Antarctica World Park and Protection Act of 1990

Antarctica World Park and Protection Act of 1990 - Directs the Secretary of the Interior, acting through the National Park Service, to prepare an inventory of resources and values of Antarctica. Requires the inventory to: (1) identify areas that should be managed to preserve natural ecological systems or to avoid interference with scientific research; and (2) identify areas where past actions have resulted in damage to resources or values requiring restoration or mitigation. Directs the Secretary to: (1) identify the claims asserted with respect to Antarctica by the United States and other nations, as well as existing and proposed international agreements affecting Antarctica; and (2) assess the extent to which such claims could affect this Act and the adequacy of such agreements to achieve management of Antarctica's resources in a manner consistent with this Act.

Requires the Secretary, acting through the National Park Service, to prepare a plan for the management of Antarctica as a world park. Directs the Secretary to incorporate relevant international agreements into such plan. Requires the Secretary of State to submit the plan to other nations and international organizations and to report to the President and the Congress on modifications of international agreements and new agreements necessary to manage Antarctica as a world park. Requires the plan to: (1) identify areas in Antarctica appropriate for public education, interpretation, and visitation by tourists and specify conditions on such visitation to assure protection of resources and values; (2) identify areas most valuable for environmental monitoring and other scientific research and specify conditions on such research to assure protection of resources and values; and (3) identify areas requiring restoration or mitigation and the steps necessary to achieve restoration or mitigation.

Prohibits U.S. citizens from entering any area not identified in the plan or appropriate for activities in conformance with the plan. Provides for public participation in the preparation of the inventory and plan. Provides for interim protection of Antarctica until the plan is completed.

Amends the Mining and Minerals Policy Act of 1970 to: (1) make it unlawful to carry out mineral exploration and development in Antarctica; and (2) make persons who carry out such activities ineligible to file or maintain a claim or receive a patent or lease for any mineral.

Amends the National Historic Preservation Act of 1966 to apply the Environmental and Historic Preservation Laws to actions in or affecting Antarctica by U.S. entities.

Requires the Secretary of the Interior to be kept informed of proposals or projects by U.S. or foreign agencies that could affect Antarctica.

Applies recommendations adopted by parties to the Antarctic Treaty to protect the values of Antarctica to all U.S. entities unless the United States formally exempts itself from such recommendations. Requires the Secretary of State to provide the following information to the President and the Congress: (1) information concerning actions by any nation to exempt itself from recommendations of such type; and (2) information that any nation intends to seek voting status under the Treaty.

Directs the President, through the Secretary of State, to begin negotiations with other parties to the Treaty to establish agreements to: (1) prevent activities inconsistent with managing Antarctica as a world park; (2) prohibit mineral development or exploration in Antarctica; and (3) minimize adverse impacts on the values of Antarctica.

Requires U.S. officers or agents having reliable information on activities to obtain data on Antarctica's mineral resources to provide such information to the Secretary of the Interior. Directs the President, through the Secretary of State, to request all nations whose citizens or nationals are believed to have carried out such activities to provide such data to the Secretary of the Interior. Requires the President to instruct U.S. officers to report on sanctions that could be applied to any nation failing to comply with such request.

Authorizes appropriations.

