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16 USC CHAPTER 44B - ANTARCTIC MINERAL RESOURCES

PROTECTION 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 44B - ANTARCTIC MINERAL RESOURCES PROTECTION

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CHAPTER 44B - ANTARCTIC MINERAL RESOURCES PROTECTION

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Sec.

2461. Findings and purpose.

(a) Findings.

(b) Purpose.

2462. Definitions.

2463. Prohibition of Antarctic mineral resource activities.

2464. Repealed.

2465. Enforcement.

(a) In general.

(b) Penalty.

2466. Repealed.

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16 USC Sec. 2461 01/06/03

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Sec. 2461. Findings and purpose

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(a) Findings

Congress finds that -

(1) the Antarctic continent with its associated and dependent

ecosystems is a distinctive environment providing a habitat for

many unique species and offering a natural laboratory from which

to monitor critical aspects of stratospheric ozone depletion and

global climate change;

(2) Antarctica is protected by a series of international

agreements, including the Antarctic Treaty and associated

recommendations, the Convention on the Conservation of Antarctic

Seals, and the Convention on the Conservation of Antarctic Marine

Living Resources, which are intended to conserve the renewable

natural resources of Antarctica and to recognize the importance

of Antarctica for the conduct of scientific research;

(3) recurring and recent developments in Antarctica, including

increased siting of scientific stations, poor waste disposal

practices, oil spills, increased tourism, and the

over-exploitation of marine living resources, have raised serious

questions about the adequacy and implementation of existing

agreements and domestic law to protect the Antarctic environment

and its living marine resources;

(4) the parties to the Antarctic Treaty have negotiated a

Convention on the Regulation of Antarctic Mineral Resources

Activities which the United States has signed but not yet

ratified;

(5) the Convention on the Regulation of Antarctic Mineral

Resources Activities does not guarantee the preservation of the

fragile environment of Antarctica and could actually stimulate

movement toward Antarctic mineral resource activity;

(6) the exploitation of mineral resources in Antarctica could

lead to additional degradation of the Antarctic environment,

including increased risk of oil spills;

(7) the Antarctic Treaty Consultative Parties have agreed to a

voluntary ban on Antarctic mineral resource activities which

needs to be made legally binding;

(8) the level of scientific study, including necessary support

facilities, has increased to the point that some scientific

programs may be degrading the Antarctic environment; and

(9) the planned special consultative meeting of parties to the

Antarctic Treaty and the imminence of the thirtieth anniversary

of the Antarctic Treaty provide opportunities for the United

States to exercise leadership toward protection and sound

management of Antarctica.

(b) Purpose

The purpose of this chapter is to -

(1) strengthen substantially overall environmental protection

of Antarctica;

(2) prohibit prospecting, exploration, and development of

Antarctic mineral resources by United States citizens and other

persons subject to the jurisdiction of the United States;

(3) urge other nations to join the United States in immediately

negotiating one or more new agreements to provide an indefinite

ban on all Antarctic mineral resource activities and

comprehensive protection for Antarctica and its associated and

dependent ecosystems; and

(4) urge all nations to consider a permanent ban on Antarctic

mineral resource activities.

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(Pub. L. 101-594, Sec. 2, Nov. 16, 1990, 104 Stat. 2975.)

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SHORT TITLE

Section 1 of Pub. L. 101-594 provided that: ''This Act (enacting

this chapter) may be cited as the 'Antarctic Protection Act of

1990'.''

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16 USC Sec. 2462 01/06/03

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Sec. 2462. Definitions

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For the purposes of this chapter:

(1) The term ''Antarctica'' means the area south of the

Antarctic Convergence as defined in section 2432(1) of this

title.

(2) The term ''Antarctic mineral resource activity'' means

prospecting, exploration, or development in Antarctica of mineral

resources, but does not include scientific research within the

meaning of article III of the Antarctic Treaty, done at

Washington on December 1, 1959.

(3) The term ''development'' means any activity, including

logistic support, which takes place following exploration, the

purpose of which is the exploitation of specific mineral resource

deposits, including processing, storage, and transport

activities.

(4) The term ''exploration'' means any activity, including

logistic support, the purpose of which is the identification or

evaluation of specific mineral resource deposits. The term

includes exploratory drilling, dredging, and other surface or

subsurface excavations required to determine the nature and size

of mineral resource deposits and the feasibility of their

development.

