Pub.L. 104-228 To designate the Federal building located at 1655 Woodson Road in Overland, Missouri, as the ``Sammy L. Davis Federal Building''. <> ...

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[[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, 

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