 
HR 4514 IH
101st CONGRESS
2d Session
 H. R. 4514
To require action to protect Antarctica by directing the Secretary of the
Interior to prepare a plan for establishing an Antarctica World Park, to
require interim protection of Antarctica, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
April 4, 1990
Mr. VENTO (for himself, Mr. UDALL, Mr. FASCELL, Mr. MILLER of California,
Mr. RAHALL, Mr. DE LUGO, Mr. LAGOMARSINO, Mr. KOSTMAYER, Mr. OBERSTAR,
Mr. OWENS of Utah, Mr. GEJDENSON, and Mr. LEACH of Iowa) introduced the
following bill; which was referred jointly to the Committees on Interior
and Insular Affairs, Merchant Marine and Fisheries, Science, Space, and
Technology, and Foreign Affairs
A BILL
To require action to protect Antarctica by directing the Secretary of the
Interior to prepare a plan for establishing an Antarctica World Park, to
require interim protection of Antarctica, and for other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE AND FINDINGS.
  (a) SHORT TITLE- This Act may be cited as the `Antarctica World Park and
  Protection Act of 1990'.
  (b) FINDINGS- The Congress finds and declares that--
  (1) the Antarctic Continent is recognized as the last continent on Earth
  generally unaffected by man's activities and is a critical and irreplaceable
  `laboratory' for the collection of meteorological data and the observation
  of changes in or damage to the Earth's atmosphere, as well as other aspects
  of climatology, oceanography, and other sciences;
  (2) Antarctica contains unknown quantities of undisturbed geological and
  archeological materials of potentially immense cultural and scientific
  value to all nations of the world;
  (3) Antarctica has unique historic values related to some of man's most
  historic explorations and affords an opportunity for adventure that,
  properly managed, can be compatible with the protection of this unique
  part of the world;
  (4) Antarctica contains 90 per centum of Earth's ice and 70 per centum of
  its fresh water, as well as some of the world's most spectacular natural
  wonders, and is a fragile ecosystem crucial to many species of life;
  (5) Antarctica plays an essential role in moderating and regulating the
  temperature of the world's atmosphere and oceans and thus in the maintenance
  of the global environment;
  (6) Antarctica's valuable historic, cultural, natural, ecological,
  environmental, scientific, scenic, marine, wilderness, wildlife, and
  other values are in danger of impairment or destruction as a result of
  inadequately controlled human activities, including experimentation and
  other research activities; increasing tourism; accumulations of solid
  and other wastes; spills of oil and other substances; new technology;
  and increasing interest in the exploitation of Antarctica's minerals and
  its other living and nonliving natural resources;
  (7) the planned 1990 special consultative meeting of parties to the Antarctic
  Treaty and the imminence of the thirtieth anniversary of the entry into
  force of the Antarctic Treaty provide an opportunity for the United States to
  exercise leadership toward protection and sound management of Antarctica; and
  (8) the national policy of the United States should be to take all steps
  necessary to ensure that Antarctica's lands and resources are managed
  and protected in a manner that preserves Antarctica's unique resources,
  values, and environment, as well as its value for scientific research,
  for the benefit of present and future generations of people of all nations.
SEC. 2. PURPOSE AND DEFINITIONS.
  (a) PURPOSE- The purpose of this Act is to further the protection of
  Antarctica by directing the Secretary of the Interior to lead actions of
  the United States toward preservation of the wilderness, scenic, wildlife,
  marine, historic, scientific, ecological, environmental, cultural, and other
  values of the Antarctic Continent and the establishment of an Antarctica
  World Park dedicated to scientific research and public enjoyment compatible
  with the preservation of such values.
  (b) DEFINITIONS- As used in this Act, the following terms shall have the
  following meanings:
  (1) The term `the Secretary' means the Secretary of the Interior.
  (2) The term `Antarctica' means lands, waters, ice, and all associated
  natural, cultural, environmental, ecological, scientific, historic,
  and other resources and values of the Antarctic Continent, including the
  continental shelf thereof, and areas within the `Antarctic convergence',
  as such term is defined in existing law (16 U.S.C. 2431).
  (3) The term `locatable mineral' means any mineral not subject to
  disposition under--
  (A) the Mineral Leasing Act (30 U.S.C. 181 and following);
  (B) the Geothermal Steam Act of 1970 (30 U.S.C. 100 and following); or
  (C) the Act of July 31, 1947, commonly known as the Materials Act of 1947
