) ``impact'' as an impact on the Antarctic 
environment and de-
pendent and associated ecosystems; (8) ``import'' as to land 
on, bring into, or introduce into, or attempt to land on, bring 
into or introduce into, any place subject to the jurisdiction 
of the U.S., including the 12-mile territorial sea of the U.S., 
whether or not such act constitutes an importation within the 
meaning of the customs laws of the U.S.; (9) ``native bird'' as 
any member of any species of the class Aves which is indigenous 
to Antarctica or occurs there seasonally through natural 
migrations; (10) ``native invertebrate'' as any terrestrial or 
freshwater invertebrate which is indigenous to Antarctica; (11) 
``native mammal'' as any member of any species of the class 
Mammalia, which is indigenous to Antarctic; (12) ``native 
plant'' as any terrestrial or freshwater vegetation, which is 
indigenous to Antarctica; (13) ``non-native species'' as any 
species of animal or plant which is not indigenous to 
Antarctica; (14) ``person'' has the meaning given that term in 
section 1 of title 1, U.S. Code, and includes any person 
subject to the jurisdiction of the U.S. and any department, 
agency, or other instrumentality of the federal government or 
any state or local government; (15) ``prohibited product'' as 
any substance banned from introduction onto land or ice shelves 
or into water in Antarctica pursuant to Annex III to the 
Protocol; (16) ``prohibited waste'' as any substance which must 
be removed from Antarctica pursuant to Annex III to the 
Protocol, but does not include materials used for balloon 
envelopes required for scientific research and weather 
forecasting; (17) ``Protocol'' as the Protocol on Environmental 
Protection to the Antarctic Treaty; (18) ``Secretary'' as the 
Secretary of Commerce; (19) ``Specially Protected Species'' as 
any native species designated as a Specially Protected Species 
pursuant to Annex II to the Protocol; (20) ``take'' as to kill, 
injure, capture, handle, or molest a native mammal or bird, or 
to remove or damage such quantities of native plants that their 
local distribution or abundance would be significantly 
affected; (21) ``Treaty'' as the Antarctic Treaty of 1959; (22) 
``United States'' as the several States of the Union, the 
District of Columbia, the Commonwealth of Puerto Rico, American 
Samoa, the Virgin Islands, Guam, the Commonwealth of the 
Northern Mariana Islands, and any other commonwealth, 
territory, or possession of the U.S.; and (23) ``vessel subject 
to the jurisdiction of the United States'' as any ``vessel of 
the United States'' and any ``vessel subject to the 
jurisdiction of the United States'' as those terms are defined 
in section 303 of the Antarctic Marine Living Resources 
Convention Act of 1984.

Sec. 103. Prohibited Acts

    Specifies prohibited actions associated with disposal of 
pollutants, harming historic sites, control of tourism, 
interference with enforcement officials, and violation of 
regulations and permits. Specifies actions which are prohibited 
unless authorized by a permit, including waste disposal, 
introduction of non-native species, entering protected areas, 
disturbing native species, and transporting or possessing 
native birds, mammals or plants. Some exceptions to these 
prohibitions are allowed under emergency circumstances.

Sec. 104. Environmental Impact Assessment

    Establishes the policy that obligations under the Protocol 
for environmental impact assessments for federal agency 
activities are to be satisfied by application of the National 
Environmental Policy Act. Specifies that environmental impact 
assessments for Antarctic joint activities (to be defined 
through regulations) carried out in cooperation with one or 
more foreign governments shall not be conducted by the United 
States, provided that the Secretary of State determines that a 
major part of the joint activity is being contributed by 
another nation, which is coordinating the environmental 
assessment and which has acceded to the Protocol. The 
Administrator of EPA is required to promulgate regulations to 
provide for the environmental impact assessment of non-
governmental activities, such as tourism.

Sec. 105. Permits

    Amends the Permits section of the Antarctic Conservation 
Act of 1978 to conform to the terminology and requirements of 
the Protocol, including specifying the need for a permit for 
killing or capturing native birds or mammals associated with 
scientific activities or the construction and operation of 
scientific support facilities.

Sec. 106. Regulations

    Specifies, with two exceptions noted subsequently, that NSF 
shall issue all regulations to implement the Protocol and Act, 
including Annex II (Conservation of Antarctic Fauna and Flora), 
Annex V (Area Protection and Management), and Article 15 
(Emergency Response Action) with respect to land areas and ice 
shelves. Specifies that NSF shall, with the concurrence of EPA, 
issue regulations to implement Annex III (Waste Disposal and 
Waste Management) of the Protocol. Specifies that the Coast 
Guard shall issue regulations to implement Annex IV (Prevention 
of Marine Pollution) of the Protocol and, with the concurrence 
of NSF, shall issue regulations to implement Article 15 of the 
Protocol with respect to ships.

Sec. 107. Saving Provisions

    Amends section 14 of the Antarctic Conservation Act of 1978 
to ensure that all regulations promulgated under this Act 
remain in effect until superseding regulations are promulgated.

        Title II--Amendments to Antarctic Protection Act of 1990

Sec. 201. Finding and Purpose

    Amends section 2 of the Antarctic Protection Act of 1990 to 
bring it into conformity with the ban on mineral resource 
activities in Article 7 of the Protocol.

Sec. 202. Prohibition of Antarctic Mineral Resource Activities

    Provides an indefinite ban on Antarctic mineral resource 
activities, other than for scientific purposes.

Sec. 203. Additional Amendments

    Repeals sections five and seven of the Antarctic Protection 
Act of 1990 and redesignates section six as section five.

    Title III--Amendments to the Act to Prevent Pollution from Ships

Sec. 301. Amendments

    Amends the Act to Prevent Pollution from Ships by inserting 
such references to Annex IV of the Protocol as necessary to 
implement the Protocol's provisions on prevention of marine 
pollution.

      VII. Congressional Budget Office Analysis and Cost Estimates

                                Congressional Budget Office
                                              U.S. Congress
                                      Washington, DC. 20515
                                  June E. O'Neill, Director

                                                        May 9, 1996
Honorable Robert S. Walker,
Chairman, Committee on Science
U.S. House of Representatives
Washington, DC. 20515

    Dear Mr. Chairman:
    The Congressional Budget Office has reviewed H.R. 3060, the 
Antarctic Environmental Protection Act of 1996, as ordered reported by 
the House Committee on Science on April 24, 1996. We estimate that 
enacting this bill would require various agencies to write new 
regulations regarding protection of the Antarctic environment at an 
estimated cost to the Federal Government of $2 million to $5 million 
over the 1997-2000 period, assuming appropriation of the necessary 
amounts. In addition, the bill also would increase governmental 
receipts and direct spending, but such changes would be less than 
$500,000 for each year. Because the bill would affect direct spending 
and receipts, pay-as-you-go procedures would apply. The bill does not 
contain any intergovernmental or private sector mandates as defined in 
Public Law 104-4.
    Bill Purpose. H.R. 3060 would implement the Protocol on 
Environmental Protection to the Antarctic Treaty by amending the 
Antarctic Conservation Act of 1978, the Antarctic Protection Act of 
1990, and the Act to Prevent Pollution from Ships. The bill would 
prohibit Antarctic mineral resource activity, the introduction of 
specified products into the Antarctic, and certain waste disposal 
practices. Specifically, the legislation would require the National 
Science Foundation (NSF) to issue regulations on the protection of 
Antarctic flora and fauna, waste disposal and management, and other 
areas necessary to implement the Protocol. It also would require the 
Coast Guard to promulgate regulations prohibiting marine pollution in 
the Antarctic, and would establish civil and criminal penalties for 
violations of these regulations. H.R. 3060 would direct the 
Environmental Protection Agency to issue regulations within two years 
of enactment regarding assessments of the environmental impact of 
nongovernmental activities, including tourism, in the Antarctic. 
Finally, the bill would apply the National Environmental Policy Act of 
1969 (NEPA) to proposed activities of federal agencies in Antarctica.
    Federal Budgetary Impact. Based on information from the affected 
agencies, CBO estimates that issuing the regulations called for by this 
legislation would cost $2 million to $5 million over the 1997-2000 
period, assuming appropriation of the necessary funds. We estimate that 
applying NEPA to activities of federal agencies in the Antarctic would 
not result in additional expenditures by such agencies because they 
already prepare environmental impact statements under NEPA for 
activities in the Antarctic. Likewise, federal agencies have already 
taken steps to bring their activities in the Antarctic into compliance 
with the terms of the Antarctic Treaty. Hence, we estimate that 
enacting this bill would not significantly increase the cost of 
government operations there.
    CBO estimates that collections from new civil and criminal 
penalties would increase governmental receipts by less than $500,000 
annually. Payments of criminal fines would be deposited in the Crime 
Victims Fund and would be spent, without the need for appropriations 
action, in the following year. Therefore, additional direct spending 
from the Crime Victims Fund would also be negligible.
    Mandates Statement. Section 4 of the Unfunded Mandates Reform Act 
of 1995 excludes from the application of that act any legislative 
provisions that are necessary for the ratification or implementation of 
international treaty obligations. CBO has determined that all 
provisions of this bill fit within that exclusion, because they are 
necessary for the implementation of the Protocol on Environmental 
Protection to the Antarctic Treaty.
    If you wish further details on this estimate, we will be pleased to 
provide them. The CBO staff contacts for estimates of spending are Kim 
Cawley, Kathleen Gramp, Deborah Reis, and Gary Brown, who can be 
reached at 226-2720.
Sincerely,
                                          June E. O'Neill, Director

cc: Honorable George E. Brown, Jr., Ranking Minority Member

                VIII. Effect of Legislation on Inflation

    In accordance with rule XI, clause 2(1)(4) of the Rules of 
the House of Representatives, this legislation is assumed to 
have no inflationary effect on prices and costs in the 
operation of the national economy.

               IX. Oversight Findings and Recommendations

    Clause 2(1)(3)(A) of rule XI requires each committee report 
to contain oversight findings and recommendations required 
pursuant to clause 2(b)(1) of rule X. The Committee has no 
oversight findings.

     X. Oversight Findings and Recommendations by the Committee on 
                    Government Reform and Oversight

    Clause 2(1)(3)(D) of rule XI requires each committee report 
to contain a summary of the oversight findings and 
recommendations made by the Government Reform and Oversight 
Committee pursuant to clause 4(c)(2) of rule X, whenever such 
findings have been timely submitted. The Committee on Science 
has received no such findings or recommendations from the 
Committee on Government Reform and Oversight.

       XI. Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3 of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

                   ANTARCTIC CONSERVATION ACT OF 1978

          * * * * * * *

[SEC. 2. FINDINGS AND PURPOSE.

    [(a) Findings.--The Congress finds that--
          [(1) the Antarctic Treaty and the Agreed Measures for 
        the Conservation of Antarctic Fauna and Flora, adopted 
        at the Third Antarctic Treaty Consultative Meeting, 
        have established a firm foundation for the continuation 
        of international cooperation and the freedom of 
        scientific investigation in Antarctica; and
          [(2) the study of Antarctic fauna and flora, their 
        adaptation to their rigorous environment, and their 
        interrelationships with that environment has special 
        scientific importance for all mankind.
    [(b) Purpose.--The purpose of this Act is to provide for 
the conservation and protection of the fauna and flora of 
Antarctica, and of the ecosystem upon which such fauna and 
flora depend, consistent with the Antarctic Treaty, the Agreed 
Measures for the Conservation of Antarctic Fauna and Flora, and 
Recommendation VII-3 of the Eighth Antarctic Treaty 
Consultative Meeting.

