§ 2403a. — Environmental impact assessment.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC2403a]
TITLE 16--CONSERVATION
CHAPTER 44--ANTARCTIC CONSERVATION
Sec. 2403a. 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 October 2, 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 2404 of this
title.
(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.
(Pub. L. 95-541, Sec. 4A, as added Pub. L. 104-227, title I, Sec. 104,
Oct. 2, 1996, 110 Stat. 3038.)
References in Text
The National Environmental Policy Act of 1969, referred to in
subsec. (a)(1)(A), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
amended, which is classified generally to chapter 55 (Sec. 4321 et seq.)
of Title 42, The Public Health and Welfare. For complete classification
of this Act to the Code, see Short Title note set out under section 4321
of Title 42 and Tables.