  (30 U.S.C. 601 and following).
  (4) The term `mining laws' means laws relating to disposition of mineral
  resources owned by the United States, including those Acts which generally
  comprise 30 U.S.C. chapters 2, 12A, and 16, and sections 161 and 162,
  as well as the Act of July 23, 1955, entitled `An Act to amend the Act of
  July 31, 1947 (61 Stat. 681) and the mining laws to provide for multiple
  use of the surface of the same tracts of the public lands, and for other
  purposes.' (30 U.S.C. 601 and following).
  (5) The term `Environmental and Historic Preservation Laws' means those
  provisions of Federal law requiring procedural and other actions intended
  to further the protection of environmental, ecological, cultural, historic,
  scientific, recreational, wilderness, fish and wildlife, marine, and other
  resources and values, including but not limited to the Wilderness Act; the
  National Historic Preservation Act; the Archeological Resources Protection
  Act; the National Environmental Policy Act of 1969; and the Endangered
  Species Act, including all amendments heretofore and hereafter made to
  any and all such provisions of law.
  (6) The term `citizen', in reference to a citizen of the United States,
  shall include any corporation, firm, or other entity organized under the
  laws of any State, territory, Commonwealth, or the District of Columbia,
  or doing business in the United States, its territories or Commonwealths,
  or the District of Columbia.
SEC. 3. ANTARCTICA WORLD PARK PLANNING.
  (a) INVENTORY- (1) The Secretary, acting through the Director of the
  National Park Service, shall prepare an inventory of the wilderness,
  cultural, scenic, wildlife, marine, historic, environmental, ecological,
  scientific, and other resources and values of Antarctica.
  (2) In preparing the inventory required by this subsection, the Secretary
  shall--
  (A) consult with, utilize information gathered by, and seek the assistance
  of all agencies and offices of the United States as well as members of
  the scientific community and other interested persons in the United States
  and other nations, and
  (B) in coordination with the Secretary of State, request the cooperation
  of and any relevant information from the governments of other nations.
  (3) The inventory required by this subsection shall identify areas which
  should be managed to preserve their unique natural ecological systems, as
  well as areas of exceptional scientific interest that should be managed to
  avoid interference with appropriate scientific research, and shall also
  identify areas possessing wilderness, cultural, aesthetic, scenic, fish
  and wildlife, marine, historic, scientific, ecological, environmental,
  and other resources and values.
  (4) The inventory required by this subsection shall identify areas where past
  actions (including but not limited to deposits or spills of wastes, oil, or
  other substances) have resulted in damage to resources or values requiring
  restoration or mitigation in order to advance the purpose of this Act.
  (5) In connection with the preparation of the inventory required by this
  subsection, the Secretary, in consultation with the Secretary of State,
  shall identify the territorial or other claims with respect to Antarctica
  asserted or maintained by the United States and other nations, as well as
  the existing and proposed treaties, conventions, or other international
  agreements relating to activities in or affecting Antarctica, and shall
  assess both the extent to which such claims could affect the fulfillment of
  the purpose of this Act and also the adequacy of such agreements (and the
  mechanisms for their enforcement) to achieve management of the lands and
  resources of Antarctica in a manner consistent with the purposes of this Act.
  (6) The inventory required by this subsection shall be completed in initial
  form no later than two years after the date of enactment of this Act, but
  the Secretary shall thereafter revise it from time to time as additional
  information is obtained concerning the impact of past, present, or proposed
  activities in Antarctica on Antarctica's environment or ecology.
  (b) PLAN- (1) No later than two years after the date of enactment of this
  Act, the Secretary, acting through the Director of the National Park Service,
  shall begin preparation of a general management plan (hereafter referred
  to as `the plan') appropriate for management of Antarctica as a World
  Park in a manner consistent with the policy set forth in section 1(b)(8)
  and the purpose of this Act.
  (2)(A) The plan shall be completed in initial form no later than three years
  after the date of enactment of this Act, whereupon the Secretary shall
  transmit copies of the plan to other appropriate officers and agencies
  of the United States, including the Secretary of State. Thereafter, the