[SEC. 3. DEFINITIONS.

    [For purposes of this Act--
          [(1) The term ``Agreed Measures'' means the Agreed 
        Measures for the Conservation of Antarctic Fauna and 
        Flora--
                  [(A) as recommended to the Consultative 
                Parties for approval at the Third Antarctic 
                Treaty Consultative Meeting; and
                  [(B) as amended from time to time in 
                accordance with Article IX(1) of the Treaty.
          [(2) The term ``Antarctica'' means the area south of 
        60 degrees south latitude.
          [(3) The term ``collect'' means to cut, sever, or 
        move, or to attempt to engage in any such conduct.
          [(4) The term ``Director'' means the Director of the 
        National Science Foundation or an officer or employee 
        of the Foundation designated by the Director.
          [(5) The term ``foreign person'' means--
                  [(A) any individual who is a citizen or 
                national of a foreign nation,
                  [(B) any corporation, partnership, trust, 
                association, or other legal entity existing or 
                organized under the laws of any foreign nation, 
                and
                  [(C) any department, agency, or other 
                instrumentality of any foreign nation and any 
                officer, employee, or agent of any such 
                instrumentality.
          [(6) The term ``native bird'' means any member, at 
        any stage of its life cycle (including eggs), of any 
        species of the class Aves which is designated as a 
        native species by the Director under section 6(b)(1), 
        and includes any part of any such member.
          [(7) The term ``native mammal'' means any member, at 
        any stage of its life cycle, of any species of the 
        class Mammalia, other than any species regulated by the 
        International Whaling Commission, which is designated 
        as a native species by the Director under section 
        6(b)(1), and includes any part of such member.
          [(8) The term ``native plant'' means any member of 
        any species of plant at any stage of its life cycle 
        (including seeds) which is designated as such by the 
        Director under section 6(b)(1), and includes any part 
        of any such member.
          [(9) The term ``pollutant'' means any substance 
        designated as such by the Director under section 
        6(b)(6).
          [(10) The term ``site of special scientific 
        interest'' means any area designated as such by the 
        Director under section 6(b)(3).
          [(11) The term ``specially protected area'' means any 
        area designated as such by the Director under section 
        6(b)(4).
          [(12) The term ``specially protected species'' means 
        any species of native mammal or native bird designated 
        as such by the Director under section 6(b)(5).
          [(13) The term ``take'' means to harass, molest, 
        harm, pursue, hunt, shoot, wound, kill, trap, or 
        capture, or to attempt to engage in any such conduct.
          [(14) The term ``Treaty'' means the Antarctic Treaty 
        signed in Washington, D.C., on December 1, 1959.
          [(15) The term ``United States'' means the several 
        States of the Union, the District of Columbia, the 
        Commonwealth of Puerto Rico, American Samoa, the Virgin 
        Islands, Guam, and the Trust Territory of the Pacific 
        Islands, including the Government of the Northern 
        Mariana Islands.
          [(16) The term ``United States citizen'' means--
                  [(A) any individual who is a citizen or 
                national of the United States;
                  [(B) any corporation, partnership, trust, 
                association, or other legal entity existing or 
                organized under the laws of any of the United 
                States; and
                  [(C) any department, agency, or other 
                instrumentality of the Federal Government or of 
                any State, and any officer, employee, or agent 
                of any such instrumentality.

[SEC. 4. PROHIBITED ACTS.

    [(a) In General.--It is unlawful--
          [(1) for any United States citizen, unless authorized 
        by regulation prescribed under this Act or a permit 
        issued under section 5--
                  [(A) to take within Antarctica any native 
                mammal or native bird,
                  [(B) to collect within any specially 
                protected area any native plant,
                  [(C) to introduce into Antarctica any animal 
                or plant that is not indigenous to Antarctica,
                  [(D) to enter any specially protected area or 
                site of special scientific interest, or
                  [(E) to discharge, or otherwise to dispose 
                of, any pollutant within Antarctica;
          [(2) for any United States citizen wherever located, 
        or any foreign person while within the United States, 
        unless authorized by regulation prescribed under this 
        Act or a permit issued under section 5--
                  [(A) to possess, sell, offer for sale, 
                deliver, receive, carry, transport, or ship by 
                any means whatsoever, or
                  [(B) to import into the United States, to 
                export from the United States, or to attempt to 
                so import or export,
        any native mammal or native bird taken in Antarctica or 
        any native plant collected in any specially protected 
        area;
          [(3) for any United States citizen wherever located, 
        or any foreign person while within the United States, 
        to violate any regulation prescribed under this Act; or
          [(4) for any person, whether or not a United States 
        citizen, to violate any term or condition of any permit 
        issued under section 5.
No act described in paragraphs (1) through (4) shall be 
unlawful if committed, under emergency circumstances, to 
prevent the loss of human life.
    [(b) Exception.--Subsection (a) shall not apply to--
          [(1) any native mammal, native bird, or native plant 
        which is held in captivity on the date of the enactment 
        of this Act; or
          [(2) any offspring of any such mammal, bird, or 
        plant.
With respect to any act prohibited by subsection (a) which 
occurs after the 180th day after such date of enactment, there 
shall be a rebuttable presumption that the native mammal, 
native bird, or native plant involved in such act was not held 
in captivity on such date or was not an offspring referred to 
in paragraph (2).]

SEC. 2 FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that the Antarctic Treaty 
and the Protocol on Environmental Protection to the Antarctic 
Treaty establish a firm foundation for the comprehensive 
protection of the Antarctic environment, the continuation of 
international cooperation, and the freedom of scientific 
investigation in Antarctica.
    (b) Purpose.--The purpose of this Act is to provide 
legislative authority to implement, with respect to the United 
States, the Protocol on Environmental Protection to the 
Antarctic Treaty.

SEC. 3. DEFINITIONS.

    For purposes of this Act--
          (1) the term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency;
          (2) the term ``Antarctica'' means the area south of 
        60 degrees south latitude;
          (3) the term ``Antarctic Specially Protected Area'' 
        means an area identified as such pursuant to Annex V to 
        the Protocol;
          (4) the term ``Director'' means the Director of the 
        National Science Foundation;
          (5) the term ``harmful interference'' means--
                  (A) flying or landing helicopter or other 
                aircraft in a manner that disturbs 
                concentrations of birds or seals;
                  (B) using vehicles or vessels, including 
                hovercraft and small boats, in a manner that 
                disturbs concentrations of birds or seals;
                  (C) using explosives or firearms in a manner 
                that disturbs concentrations of birds or seals;
                  (D) willfully disturbing breeding or molting 
                birds or concentrations of birds or seals by 
                persons on foot;
                  (E) significantly damaging concentrations of 
                native terrestrial plants by landing aircraft, 
                driving vehicles, or walking on them, or by 
                other means; and
                  (F) any activity that results in the 
                significant adverse modification of habitats of 
                any species or population of native mammal, 
                native bird, native plant, or native 
                invertebrate;
          (6) the term ``historic site or monument'' means any 
        site or monument listed as a historic site or monument 
        pursuant to Annex V to the Protocol;
          (7) the term ``impact'' means impact on the Antarctic 
        environment and dependent and associated ecosystems;
          (8) the term ``import'' means to land on, bring into, 
        or introduce into, or attempt to land on, bring into or 
        introduce into, any place subject to the jurisdiction 
        of the United States, including the 12-mile territorial 
        sea of the United States, whether or not such act 
        constitutes an importation within the meaning of the 
        customs laws of the United States;
          (9) the term ``native bird'' means any member, at any 
        stage of its life cycle (including eggs), of any 
        species of the class Aves which is indigenous to 
        Antarctica or occurs there seasonally through natural 
        migrations, and includes any part of such member;
          (10) the term ``native invertebrate'' means any 
        terrestrial or freshwater invertebrate, at any stage of 
        its life cycle, which is indigenous to Antarctica, and 
        includes any part of such invertebrate;
          (11) the term ``native mammal'' means any member, at 
        any stage of its life cycle, of any species of the 
        class Mammalia, which is indigenous to Antarctica or 
        occurs there seasonally through natural migrations, and 
        includes any part of such member;
          (12) the term ``native plant'' means any terrestrial 
        or freshwater vegetation, including bryophytes, 
        lichens, fungi, and algae, at any stage of its life 
        cycle (including seeds and other propagules), which is 
        indigenous to Antarctica, and includes any part of such 
        vegetation;
          (13) the term ``non-native species'' means any 
        species of animal or plant which is not indigenous to 
        Antarctica and does not occur there seasonally through 
        natural migrations;
          (14) the term ``person'' has the meaning given that 
        term in section 1 of title 1, United States Code, and 
        includes any person subject to the jurisdiction of the 
        United States and any department, agency, or other 
        instrumentality of the Federal Government or of any 
        State or local government;
          (15) the term ``prohibited product'' means any 
        substance banned from introduction onto land or ice 
        shelves or into water in Antarctica pursuant to Annex 
        III to the Protocol;
          (16) the term ``prohibited waste'' means any 
        substance which must be removed from Antarctica 
        pursuant to Annex III to the Protocol, but does not 
        include materials used for balloon envelopes required 
        for scientific research and weather forecasting;
          (17) the term ``Protocol'' means the Protocol on 
        Environmental Protection to the Antarctic Treaty, 
        signed October 4, 1991, in Madrid, and all annexes 
        thereto, including any future amendments thereto to 
        which the United States is a party;
          (18) the term ``Secretary'' means the Secretary of 
        Commerce;
          (19) the term ``Specially Protected Species'' means 
        any native species designed as a Specially Protected 
        Species pursuant to Annex II to the Protocol;
          (20) the term ``take'' means to kill, injure, 
        capture, handle, or molest a native mammal or bird, or 
        to remove or damage such quantities of native plants 
        that their local distribution or abundance would be 
        significantly affected;
          (21) the term ``Treaty'' means the Antarctic Treaty 
        signed in Washington, DC, on December 1, 1959;
          (22) the term ``United States'' means the several 
        States of the Union, the District of Columbia, the 
        Commonwealth of Puerto Rico, American Samoa, the Virgin 
        Islands, Guam, the Commonwealth of the Northern Mariana 
        Islands, and any other commonwealth, territory, or 
        possession of the United States; and
          (23) the term ``vessel subject to the jurisdiction of 
        the United States'' includes any ``vessel of the United 
        States'' and any ``vessel subject to the jurisdiction 
        of the United States'' as those terms are defined in 
        section 303 of the Antarctic Marine Living Resources 
        Convention Act of 1984 (16 U.S.C. 2432).

SEC. 4. PROHIBITED ACTS.

