§2461 — Title 16 Conservation | U.S. Code

Summary

It requires stronger protection for Antarctica and bans U.S. citizens and others under U.S. law from looking for, exploring, or developing mineral resources there. Antarctica is a unique place that supports special plants and animals and helps scientists study ozone and climate. There are international treaties to protect it, but more research stations, bad waste handling, oil spills, rising tourism, and overuse of marine life show the rules may not be enough. The United States signed but has not ratified a convention on Antarctic mining that might not keep the continent safe and could encourage mining. Treaty parties have a voluntary ban that needs to become legally binding, and the upcoming consultative meeting and the thirtieth anniversary of the Antarctic Treaty are chances for U.S. leadership. The law’s goals are to make Antarctic protection much stronger, bar U.S. prospecting, exploration, and development of minerals, urge other countries to negotiate an indefinite ban and full protection for Antarctica, and ask all nations to consider a permanent ban on Antarctic mineral activities.

Title 16, §2461

Conservation — Source: USLM XML via OLRC

(a)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)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.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 101–594, § 1, Nov. 16, 1990, 104 Stat. 2975, provided that: “This Act [enacting this chapter] may be cited as the ‘Antarctic Protection Act of 1990’.”

§2461 Findings and Purpose

Summary

Title 16, §2461

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Short Title

Citations & Metadata