(5) A permit which authorizes the introduction of a member of a non-native species into Antarctica

(A) may not be issued unless the non-native species is listed in Appendix B to Annex II to the Protocol;

(B) shall specify the number, species, and, if appropriate, age and sex of the animals or plants to which the permit applies;

(C) shall specify the precautions to be taken to prevent escape or contact with native fauna and flora;

(D) shall require that any animals or plants to which the permit applies, and any progeny, shall, prior to expiration of the permit, be removed from Antarctica or disposed of by incineration or equally effective means that eliminates risk to native fauna and flora;

(E) shall not permit the importation of dogs or live poultry or other living birds; and

(F) shall require that precautions be taken to prevent the release into the environment of micro-organisms (e.g., viruses, bacteria, parasites, yeasts and fungi) not present in native fauna and flora.

(6) A permit which authorizes entry into and engaging in activities within an Antarctic specially protected area shall

(A) if a management plan relating to the area has been approved, be issued only

(i) to enter and engage in activities within the specially protected area which the Director has determined are in accordance with the requirements of the management plan relating to that area; and

(ii) if accompanied by the relevant sections of the management plan; (B)if a management plan relating to the area has not been approved, be issued only

(i) if entry is necessary to accomplish a compelling scientific purpose which the Director has determined cannot be served elsewhere; and

(ii) if the Director has determined that the actions allowed under the permit will not jeopardize the natural ecological system existing in the area; and

(C) specify

(1) the extent and location of the specially protected area;

(ii) the activities authorized;

(iii) the period of time within which the authorized activities must be conducted, the area in which they must be conducted, and the person who is authorized to conduct them; and

(iv) other conditions imposed by the management plan, if any. (7) No permit shall be required for the importation of food into Antarctica, except that

(A) no live animals may be imported for this purpose;

(B) all plants and animal parts shall be kept under carefully controlled conditions and disposed of in accordance with the provisions of this Act; and (C) before dressed poultry is packaged for shipment to Antarctica, it shall be inspected for evidence of disease, such as Newcastles disease, tuberculosis, and yeast infection.

SECTION 6.-REGULATIONS

(a) IN GENERAL.-The Director, the Secretary, the Administrator, the Secretary of the Department in which the Coast Guard is operating, and the Secretary of State shall promulgate, in accordance with this section, such regulations as are necessary and appropriate to implement the provisions of this Act and the Protocol.

(b) REGULATIONS TO BE PROMULGATED BY THE SECRETARY.-The Secretary shall promulgate such regulations relating to Antarctic mineral resource activity as the Secretary deems are necessary and appropriate to implement the provisions of this Act and the Protocol.

(c) REGULATIONS TO BE PROMULGATED BY THE DIRECTOR.-The Director shall promulgate regulations which—

(1) designate as native species

(A) each species of the class Aves;

(B) each species of the class Mammalia;

(C) each species of plant; and

(D) each species of invertebrate;

which is indigenous to Antarctica or which occurs there seasonally through natural migrations;

(2) specify those actions which must, and those actions which must not, be taken within Antarctica in order to protect, in accordance with the applicable provisions of the Protocol, members of each native species designated under subsection (c)(1) of this section;

(3) designate as a specially protected species any species of native mammal, native bird, native invertebrate, or native plant which is—

(A) listed in Appendix A to Annex II to the Protocol; or

(B) approved by the United States for special protection under the Protocol; (4) designate as a non-native species that may be introduced into Antarctica only those species listed in Appendix B to Annex II to the Protocol;

(5) identify each area designated as a Antarctic specially protected area or specially managed area under the Protocol, and implement the provisions of the management plan applicable to such area;

(6) identify each historic site and monument—

(A) listed under Article 8 of Annex V to the Protocol; or

(B) approved by the United States for listing as a historic site or monument;

(7) require that any person who organizes, sponsors, operates, or promotes a non-governmental expedition to Antarctica, and who does business in the United States, 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; and

(8) set forth the form, content, and manner of filing, if applicable, of all notices, reports, declarations, or other documentation which may be required with respect to the carrying out of any act for which a permit is required under this Act.

(d) RESIDUAL REGULATORY AUTHORITY OF THE DIRECTOR.—In addition to the specific authorities set forth in subsection (c) of this section, the Director may promulgate such regulations relating to the conservation of Antarctic fauna and flora or area protection in Antarctica as the Director deems necessary and appropriate to implement the provisions of the Protocol, including but not limited to regulations which address a situation not covered by the annexes to the Protocol or in which a more rigorous or supplemental requirement is necessary.

