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16 U.S.C. § 2403a — Environmental impact assessment

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 2403a — Environmental impact assessment

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Source location: Title 16, Chapter 44, § 2403a; chapter-044-antarctic-conservation.md

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**(a) Federal activities** (1) (A) The obligations of the United States under Article 8 of and Annex I to the Protocol shall be implemented by applying the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) 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 of 1969 ([42 U.S.C. 4332(2)(C)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4332/2/C&num=0&edition=prelim)) shall apply to all proposals for Federal agency activities occurring in Antarctica and affecting the quality of the human environment in Antarctica or dependent or associated ecosystems, only as specified in this section. For purposes of the application of such section 102(2)(C) under this subsection, the term “significantly affecting the quality of the human environment” shall have the same meaning as the term “more than a minor or transitory impact”. (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 environmental evaluation is being prepared in accordance with subparagraph (C), 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 no more than 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 and circulate 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) 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, considers relevant. (4) For the purposes of this section, the term “Federal activity” includes all activities conducted under a Federal agency research program in Antarctica, whether or not conducted by a Federal agency. **(b) Federal activities carried out jointly with foreign governments** (1) For the purposes of this subsection, the term “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. Such term shall be defined in regulations promulgated by such agencies as the President may designate. (2) Where the Secretary of State, in cooperation with the lead United States agency planning an Antarctic joint activity, determines that— (A) the major part of the joint activity is being contributed by a government or governments other than the United States; (B) one such government is coordinating the implementation of environmental impact assessment procedures for that activity; and (C) such government has signed, ratified, or acceded to the Protocol, the requirements of subsection (a) of this section shall not apply with respect to that activity. (3) In all cases of Antarctic joint activity other than those described in paragraph (2), the requirements of subsection (a) of this section shall apply with respect to that activity, except as provided in paragraph (4). (4) Determinations described in paragraph (2), 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 2 years after October 2, 1996, 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 Annex I 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, except that no decision to proceed with a proposed activity shall be delayed through the operation of this paragraph for more than 15 months from the date of circulation of the draft comprehensive environmental evaluation pursuant to Article 3(3) of Annex I to the Protocol. (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 60 days before the commencement of the activity in Antarctica. **(e) Cases of emergency** The requirements of this section, and of regulations promulgated under this section, 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 those requirements. **(f) Exclusive mechanism** Notwithstanding any other provision of law, the requirements of 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. **(g) 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 Federal actions with respect to issuing permits under [section 2404 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2404&num=0&edition=prelim). **(h) Publication of notices** Whenever the Secretary of State makes a determination under paragraph (2) of subsection (b) of this section, or receives a draft comprehensive environmental evaluation in accordance with Annex I, Article 3(3) to the Protocol, the Secretary of State shall cause timely notice thereof to be published in the Federal Register.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 2404 — Permits

**(a) In general** The Director may issue permits which authorize acts otherwise prohibited by [section 2403(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2403/b&num=0&edition=prelim). **(b) Applications for permits** (1) Applications for permits under this section shall be made in such manner and form, and shall contain such information, as the Director shall by regulation prescribe. (2) The Director shall publish notice in the Federal Register of each application which is made for a permit under this section. The notice shall invite the submission by interested parties, within 30 days after the date of publication of the notice, of written data, comments, or views with respect to the application. Information received by the Director as a part of any application shall be available to the public as a matter of public record. **(c) Action by appropriate Secretaries on certain permit applications** (1) If the Director receives an application for a permit under this section requesting authority to undertake any action with respect to— (A) any native mammal which is a marine mammal within the meaning of section 1362(5) 11 See References in Text note below. of this title; (B) any native mammal, native bird, or native plant which is an endangered species or threatened species under the Endangered Species Act of 1973 ([16 U.S.C. 1531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.); or (C) any native bird which is protected under the Migratory Bird Treaty Act ([16 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section701&num=0&edition=prelim) et seq.); the Director shall submit a copy of the application to the Secreta

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4321 — Repealed. Pub. L. 117–58, div. G, title VIII, § 70801(h), Nov. 15, 2021, 135 Stat. 1294

