[Congressional Bills 104th Congress]
[From the U.S. Government Printing Office]
[H.R. 3060 Enrolled Bill (ENR)]
H.R.3060
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
An Act
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,

010213832be1cf0a87c8670beec2a45bf2e520fef2a9c89cc2fda12bb3b33de5

This Act may be cited as the ``Antarctic Science, Tourism, and
Conservation Act of 1996''.

0c04fae8bb65b58c3869ae406560ead6a97b5ed6bc57f11e94ce722c6d084f22

(a) Findings.--Section 2(a) of the Antarctic Conservation Act of
1978 (16 U.S.C. 2401(a)) is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs (4)
and (5) respectively, and inserting before paragraph (4), as
redesignated, the following:
``(1) for well over a quarter of a century, scientific
investigation has been the principal activity of the Federal
Government and United States nationals in Antarctica;
``(2) more recently, interest of American tourists in
Antarctica has increased;
``(3) as the lead civilian agency in Antarctica, the National
Science Foundation has long had responsibility for ensuring that
United States scientific activities and tourism, and their
supporting logistics operations, are conducted with an eye to
preserving the unique values of the Antarctic region;'';
(2) by striking ``the Agreed Measures for the Conservation of
Antarctic Fauna and Flora, adopted at the Third Antarctic Treaty
Consultative Meeting, have established a firm foundation'' in
paragraph (4), as redesignated, and inserting ``the Protocol
establish a firm foundation for the conservation of Antarctic
resources,'';
(3) by striking paragraph (5), as redesignated, and inserting
the following:
``(5) the Antarctic Treaty and the Protocol establish
international mechanisms and create legal obligations necessary for
the maintenance of Antarctica as a natural reserve devoted to peace
and science.''.
(b) Purpose.--Section 2(b) of such Act (16 U.S.C. 2401(b)) is
amended by striking ``Treaty, the Agreed Measures for the Conservation
of Antarctic Fauna and Flora, and Recommendation VII-3 of the Eighth
Antarctic Treaty Consultative Meeting'' and inserting ``Treaty and the
Protocol''.

