16 U.S.C. § 2461 — Findings and purpose
submitted 36 years ago by Pub. L. 101-594 to r/title-16-CONSERVATION · 427 words · no verdicts yet
This section states Congress's findings about Antarctica, its environment, international agreements, and risks from activity there. It states four purposes of the chapter, including stronger environmental protection, a prohibition on Antarctic mineral-resource activities by United States citizens and other persons subject to United States jurisdiction, and efforts toward international bans.
(a) Findings Congress finds that—
(1) Antarctica*, together with its “associated and dependent ecosystems,” is a distinctive environment. It provides a habitat for many unique species and a natural laboratory for monitoring important parts of stratospheric ozone depletion and global climate change. This section does not define “associated and dependent ecosystems.”
(2) A series of international agreements protects Antarctica. They include the Antarctic Treaty and related recommendations, the Convention on the Conservation of Antarctic Seals, and the Convention on the Conservation of Antarctic Marine Living Resources. These agreements are intended to conserve Antarctica's renewable natural resources and recognize Antarctica's importance for scientific research.
(3) Recurring and recent developments in Antarctica have raised serious questions about whether existing agreements and domestic law are adequate and are being properly implemented to protect the Antarctic environment and its living marine resources. These developments include more scientific stations, poor waste-disposal practices, oil spills, more tourism, and overuse of marine living resources.
(4) The parties to the Antarctic Treaty negotiated the Convention on the Regulation of Antarctic Mineral Resources* Activities. The United States has signed that convention but has not ratified it.
(5) The Convention on the Regulation of Antarctic Mineral Resources Activities does not guarantee preservation of Antarctica's fragile environment. It could actually encourage movement toward “Antarctic mineral resource activity*.” This section does not define “Antarctic mineral resource activity.”
(6) Mining or otherwise exploiting mineral resources in Antarctica could further damage the Antarctic environment, including by increasing the risk of oil spills.
(7) The Antarctic Treaty Consultative Parties agreed to a voluntary ban on “Antarctic mineral resource activities.” That ban needs to become legally binding. This section does not define “Antarctic mineral resource activities.”
(8) Scientific study, including the support facilities it needs, has increased to the point that some scientific programs may be degrading the Antarctic environment.
(9) The planned special consultative meeting of parties to the Antarctic Treaty, and the approaching thirtieth anniversary of that treaty, give the United States opportunities to lead efforts to protect and soundly manage Antarctica.
(b) Purpose The purpose of this chapter is to—
(1) substantially strengthen 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. This section does not define “prospecting,” “exploration,” “development,” or “persons subject to the jurisdiction of the United States.”
(3) urge other nations to join the United States immediately in negotiating one or more new agreements. Those agreements would 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. This section does not define “associated and dependent ecosystems.”
Congress finds that—
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;
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;
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;
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;
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*;
the exploitation of mineral resources in Antarctica could lead to additional degradation of the Antarctic environment, including increased risk of oil spills;
the Antarctic Treaty Consultative Parties have agreed to a voluntary ban on Antarctic mineral resource activities which needs to be made legally binding;
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
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.
The purpose of this chapter is to—
strengthen substantially overall environmental protection of Antarctica;
prohibit prospecting*, exploration*, and development* of Antarctic mineral resources by United States citizens and other persons subject to the jurisdiction of the United States;
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
urge all nations to consider a permanent ban on Antarctic mineral resource activities.
Source credit: (Pub. L. 101–594, § 2, Nov. 16, 1990, 104 Stat. 2975.)
- 1990Enacted · Pub. L. 101-594 · 104 Stat. 2975
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-594 on 1990-11-16.
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