(e) REGULATIONS TO BE PROMULGATED BY THE DIRECTOR WITH THE CONCURRENCE OF THE ADMINISTRATOR.-The Director, with the concurrence of the Administrator, shall promulgate regulations which

(1) designate as prohibited products—

(A) polychlorinated biphenyls;

(B) non-sterile soil;

(C) polystyrene beads or chips or similar forms of packaging;

(D) pesticides (other than those required for scientific, medical or hygiene purposes); and

(E) substances which the Parties to the Protocol or Treaty agree should be banned from use in Antarctica;

(2) designate as prohibited waste

(A) radioactive materials;

(B) electrical batteries;

(C) liquid and solid fuel;

(D) wastes containing harmful levels of heavy metals or acutely toxic or harmful persistent compounds;

(E) polyvinyl chloride, polyurethane foam, polystyrene foam, rubber and lubricating oils, treated timbers and other products which contain additives that could produce harmful emissions if incinerated;

(F) all other plastic wastes, except low density polyethylene containers (such as bags for storing wastes), provided that the capacity exists to incinerate such containers under paragraph (5) of this subsection, in which case such containers shall be incinerated;

(G) fuel drums and other solid, non-combustible wastes (provided that their removal would not result in greater adverse environmental impact than leaving them in their existing locations);

(H) unless incinerated, autoclaved, or otherwise treated to be made sterile

(i) residues of carcasses of imported animals;

(ii) laboratory culture of micro-organisms and plant pathogens;

(iii) medical wastes; and

(iv) introduced avian products; and

(I) the solid residue of incineration;

(3) provide that

(A) prohibited waste shall be removed from Antarctica;

(B) sewage, domestic liquid waste, and other liquid waste (other than prohibited waste) shall, to the maximum extent practicable, be removed from Antarctica;

(C) waste at field camps shall be transported to supporting stations or vessels for disposal in accordance with this Act; and

(D) wastes removed from Antarctica shall be disposed of in accordance with applicable domestic and international law;

(4) provide that sewage, domestic liquid waste, and other liquid waste (other than prohibited waste) to the maximum extent practicable are not disposed of onto sea ice, ice shelves, or the grounded ice-sheet, provided that such wastes which are generated by stations located inland on ice shelves or on the grounded ice-sheet may be disposed of in deep ice pits if such disposal is the only practicable option, as long as such pits are not located on known ice-flow lines which terminate at ice-free land areas or in areas of high ablation;

(5) if the Director determines, in consultation with the Administrator, through sound waste management planning, to allow incineration as a means of waste disposal, provide standards for incineration which—

(A) to the maximum extent practicable, reduce harmful emissions;
(B) take fully into account the provisions of Article 3 of the Protocol;

(C) are based on the criteria contained in sections 129(a)(2), 129(a)(4), and 129(c) of the Clean Air Act (42 USC 7429(a)(2), (a)(4), and (c)), taking into account the unique circumstances of Antarctic logistics, operations, and the Antarctic environment; and

(D) take into account any emission standards and equipment guidelines which may be recommended by the Committee for Environmental Protection and the Scientific Committee on Antarctic Research.

If it has been determined to use incineration as a means of waste disposal, the Director, in consultation with the Administrator, shall review such determination not later than five years after the initial promulgation of any incineration standards, and at five-year intervals thereafter. Such review shall take into account technological advances in waste disposal and removal, new information concerning effects on human health and the environment, and the state of the Antarctic environment;

(6) provide that all wastes to be removed from Antarctica, or disposed of in Antarctica, shall be stored in such a way as to prevent their release into the environment;

(7) provide, with respect to the United States Antarctic Program and any other United States Government program in Antarctica, in accordance with Articles 8, 9 and 10 of Annex III to the Protocol, for

(A) the establishment of a waste disposal classification system;

(B) the preparation, and annual review and update, of waste management plans, taking into account Article 1(3) of Annex III to the Protocol; and

(C) other waste management activities of such programs; and

(8) provide that past and present waste disposal sites on land and abandoned work sites of Antarctic activities shall be cleaned up by the generator of such wastes and the user of such sites, provided that

(A) such regulations shall not require the removal of any structure designated as a historic site or monument, or the removal of any structure or waste material in circumstances where the removal by any practical option would result in greater adverse environmental impact than leaving the structure or waste material in its existing location; and

(B) such regulations shall take into account considerations of practicality, and of the safety of human life. (f) RESIDUAL REGULATORY AUTHORITY OF THE DIRECTOR WITH THE CONCURRENCE OF THE ADMINISTRATOR.—In addition to the specific authorities set forth in subsection (e) of this section, the Director, with the concurrence of the Administrator, may

(1) promulgate such regulations relating to waste disposal and waste management in Antarctica as the Director deems necessary and appropriate to implement the provisions of the Protocol, including but not limited to regulations which address a situation not covered by the annexes to the Protocol or in which a more rigorous or supplemental requirement is necessary; and

(2) designate additional items as prohibited products or prohibited waste under subsection (e)(1) and (e)(2) of this section, when the Director determines

that such designation is necessary and appropriate to protect human health or the Antarctic environment.