  Secretary may revise the plan from time to time as may be necessary to
  protect the resources and values identified in the inventory or revisions
  thereof. Such plan revisions shall be transmitted as was the initial plan.
  (B) In preparing the plan, the Secretary, in consultation with the
  Secretary of State, shall take into account existing and proposed treaties,
  conventions, and other international agreements related to Antarctica,
  and, so far as possible consistent with the purpose of this Act and the
  policy specified in section 1(b)(8), shall incorporate such agreements as
  parts of the plan.
  (C) Upon receipt of the plan from the Secretary, the Secretary of State
  shall transmit copies of the plan to other nations and to appropriate
  international organizations, and shall report to the President and the
  Congress concerning such modifications of existing international agreements
  and such new international agreements as may be necessary or desirable in
  order to fulfill the purpose of this Act and the management of Antarctica
  as a world park in a manner consistent with the plan.
  (3) After receipt of the plan from the Secretary, all officers and
  agencies of the United States shall carry out or authorize any activities
  in, affecting, or related to Antarctica (including any discussions or
  negotiations with the governments of other nations concerning Antarctica)
  only in conformance with the plan.
  (4) The plan shall identify areas in Antarctica appropriate for public
  education, interpretation, and visitation by tourists, and shall specify
  those conditions and restrictions on such visitation in Antarctica that
  will assure protection of the resources and values identified in the
  inventory required by subsection (a) of this section.
  (5) The plan shall identify areas most valuable for environmental monitoring
  and other scientific research and shall specify those conditions and
  restrictions on such research (both in such areas and elsewhere in
  Artarctica) that will assure protection of the resources and values
  identified in the inventory required by subsection (a) of this section.
  (6) The plan shall identify areas requiring restoration or mitigation as a
  result of past activities or events, including but not limited to deposits
  or spills of wastes, oil and other substances, and the steps necessary to
  achieve such restoration or mitigation.
  (7) No United States citizen or national or any agent or employee of any
  such citizen or national shall enter any area in Antarctica not identified
  in the plan or appropriate either for visitation (as specified in paragraph
  4) or for scientific research or similar activities (subject to conditions
  and restrictions as specified in paragraph (5)) in conformance with the plan.
  (c) PUBLIC PARTICIPATION- In conducting the inventory and preparing the plan
  required by this section, the Secretary shall afford interested members
  of the public, including the governments and people of other nations and
  representatives of international organizations, an opportunity to submit
  suggestions and provide comments, which shall be given due consideration
  by the Secretary.
  (d) COORDINATION- Each department and agency of the United States shall
  appoint a representative to act as liaison with the Secretary in the
  course of preparation of the inventory and plan required by this section,
  and to ensure that all activities of the United States in or related to
  Antarctica are thereafter carried out in conformance with the plan.
  (e) INTERIM PROTECTION- Until the completion of the plan, no citizen,
  national, officer, or agent of the United States shall carry out any
  activities (including any discussions or negotiations on behalf of the
  United States with other nations or international organizations) related
  to or affecting Antarctica except in a manner consistent with the purpose
  of this Act and the policy set forth in section 1(b)(6).
SEC. 4. PROTECTIVE AMENDMENTS.
  (a) NO MINING- The Mining and Minerals Policy Act of 1970 is hereby amended
  by adding at the end thereof a new section, as follows:
  `SEC.  . ANTARCTICA- Notwithstanding any provision of the mining laws or
  this Act or any other provision of law, it shall be unlawful to carry out
  any mineral exploration or prospecting activity or mineral development
  activity in Antarctica, and no person, firm, or other entity that the
  Secretary of the Interior finds has carried out any such activity in
  Antarctica shall thereafter be eligible to file or maintain a claim or to
  receive a patent for any locatable mineral (wherever located) or a lease
  for any other mineral (wherever located) under any of the mining laws. For
  purposes of this section, the terms `Antarctica' `locatable mineral', and
  `mining laws' shall have the same meaning as such terms in the Antarctica
