[104th Congress Public Law 227]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ227.104]
[[Page 3033]]
ANTARCTIC SCIENCE, TOURISM, AND CONSERVATION ACT OF 1996
[[Page 110 STAT. 3034]]
Public Law 104-227
104th Congress
An Act
To implement the Protocol on Environmental Protection to the Antarctic
Treaty. <<NOTE: Oct. 2, 1996 - [H.R. 3060]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Antarctic
Science, Tourism, and Conservation Act of 1996. 16 USC 2401 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Antarctic Science, Tourism, and
Conservation Act of 1996''.
TITLE I--AMENDMENTS TO THE ANTARCTIC CONSERVATION ACT OF 1978
SEC. 101. FINDINGS AND PURPOSE.
(a) Findings.--Section 2(a) of the Antarctic Conservation Act of
1978 (16 U.S.C. 2401(a)) is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(4) and (5) respectively, and inserting before paragraph (4), as
redesignated, the following:
``(1) for well over a quarter of a century, scientific
investigation has been the principal activity of the Federal
Government and United States nationals in Antarctica;
``(2) more recently, interest of American tourists in
Antarctica has increased;
``(3) as the lead civilian agency in Antarctica, the
National Science Foundation has long had responsibility for
ensuring that United States scientific activities and tourism,
and their supporting logistics operations, are conducted with an
eye to preserving the unique values of the Antarctic region;'';
(2) by striking ``the Agreed Measures for the Conservation
of Antarctic Fauna and Flora, adopted at the Third Antarctic
Treaty Consultative Meeting, have established a firm
foundation'' in paragraph (4), as redesignated, and inserting
``the Protocol establish a firm foundation for the conservation
of Antarctic resources,'';
(3) by striking paragraph (5), as redesignated, and
inserting the following:
``(5) the Antarctic Treaty and the Protocol establish
international mechanisms and create legal obligations necessary
for the maintenance of Antarctica as a natural reserve devoted
to peace and science.''.
(b) Purpose.--Section 2(b) of such Act (16 U.S.C. 2401(b)) is
amended by striking ``Treaty, the Agreed Measures for the
Conservation of Antarctic Fauna and Flora, and Recommendation
[[Page 110 STAT. 3035]]
VII-3 of the Eighth Antarctic Treaty Consultative Meeting'' and
inserting ``Treaty and the Protocol''.
SEC. 102. DEFINITIONS.
Section 3 of the Antarctic Conservation Act of 1978 (16 U.S.C. 2402)
is amended to read as follows:
``SEC. 3. DEFINITIONS.
``For purposes of this Act--
``(1) the term `Administrator' means the Administrator of
the Environmental Protection Agency;
``(2) the term `Antarctica' means the area south of 60
degrees south latitude;
``(3) the term `Antarctic Specially Protected Area' means an
area identified as such pursuant to Annex V to the Protocol;
``(4) the term `Director' means the Director of the National
Science Foundation;
``(5) the term `harmful interference' means--
``(A) flying or landing helicopters or other
aircraft in a manner that disturbs concentrations of
birds or seals;
``(B) using vehicles or vessels, including
hovercraft and small boats, in a manner that disturbs
concentrations of birds or seals;
``(C) using explosives or firearms in a manner that
disturbs concentrations of birds or seals;
``(D) willfully disturbing breeding or molting birds
or concentrations of birds or seals by persons on foot;
``(E) significantly damaging concentrations of
native terrestrial plants by landing aircraft, driving
vehicles, or walking on them, or by other means; and
``(F) any activity that results in the significant
adverse modification of habitats of any species or
population of native mammal, native bird, native plant,
or native invertebrate;
``(6) the term `historic site or monument' means any site or
monument listed as an historic site or monument pursuant to
Annex V to the Protocol;
``(7) the term `impact' means impact on the Antarctic
environment and dependent and associated ecosystems;
``(8) the term `import' means to land on, bring into, or
introduce into, or attempt to land on, bring into or introduce
into, any place subject to the jurisdiction of the United
States, including the 12-mile territorial sea of the United
States, whether or not such act constitutes an importation
within the meaning of the customs laws of the United States;
``(9) the term `native bird' means any member, at any stage
of its life cycle (including eggs), of any species of the class
Aves which is indigenous to Antarctica or occurs there
seasonally through natural migrations, and includes any part of
such member;
``(10) the term `native invertebrate' means any terrestrial
or freshwater invertebrate, at any stage of its life cycle,
which is indigenous to Antarctica, and includes any part of such
invertebrate;
``(11) the term `native mammal' means any member, at any
stage of its life cycle, of any species of the class Mammalia,
which is indigenous to Antarctica or occurs there seasonally
[[Page 110 STAT. 3036]]
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--
[[Page 110 STAT. 3037]]
``(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;
[[Page 110 STAT. 3038]]
``(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 <<NOTE: 16 USC 2403a.>> 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) <<NOTE: Public information.>> 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
[[Page 110 STAT. 3039]]
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. <<NOTE: Regulations.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: Regulations.>> Nongovernmental Activities.--(1) The
Administrator shall, within 2 years after the date of the enactment of
the Antarctic Science, Tourism, and Conservation Act of 1996, promulgate
regulations to provide for--
``(A) the environmental impact assessment of nongovernmental
activities, including tourism, for which the United States is
required to give advance notice under paragraph 5 of Article VII
of the Treaty; and
``(B) coordination of the review of information regarding
environmental impact assessment received from other Parties
under the Protocol.