    (a) In General.--It is unlawful for any person--
          (1) to introduce any prohibited product onto land or 
        ice shelves or into water in Antarctica;
          (2) to dispose of any waste onto ice-free land areas 
        or into fresh water systems in Antarctica;
          (3) to dispose of any prohibited waste in Antarctica;
          (4) to engage in open burning of waste;
          (5) to transport passengers to, from, or within 
        Antarctica by any seagoing vessel not required to 
        comply with the Act to Prevent Pollution from Ships (33 
        U.S.C. 1901 et seq.), unless the person has an 
        agreement with the vessel owner or operator under which 
        the owner or operator is required to comply with Annex 
        IV to the Protocol;
          (6) who organizes, sponsors, operates, or promotes a 
        nongovernmental expedition to Antarctica, and who does 
        business in the United States, to fail to notify all 
        members of the expedition of the environmental 
        protection obligations of this Act, and of actions 
        which members must take, or not take, in order to 
        comply with those obligations;
          (7) to damage, remove, or destroy a historic site or 
        monument;
          (8) to refuse permission to any authorized officer or 
        employee of the United States to board a vessel, 
        vehicle, or aircraft of the United States, or subject 
        to the jurisdiction of the United States, for the 
        purpose of conducting any search or inspection in 
        connection with the enforcement of this Act or any 
        regulation promulgated or permit issued under this Act;
          (9) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with any authorized officer or 
        employee of the United States in the conduct of any 
        search or inspection described in paragraph (8);
          (10) to resist a lawful arrest or detention for any 
        act prohibited by this section;
          (11) to interfere with, delay, or prevent, by any 
        means, the apprehension, arrest, or detention of 
        another person, knowing that such other person has 
        committed any act prohibited by this section;
          (12) to violate any regulation issued under this Act, 
        or any term or condition of any permit issued to that 
        person under this Act; or
          (13) to attempt to commit or cause to be committed 
        any act prohibited by this section.
    (b) Acts Prohibited Unless Authorized by Permit.--It is 
unlawful for any person, unless authorized by a permit issued 
under this Act--
          (1) to dispose of any waste in Antarctica (except as 
        otherwise authorized by the Act to Prevent Pollution 
        from Ships) including--
                  (A) disposing of any waste from land into the 
                sea in Antarctica; and
                  (B) incinerating any waste on land or ice 
                shelves in Antarctica, or on board vessels at 
                points of embarcation or debarcation, other 
                than through the use at remote field sites of 
                incinerator toilets for human waste;
          (2) to introduce into Antarctica any member of a 
        nonnative species;
          (3) to enter or engage in activities within any 
        Antarctic Specially Protected Area;
          (4) to engage in any taking or harmful interference 
        in Antarctica; or
          (5) to receive, acquire, transport, offer for sale, 
        sell, purchase, import, export, or have custody, 
        control, or possession of, any native bird, native 
        mammal, or native plant which the person knows, or in 
        the exercise of due care should have known, was taken 
        in violation of this Act.
    (c) Exception for Emergencies.--No act described in 
subsection (a)(1), (2), (3), (4), (5), (7), (12), or (13) or in 
subsection (b) shall be unlawful if the person committing the 
act reasonably believed that the act was committed under 
emergency circumstances involving the safety of human life or 
of ships, aircraft, or equipment or facilities of high value, 
or the protection of the environment.

SEC. 4A. ENVIRONMENTAL IMPACT ASSESSMENT.

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

SEC. 5. PERMITS.

    (A) In general.--The Director may issue permits which 
authorize acts otherwise prohibited by section 4[a](b).
          * * * * * * *
    (c) Action by Appropriate Secretaries on Certain Permit 
Applications.--(1) If the Director receives an application for 
a permit under this section requesting authority to undertake 
any action with respect to--
          (A) any native mammal which is a marine mammal within 
        the meaning of section 3(5) of the Marine Mammal 
        Protection Act of 1972 (16 U.S.C. 1362(5));
          (B) any native mammal, native bird, or native plant 
        which is an endangered species or threatened species 
        under the Endangered [Special] Species Act of 1973 (16 
        U.S.C. 1531 et seq.); or
          * * * * * * *
    (e) Terms and Conditions of Permits.--(1) Each permit 
issued under this section shall--
          (A) if applicable, specify--
                  (i) the number and species of native mammals, 
                native birds, [or native plants to which the 
                permit applies,] native plants, or native 
                invertebrates to which the permit applies, and
                  [(ii) if any such mammal or bird is 
                authorized to be taken, transported, carried, 
                or shipped, the manner (which manner must be 
                determined by the Director to be humane) in 
                which such action must be accomplished and the 
                area in which such taking must occur, and
                  [(iii) if any such plant is authorized to be 
                collected, the location and manner in which it 
                must be collected;]
                  (ii) the manner in which the taking or 
                harmful interference shall be conducted (which 
                manner shall be determined by the Director to 
                be humane) and the area in which it will be 
                conducted;
          * * * * * * *
    (2) The terms and conditions imposed by the Director in any 
permit issued under this section that authorizes any of the 
following acts shall be consistent with the following criteria:
          (A) Permits authorizing the taking [within Antarctica 
        (other than within any specially protected area)] of 
        any native mammal or native bird (other than a 
        [specially protected species] Specially Protected 
        Species of any such mammal or bird)--
                  (i) may be issued only for the purpose of 
                providing--
                          (I) specimens for scientific study or 
                        scientific information,
                          (II) specimens for museums, 
                        zoological gardens, or other 
                        educational or cultural institutions or 
                        uses[; and ] or harmful interference 
                        within Antarctica
                          (III) for unavoidable consequences of 
                        scientific activities or the 
                        construction and operation of 
                        scientific support facilities;
                  (ii) shall ensure, as far as possible, that--
                          (I) no more native mammals and native 
                        birds are taken in any year than can 
                        normally be replaced by net natural 
                        reproduction in the following breeding 
                        season, and
                          (II) the variety of species and the 
                        balance of the natural ecological 
                        systems [with Antarctica and] within 
                        Antarctica are maintained.
          (B) Permits authorizing the taking of [specially 
        protected species] Specially Protected Species may be 
        issued only if--
                  (i) there is a compelling scientific purpose 
                for such taking; and
                  (ii) the actions allowed under any such 
                permit will not jeopardize any existing natural 
                ecological system, or the survival, of such 
                species.
          [(C) Permits authorizing the entry into any specially 
        protected area--
                  [(i) may be issued only if--
                          [(I) there is a compelling scientific 
                        purpose for such entry which cannot be 
                        served elsewhere, and
                          [(II) the actions allowed under any 
                        such permit will not jeopardize the 
                        natural ecological system existing in 
                        such area; and
                  [(ii) shall not allow the operation of any 
                surface vehicle within such area.
          [(D) Permits authorizing the entry into any site of 
        special scientific interest shall be consistent with 
        the management plan prescribed under section 6(b)(3) 
        for such site.]
          (C) A permit authorizing the entry into an Antarctic 
        Specially Protected Area shall be issued only--
                  (i) if the entry is consistent with an 
                approved management plan, or
                  (ii) if a management plan relating to the 
                area has not been approved but--
                          (I) there is a compelling purpose for 
                        such entry which cannot be served 
                        elsewhere, and
                          (II) the actions allowed under the 
                        permit will not jeopardize the natural 
                        ecological system existing in such 
                        area.
          * * * * * * *

 [SEC. 6. REGULATIONS.

    [(a) In General.--The Director, after consultation with the 
Secretary of State and other appropriate Federal officials, 
shall prescribe such regulations as are necessary and 
appropriate to implement the provisions of this Act.
    [(b) Specific Regulations.--The regulations required to be 
prescribed under subsection (a) shall include, but shall not be 
limited to, regulations which--
          [(1) designate, as native species--
                  [(A) each species of the class Aves,
                  [(B) each species of the class Mammalia, and
                  [(C) each species of plant,
        which is indigenous to Antarctica or occurs in 
        Antarctica through natural agencies of dispersal;
          [(2) specify those actions which must, and those 
        actions which must not, be taken within Antarctica in 
        order to protect, in accordance with the applicable 
        provisions of the Agreed Measures, members of each 
        native species designated under paragraph (1);
          [(3) identify, as a site or special scientific 
        interest, each area approved by the United States in 
        accordance with Recommendation VIII-3 of the Eighth 
        Antarctic Treaty Consultative Meeting as having unique 
        value for scientific investigation and needing 
        protection from interference, and prescribe a 
        management plan for such site which is consistent with 
        any management plan approved by the United States for 
        such site in accordance with such Recommendation;
          [(4) identify, as a specially protected area, each 
        area designated for special protection under the Agreed 
        Measures because of its outstanding scientific or 
        ecological interest;
          [(5) designate, as a specially protected species, any 
        native species of mammal or bird which is approved by 
        the United States for special protection under the 
        Agreed Measures;
          [(6) designate as a pollutant any substance which the 
        Director finds liable, if the substance is introduced 
        into Antarctica, to create hazards to human health, to 
        harm living resources or marine life, to damage 
        amenities, or to interfere with other legitimate uses 
        of Antarctica;
          [(7) specify those actions which must, and those 
        actions which must not, be taken in order to prevent or 
        control the discharge or other disposal of pollutants, 
        from any source within Antarctica;
          [(8) designate those animals and plants, not 
        indigenous to Antarctica, which either may, or may not, 
        be introduced into Antarctica, and specify those 
        control measures which must be observed with respect to 
        any such animals or plants which are allowed to be so 
        introduced;
          [(9) specify the emergency circumstances with respect 
        to which the exclusion set forth in the last sentence 
        of section 4(a) applies; and
          [(10) set forth the form, content, and manner of 
        filing, if applicable, of all notices, reports, 
        declarations, or other documentation which may be 
        required incident to the carrying out of any act for 
        which a permit is required under section 5.

SEC. 6. REGULATIONS.

    (a) Regulations To Be Issued by the Director.--(1) The 
Director shall issue such regulations as are necessary and 
appropriate to implement Annex II and Annex V to the Protocol 
and the provisions of this Act which implement those annexes, 
including section 4(b)(2), (3), (4), and (5) of this Act. The 
Director shall designate as native species--
          (A) each species of the class Aves;
          (B) each species of the class Mammalia; and
          (C) each species of plant,
which is indigenous to Antarctica or which occurs there 
seasonally through natural migrations.
    (2) The Director, with the concurrence of the 
Administrator, shall issue such regulations as are necessary 
and appropriate to implement Annex III to the Protocol and the 
provisions of this Act which implement that Annex, including 
section 4(a), (1), (2), (3), and (4), and section 4(b)(1) of 
this Act.
    (3) The Director shall issue such regulations as are 
necessary and appropriate to implement Article 15 of the 
Protocol with respect to land areas and ice shelves in 
Antarctica.
    (4) The Director shall issue such additional regulations as 
are necessary and appropriate to implement the Protocol and 
this Act, except as provided in subsection (b).
    (b) Regulations To Be Issued by the Secretary of the 
Department in Which the Coast Guard Is Operating.--The 
Secretary of the Department in which the Coast Guard is 
operating shall issue such regulations as are necessary and 
appropriate, in addition to regulations issued under the Act to 
Prevent Pollution from Ships (33 U.S.C. 1901 et seq.), to 
implement Annex IV to the Protocol and the provisions of this 
Act which implement that Annex, and, with the concurrence of 
the Director, such regulations as are necessary and appropriate 
to implement Article 15 of the Protocol with respect to 
vessels.
    (c) Time Period for Regulations.--The regulations to be 
issued under subsection (a)(1) and (20 of this section shall be 
issued within 2 years after the date of the enactment of the 
Antarctic Environmental Protection Act of 1996. The regulations 
to be issued under subsection (a)(3) of this section shall be 
issued within 3 years after the date of the enactment of the 
Antarctic Environmental Protection Act of 1996.
          * * * * * * *

[SEC. 14.

