merce before issuing a permit for a taking or harmful interference in connection with the construction or operation of scientific support facilities.

The bill provides that the Director may modify, suspend or revoke any permit where there is a change in conditions that makes the permit inconsistent with the provisions of the legislation or the protocol.

Environmental impact assessment:

The legislation would implement the provisions of the protocol on environmental impact_assessment of federal agency activities in Antarctica by applying the National Environmental Policy Act of 1969 to the activities, as specified in the legislation. The legislation leaves to regulation, and does not prejudge, the way in which activities conducted jointly by the United States and other parties to the protocol in Antarctica will be subject to environmental impact assessment. In this manner, the unique considerations applicable to such activities in Antarctica may best be taken into account.

The protocol requires environmental impact assessment of non-governmental activities, as well as governmental activities, in Antarctica. The legislation would authorize the EPA Administrator to promulgate regulations to provide for the environmental impact assessment of non-governmental activities, including tourism, consistent with the provisions of article 8 of annex I to the protocol.

Monitoring:

The legislation would authorize the NSF Director, in consultation with the EPA Administrator, to promulgate regulations to provide for procedures to assess and verify the environmental impact of activities that proceed following a determination that they will have more than a minor or transitory impact on the Antarctic environment or dependent and associated ecosystems.

Marine pollution:

The legislation would amend the act to prevent pollution from ships, to implement the protocol's provisions on marine pollution contained in annex IV.

Representation:

The legislation would provide that the Secretary of State, with the concurrence of appropriate agency officials, would appoint the U.S. Representative to the Committee for Environmental Protection created under the protocol.

Oversight:

The legislation would provide that the Secretary of State, in conjunction with the EPA Administrator and the Secretary of Commerce, will inspect the U.S. Antarctic Program at appropriate intervals of between two and five years. The inspection team will conduct on-site inspections of stations, field camps, and operations, and review any other relevant information, with a view to examining the overall compliance of the U.S. Antarctic Program with the legislation and the protocol.

The inspection team will prepare a report which documents its findings, specifies any examples of failures of compliance, and makes recommendations. The report, along with any comments by the NSF Director on it, will be made public.

Study of Antarctic tourism:

The legislation would provide that the Department of State will coordinate an interagency study to determine whether additional measures should be taken with respect to tourism in Antarctica. The legislation would provide that the study would be completed within 24 months of the date of enactment of the legislation.

Mr. Chairman, in conclusion, the draft administration legislation which is now before you seeks to build upon and synthesize ideas that are contained in S. 1427, as well as draft bills that have been introduced in the House. We believe that the administration's proposal represent a balanced and innovative basis for United States implementation of the protocol. The consensus achieved by the agencies certainly represents the product of long and concerted effort. We are committed to redoubling that effort to complete work on the remaining section of the legislation as rapidly as possible. We look forward to working with you and your colleagues on the house side to enact implementing legislation which will set the standard for all parties to this important new treaty.

A BILL

To implement the Protocol on Environmental Protection to the Antarctic Treaty, to enact a prohibition against Antarctic mineral resource activities, and for other purposes.

SECTION 1.-SHORT TITLE

This Act may be cited as the "Antarctic Environmental Protection Act of 1993."

SECTION 2.-FINDINGS, PURPOSE, AND POLICY

(a) FINDINGS.-The Congress finds that—

(1) the Antarctic Treaty and the Protocol on environmental Protection to the Antarctic Treaty have established a firm foundation for the comprehensive protection of the Antarctic environment, the continuation of international cooperation, and the freedom of scientific investigation in Antarctica;

(2) the Protocol establishes international mechanisms and creates legal obligations necessary for the maintenance of Antarctica as a natural reserve, devoted to peace and science;

(3) the Protocol serves important United States environmental and resource management interests, while at the same time preserving the freedom of scientific investigation in Antarctica;

(4) the Protocol represents an important contribution to the United States' long-term legal and political objectives of maintenance of Antarctica as an area of peaceful international cooperation;

(5) the Protocol institutes environmental impact assessment procedures applicable to United States activities in Antarctica which are consistent with those of the National Environmental Policy Act of 1969;

(6) the prohibition of Antarctic mineral resource activity will contribute to protection of the Antarctic environment and dependent and associated ecosystems by avoiding potential environmental degradation which could result from mineral resource activities;

(7) the Protocol, including the principles contained in Article 3, which is legally binding on the United States, provides a basis for granting residual regulatory authority to address situations not specifically addressed by the provisions of the Protocol; and

(8) Antarctica is a natural reserve, devoted to peace and science.