``(2) Such regulations shall be consistent with Annex I to the
Protocol.
``(d) Decision To Proceed.--(1) No decision shall be taken to
proceed with an activity for which a comprehensive environmental
evaluation is prepared under this section unless there has been an
opportunity for consideration of the draft comprehensive environmental
evaluation at an Antarctic Treaty Consultative Meeting, except that no
decision to proceed with a proposed activity shall be delayed through
the operation of this paragraph for more than 15 months from the date of
circulation of the draft comprehensive environmental evaluation pursuant
to Article 3(3) of Annex I to the Protocol.
``(2) The Secretary of State shall circulate the final
comprehensive environmental evaluation, in accordance with Article
[[Page 110 STAT. 3040]]
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) <<NOTE: Federal Register, publication.>> 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'';
[[Page 110 STAT. 3041]]
(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
[[Page 110 STAT. 3042]]
Science, Tourism, and Conservation Act of 1996. The regulations to be
issued under subsection (a)(3) of this section shall be issued within 3
years after the date of the enactment of the Antarctic Science, Tourism,
and Conservation Act of 1996.''.
SEC. 107. SAVING PROVISIONS.
Section 14 of the Antarctic Conservation Act of 1978 <<NOTE: 16 USC
2413.>> is amended to read as follows:
``SEC. 14. SAVING PROVISIONS.
``(a) Regulations.--All regulations promulgated under this Act prior
to the date of the enactment of the Antarctic Science, Tourism, and
Conservation Act of 1996 shall remain in effect until superseding
regulations are promulgated under section 6.
``(b) Permits.--All permits issued under this Act shall remain in
effect until they expire in accordance with the terms of those
permits.''.
TITLE II--CONFORMING AMENDMENTS TO OTHER LAWS
SEC. 201. AMENDMENTS TO ACT TO PREVENT POLLUTION FROM SHIPS.
(a) Definitions.--Section 2 of the Act to Prevent Pollution from
Ships (33 U.S.C. 1901) is amended--
(1) by redesignating paragraphs (1) through (10) of
subsection (a) as paragraphs (3) through (12), 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--
[[Page 110 STAT. 3043]]
(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.
[[Page 110 STAT. 3044]]
SEC. 202. PROHIBITION OF CERTAIN ANTARCTIC RESOURCE
ACTIVITIES.
(a) Agreement or Legislation Required.--Section 4 of the Antarctic
Protection Act of 1990 (16 U.S.C. 2463) is amended by striking ``Pending
a new agreement among the Antarctic Treaty Consultative Parties in force
for the United States, to which the Senate has given advice and consent
or which is authorized by further legislation by the Congress, which
provides an indefinite ban on Antarctic mineral resource activities,
it'' and inserting in lieu thereof ``It''.
(b) Repeals.--Sections 5 and 7 of such Act (16 U.S.C. 2464 and 2466)
are repealed.
(c) Redesignation.--Section 6 of such Act (16 U.S.C. 2465) is
redesignated as section 5.
TITLE III--POLAR RESEARCH AND POLICY STUDY
SEC. 301. <<NOTE: Reports.>> POLAR RESEARCH AND POLICY STUDY.
Not later than March 1, 1997, the National Science Foundation shall
provide a detailed report to the Congress on--
(1) the status of the implementation of the Arctic
Environmental Protection Strategy and Federal funds being used
for that purpose;
(2) all of the Federal programs relating to Arctic and
Antarctic research and the total amount of funds expended
annually for each such program, including--
(A) a comparison of the funding for logistical
support in the Arctic and Antarctic;
(B) a comparison of the funding for research in the
Arctic and Antarctic;
(C) a comparison of any other amounts being spent on
Arctic and Antarctic programs; and
(D) an assessment of the actions taken to implement
the recommendations of the Arctic Research Commission
with respect to the use of such funds for research and
logistical support in the Arctic.
Approved October 2, 1996.
LEGISLATIVE HISTORY--H.R. 3060 (S. 1645):
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HOUSE REPORTS: No. 104-593, Pt. 1 (Comm. on Science).
SENATE REPORTS: No. 104-332 accompanying S. 1645 (Comm. on Commerce,
Science, and Transportation).
CONGRESSIONAL RECORD, Vol. 142 (1996):
June 10, considered and passed House.
Sept. 4, considered and passed Senate, amended, in lieu of
S. 1645.
Sept. 10, House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):
Oct. 2, Presidential statement.
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