(5) The term ''mineral resources'' means all nonliving natural

nonrenewable resources, including fossil fuels, minerals, whether

metallic or nonmetallic, but does not include ice, water, or

snow.

(6) The term ''person'' means any individual, corporation,

partnership, trust, association, or any other entity existing or

organized under the laws of the United States, or any officer,

employee, agent, department, or other instrumentality of the

Federal Government or of any State or political subdivision

thereof.

(7) The term ''prospecting'' means any activity, including

logistic support, the purpose of which is the identification of

mineral resource potential for possible exploration and

development.

(8) The term ''Under Secretary'' means the Under Secretary of

Commerce for Oceans and Atmosphere.

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(Pub. L. 101-594, Sec. 3, Nov. 16, 1990, 104 Stat. 2976.)

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16 USC Sec. 2463 01/06/03

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Sec. 2463. Prohibition of Antarctic mineral resource activities

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It is unlawful for any person to engage in, finance, or otherwise

knowingly provide assistance to any Antarctic mineral resource

activity.

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(Pub. L. 101-594, Sec. 4, Nov. 16, 1990, 104 Stat. 2977; Pub. L.

104-227, title II, Sec. 202(a), Oct. 2, 1996, 110 Stat. 3044.)

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AMENDMENTS

1996 - Pub. L. 104-227 substituted ''It'' for ''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''.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2465 of this title.

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16 USC Sec. 2464 01/06/03

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Sec. 2464. Repealed. Pub. L. 104-227, title II, Sec. 202(b), Oct.

2, 1996, 110 Stat. 3044

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Section, Pub. L. 101-594, Sec. 5, Nov. 16, 1990, 104 Stat. 2977,

declared the sense of Congress that Secretary of State should

negotiate international agreements relating to protection of

Antarctic environment and that any such international agreement be

consistent with purpose and provisions of this chapter.

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16 USC Sec. 2465 01/06/03

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Sec. 2465. Enforcement

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(a) In general

A violation of this chapter or any regulation promulgated under

this chapter is deemed to be a violation of the Antarctic Marine

Living Resources Convention Act (16 U.S.C. 2431-2444) and shall be

enforced under that Act by the Under Secretary or another Federal

official to whom the Under Secretary has delegated this

responsibility.

(b) Penalty

If the Under Secretary determines that a person has violated

section 2463 of this title -

(1) that person shall be ineligible to locate a mining claim

under the mining laws of the United States; and

(2) the Secretary of the Interior shall refuse to issue a

patent under the mining laws of the United States, or a lease

under the laws of the United States related to mineral or

geothermal leasing, to any such person who attempts to perfect

such patent or lease application after the Under Secretary has

made such determination.

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(Pub. L. 101-594, Sec. 5, formerly Sec. 6, Nov. 16, 1990, 104 Stat.

2977; renumbered Sec. 5, Pub. L. 104-227, title II, Sec. 202(c),

Oct. 2, 1996, 110 Stat. 3044.)

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REFERENCES IN TEXT

The Antarctic Marine Living Resources Convention Act, referred to

in subsec. (a), probably means the Antarctic Marine Living

Resources Convention Act of 1984, title III of Pub. L. 98-623, Nov.

8, 1984, 98 Stat. 3398, which is classified generally to chapter

44A (Sec. 2431 et seq.) of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

2431 of this title and Tables.

The mining laws of the United States and the mineral leasing

laws, referred to in subsec. (b), are classified generally to Title

30, Mineral Lands and Mining.

Geothermal leasing laws, referred to in subsec. (b)(2), are

classified principally to chapter 23 (Sec. 1001 et seq.) of Title

30.

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PRIOR PROVISIONS

A prior section 5 of Pub. L. 101-594 was classified to section

2464 of this title prior to repeal by Pub. L. 104-227.

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16 USC Sec. 2466 01/06/03

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Sec. 2466. Repealed. Pub. L. 104-227, title II, Sec. 202(b), Oct.

2, 1996, 110 Stat. 3044

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Section, Pub. L. 101-594, Sec. 7, Nov. 16, 1990, 104 Stat. 2978,

authorized appropriations for fiscal years 1991 and 1992 to carry

out this chapter.

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