a44d6e73d1320e7f8ece67f184c1ee54615cb798fb60f713d80be9d6bdae6fd8

TITLE I

-AMENDMENTS TO THE ANTARCTIC CONSERVATION ACT OF 1978

Section 3 of the Antarctic Conservation Act of 1978 (16 U.S.C.
2402) is amended to read as follows:
``SEC. 3. DEFINITIONS.
``For purposes of this Act--
``(1) the term `Administrator' means the Administrator of the
Environmental Protection Agency;
``(2) the term `Antarctica' means the area south of 60 degrees
south latitude;
``(3) the term `Antarctic Specially Protected Area' means an
area identified as such pursuant to Annex V to the Protocol;
``(4) the term `Director' means the Director of the National
Science Foundation;
``(5) the term `harmful interference' means--
``(A) flying or landing helicopters or other aircraft in a
manner that disturbs concentrations of birds or seals;
``(B) using vehicles or vessels, including hovercraft and
small boats, in a manner that disturbs concentrations of birds
or seals;
``(C) using explosives or firearms in a manner that
disturbs concentrations of birds or seals;
``(D) willfully disturbing breeding or molting birds or
concentrations of birds or seals by persons on foot;
``(E) significantly damaging concentrations of native
terrestrial plants by landing aircraft, driving vehicles, or
walking on them, or by other means; and
``(F) any activity that results in the significant adverse
modification of habitats of any species or population of native
mammal, native bird, native plant, or native invertebrate;
``(6) the term `historic site or monument' means any site or
monument listed as an historic site or monument pursuant to Annex V
to the Protocol;
``(7) the term `impact' means impact on the Antarctic
environment and dependent and associated ecosystems;
``(8) the term `import' means to land on, bring into, or
introduce into, or attempt to land on, bring into or introduce
into, any place subject to the jurisdiction of the United States,
including the 12-mile territorial sea of the United States, whether
or not such act constitutes an importation within the meaning of
the customs laws of the United States;
``(9) the term `native bird' means any member, at any stage of
its life cycle (including eggs), of any species of the class Aves
which is indigenous to Antarctica or occurs there seasonally
through natural migrations, and includes any part of such member;
``(10) the term `native invertebrate' means any terrestrial or
freshwater invertebrate, at any stage of its life cycle, which is
indigenous to Antarctica, and includes any part of such
invertebrate;
``(11) the term `native mammal' means any member, at any stage
of its life cycle, of any species of the class Mammalia, which is
indigenous to Antarctica or occurs there seasonally through natural
migrations, and includes any part of such member;
``(12) the term `native plant' means any terrestrial or
freshwater vegetation, including bryophytes, lichens, fungi, and
algae, at any stage of its life cycle (including seeds and other
propagules), which is indigenous to Antarctica, and includes any
part of such vegetation;
``(13) the term `non-native species' means any species of
animal or plant which is not indigenous to Antarctica and does not
occur there seasonally through natural migrations;
``(14) the term `person' has the meaning given that term in
section 1 of title 1, United States Code, and includes any person
subject to the jurisdiction of the United States and any
department, agency, or other instrumentality of the Federal
Government or of any State or local government;
``(15) the term `prohibited product' means any substance banned
from introduction onto land or ice shelves or into water in
Antarctica pursuant to Annex III to the Protocol;
``(16) the term `prohibited waste' means any substance which
must be removed from Antarctica pursuant to Annex III to the
Protocol, but does not include materials used for balloon envelopes
required for scientific research and weather forecasting;
``(17) the term `Protocol' means the Protocol on Environmental
Protection to the Antarctic Treaty, signed October 4, 1991, in
Madrid, and all annexes thereto, including any future amendments
thereto to which the United States is a party;
``(18) the term `Secretary' means the Secretary of Commerce;
``(19) the term `Specially Protected Species' means any native
species designated as a Specially Protected Species pursuant to
Annex II to the Protocol;
``(20) the term `take' means to kill, injure, capture, handle,
or molest a native mammal or bird, or to remove or damage such
quantities of native plants that their local distribution or
abundance would be significantly affected;
``(21) the term `Treaty' means the Antarctic Treaty signed in
Washington, DC, on December 1, 1959;
``(22) the term `United States' means the several States of the
Union, the District of Columbia, the Commonwealth of Puerto Rico,
American Samoa, the Virgin Islands, Guam, the Commonwealth of the
Northern Mariana Islands, and any other commonwealth, territory, or
possession of the United States; and
``(23) the term `vessel subject to the jurisdiction of the
United States' includes any `vessel of the United States' and any
`vessel subject to the jurisdiction of the United States' as those
terms are defined in section 303 of the Antarctic Marine Living
Resources Convention Act of 1984 (16 U.S.C. 2432).''.

d3c285cfe29c1b651afe64eb11e03640ae523b9f94131049f6b6304b642794f9

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.''.

