§ 2461. — Findings and purpose.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC2461]
TITLE 16--CONSERVATION
CHAPTER 44B--ANTARCTIC MINERAL RESOURCES PROTECTION
Sec. 2461. Findings and purpose
(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.
(Pub. L. 101-594, Sec. 2, Nov. 16, 1990, 104 Stat. 2975.)
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'.''