  World Park and Protection Act of 1990.'.
  (b) ENVIRONMENTAL AND HISTORIC PRESERVATION LAWS- The National Historic
  Preservation Act of 1966, Public Law 89-665, is hereby amended by adding
  at the end thereof a new section as follows:
  `SEC.  . ANTARCTICA- The Environmental and Historic Preservation Laws
  shall apply to actions in or affecting Antarctica by the United States,
  its citizens and nationals, and other entities whose actions in the United
  States are subject to such laws. For purposes of this section, the terms
  `Environmental and Historic Preservation Laws' and `Antarctica' shall
  have the same meaning as such terms have in the Antarctica World Park and
  Protection Act of 1990.'.
SEC. 5. REVIEW OF PROPOSALS.
  (a) ROLE OF SECRETARY- (1) The Secretary shall be given a copy of and
  kept fully and currently informed concerning each proposal or project by
  any agency of the United States that could affect Antarctica, together
  with all documents relevant thereto, and shall also be provided a copy
  of any proposal or project (and documents relevant thereto) relating to
  Antarctica made by any agency or instrumentality of any other nation or any
  international organization information or documents concerning which have
  been provided to the Secretary of State or any other officer or agency of
  the United States.
  (2) The Secretary shall make all information and documents provided under
  paragraph (1) available for public review and comments.
  (3) The Secretary shall promptly provide to all appropriate officers
  and agencies of the United States all comments received by the Secretary
  under paragraph (2), and shall also prepare and provide an analysis and
  comments which, in the case of a proposal for project by another nation
  or an international organziation, shall be transmitted to such nation or
  organization by the Secretary of State and which shall be the basis for
  the policy of the United States with respect to such proposal or project.
  (b) POLICY- (1) In evaluating proposals or projects, and information or
  documents related thereto, received under subsection (a) and in discharging
  all other responsibilities under this Act, the Secretary and all other
  officers of the United States shall act so as to further the purpose of
  this Act.
  (2) All actions of officers of the United States with respect to proposals
  or projects, and information or documents related thereto, provided to
  the Secretary under subsection (a) shall conform with and be guided by the
  analysis and comments of the Secretary regarding such proposals, projects,
  information, or documents.
  (3)(A) The United States shall not take any steps to exempt any actions
  by an agency, citizen, or national of the United States, or any other
  entity subject to any laws or policies of the United States, from any
  international agreement intended to protect any resources or values of
  Antarctica without the concurrence of the Secretary.
  (B) Prior to concurring in any step described in subparagraph (A), the
  Secretary shall notify Congress and the public and shall allow no less
  than sixty days (not including days in which either House of Congress is
  adjourned for more than three consecutive days) for public and congressional
  comments on the step under consideration.
SEC. 6. INTERNATIONAL COOPERATION.
  (a) ANTARCTIC TREATY- (1) Recommendations adopted by parties to the Antarctic
  Treaty that are intended to protect the environmental or other values of
  Antarctica and that are not inconsistent with the purpose and provisions
  of this Act shall apply to all actions by officers, agents, citizens,
  and nationals of the United States (and their employees or agents) unless
  no later than one hundred and eighty days after the adoption of any such
  recommendation the United States formally acts to exempt itself and its
  citizens and nationals from such recommendations, in a manner consistent
  with section 5(b)(3) of this Act.
  (2) If at any time the Secretary of State is reliably informed that any
  other nation has acted to exempt itself, its citizens or its nationals,
  from any recommendation of the type described in paragraph (1), such
  Secretary shall provide all information related to such action by such
  other nation to the Secretary and to Congress.
  (3)(A) If at any time the Secretary of State is reliably informed that any
  other nation intends to seek voting status under the Antarctic Treaty,
  such Secretary shall provide all information related to such action to
  the Secretary and the Congress.
  (B) The Secretary and the Secretary of State shall make all information
  provided under subparagraph (A) of this paragraph available for public
  review and comment.
  (C) The United States shall not take any steps to facilitate the extension
  of voting status under the Antarctic Treaty to any nation not having that