    [(a) The first section of the Fishermen's Protective Act of 
1967 (22 U.S.C. 1971) is amended by adding at the end thereof 
the following new sentence: ``Notwithstanding any other law, 
the documentation or certification of any such vessel shall not 
be considered to be affected, for the purposes of this Act, in 
any manner or to any extent if at any time during any voyage 
for the purpose of fishing beyond the fishery conservation zone 
(as defined in section 3(8) of the Fishery Conservation and 
Management Act of 1976 (16 U.S.C. 1802(8)), the vessel is 
commanded by other than a citizen of the United States.''.
    [(b) The amendment made by subsection (a) shall take effect 
January 1, 1978.]

SEC. 14. SAVING PROVISIONS.

    (a) Regulations.--All regulations promulgated under this 
Act prior to the date of the enactment of the Antarctic 
Environmental Protection Act of 1996 shall remain in effect 
until superseding regulations are promulgated under section 6.
    (b) Permits.--All permits issued under this Act shall 
remain in effect until they expire in accordance with the terms 
of those permits.
                              ----------                              


                    ANTARCTIC PROTECTION ACT OF 1990

          * * * * * * *

[SEC. 2. FINDINGS AND PURPOSE.

    [(a) Findings.--Congress finds that--
          (1) the Antarctic continent with its associated and 
        dependent ecosystems is a distinctive environment 
        providing a habitat for many unique species and 
        offering a natural laboratory from which to monitor 
        critical aspects of stratospheric ozone depletion and 
        global climate change;
          [(2) Antarctica is protected by a series of 
        international agreements, including the Antarctic 
        Treaty and associated recommendations, the Convention 
        on the Conservation of Antarctic Seals, and the 
        Convention on the Conservation of Antarctic Marine 
        Living Resources, which are intended to conserve the 
        renewable natural resources of Antarctica and to 
        recognize the importance of Antarctica for the conduct 
        of scientific research;
          [(3) recurring and recent developments in Antarctica, 
        including increased siting of scientific stations, poor 
        waste disposal practices, oil spills, increased 
        tourism, and the over-exploitation of marine living 
        resources, have raised serious questions about the 
        adequacy and implementation of existing agreements and 
        domestic law to protect the Antarctic environment and 
        its living marine resources;
          [(4) the parties to the Antarctic Treaty have 
        negotiated a Convention on the Regulation of Antarctic 
        Mineral Resources Activities which the United States 
        has signed but not yet ratified;
          [(5) the Convention on the Regulation of Antarctic 
        Mineral Resources Activities does not guarantee the 
        preservation of the fragile environment of Antarctica 
        and could actually stimulate movement toward Antarctic 
        mineral resource activity;
          [(6) the exploitation of mineral resources in 
        Antarctica could lead to additional degradation of the 
        Antarctic environment, including increased risk of oil 
        spills;
          [(7) the Antarctic Treaty Consultative Parties have 
        agreed to a voluntary ban on Antarctic mineral resource 
        activities which needs to be made legally binding;
          [(8) the level of scientific study, including 
        necessary support facilities, has increased to the 
        point that some scientific programs may be degrading 
        the Antarctic environment; and
          [(9) the planned special consultative meeting of 
        parties to the Antarctic Treaty and the imminence of 
        the thirtieth anniversary of the Antarctic Treaty 
        provide opportunities for the United States to exercise 
        leadership toward protection and sound management of 
        Antarctica.
    [(b) Purpose.--The purpose of this Act is to--
          [(1) strengthen substantially overall environmental 
        protection of Antarctica;
          [(2) prohibit prospecting, exploration, and 
        development of Antarctic mineral resources by United 
        States citizens and other persons subject to the 
        jurisdiction of the United States;
          [(3) urge other nations to join the United States in 
        immediately negotiating one or more new agreements to 
        provide an indefinite ban on all Antarctic mineral 
        resource activities and comprehensive protection for 
        Antarctica and its associated and dependent ecosystems; 
        and
          [(4) urge all nations to consider a permanent ban on 
        Antarctic mineral resource activities.]

SEC. 2. FINDING AND PURPOSE.

    (a) Finding.--The Congress finds that the Protocol on 
Environmental Protection to the Antarctic Treaty prohibits 
indefinitely Antarctic mineral resource activities.
    (b) Purpose.--The purpose of this Act is to provide 
legislative authority to implement, with respect to the United 
States, Article 7 of the Protocol on Environmental Protection 
to the Antarctic Treaty.
          * * * * * * *

SEC. 4. PROHIBITION OF ANTARCTIC MINERAL RESOURCE ACTIVITIES.

    [Pending a new agreement among the Antarctic Treaty Consul- 
tative Parties in force for the United States, to which the 
Senate has given advice and consent or which is authorized by 
further legislation by the Congress, which provides an 
indefinite ban on Antarctic mineral resource activities, it] It 
is unlawful for any person to engage in, finance, or otherwise 
knowingly provide assistance to any Antarctic mineral resource 
activity.

[SEC. 5. INTERNATIONAL AGREEMENT.

    [(a) It is the sense of Congress that the Secretary of 
State should enter into negotiations with the Antarctic Treaty 
Consultative Parties to conclude one or more new international 
agreements to--
          [(1) conserve and protect permanently the natural 
        environment of Antarctica and its associated and 
        dependent ecosystems;
          [(2) prohibit or ban indefinitely Antarctic mineral 
        resource activities by all parties to the Antarctic 
        Treaty;
          [(3) grant Antarctica special protective status as a 
        land of science dedicated to wilderness protection, 
        international cooperation, and scientific research;
          [(4) ensure that the results of all scientific 
        investigations relating to geological processes and 
        structures be made openly available to the 
        international scientific community, as required by the 
        Antarctic Treaty; and
          [(5) include other comprehensive measures for the 
        protection of the Antarctic environment.
    [(b) It is the sense of Congress that any treaty or other 
international agreement submitted by the President to the 
Senate for its advice and consent to ratification relating to 
mineral resources or activities in Antarctica should be 
consistent with the purpose and provisions of this Act.]

SEC. [6] 5. ENFORCEMENT.

    (a) In General.--A violation of this Act or any regulation 
promulgated under this Act is deemed to be a violation of the 
Antarctic Marine Living Resources Convention Act (16 U.S.C. 
2431-2444) and shall be enforced under that Act by the Under 
Secretary or another Federal official to whom the Under 
Secretary has delegated this responsibility.
    (b) Penalty.--If the Under Secretary determines that a 
person has violated section 4--
          (1) that person shall be ineligible to locate a 
        mining claim under the mining laws of the United 
        States; and
          (2) the Secretary of the Interior shall refuse to 
        issue a patent under the mining laws of the United 
        States, or a lease under the laws of the United States 
        related to mineral or geothermal leasing, to any such 
        person who attempts to perfect such patent or lease 
        application after the Under Secretary has made such 
        determination.

[SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    [There are authorized to be appropriated--
          [(1) to the Under Secretary not more than $1,000,000 
        for each of fiscal years 1991 and 1992 to carry out the 
        purposes of this Act; and
          [(2) to the Secretary of State not more than $500,000 
        for each of fiscal years 1991 and 1992 to carry out 
        section 5 of this Act.]
                              ----------                              