de83c4ccf2acdfbf4cb8f9221efb25afa2aec87dd1078cea0794d88f051d405b

The Antarctic Conservation Act of 1978 is amended by inserting
after section 4 the following new section:
``SEC. 4A. ENVIRONMENTAL IMPACT ASSESSMENT.
``(a) Federal Activities.--(1)(A) The obligations of the United
States under Article 8 of and Annex I to the Protocol shall be
implemented by applying the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) to proposals for Federal agency activities in
Antarctica, as specified in this section.
``(B) The obligations contained in section 102(2)(C) of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall
apply to all proposals for Federal agency activities occurring in
Antarctica and affecting the quality of the human environment in
Antarctica or dependent or associated ecosystems, only as specified in
this section. For purposes of the application of such section 102(2)(C)
under this subsection, the term ``significantly affecting the quality
of the human environment'' shall have the same meaning as the term
``more than a minor or transitory impact''.
``(2)(A) Unless an agency which proposes to conduct a Federal
activity in Antarctica determines that the activity will have less than
a minor or transitory impact, or unless a comprehensive environmental
evaluation is being prepared in accordance with subparagraph (C), the
agency shall prepare an initial environmental evaluation in accordance
with Article 2 of Annex I to the Protocol.
``(B) If the agency determines, through the preparation of the
initial environmental evaluation, that the proposed Federal activity is
likely to have no more than a minor or transitory impact, the activity
may proceed if appropriate procedures are put in place to assess and
verify the impact of the activity.
``(C) If the agency determines, through the preparation of the
initial environmental evaluation or otherwise, that a proposed Federal
activity is likely to have more than a minor or transitory impact, the
agency shall prepare and circulate a comprehensive environmental
evaluation in accordance with Article 3 of Annex I to the Protocol, and
shall make such comprehensive environmental evaluation publicly
available for comment.
``(3) Any agency decision under this section on whether a proposed
Federal activity, to which paragraph (2)(C) applies, should proceed,
and, if so, whether in its original or in a modified form, shall be
based on the comprehensive environmental evaluation as well as other
considerations which the agency, in the exercise of its discretion,
considers relevant.
``(4) For the purposes of this section, the term `Federal activity'
includes all activities conducted under a Federal agency research
program in Antarctica, whether or not conducted by a Federal agency.
``(b) Federal Activities Carried Out Jointly With Foreign
Governments.--(1) For the purposes of this subsection, the term
`Antarctic joint activity' means any Federal activity in Antarctica
which is proposed to be conducted, or which is conducted, jointly or in
cooperation with one or more foreign governments. Such term shall be
defined in regulations promulgated by such agencies as the President
may designate.
``(2) Where the Secretary of State, in cooperation with the lead
United States agency planning an Antarctic joint activity, determines
that--
``(A) the major part of the joint activity is being contributed
by a government or governments other than the United States;
``(B) one such government is coordinating the implementation of
environmental impact assessment procedures for that activity; and
``(C) such government has signed, ratified, or acceded to the
Protocol,
the requirements of subsection (a) of this section shall not apply with
respect to that activity.
``(3) In all cases of Antarctic joint activity other than those
described in paragraph (2), the requirements of subsection (a) of this
section shall apply with respect to that activity, except as provided
in paragraph (4).
``(4) Determinations described in paragraph (2), and agency actions
and decisions in connection with assessments of impacts of Antarctic
joint activities, shall not be subject to judicial review.
``(c) Nongovernmental Activities.--(1) The Administrator shall,
within 2 years after the date of the enactment of the Antarctic
Science, Tourism, and Conservation Act of 1996, promulgate regulations
to provide for--
``(A) the environmental impact assessment of nongovernmental
activities, including tourism, for which the United States is
required to give advance notice under paragraph 5 of Article VII of
the Treaty; and
``(B) coordination of the review of information regarding
environmental impact assessment received from other Parties under
the Protocol.
``(2) Such regulations shall be consistent with Annex I to the
Protocol.
``(d) Decision To Proceed.--(1) No decision shall be taken to
proceed with an activity for which a comprehensive environmental
evaluation is prepared under this section unless there has been an
opportunity for consideration of the draft comprehensive environmental
evaluation at an Antarctic Treaty Consultative Meeting, except that no
decision to proceed with a proposed activity shall be delayed through
the operation of this paragraph for more than 15 months from the date
of circulation of the draft comprehensive environmental evaluation
pursuant to Article 3(3) of Annex I to the Protocol.
``(2) The Secretary of State shall circulate the final
comprehensive environmental evaluation, in accordance with Article 3(6)
of Annex I to the Protocol, at least 60 days before the commencement of
the activity in Antarctica.
``(e) Cases of Emergency.--The requirements of this section, and of
regulations promulgated under this section, shall not apply in cases of
emergency relating to the safety of human life or of ships, aircraft,
or equipment and facilities of high value, or the protection of the
environment, which require an activity to be undertaken without
fulfilling those requirements.
``(f) Exclusive Mechanism.--Notwithstanding any other provision of
law, the requirements of this section shall constitute the sole and
exclusive statutory obligations of the Federal agencies with regard to
assessing the environmental impacts of proposed Federal activities
occurring in Antarctica.
``(g) Decisions on Permit Applications.--The provisions of this
section requiring environmental impact assessments (including initial
environmental evaluations and comprehensive environmental evaluations)
shall not apply to Federal actions with respect to issuing permits
under section 5.
``(h) Publication of Notices.--Whenever the Secretary of State
makes a determination under paragraph (2) of subsection (b) of this
section, or receives a draft comprehensive environmental evaluation in
accordance with Annex I, Article 3(3) to the Protocol, the Secretary of
State shall cause timely notice thereof to be published in the Federal
Register.''.