(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.

(c) POLICY.

(1) It is the national policy of the United States that the protection of the Antarctic environment and dependent and associated ecosystems and the intrinsic value of Antarctica, including its wilderness and aesthetic values and its value as an area for the conduct of scientific research, in particular research essential to understanding the global environment, shall be fundamental considerations in the planning and conduct of all activities in the Antarctic Treaty

area.

(2) It is the national policy of the United States that activities in Antarctica are to be. planned and conducted so as to limit adverse impacts on the Antarctic environment and dependent and associated ecosystems and avoid

(A) adverse effects on climate or weather patterns;

(B) significant adverse effects on air or water quality;

(C) significant changes in the atmospheric, terrestrial (including aquatic), glacial, or marine environments;

(D) detrimental changes in the distribution, abundance or productivity of species or populations of species of fauna and flora;

(E) further jeopardy to endangered or threatened species or populations of such species; or

(F) degradation of, or substantial risk to, areas of biological, scientific, historic, aesthetic, or wilderness significance.

(3) It is the national policy of the United States that activities in Antarctica are to be planned and conducted on the basis of information sufficient to allow prior assessments of, and informed judgments about, their possible impacts on the Antarctic environment and dependent and associated ecosystems and on the value of Antarctica for the conduct of scientific research, taking full account of(A) the scope of the activity, including its area, duration, and intensity; (B) the cumulative impacts of the activity, both by itself and in combination with other activities in the Antarctic Treaty area;

(C) whether the activity will detrimentally affect any other activity in the Antarctic Treaty area;

(D) whether technology and procedures are available to provide for environmentally safe operations;

(E) whether there exists the capacity to monitor key environmental parameters and ecosystem components so as to identify and provide early warning of any adverse effects of the activity and to provide for such modification of operating procedures as may be necessary in the light of the re

sults of monitoring or increased knowledge of the Antarctic environment and dependent and associated ecosystems; and

(F) whether there exists the capacity to respond promptly and effectively to accidents, particularly those with potential environmental effects.

(4) It is the national policy of the United States that regular and effective monitoring take place to allow assessment of the impacts of ongoing activities, including the verification of predicted impacts.

(5) It is the national policy of the United States that regular and effective monitoring take place to facilitate early detection of the possible unforeseen effects of activities carried out both within and outside the Antarctic Treaty area on the Antarctic environment and dependent and associated ecosystems.

(6) It is the national policy of the United States that activities in Antarctica be planned and conducted so as to accord priority to scientific research and to preserve the value of Antarctica as an area for the conduct of such research, including research essential to understanding the global environment.

(7) It is the national policy of the United States that activities in Antarctica subject to U.S. jurisdiction take place in a manner consistent with the Protocol, and be modified, suspended or canceled if they result in or threaten to result in impacts upon the Antarctic environment or dependent or associated ecosystems inconsistent with the Protocol.

For purposes of this Act

SECTION 3.-DEFINITIONS

(1) The term "Administrator” means the Administrator of the Environmental Protection Agency or an officer or employee of the Environmental Protection Agency designated by the Administrator.

(2) The term "Antarctica" means the area south of 60 degrees south latitude, except that with respect to Antarctic mineral resource activity, the term means the area south of the Antarctic Convergence as defined in section 303 of the Antarctic Marine Living Resources Convention Act of 1984 (16 USC 2432(1)). (3) The term "Antarctic mineral resource"

(A) means any nonliving natural nonrenewable resource (or part or product thereof) found in or recovered from Antarctica;

(B) includes fossil fuels and minerals, whether metallic or nonmetallic; and

(C) does not include ice, water, snow, or any mineral resource removed before the date of enactment of this Act.

(4) The term "Antarctic mineral resource activity" means collecting, removing or transporting, or prospecting for, or exploration or development of, an Antarctic mineral resource, except that the term does not include those activities that are undertaken in the course of and that are directly related to—

(A) scientific research;

(B) construction, operation and maintenance of research stations, field camps, or other such facilities; or

(C) providing, with the advance written consent of the recipient institution1 an Antarctic mineral resource specimen to a museum or other institution with a similar public function.

(5) The term "Antarctic specially protected area” means an area identified as such under section 6.

(6) The term "Committee for Environmental Protection" means the Committee for Environmental Protection established under Article 11 of the Protocol. (7) The term "development"

(A) means any activity, including logistic support, which takes place following exploration, the purpose of which is the exploitation of specific Antarctic mineral resource deposits; and

(B) includes processing, storage, and transport activities.