                  ACT TO PREVENT POLLUTION FROM SHIPS

    Sec. 2. (a) Unless the context indicates otherwise, as used 
in this Act--
          (1) ``Antarctica'' means the area south of 60 degrees 
        south latitude;
          (2) ``Antarctic Protocol'' means the Protocol on 
        Environmental Protection to the Antarctic Treaty, 
        signed October 4, 1991, in Madrid, and all annexes 
        thereto, and includes any future amendments thereto 
        which have entered into force;
          [(1)] (3) ``MARPOL Protocol'' means the Protocol of 
        1978 relating to the International Convention for the 
        Prevention of Pollution from Ships, 1973, and includes 
        the Convention;
          [(2)] (4) ``Convention'' means the International 
        Convention for the Prevention of Pollution from Ships, 
        1973, including Protocols I and II and Annexes I, II, 
        and V thereto, including any modification or amendments 
        to the Convention, Protocols or Annexes which have 
        entered into force for the United States;
          [(3)] (5) ``discharge'' and ``garbage'' and ``harmful 
        substance'' and ``incident'' shall have the meanings 
        provided in the Convention;
          [(4)] (6) ``owner'' means any person holding title 
        to, or in the absence of title, any other indicia of 
        ownership of, a ship or terminal, but does not include 
        a person who, without participating in the management 
        or operation of a ship or terminal, holds indicia of 
        ownership primarily to protect a security interest in 
        the ship or terminal;
          [(5)] (7) ``operator'' means--
                  (a) in the case of a ship, a charterer by 
                demise or any other person, except the owner, 
                who is responsible for the operation, manning, 
                victualing, and supplying of the vessel, or
                  (b) in the case of a terminal, any person, 
                except the owner, responsible for the operation 
                of the terminal by agreement with the owner;
          [(6)] (8) ``person'' means an individual, firm, 
        public or private corporation, partnership, 
        association, State, municipality, commission, political 
        subdivision of a State, or any interstate body;
          [(7)] (9) ``Secretary'' means the Secretary of the 
        department in which the Coast Guard is operating;
          [(8)] (10) ``ship'' means a vessel of any type 
        whatsoever, including hydrofoils, air-cushion vehicles, 
        submersibles, floating craft whether self-propelled or 
        not, and fixed or floating platforms;
          [(9)] (11) ``submersible'' means a submarine, or any 
        other vessel designed to operate under water; and
          [(10)] (12) ``terminal'' means an onshore facility or 
        an offshore structure located in the navigable waters 
        of the United States or subject to the jurisdiction of 
        the United States and used, or intended to be used, as 
        a port or facility for the transfer or other handling 
        of a harmful substance.
          * * * * * * *
    (c) For the purposes of this Act, the requirements of Annex 
IV to the Antarctic Protocol shall apply in Antarctica to all 
vessels over which the United States has jurisdiction.
    Sec. 3. (a) * * *
    (b)(1) Except as provided in paragraph (2), this Act shall 
not apply to--
          (A) a warship, naval auxiliary, or other ship owned 
        or operated by the United States when engaged in 
        noncommercial service; or
          (B) any other ship specifically excluded by the 
        MARPOL Protocol  or the Antarctic Protocol.
          * * * * * * *
    Sec. 4. (a) Unless otherwise specified herein, the 
Secretary shall administer and enforce the MARPOL Protocol, 
Annex IV to the Antarctic Protocol, and this Act. In the 
administration and enforcement of the MARPOL Protocol and this 
Act, Annexes I and II of the MARPOL Protocol shall be 
applicable only to seagoing ships.
    (b)(1) The Secretary shall prescribe any necessary or 
desired regulations to carry out the provisions of the MARPOL 
Protocol, Annex IV to the Antarctic Protocol, or this Act.
    (2) The Secretary of the department in which the Coast 
Guard is operating shall--
          (A) [within 1 year after the effective date of this 
        paragraph,] prescribe regulations which--
                  (i) require certain ships described in 
                section 3(a)(1) to maintain refuse record books 
                and shipboard management plans, and to display 
                placards which notify the crew and passengers 
                of the requirements of Annex V to the 
                Convention and of Annex IV to the Antarctic 
                Protocol, and
          * * * * * * *
    Sec. 6. (a) * * *
    (b) In determining the adequacy of reception facilities 
required by the MARPOL Protocol or the Antarctic Protocol at a 
port or terminal, and in establishing regulations under 
subsection (a) of this section, the Secretary may consider, 
among other things, the number and types of ships, or seagoing 
ships using the port or terminal, including their principal 
trades.
          * * * * * * *
    (e)(1) Except in the case of force majeure, the Secretary 
shall deny entry to a seagoing ship required by the Convention 
or the Antarctic Protocol to retain onboard while at sea, 
residues and mixtures containing oil or noxious liquid 
substances, if--
          (A) the port or terminal is one required by the 
        Annexes I and II of the Convention or Article 9 of 
        Annex IV to the Antarctic Protocol or regulations 
        hereunder to have adequate reception facilities; and
          * * * * * * *
    (f) The Secretary is authorized to conduct surveys of 
existing reception facilities in the United States to determine 
measures needed to comply with the MARPOL Protocol or the 
Antarctic Protocol.
          * * * * * * *
    Sec. 8. (a) It is unlawful to act in violation of the 
MARPOL Protocol, Annex IV to the Antarctic Protocol, this Act, 
or the regulations issued thereunder. The Secretary shall 
cooperate with other parties to the MARPOL Protocol or to the 
Antarctic Protocol in the detection of violations and in 
enforcement of the MARPOL Protocol and Annex IV to the 
Antarctic Protocol. The Secretary shall use all appropriate and 
practical measures of detection and environmental monitoring, 
and shall establish adequate procedures for reporting 
violations and accumulating evidence.
    (b) Upon receipt of evidence that a violation has occurred, 
the Secretary shall cause the matter to be investigated. In any 
investigation under this section the Secretary may issue 
subpenas to require the attendance of any witness and the 
production of documents and other evidence. In case of refusal 
to obey a subpena issued to any person, the Secretary may 
request the Attorney General to invoke the aid of the 
appropriate district court of the United States to compel 
compliance. Upon completion of the investigation, the Secretary 
shall take the action required by the MARPOL Protocol or the 
Antarctic Protocol and whatever further action he considers 
appropriate under the circumstances. If the initial evidence 
was provided by a party to the MARPOL Protocol or the Antarctic 
Protocol, the Secretary, acting through the Secretary of State, 
shall inform that party of the action taken or proposed.
    (c)(1) This subsection applies to inspections relating to 
possible violations of Annex I or Annex II to the Convention, 
of Article 3 or Article 4 of Annex IV to the Antarctic 
Protocol, or of this Act by any seagoing ship referred to in 
section 3(a)(2) of this Act.
    (2) While at a port or terminal subject to the jurisdiction 
of the United States, a ship to which the MARPOL Protocol or 
the Antarctic Protocol applies may be inspected by the 
Secretary--
          (A) to verify whether or not the ship has discharged 
        a harmful substance in violation of the MARPOL 
        Protocol, Annex IV to the Antarctic Protocol, or this 
        Act; or
          (B) to comply with a request from a party to the 
        MARPOL Protocol or the Antarctic Protocol for an 
        investigation as to whether the ship may have 
        discharged a harmful substance anywhere in violation of 
        the MARPOL Protocol or Annex IV to the Antarctic 
        Protocol. An investigation may be undertaken under this 
        clause only when the requesting party has furnished 
        sufficient evidence to allow the Secretary reasonably 
        to believe that a discharge has occurred.
If an inspection under this subsection indicates that a 
violation has occurred, the investigating officer shall forward 
a report to the Secretary for appropriate action. The Secretary 
shall undertake to notify the master of the ship concerned and, 
acting in coordination with the Secretary of State, shall take 
any additional action required by Article 6 of the Convention.
    (d)(1) The Secretary may inspect a ship referred to in 
section 3(a)(3) of this Act to verify whether the ship has 
disposed of garbage in violation of Annex V to the Convention, 
Article 5 of Annex IV to the Antarctic Protocol, or this Act.
          * * * * * * *
    (e)(1) The Secretary may inspect at any time a ship of 
United States registry or nationality or operating under the 
authority of the United States to which the MARPOL Protocol or 
the Antarctic Protocol applies to verify whether the ship has 
discharged a harmful substance or disposed of garbage in 
violation of [that Protocol] those Protocols or this Act.
    (2) If an inspection under this subsection indicates that a 
violation of the MARPOL Protocol, of Annex IV to the Antarctic 
Protocol, or of this Act has occurred the Secretary may 
undertake enforcement action under section 9 of this Act.
          * * * * * * *
    Sec. 9. (a) A person who knowingly violates the MARPOL 
Protocol, Annex IV to the Antarctic Protocol, This Act, or the 
regulations issued thereunder commits a class D felony. In the 
discretion of the Court, an amount equal to not more than \1/2\ 
of such fine may be paid to the person giving information 
leading to conviction.
    (b) A person who is found by the Secretary, after notice 
and an opportunity for a hearing, to have--
          (1) violated the MARPOL Protocol, Annex IV to the 
        Antarctic Protocol, this Act, or the regulations issued 
        thereunder shall be liable to the United States for a 
        civil penalty, not to exceed $25,000 for each 
        violation; or
          (2) made a false, fictitious, or fraudulent statement 
        or representation in any matter in which a statement or 
        representation is required to be made to the Secretary 
        under the MARPOL Protocol, Annex IV to the Antarctic 
        Protocol, this Act, or the regulations thereunder, 
        shall be liable to the United States for a civil 
        penalty, not to exceed $5,000 for each statement or 
        representation.
Each day of a continuing violation shall constitute a separate 
violation. The amount of the civil penalty shall be assessed by 
the Secretary, or his designee, by written notice. In 
determining the amount of the penalty, the Secretary shall take 
into account the nature, circumstances, extent, and gravity of 
the prohibited acts committed and, with respect to the 
violator, the degree of culpability, any history of prior 
offenses, ability to pay, and other matters as justice may 
require. An amount equal to not more than \1/2\ of such 
penalties may be paid by the Secretary to the person giving 
information leading to the assessment of such penalties.
          * * * * * * *
    (d) A ship operated in violation of the MARPOL Protocol, 
Annex IV to the Antarctic Protocol, this Act, or the 
regulations thereunder is liable in rem for any fine imposed 
under subsection (a) or civil penalty assessed pursuant to 
subsection (b), and may be proceeded against in the United 
States district court of any district in which the ship may be 
found.
    (e) If any ship subject to the MARPOL Protocol, Annex IV to 
the Antarctic Protocol, or this Act, its owner, operator, or 
person in charge is liable for a fine or civil penalty under 
this section, or if reasonable cause exists to believe that the 
ship, its owner, operator, or person in charge may be subject 
to a fine or civil penalty under this section, the Secretary of 
the Treasury, upon the request of the Secretary, shall refuse 
or revoke the clearance required by section 4197 of the Revised 
Statutes of the United States (46 U.S.C. App. 91). Clearance 
may be granted upon the filing of a bond or other surety 
satisfactory to the Secretary.
    (f) Notwithstanding subsection (a), (b), or (d) of this 
section, if the violation is by a ship registered in or of the 
nationality of a country party to the MARPOL Protocol or the 
Antarctic Protocol, or one operated under the authority of a 
country party to the MARPOL Protocol or the Antarctic Protocol, 
the Secretary, acting in coordination with the Secretary of 
State, may refer the matter to the government of the country of 
the ship's registry or nationality, or under whose authority 
the ship is operating for appropriate action, rather than 
taking the actions required or authorized by this section.
          * * * * * * *

                     XII. Committee Recommendations

    On April 24, 1996, a quorum being present, the Committee 
favorably reported H.R. 3060, the Antarctic Environmental 
Protection Act of 1996, by voice vote, and recommends its 
enactment.
               XIII. Proceedings of Full Committee Markup


   FULL COMMITTEE MARKUP ON H.R. 3060--TO IMPLEMENT THE PROTOCOL ON 
            ENVIRONMENTAL PROTECTION TO THE ANTARCTIC TREATY

                              ----------                              


                       WEDNESDAY, APRIL 24, 1996

             U.S. House of Representatives,
                              Committee on Science,
                                                    Washington, DC.
    The Committee met at 10:10 a.m. in Room 2318 of the Rayburn 
House Office Building, the Honorable Robert S. Walker, Chairman 
of the Committee, presiding.
    The Chairman. As I'm sure you know, the Committee on 
Science is meeting today to consider H.R. 3060, the Antarctic 
Environmental Protection Act of 1996, and the Omnibus Civilian 
Science Authorization Act of 1996.
    I ask unanimous consent for authority to recess at any 
point.
    With that, we will now consider H.R. 3060, the Antarctic 
Environmental Protection Act of 1996.
    I ask unanimous consent that the bill be considered as read 
and open for amendment at any point. Without objection.
    [The text of the bill and a summary of its major provisions 
follow:]








104th CONGRESS
  2d Session
                                H. R. 3060

To implement the Protocol on Environmental Protection to the Antarctic 
                                Treaty.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 12, 1996

  Mr. Walker (for himself, Mr. Brown of California, Mrs. Morella, Mr. 
    Schiff, Mr. Rohrabacher, Mr. Cramer, Mr. Davis, Mr. Ehlers, Mr. 
 Boehlert, Mr. Weldon of Pennsylvania, Mrs. Seastrand, Mr. Hastings of 
 Florida, Ms. Lofgren, Mr. McHale, Ms. Eddie Bernice Johnson of Texas, 
  Mr. Minge, Mr. Olver, Ms. Rivers, Ms. Jackson-Lee of Texas, and Mr. 
Baker of California) introduced the following bill; which was referred 
   to the Committee on Science, and in addition to the Committees on 
International Relations and Resources, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________


                                 A BILL


To implement the Protocol on Environmental Protection to the Antarctic 
                                Treaty.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Antarctic Environmental Protection 
Act of 1996''.

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

SEC. 101. FINDINGS AND PURPOSE.

    Section 2 of the Antarctic Conservation Act of 1978 (16 U.S.C. 
2401) is amended to read as follows:

``SEC. 2. FINDINGS AND PURPOSE.

    ``(a) Findings.--The Congress finds that the Antarctic Treaty and 
the Protocol on Environmental Protection to the Antarctic Treaty 
establish a firm foundation for the comprehensive protection of the 
Antarctic environment, the continuation of international cooperation, 
and the freedom of scientific investigation in Antarctica.
    ``(b) Purpose.--The purpose of this Act is to provide legislative 
authority to implement, with respect to the United States, the Protocol 
on Environmental Protection to the Antarctic Treaty.''.

SEC. 102. DEFINITIONS.

    Section 3 of the Antarctic Conservation Act of 1978 (16 U.S.C. 
2402) is amended to read as follows:

``SEC. 3. DEFINITIONS.

