§2403a Environmental Impact Assessment

Summary

Federal proposals for activities in Antarctica must follow the National Environmental Policy Act (NEPA). An agency must do a short environmental check unless it decides the activity will have less than a minor or transitory impact. If the short check shows the activity will likely have no more than a minor or transitory impact, the project can go ahead if the agency uses steps to watch and confirm the impact. If the short check shows the activity will likely have more than a minor or transitory impact, the agency must prepare and share a full environmental study and let the public comment. “Significantly affecting the quality of the human environment” means the same as having more than a minor or transitory impact. “Federal activity” covers any work done under a federal research program in Antarctica, even if done by others. If a U.S. activity is done with foreign governments, NEPA rules do not apply when another government provides the main part, is running the impact assessment, and is party to the Protocol. Otherwise NEPA applies. Those joint-activity decisions cannot be reviewed by courts. The Administrator had to write rules within 2 years after October 2, 1996, to assess nongovernmental activities (like tourism) that need advance notice and to coordinate reviews from other Parties; those rules must follow Annex I to the Protocol. A draft full study must be considered at an Antarctic Treaty Consultative Meeting before deciding to go ahead, but that review cannot delay a decision more than 15 months from when the draft was circulated. The Secretary of State must send the final full study at least 60 days before the activity starts and must publish notices in the Federal Register when required. Emergency actions for safety or urgent protection may skip these steps. These procedures are the only federal legal duties for agencies to assess environmental impacts in Antarctica, and they do not apply to permit decisions under section 2404.