(g) REGULATIONS TO BE PROMULGATED BY THE SECRETARY OF STATE.-The Secretary of State shall promulgate such regulations as are necessary and appropriate to implement, with respect to any person, paragraph 5 of Article VII of the Treaty, pertaining to the filing of advance notifications of expeditions to and within Antarctica, including a requirement for such person to describe how he or she plans to comply with any regulations promulgated under subsection (h) of this section. (h) REGULATIONS WITH RESPECT TO CONTINGENCY PLANNING AND RESPONSE AC

TION.

(1) The Secretary of the Department in which the Coast Guard is operating, in addition to the regulations specified in section 9, shall promulgate, with the concurrence of the Director, such regulations as are necessary and appropriate to implement the provisions of Article 15 of the Protocol with respect to vessels. (2) The Director shall promulgate such regulations as are necessary and appropriate to implement the provisions of Article 15 of the Protocol with respect to land areas and ice shelves in Antarctica.

(i) RESIDUAL REGULATORY AUTHORITY OF THE SECRETARY OF THE DEPARTMENT IN WHICH THE COAST GUARD IS OPERATING. In addition to the specific authority set forth in subsection (h) of this section and in section 9, the Secretary of the Department in which the Coast Guard is operating may promulgate such regulations relating to marine pollution in Antarctica as the Secretary of said Department deems necessary and appropriate to implement the provisions of the Protocol, including but not limited to regulations which address a situation not covered by the annexes to the Protocol or in which a more rigorous or supplemental requirement is necessary. (j) TIME PERIOD FOR REGULATIONS.-The regulations to be promulgated under subsections (c) and (g) of this section shall be promulgated within 24 months after the date of enactment of this Act. The regulations to be promulgated under subsection (e) of this section shall be promulgated within 36 months after the date of enactment of this Act.

SECTION 7.-ENVIRONMENTAL IMPACT ASSESSMENT

(a) FEDERAL ACTIVITIES.—

(1)(A) It is the intent of Congress to implement U.S. obligations under Article 8 of and Annex I to the Protocol by applying the National Environmental Policy Act (42 USC 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 (42 USC 4332(2)(C)) shall apply to proposals for federal agency activities occurring in Antarctica and affecting the quality of the human environment in Antarctica or dependent or associated ecosystems, as specified in this section.

(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 environment evaluation is being prepared in accordance with paragraph (2XC) of this subsection, 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 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 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) of this subsection 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, deems relevant.

(4) For the purposes of this section:

(A) the term "federal activity" includes, but is not limited to, activities conducted under a federal agency research program in Antarctica, whether or not conducted by a federal agency; and

(B) activities that may have a "significant" impact, within the meaning of section 102(2)(C) of the National Environmental Policy Act (42 USČ 4332(2)(C)), are deemed to fall within the category of activities that are likely to have "more than a minor or transitory impact”.

(b) FEDERAL ACTIVITIES CARRIED OUT JOINTLY WITH FOREIGN GOVERNMENTS.— (1) For the purposes of this subsection, “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, as defined in regulations promulgated by such agencies as the President may designate.

(2) Where the Secretary of State, in cooperation with the lead U.S. agency planning an Antarctic joint activity and with the other government or governments involved, determines that a government other than the United States, which has signed or acceded to the Protocol, is coordinating the implementation of environmental impact assessment procedures for that activity, the requirements of subsection (a) of this section shall not apply in respect of that activity. (3) Determinations under paragraph (2) of this subsection, 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 24 months after the date of enactment of this Act, 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 the provisions of Annex 1 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, provided that no decision to proceed with a proposed activity shall be delayed through the operation of this subsection for more than 15 months from the date of circulation of the draft comprehensive environmental evaluation.

(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 GO days before the commencement of the activity in Antarctica. (e) CASES OF EMERGENCY.-The requirements set out in this section, and in regulations promulgated under it, 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 these requirements.

(f) JUDICIAL REVIEW.-Agency compliance with subsection (a) of this section shall be reviewable under sections 701 et seq. of Title 5, subject to the provisions of subsection (b)(3) of this section.

(g) REPORTING.-The Secretary of State and the Administrator shall report annually to the Congress regarding implementation of this section. Their reports shall include information provided under Article 6 of Annex I to the Protocol, copies of all comprehensive environmental evaluations circulated and all public comments received, as well as descriptions of any Antarctic joint activities and the environmental impact documentation associated therewith.

(h) EXCLUSIVE MECHANISM.-Notwithstanding any other provision of law, the requirements of the National Environmental Policy Act as specified in 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.

(i) 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 permitting decisions under section 5.

SECTION 8.-MONITORING

The Director, in consultation with the Administrator, shall promulgate such regulations as are necessary and appropriate, in accordance with Article 8 of and Annex