    ``For purposes of this Act--
            ``(1) the term `Administrator' means the Administrator of 
        the Environmental Protection Agency;
            ``(2) the term `Antarctica' means the area south of 60 
        degrees south latitude;
            ``(3) the term `Antarctic Specially Protected Area' means 
        an area identified as such pursuant to Annex V to the Protocol;
            ``(4) the term `Director' means the Director of the 
        National Science Foundation;
            ``(5) the term `harmful interference' means--
                    ``(A) flying or landing helicopters or other 
                aircraft in a manner that disturbs concentrations of 
                birds or seals;
                    ``(B) using vehicles or vessels, including 
                hovercraft and small boats, in a manner that disturbs 
                concentrations of birds or seals;
                    ``(C) using explosives or firearms in a manner that 
                disturbs concentrations of birds or seals;
                    ``(D) willfully disturbing breeding or molting 
                birds or concentrations of birds or seals by persons on 
                foot;
                    ``(E) significantly damaging concentrations of 
                native terrestrial plants by landing aircraft, driving 
                vehicles, or walking on them, or by other means; and
                    ``(F) any activity that results in the significant 
                adverse modification of habitats of any species or 
                population of native mammal, native bird, native plant, 
                or native invertebrate;
            ``(6) the term `historic site or monument' means any site 
        or monument listed as a historic site or monument pursuant to 
        Annex V to the Protocol;
            ``(7) the term `impact' means impact on the Antarctic 
        environment and dependent and associated ecosystems;
            ``(8) the term `import' means to land on, bring into, or 
        introduce into, or attempt to land on, bring into or introduce 
        into, any place subject to the jurisdiction of the United 
        States, including the 12-mile territorial sea of the United 
        States, whether or not such act constitutes an importation 
        within the meaning of the customs laws of the United States;
            ``(9) the term `native bird' means any member, at any stage 
        of its life cycle (including eggs), of any species of the class 
        Aves which is indigenous to Antarctica or occurs there 
        seasonally through natural migrations, and includes any part of 
        such member;
            ``(10) the term `native invertebrate' means any terrestrial 
        or freshwater invertebrate, at any stage of its life cycle, 
        which is indigenous to Antarctica, and includes any part of 
        such invertebrate;
            ``(11) the term `native mammal' means any member, at any 
        stage of its life cycle, of any species of the class Mammalia, 
        which is indigenous to Antarctica or occurs there seasonally 
        through natural migrations, and includes any part of such 
        member;
            ``(12) the term `native plant' means any terrestrial or 
        freshwater vegetation, including bryophytes, lichens, fungi, 
        and algae, at any stage of its life cycle (including seeds and 
        other propagules), which is indigenous to Antarctica, and 
        includes any part of such vegetation;
            ``(13) the term `non-native species' means any species of 
        animal or plant which is not indigenous to Antarctica and does 
        not occur there seasonally through natural migrations;
            ``(14) the term `person' has the meaning given that term in 
        section 1 of title 1, United States Code, and includes any 
        person subject to the jurisdiction of the United States and any 
        department, agency, or other instrumentality of the Federal 
        Government or of any State or local government;
            ``(15) the term `prohibited product' means any substance 
        banned from introduction onto land or ice shelves or into water 
        in Antarctica pursuant to Annex III to the Protocol;
            ``(16) the term `prohibited waste' means any substance 
        which must be removed from Antarctica pursuant to Annex III to 
        the Protocol, but does not include materials used for balloon 
        envelopes required for scientific research and weather 
        forecasting;
            ``(17) the term `Protocol' means the Protocol on 
        Environmental Protection to the Antarctic Treaty, signed 
        October 4, 1991, in Madrid, and all annexes thereto, including 
        any future amendments thereto to which the United States is a 
        party;
            ``(18) the term `Secretary' means the Secretary of 
        Commerce;
            ``(19) the term `Specially Protected Species' means any 
        native species designated as a Specially Protected Species 
        pursuant to Annex II to the Protocol;
            ``(20) the term `take' means to kill, injure, capture, 
        handle, or molest a native mammal or bird, or to remove or 
        damage such quantities of native plants that their local 
        distribution or abundance would be significantly affected;
            ``(21) the term `Treaty' means the Antarctic Treaty signed 
        in Washington, DC, on December 1, 1959;
            ``(22) the term `United States' means the several States of 
        the Union, the District of Columbia, the Commonwealth of Puerto 
        Rico, American Samoa, the Virgin Islands, Guam, the 
        Commonwealth of the Northern Mariana Islands, and any other 
        commonwealth, territory, or possession of the United States; 
        and
            ``(23) the term `vessel subject to the jurisdiction of the 
        United States' includes any `vessel of the United States' and 
        any `vessel subject to the jurisdiction of the United States' 
        as those terms are defined in section 303 of the Antarctic 
        Marine Living Resources Convention Act of 1984 (16 U.S.C. 
        2432).''.

SEC. 103. PROHIBITED ACTS.

    Section 4 of the Antarctic Conservation Act of 1978 (16 U.S.C. 
2403) is amended to read as follows:

``SEC. 4. PROHIBITED ACTS.

    ``(a) In General.--It is unlawful for any person--
            ``(1) to introduce any prohibited product onto land or ice 
        shelves or into water in Antarctica;
            ``(2) to dispose of any waste onto ice-free land areas or 
        into fresh water systems in Antarctica;
            ``(3) to dispose of any prohibited waste in Antarctica;
            ``(4) to engage in open burning of waste;
            ``(5) to transport passengers to, from, or within 
        Antarctica by any seagoing vessel not required to comply with 
        the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et 
        seq.), unless the person has an agreement with the vessel owner 
        or operator under which the owner or operator is required to 
        comply with Annex IV to the Protocol;
            ``(6) who organizes, sponsors, operates, or promotes a 
        nongovernmental expedition to Antarctica, and who does business 
        in the United States, to fail to notify all members of the 
        expedition of the environmental protection obligations of this 
        Act, and of actions which members must take, or not take, in 
        order to comply with those obligations;
            ``(7) to damage, remove, or destroy a historic site or 
        monument;
            ``(8) to refuse permission to any authorized officer or 
        employee of the United States to board a vessel, vehicle, or 
        aircraft of the United States, or subject to the jurisdiction 
        of the United States, for the purpose of conducting any search 
        or inspection in connection with the enforcement of this Act or 
        any regulation promulgated or permit issued under this Act;
            ``(9) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with any authorized officer or 
        employee of the United States in the conduct of any search or 
        inspection described in paragraph (8);
            ``(10) to resist a lawful arrest or detention for any act 
        prohibited by this section;
            ``(11) to interfere with, delay, or prevent, by any means, 
        the apprehension, arrest, or detention of another person, 
        knowing that such other person has committed any act prohibited 
        by this section;
            ``(12) to violate any regulation issued under this Act, or 
        any term or condition of any permit issued to that person under 
        this Act; or
            ``(13) to attempt to commit or cause to be committed any 
        act prohibited by this section.
    ``(b) Acts Prohibited Unless Authorized by Permit.--It is unlawful 
for any person, unless authorized by a permit issued under this Act--
            ``(1) to dispose of any waste in Antarctica (except as 
        otherwise authorized by the Act to Prevent Pollution from 
        Ships) including--
                    ``(A) disposing of any waste from land into the sea 
                in Antarctica; and
                    ``(B) incinerating any waste on land or ice shelves 
                in Antarctica, or on board vessels at points of 
                embarcation or debarcation, other than through the use 
                at remote field sites of incinerator toilets for human 
                waste;
            ``(2) to introduce into Antarctica any member of a 
        nonnative species;
            ``(3) to enter or engage in activities within any Antarctic 
        Specially Protected Area;
            ``(4) to engage in any taking or harmful interference in 
        Antarctica; or
            ``(5) to receive, acquire, transport, offer for sale, sell, 
        purchase, import, export, or have custody, control, or 
        possession of, any native bird, native mammal, or native plant 
        which the person knows, or in the exercise of due care should 
        have known, was taken in violation of this Act.
    ``(c) Exception for Emergencies.--No act described in subsection 
(a)(1), (2), (3), (4), (5), (7), (12), or (13) or in subsection (b) 
shall be unlawful if the person committing the act reasonably believed 
that the act was committed under emergency circumstances involving the 
safety of human life or of ships, aircraft, or equipment or facilities 
of high value, or the protection of the environment.''.

SEC. 104. ENVIRONMENTAL IMPACT ASSESSMENT.

    The Antarctic Conservation Act of 1978 is amended by inserting 
after section 4 the following new section:

``SEC. 4A. ENVIRONMENTAL IMPACT ASSESSMENT.

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

SEC. 105. PERMITS.

    Section 5 of the Antarctic Conservation Act of 1978 (16 U.S.C. 
2404) is amended--
            (1) in subsection (a) by striking ``section 4(a)'' and 
        inserting in lieu thereof ``section 4(b)'';
            (2) in subsection (c)(1)(B) by striking ``Special'' and 
        inserting in lieu thereof ``Species''; and
            (3) in subsection (e)--
                    (A) by striking ``or native plants to which the 
                permit applies,'' in paragraph (1)(A)(i) and inserting 
                in lieu thereof ``native plants, or native 
                invertebrates to which the permit applies, and'';
                    (B) by striking paragraph (1)(A)(ii) and (iii) and 
                inserting in lieu thereof the following new clause:
                    ``(ii) the manner in which the taking or harmful 
                interference shall be conducted (which manner shall be 
                determined by the Director to be humane) and the area 
                in which it will be conducted;'';
                    (C) by striking ``within Antarctica (other than 
                within any specially protected area)'' in paragraph 
                (2)(A) and inserting in lieu thereof ``or harmful 
                interference within Antarctica'';
                    (D) by striking ``specially protected species'' in 
                paragraph (2)(A) and (B) and inserting in lieu thereof 
                ``Specially Protected Species'';
                    (E) by striking ``; and'' at the end of paragraph 
                (2)(A)(i)(II) and inserting in lieu thereof ``, or'';
                    (F) by adding after paragraph (2)(A)(i)(II) the 
                following new subclause:
                            ``(III) for unavoidable consequences of 
                        scientific activities or the construction and 
                        operation of scientific support facilities; 
                        and'';
                    (G) by striking ``with Antarctica and'' in 
                paragraph (2)(A)(ii)(II) and inserting in lieu thereof 
                ``within Antarctica are''; and
                    (H) by striking subparagraphs (C) and (D) of 
                paragraph (2) and inserting in lieu thereof the 
                following new subparagraph:
            ``(C) A permit authorizing the entry into an Antarctic 
        Specially Protected Area shall be issued only--
                    ``(i) if the entry is consistent with an approved 
                management plan, or
                    ``(ii) if a management plan relating to the area 
                has not been approved but--
                            ``(I) there is a compelling purpose for 
                        such entry which cannot be served elsewhere, 
                        and
                            ``(II) the actions allowed under the permit 
                        will not jeopardize the natural ecological 
                        system existing in such area.''.

SEC. 106. REGULATIONS.

    Section 6 of the Antarctic Conservation Act of 1978 (16 U.S.C. 
2405) is amended to read as follows:

``SEC. 6. REGULATIONS.

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

SEC. 107. SAVING PROVISIONS.

    Section 14 of the Antarctic Conservation Act of 1978 is amended to 
read as follows:

``SEC. 14. SAVING PROVISIONS.