### Statutory Notes Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 2403a — Environmental impact assessment

Page 2180 TITLE 16—CONSERVATION § 2403a the person knows, or in the exercise of due care should have known, was taken in viola- tion of this chapter. (c) Exception for emergencies No act described in subsection (a)(1), (2), (3), (4), (5), (7), (12), or (13) or in subsection (b) shall be unlawful if the person committing the act reasonably believed that the act was committed under emergency circumstances involving the safety of human life or of ships, aircraft, or equipment or facilities of high value, or the pro- tection of the environment. (Pub. L. 95–541, § 4, Oct. 28, 1978, 92 Stat. 2049; Pub. L. 104–227, title I, § 103, Oct. 2, 1996, 110 Stat. 3036.) Editorial Notes REFERENCES IN TEXT The Act to Prevent Pollution from Ships, referred to in subsecs. (a)(5) and (b)(1), is Pub. L. 96–478, Oct. 21, 1980, 94 Stat. 2297, which is classified principally to chapter 33 (§ 1901 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1901 of Title 33 and Tables. AMENDMENTS 1996—Pub. L. 104–227 reenacted section catchline without change and amended text generally. Prior to amendment, text consisted of subsec. (a) ‘‘In General’’, which set forth unlawful acts in pars. (1) to (4) and pro- vided that such acts would not be unlawful if com- mitted under emergency circumstances to prevent the loss of human life, and subsec. (b) ‘‘Exception’’, which provided that subsec. (a) would not apply with respect to any native mammal, native bird, or native plant held in captivity or to any offspring of such mammal, bird, or plant. § 2403a. Environmental impact assessment (a) Federal activities (1)(A) The obligations of the United States under Article 8 of and Anne

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4321 — Congressional declaration of purpose

Page 6095 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 Sec. 4368a. Utilization of talents of older Americans in projects of pollution prevention, abate- ment, and control. 4368b. General assistance program. 4369. Miscellaneous reports. 4369a. Reports on environmental research and devel- opment activities of Agency. 4370. Reimbursement for use of facilities. 4370a. Assistant Administrators of Environmental Protection Agency; appointment; duties. 4370b. Availability of fees and charges to carry out Agency programs. 4370c. Environmental Protection Agency fees. 4370d. Percentage of Federal funding for organiza- tions owned by socially and economically disadvantaged individuals. 4370e. Working capital fund in Treasury. 4370f. Availability of funds after expiration of pe- riod for liquidating obligations. 4370g. Availability of funds for uniforms and certain services. 4370h. Availability of funds for facilities. 4370i. Regional liaisons for minority, tribal, and low-income communities. 4370j. Municipal Ombudsman. SUBCHAPTER IV—FEDERAL PERMITTING IMPROVEMENT 4370m. Definitions. 4370m–1. Federal Permitting Improvement Steering Council. 4370m–2. Permitting process improvement. 4370m–3. Interstate compacts. 4370m–4. Coordination of required reviews. 4370m–5. Delegated State permitting programs. 4370m–6. Litigation, judicial review, and savings provi- sion. 4370m–7. Reports. 4370m–8. Funding for governance, oversight, and proc- essing of environmental reviews and per- mits. 4370m–9. Application. 4370m–10. GAO report. 4370m–11. Savings provision. 4370m–12. Repealed. § 4321. Congressional declaration of purpose The purposes of this chapter are: To declare a national policy which will encourage productive and enjoyable harmony

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4332 — Congressional declaration of national environmental policy

**(a)** The Congress, recognizing the profound impact of man’s activity on the interrelations of all components of the natural environment, particularly the profound influences of population growth, high-density urbanization, industrial expansion, resource exploitation, and new and expanding technological advances and recognizing further the critical importance of restoring and maintaining environmental quality to the overall welfare and development of man, declares that it is the continuing policy of the Federal Government, in cooperation with State and local governments, and other concerned public and private organizations, to use all practicable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans. **(b)** In order to carry out the policy set forth in this chapter, it is the continuing responsibility of the Federal Government to use all practicable means, consistent with other essential considerations of national policy, to improve and coordinate Federal plans, functions, programs, and resources to the end that the Nation may— (1) fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; (2) assure for all Americans safe, healthful, productive, and esthetically and culturally pleasing surroundings; (3) attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences; (4) preserve important historic, cultural, and natural aspects of our national heritag

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4332 — Cooperation of agencies; reports; avail-

Page 6139 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4332 (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. J.R. BIDEN, JR. SUBCHAPTER I—POLICIES AND GOALS § 4331. Congressional declaration of national en- vironmental policy (a) The Congress, recognizing the profound im- pact of man’s activity on the interrelations of all components of the natural environment, par- ticularly the profound influences of population growth, high-density urbanization, industrial expansion, resource exploitation, and new and expanding technological advances and recog- nizing further the critical importance of restor- ing and maintaining environmental quality to the overall welfare and development of man, de- clares that it is the continuing policy of the Federal Government, in cooperation with State and local governments, and other concerned public and private organizations, to use all prac- ticable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive har- mony, and fulfill the social, economic, and other requirements of present and future generations of Americans. (b) In order to carry out the policy set forth in this chapter, it is the continuing responsibility of the Federal Government to use all practicable means, consistent with other essential consider- ations of national policy, to improve and coordi- nate Federal plans, functions, programs, and re- sources to the end that the Nati

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