  status on the date of enactment of this Act unless and until such nation has
  agreed to be guided by and to act in conformance with all recommendations
  of the type described in subsection (a)(1) of this section and the plan
  and, if necessary, to act to restore or mitigate the damage to areas which
  the Secretary, in the inventory required under section 3(a) of this Act,
  has identified as in need of such action.
  (4) The President shall not submit to the Senate for advice and consent
  to ratification any convention or other agreement relating to mineral
  resource or other activities in Antarctica inconsistent with the purpose
  or provisions of this Act.
  (b) ADDITIONAL AGREEMENTS- (1) After completion of the inventory and plan
  required by section 3 of this Act, the Secretary of State shall transmit
  copies thereof to all other nations and shall invite their agreement to
  establish Antarctica as a World Park and to be guided by the plan with
  respect to any and all actions that could affect Antarctica.
  (2) Beginning at the special consultative meeting of Antarctic Treaty
  parties in Chile in 1990, and thereafter, the President, through the
  Secretary of State, shall begin negotiations with the other nations party
  to the Antarctic Treaty in order to establish agreements that will--
  (A) prevent activities inconsistent with management of Antarctica as a world
  park and will assist in fulfilling the purpose of this Act and in management
  of Antarctica as a world park in a manner consistent with the plan;
  (B) prohibit any prospecting or other mineral exploration or development
  activities in Antarctica; and
  (C) minimize adverse impacts on the environmental and other values of
  Antarctica (including those required to be identified as part of the
  inventory under section 3(a) of this Act) resulting from ongoing or future
  activities in Antarctica, including but not limited to use of vehicles,
  vessels, aircraft and incineration facilities and spillage or disposal of
  oil, wastes, or other materials onto the land or in the air or water.
  (c) SANCTIONS- (1) As soon as possible after the date of enactment of
  this Act, all officers or agents of the United States having any reliable
  information concerning any past, ongoing, or planned activities by any
  person or entity inconsistent with any recommendation of the type described
  in subsection (a)(1) of this section or the plan or activities intended to
  obtain seismic or other data concerning mineral resources of Antarctica
  shall provide such information to the Secretary, who shall make such
  information available to the public for review and comment.
  (2) As soon as possible after the date of enactment of this Act, the
  President, through the Secretary of State, shall request all nations whose
  citizens or nationals (or any employees thereof) are reasonably believed
  to have carried out activities of the type described in paragraph (1)
  to provide the data developed through such activities to the Secretary,
  for public dissemination.
  (3) The President shall instruct appropriate officers of the United States
  to report to the President and the Congress concerning sanctions (including
  but not limited to restrictions on commerce with the United States and on
  provision of technical or other assistance by the United States) that could
  be applied to any nation refusing to comply with a request under paragraph
  (2) of this subsection.
SEC. 7. CITIZEN SUITS.
  (a) RIGHT OF ACTION- Any citizen of the United States who has an interest
  which is or may be adversely affected may commence a civil action on his
  or her own behalf against any person or entity (including the United States
  or any agency thereof) alleged to be in violation of any provision of this
  Act or against any responsible Federal official where there is alleged a
  failure by such official to perform any act or duty under this Act which
  is not discretionary.
  (b) JURISDICTION- The district courts shall have jurisdiction, without
  regard to the amount in controversy or the citizenship of the parties,
  to hear and decide an action of the type described in subsection (a)
  and to provide any appropriate relief.
  (c) COSTS- A court, in issuing any final order in any action brought
  pursuant to this section, may award costs of litigation (including
  reasonable attorney and expert witness fees) to any prevailing party,
  whenever the court determines such award is appropriate.
  (d) OTHER RIGHTS NOT RESTRICTED- Nothing in this section shall restrict
  any right which any person may have under any statute or common law to
  seek enforcement of any regulation, permit, or requirement, or to seek
  any other relief.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
  There are authorized to be appropriated such sums as may be necessary to
  carry out this Act.