    ``(a) Regulations.--All regulations promulgated under this Act 
prior to the date of the enactment of the Antarctic Environmental 
Protection Act of 1996 shall remain in effect until superseding 
regulations are promulgated under section 6.
    ``(b) Permits.--All permits issued under this Act shall remain in 
effect until they expire in accordance with the terms of those 
permits.''.

        TITLE II--AMENDMENTS TO ANTARCTIC PROTECTION ACT OF 1990

SEC. 201. FINDING AND PURPOSE.

    Section 2 of the Antarctic Protection Act of 1990 (16 U.S.C. 2461) 
is amended to read as follows:

``SEC. 2. FINDING AND PURPOSE.

    ``(a) Finding.--The Congress finds that the Protocol on 
Environmental Protection to the Antarctic Treaty prohibits indefinitely 
Antarctic mineral resource activities.
    ``(b) Purpose.--The purpose of this Act is to provide legislative 
authority to implement, with respect to the United States, Article 7 of 
the Protocol on Environmental Protection to the Antarctic Treaty.''.

SEC. 202. PROHIBITION OF ANTARCTIC MINERAL RESOURCE ACTIVITIES.

    Section 4 of the Antarctic Protection Act of 1990 (16 U.S.C. 2463) 
is amended by striking ``Pending a new agreement among the Antarctic 
Treaty Consultative Parties in force for the United States, to which 
the Senate has given advice and consent or which is authorized by 
further legislation by the Congress, which provides an indefinite ban 
on Antarctic mineral resource activities, it'' and inserting in lieu 
thereof ``It''.

SEC. 203. ADDITIONAL AMENDMENTS.

    (a) Repeals.--Sections 5 and 7 of the Antarctic Protection Act of 
1990 (16 U.S.C. 2464 and 2466) are repealed.
    (b) Redesignation.--Section 6 of the Antarctic Protection Act of 
1990 (16 U.S.C. 2465) is redesignated as section 5.

    TITLE III--AMENDMENTS TO THE ACT TO PREVENT POLLUTION FROM SHIPS

    (a) Definitions.--Section 2 of the Act to Prevent Pollution from 
Ships (33 U.S.C. 1901) is amended--
            (1) by redesignating paragraphs (1) through (9) of 
        subsection (a) as paragraphs (3) through (11), respectively;
            (2) by inserting before paragraph (3), as so redesignated 
        by paragraph (1) of this subsection, the following new 
        paragraphs:
            ``(1) `Antarctica' means the area south of 60 degrees south 
        latitude;
            ``(2) `Antarctic Protocol' means the Protocol on 
        Environmental Protection to the Antarctic Treaty, signed 
        October 4, 1991, in Madrid, and all annexes thereto, and 
        includes any future amendments thereto which have entered into 
        force;''; and
            (3) by adding at the end the following new subsection:
    ``(c) For the purposes of this Act, the requirements of Annex IV to 
the Antarctic Protocol shall apply in Antarctica to all vessels over 
which the United States has jurisdiction.''.
    (b) Application of Act.--Section 3(b)(1)(B) of the Act to Prevent 
Pollution from Ships (33 U.S.C. 1902(b)(1)(B)) is amended by inserting 
``or the Antarctic Protocol'' after ``MARPOL Protocol''.
    (c) Administration.--Section 4 of the Act to Prevent Pollution from 
Ships (33 U.S.C. 1903) is amended--
            (1) by inserting ``, Annex IV to the Antarctic Protocol,'' 
        after ``the MARPOL Protocol'' in the first sentence of 
        subsection (a);
            (2) in subsection (b)(1) by inserting ``, Annex IV to the 
        Antarctic Protocol,'' after ``the MARPOL Protocol'';
            (3) in subsection (b)(2)(A) by striking ``within 1 year 
        after the effective date of this paragraph,''; and
            (4) in subsection (b)(2)(A)(i) by inserting ``and of Annex 
        IV to the Antarctic Protocol'' after ``the Convention''.
    (d) Pollution Reception Facilities.--Section 6 of the Act to 
Prevent Pollution from Ships (33 U.S.C. 1905) is amended--
            (1) in subsection (b) by inserting ``or the Antarctic 
        Protocol'' after ``the MARPOL Protocol'';
            (2) in subsection (e)(1) by inserting ``or the Antarctic 
        Protocol'' after ``the Convention'';
            (3) in subsection (e)(1)(A) by inserting ``or Article 9 of 
        Annex IV to the Antarctic Protocol'' after ``the Convention''; 
        and
            (4) in subsection (f) by inserting ``or the Antarctic 
        Protocol'' after ``the MARPOL Protocol''.
    (e) Violations.--Section 8 of the Act to Prevent Pollution from 
Ships (33 U.S.C. 1907) is amended--
            (1) in the first sentence of subsection (a) by inserting 
        ``Annex IV to the Antarctic Protocol,'' after ``MARPOL 
        Protocol,'';
            (2) in the second sentence of subsection (a)--
                    (A) by inserting ``or to the Antarctic Protocol'' 
                after ``to the MARPOL Protocol''; and
                    (B) by inserting ``and Annex IV to the Antarctic 
                Protocol'' after ``of the MARPOL Protocol'';
            (3) in subsection (b) by inserting ``or the Antarctic 
        Protocol'' after ``MARPOL Protocol'' both places it appears;
            (4) in subsection (c)(1) by inserting ``, of Article 3 or 
        Article 4 of Annex IV to the Antarctic Protocol,'' after ``to 
        the Convention'';
            (5) in subsection (c)(2) by inserting ``or the Antarctic 
        Protocol'' after ``which the MARPOL Protocol'';
            (6) in subsection (c)(2)(A) by inserting ``, Annex IV to 
        the Antarctic Protocol,'' after ``MARPOL Protocol'';
            (7) in subsection (c)(2)(B)--
                    (A) by inserting ``or the Antarctic Protocol'' 
                after ``to the MARPOL Protocol''; and
                    (B) by inserting ``or Annex IV to the Antarctic 
                Protocol'' after ``of the MARPOL Protocol'';
            (8) in subsection (d)(1) by inserting ``, Article 5 of 
        Annex IV to the Antarctic Protocol,'' after ``Convention'';
            (9) in subsection (e)(1)--
                    (A) by inserting ``or the Antarctic Protocol'' 
                after ``MARPOL Protocol''; and
                    (B) by striking ``that Protocol'' and inserting in 
                lieu thereof ``those Protocols''; and
            (10) in subsection (e)(2) by inserting ``, of Annex IV to 
        the Antarctic Protocol,'' after ``MARPOL Protocol''.
    (f) Penalties.--Section 9 of the Act to Prevent Pollution from 
Ships (33 U.S.C. 1908) is amended--
            (1) in subsection (a) by inserting ``, Annex IV to the 
        Antarctic Protocol,'' after ``MARPOL Protocol,'';
            (2) in subsection (b)(1) by inserting ``, Annex IV to the 
        Antarctic Protocol,'' after ``MARPOL Protocol,'';
            (3) in subsection (b)(2) by inserting ``, Annex IV to the 
        Antarctic Protocol,'' after ``MARPOL Protocol,'';
            (4) in subsection (d) by inserting ``, Annex IV to the 
        Antarctic Protocol,'' after ``MARPOL Protocol,'';
            (5) in subsection (e) by inserting ``, Annex IV to the 
        Antarctic Protocol,'' after ``MARPOL Protocol''; and
            (6) in subsection (f) by inserting ``or the Antarctic 
        Protocol'' after ``MARPOL Protocol'' both places it appears.
     H.R. 3060, The Antarctic Environmental Protection Act of 1996

                      Summary of Major Provisions

The purpose of the bill is to implement the Protocol on Environmental 
Protection to the Antarctic Treaty.

Title I. Amends the Antarctic Conservation Act (ACA) of 1978.

Sec. 103. Specifies prohibited actions associated with disposal of 
pollutants, harming historic sites, control of tourism, interference 
with enforcement officials, and violation of regulations and permits. 
Specifies actions which are prohibited unless authorized by a permit, 
including waste disposal, introduction of non-native species, entering 
protected areas, disturbing native species, and transporting or 
possessing native birds, mammals or plants. Some exceptions to these 
prohibitions are allowed under emergency circumstances.

Sec. 104. Establishes the policy that obligations under the Protocol 
for environmental impact assessments for federal agency activities are 
to be satisfied by application of the National Environmental Policy 
Act. Specifies that environmental impact assessments for Antarctic 
joint activities (to be defined through regulations) carried out in 
cooperation with one or more foreign governments shall not be conducted 
by the United States, provided that the Secretary of State determines 
that a major part of the joint activity is being contributed by another 
nation, which is coordinating the environmental assessment and which 
has acceded to the Protocol. The Administrator of EPA is required to 
promulgate regulations to provide for the environmental impact 
assessment of non-governmental activities, such as tourism.

Sec. 105. Amends the Permits section of the ACA to conform to the 
terminology and requirements of the Protocol, including specifying the 
need for a permit for killing or capturing native birds or mammals 
associated with scientific activities or the construction and operation 
of scientific support facilities.

Sec. 106. Specifies, with two exceptions noted subsequently, that NSF 
shall issue all regulations to implement the Protocol and Act, 
including Annex II (Conservation of Antarctic Fauna and Flora), Annex V 
(Area Protection and Management), and Article 15 (Emergency Response 
Action) with respect to land areas and ice shelves. Specifies that NSF 
shall, with the concurrence of EPA, issue regulations to implement 
Annex III (Waste Disposal and Waste Management) of the Protocol. 
Specifies that the Coast Guard shall issue regulations to implement 
Annex IV (Prevention of Marine Pollution) of the Protocol and, with the 
concurrence of NSF, shall issue regulations to implement Article 15 of 
the Protocol with respect to ships.

Title II. Amends the Antarctic Protection Act of 1990 to bring it into 
conformity with the ban on mineral resource activities in Article 7 of 
the Protocol.

Title III. Amends the Act to Prevent Pollution from Ships by inserting 
such references to Annex IV of the Protocol as necessary to implement 
the Protocol's provisions on prevention of marine pollution.