bf128c55f75b60cfce33aebcf51559474dc05a2fb337ba5c202e603ebac9fc2a

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.''.

45f015ad98e25e3306d822128dda119443531850d263df38f637a315fcffc18a

Section 6 of the Antarctic Conservation Act of 1978 (16 U.S.C.
2405) is amended to read as follows:
``SEC. 6. REGULATIONS.
``(a) Regulations To Be Issued by the Director.--(1) The Director
shall issue such regulations as are necessary and appropriate to
implement Annex II and Annex V to the Protocol and the provisions of
this Act which implement those annexes, including section 4(b)(2), (3),
(4), and (5) of this Act. The Director shall designate as native
species--
``(A) each species of the class Aves;
``(B) each species of the class Mammalia; and
``(C) each species of plant,
which is indigenous to Antarctica or which occurs there seasonally
through natural migrations.
``(2) The Director, with the concurrence of the Administrator,
shall issue such regulations as are necessary and appropriate to
implement Annex III to the Protocol and the provisions of this Act
which implement that Annex, including section 4(a)(1), (2), (3), and
(4), and section 4(b)(1) of this Act.
``(3) The Director shall issue such regulations as are necessary
and appropriate to implement Article 15 of the Protocol with respect to
land areas and ice shelves in Antarctica.
``(4) The Director shall issue such additional regulations as are
necessary and appropriate to implement the Protocol and this Act,
except as provided in subsection (b).
``(b) Regulations To Be Issued by the Secretary of the Department
in Which the Coast Guard is Operating.--The Secretary of the Department
in which the Coast Guard is operating shall issue such regulations as
are necessary and appropriate, in addition to regulations issued under
the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.), to
implement Annex IV to the Protocol and the provisions of this Act which
implement that Annex, and, with the concurrence of the Director, such
regulations as are necessary and appropriate to implement Article 15 of
the Protocol with respect to vessels.
``(c) Time Period for Regulations.--The regulations to be issued
under subsection (a)(1) and (2) of this section shall be issued within
2 years after the date of the enactment of the Antarctic Science,
Tourism, and Conservation Act of 1996. The regulations to be issued
under subsection (a)(3) of this section shall be issued within 3 years
after the date of the enactment of the Antarctic Science, Tourism, and
Conservation Act of 1996.''.

dc1859dec7e9efbedad8b4b8a110840a0c5d7be5839c52243fc6e6b27ef927c8

Section 14 of the Antarctic Conservation Act of 1978 is amended to
read as follows:
``SEC. 14. SAVING PROVISIONS.
``(a) Regulations.--All regulations promulgated under this Act
prior to the date of the enactment of the Antarctic Science, Tourism,
and Conservation Act of 1996 shall remain in effect until superseding
regulations are promulgated under section 6.
``(b) Permits.--All permits issued under this Act shall remain in
effect until they expire in accordance with the terms of those
permits.''.

4fb6b1efc6a3710eedde90f1ead40ee7e6b4521d464656e589fb4c90b0ee2527

(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--
(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.

aa7a87d3c42da0c17d52bdd7127ad6e933ac8b0a7176de953f33b020d1dcfc33

TITLE II

-CONFORMING AMENDMENTS TO OTHER LAWS

(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.

87279fa57a6e7630e42fd4ce66f8c723423dd82205c4ff518677bdbf7008b2f7

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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Antarctic Environmental Protection Act of 1996 — HR. 3060

Other Sections

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TITLE II

TITLE III

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