(8) The term "Director" means the Director of the National Science Foundation or an officer or employee of the Foundation designated by the Director. (9) The term "exploration"—

(A) means any activity, including logistic support, the purpose of which is the identification or evaluation of specific Antarctic mineral resource deposits for possible development; and

(B) includes exploratory drilling, dredging, and other surface or subsurface excavations undertaken to determine the nature and size of mineral resource deposits and the feasibility of their development.

(10) 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, walking on them, or by other means; and (F) any activity that results in significant adverse modification of the habitat of any species or population of native mammal, native bird, native plant or native invertebrate.

(11) The term "historic site or monument" means any site or monument identified as a historic site or monument by the Director under section 6.

(12) The term "impact" means impact on the Antarctic environment or on dependent or associated ecosystems.

(13) The term "implementing agency" means the Director, the Secretary, the Administrator, the Secretary of the Department in which the Coast Guard is operating, or the Secretary of State, as regulatory responsibilities are vested under this Act.

(14) 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.

(15) 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, designated by the Director as a native species under section 6, and includes any part of such member.

(16) The term "native invertebrate" means any terrestrial or freshwater invertebrate, at any stage of its life cycle, which is indigenous to Antarctica, designated by the Director as such under section 6, and includes any part of such invertebrate.

(17) 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, designated by the Director as a native species under section 6, and includes any part of such member. (18) 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, designated as such by the Director under section 6, and includes any part of such vegetation.

(19) The term "non-native species" means any species of animal or plant which is not indigenous to Antarctica.

(20) The term "person" means an individual, partnership, corporation, trust, association, or other entity 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, and any officer, employee, or agent of any such instrumentality.

(21) The term "prohibited product" means any substance which is designated as such under section 6.

(22) The term "prohibited waste” means any substance which is designated as such under section 6.

(23) The term "prospecting" means any activity, including logistic support, the purpose of which is the identification of Antarctic mineral resource potential for possible exploration and development.

(24) The term "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. (25) The term "Secretary" means the Secretary of Commerce, or an officer or employee of the Department of Commerce designated by the Secretary.

(26) The term "specially protected species" means any native species designated as a specially protected species by the Director under section 6.

(27) The term "take" or "taking" 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.

(28) The terms "Treaty" and "Antarctic Treaty" mean the Antarctic Treaty signed in Washington, D.C. on December 1, 1959.

(29) 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, any other commonwealth, territory or possession of the United States, and the Trust Territory of the Pacific Islands.

(30) 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 USC 2432).

SECTION 4.-PROHIBITED ACTS

(a) IN GENERAL.-It is unlawful for any person

(1) to engage in, provide assistance (including logistic support) to, or knowingly finance any Antarctic mineral resource activity;

(2) to receive, acquire, transport, offer for sale, sell, purchase, import, export, or have custody, control or possession of any Antarctic mineral resource which that person knows, or in the exercise of due care should have known, was recovered or otherwise possessed as a result of Antarctic mineral resource activity, without regard to the citizenship of the entity that engaged in, or the vessel used in engaging in, the Antarctic mineral resource activity;

(3) to introduce any prohibited product onto land or ice shelves or into water in Antarctica;

(4) to dispose of any waste onto ice-free land areas or into fresh water systems in Antarctica;

(5) to dispose of any prohibited waste in Antarctica;

(6) to engage in open burning of waste in Antarctica after March 1, 1994; (7) to transport passengers to, from or within Antarctica by any vessel not required to comply with the Act to Prevent Pollution from Ships (33 USC 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;

(8) who organizes, sponsors, operates, or promotes a non-governmental 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;

(9) to damage, remove, or destroy a historic site or monument;

(10) 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;

(11) 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 (10) of this subsection;

(12) to resist a lawful arrest or detention for any act prohibited by this section;

(13) 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;

(14) to violate any regulation promulgated under this Act, or any term or condition of any permit issued to that person under this Act; or

(15) to attempt to commit or cause to be committed any act prohibited by this section.

(b) 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 under the Act to Prevent Pollution from Ships (33 USC 1901 et seq.)), including

(A) to dispose of any waste from land into the sea in Antarctica; and

(B) to incinerate any waste on land or ice shelves in Antarctica, or on board vessels at points of embarcation or demarcation, other than through the use at remote field sites of incinerator toilets for human waste; (2) to introduce into Antarctica any member of a non-native species;