    The Chairman. This first bill before us today has over 20 
co-sponsors. And, I want to thank, in particular, the 
Subcommittee Chairs, Connie Morella, Steve Schiff and Dana 
Rohrabacher, and the Ranking Member, Mr. Brown, for their 
support of this bill.
    H.R. 3060 provides the legislative authority necessary for 
the United States to implement the 1991 Protocol on 
Environmental Protection to the Antarctic Treaty.
    The Protocol, which resulted from a United States 
initiative, represents an important addition to the uniquely 
successful system of peaceful cooperation and scientific 
research that has evolved under the Antarctic Treaty. The U.S. 
Senate gave its advice and consent to ratification of the 
Protocol in 1992.
    All that remains for the United States to become a party to 
the Protocol is to enact the necessary implementing 
legislation. The Protocol will activate when all 26 of the 
Antarctic Treaty consultative parties implement it.
    So far, 20 of the consultative parties have done so. The 
United States' ratification will provide impetus for the 
remaining five to join, as well.
    Implementation of the Protocol has been a priority of both 
Republicans and Democrats since the Protocol was negotiated in 
1991. The Protocol builds upon the Antarctic Treaty to improve 
the Treaty's effectiveness for ensuring the protection of the 
Antarctic environment.
    The Protocol reaffirms the Treaty's use of Antarctica 
exclusively for peaceful purposes and accords priority to 
scientific research among the permitted activities. The 
Protocol prohibits mineral resource activities, other than 
scientific research in Antarctica.
    Its annexes, which form an integral part of the Protocol, 
set out specific rules on environmental impact assessment, 
conservation of Antarctic fauna and flora, waste disposal and 
management, the prevention of marine pollution and the area 
protection and management.
    Last week, the Committee held a hearing on this bill. The 
State Department, the National Science Foundation and 
interested environmental groups have played an important role 
in supporting the legislation. Every witness before the 
Committee strongly endorsed this bill exactly as written; and, 
in particular, the World Wildlife Fund and members of the 
Antarctic and Southern Ocean Coalition recommended its 
expeditious passage.
    I feel the markup of this bill is timely, in that the 
representatives of the United States will be attending the 20th 
annual Antarctic Treaty Consultative meeting later on this 
month in the Netherlands. Our representatives will be able to 
report that we are making legislative progress toward 
implementing the Treaty and that it reflects America's 
continued commitment to the protection of the Antarctic 
environment.
    In conclusion, I believe we have crafted a good bill. I 
urge my colleagues to support the legislation.
    [The opening statement of Chairman Walker follows:]
   Opening Statement of Chairman Robert S. Walker on H.R. 3060, the 
             Antarctic Environmental Protection Act of 1996
    The first bill before us today is H.R. 3060, the Antarctic 
Environmental Protection Act of 1996.
    With over twenty co-sponsors, I want to thank in particular the 
Subcommittee Chairs, Connie Morella, Steve Schiff, and Dana 
Rohrabacher, and the ranking Member, Mr. Brown, for their support of 
this bill.
    H.R. 3060 provides the legislative authority necessary for the 
United States to implement the 1991 Protocol on Environmental 
Protection to the Antarctic Treaty. The Protocol, which resulted from a 
United States initiative, represents an important addition to the 
uniquely successful system of peaceful cooperation and scientific 
research that has evolved under the Antarctic Treaty. 
    The U.S. Senate gave its advice and consent to ratification of the 
Protocol in 1992. All that remains for the United States to become a 
Party to the Protocol is to enact the necessary implementing 
legislation. The Protocol will activate when all twenty-six of the 
Antarctic Treaty Consultative Parties implement it. So far, twenty of 
the Consultative Parties have done so. The United States' ratification 
will provide impetus for the remaining five to join, as well.
    Implementation of the Protocol has been a priority of both 
Republicans and Democrats since the Protocol was negotiated in 1991. 
The Protocol builds upon the Antarctic Treaty to improve the treaty's 
effectiveness for ensuring the protection of the Antarctic environment. 
The Protocol reaffirms the Treaty's use of Antarctica exclusively for 
peaceful purposes, and accords priority to scientific research among 
the permitted activities.
    The Protocol prohibits mineral resource activities, other than 
scientific research, in Antarctica. Its Annexes, which form an integral 
part of the Protocol, set out specific rules on environmental impact 
assessment, conservation of Antarctic fauna and flora, waste disposal 
and management, the prevention of marine pollution, and area protection 
and management.
    Last week, the Committee held a hearing on this bill. The State 
Department, the National Science Foundation, and interested 
environmental groups have played an important role in supporting this 
bill. Every witness before the Committee strongly endorsed this bill 
and, in particular, the World Wildlife Fund and members of the 
Antarctic and Southern Ocean Coalition recommend its expeditious 
passage.
    I feel this mark-up is timely in that representatives of the United 
States will be attending the twentieth annual Antarctic Treaty 
Consultative Meeting later this month in the Netherlandss. 
    Our representatives will be able to report that we are making 
legislative progress toward implementing the treaty, and that reflects 
America's continued commitment to the protection of the Antarctic 
environment.
    In conclusion, we have crafted a good bill. I urge my colleagues to 
support this legislation.

    The Chairman. I would now recognize Mr. Brown for any 
remarks he might wish to make.
    Mr. Brown. Thank you, Mr. Chairman. I'm pleased to join 
Chairman Walker in endorsing H.R. 3060, a bill to implement the 
Environmental Protocol to the Antarctic Treaty.
    And, I congratulate him for bringing the bill before the 
Committee for its consideration today and for his excellent 
summary of the provisions of the bill.
    And, I ask unanimous consent to put the rest of my 
excellent statement in the record at this point.
    The Chairman. Without objection.
    [The opening statement of Mr. Brown follows:]
Opening Statement of the Honorable George E. Brown, Jr. (D-CA), Ranking 
                Democratic Member, Committee on Science
    I am pleased to join Chairman Walker in endorsing H.R. 3060, a bill 
to implement the Environmental Protocol to the Antarctic Treaty, and I 
congratulate him for bringing the bill before the Committee for its 
consideration today.
    This is an auspicious moment. As we learned from the Committee's 
hearing last week, we have a bill with bipartisan congressional support 
and endorsements from the Administration, the major environmental 
advocacy groups, and the Antarctic research community. In fact, none of 
the witnesses at the hearing offered a single suggestion for changes to 
the bill.
    All recognize the importance of protecting this unique world 
resource, while allowing valuable research to go forward, and all 
support H.R. 3060 as the vehicle to implement the Protocol for U.S. 
activities in Antarctica.
    Protection of the Antarctic environment is important both because 
of Antarctica's intrinsic value as one of the last pristine regions of 
the globe and because it has enormous value as a scientific laboratory. 
Scientists from many nations conduct research there in a broad range of 
areas in the physical and biological sciences. Antarctica is especially 
important as a research platform for studies of world climate and 
global environmental change. Environmental degradation could impair 
much of this research.
    The Protocol was developed with strong U.S. leadership and through 
consultation with all of the major stakeholders to provide a set of 
principles and procedures that will ensure that all nations institute 
effective environmental safeguards. Final ratification will assert 
continued U.S. leadership in Antarctic affairs and will help spur 
action by the remaining nations which have not completed ratification.
    I encourage my colleagues to vote to report the bill without 
amendment, and I look forward to its passage by the House at the 
earliest possible date. I will assist the Chairman in any way I can 
toward achievement of that goal.

    The Chairman. Are there any further statements on the bill? 
Mrs. Morella.
    Mrs. Morella. Thank you. Thank you, Mr. Chairman. I commend 
you for your leadership in protecting the Antarctic 
environment.
    And, I am pleased to have joined you and Mr. Brown as an 
original co-sponsor to ratify the Protocol on Environmental 
Protection to the Antarctic Treaty.
    We saw and listened at last week's hearing, and there was 
total bipartisan support from all quarters on this very 
important ratification of Congress. And, I have here before me 
``Wildlife Conservation.'' It says, ``Antarctic, the last best 
place on Earth.''
    And, that's what this bill is going to do. It's going to 
help to preserve it.
    It has long been recognized as a unique scientific 
laboratory of enormous value to the international community. 
And, you and I have both had an opportunity to visit and 
participate in studies in Antarctic and clearly this Committee 
clearly understands the need to reinforce the status of 
Antarctic as a natural reserve devoted to peace and science.
    And, so I strongly support the bill. Thank you for bringing 
it before us so quickly.
    [The opening statement of Mrs. Morella follows:]
             Opening Statement of Hon. Constance A. Morella
      House Science Committee Markup on H.R. 3060, the Antarctic 
                  Environmental Protection Act of 1996
    Mr. Chairman, I commend you for your leadership in protecting the 
Antarctic environment and I am very pleased to have joined you as an 
original cosponsor of H.R. 3060, legislation to ratify the Protocol on 
Environmental Protection to the Antarctic Treaty.
    Last week's hearing on H.R. 3060 demonstrated strong support for 
implementing the Protocol. Originally signed by the United States in 
1981, the Protocol is not self-executing and is still awaiting 
Congressional ratification.
    Antarctica has long been recognized as a unique scientific 
laboratory of enormous value to the international community. I have had 
the opportunity to visit and participate in studies in Antarctica. I 
clearly understand the need to reinforce the status of Antarctica as a 
natural reserve devoted to peace and science.
    By establishing important and necessary principles and rules for 
the protection of the Antarctic environment from the effects of human 
activities, we can preserve this fragile and still-developing glacier 
ecosystem for generations to come.
    I urge support for H.R. 3060.

    The Chairman. Thank you, Mrs. Morella. Are there any other 
statements on the bill?
    Mr. Schiff. Mr. Chairman.
    The Chairman. Mr. Schiff.
    Mr. Schiff. As Chair of the Subcommittee with jurisdiction, 
I want to thank you for your personal leadership in this 
matter. I think this is a very good bill, a very important 
bill.
    I will support it. I yield back.
    The Chairman. Thank you very much. Anybody else?
    Ms. Johnson. I ask unanimous consent my statement be placed 
in the record.
    [No statement was received.]
    The Chairman. Without objection. Are there any amendments 
to the bill?
    [No response.]
    The Chairman. Hearing none, the question is on the bill, 
H.R. 3060, the Antarctic Environmental Protection Act of 1996.
    Those in favor will say aye.
    [A chorus of ayes.]
    The Chairman. Those opposed will say no.
    [A chorus of nays.]
    The Chairman. In the opinion of the Chair, the ayes have 
it.
    Mr. Brown.
    Mr. Brown. Mr. Chairman, I move that the Committee report 
the bill, H.R. 3060, the Antarctic Environmental Protection Act 
of 1996, as amended. Furthermore, I move to instruct the staff 
to prepare the legislative report to make technical and 
conforming amendments and that the Chairman take all necessary 
steps to bring the bill before the House for consideration.
    In addition, I move that the members have three legislative 
days to submit supplemental, Minority or additional views.
    The Chairman. The Committee has heard the motion. Those in 
favor will say aye.
    [A chorus of ayes.]
    The Chairman. Those opposed will say no.
    [No response.]
    The Chairman. The ayes have it. The motion is agreed to.
    Without objection, the motion to reconsider is laid upon 
the table. Mr. Ehlers.
    Mr. Ehlers. Mr. Chairman, I move, pursuant to Clause 1, 
Rule 20 of the Rules of the House of Representatives, that the 
Committee authorize the Chairman to offer such motions as may 
be necessary in the House to go to conference with the Senate 
on the Omnibus Civilian Science--wrong bill.
    The Chairman. Wrong bill. H.R. 3060.
    Mr. Ehlers. On H.R. 3060, the Antarctic Environmental 
Protection Act of 1996, or a similar Senate bill.
    The Chairman. The Committee has heard the motion. Those in 
favor will say aye.
    [A chorus of ayes.]
    The Chairman. Those opposed will say no.
    [No response.]
    The Chairman. The ayes have it. This concludes the markup 
of H.R. 3060, the Antarctic Environmental Protection Act of 
1996.
    We will now suspend momentarily to allow the Reporter to 
change to a new tape and to prepare a separate transcript for 
the next measure that we take under consideration.
    [Whereupon, the markup of H.R. 3060 was concluded at 10:16 
a.m., Wednesday, April 24, 1996; followed by a markup of the 
Omnibus Civilian Science Authorization Act of 1996, commencing 
at 10:18 a.m., this same date.]