16 U.S.C. § 2401 — Congressional findings and declaration of

Page 2177 TITLE 16—CONSERVATION § 2401 1290, and Pub. L. 110–246, § 4(a), title VIII, § 8203(a), June 18, 2008, 122 Stat. 1664, 2051; amended Pub. L. 115–334, title II, § 2403(a)(2)(B), Dec. 20, 2018, 132 Stat. 4571.) Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2018—Subsec. (a)(4). Pub. L. 115–334 struck out par. (4). Text read as follows: ‘‘The term ‘Secretary’ means the Secretary of Agriculture.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture. REGULATIONS Pub. L. 110–234, title VIII, § 8203(b), May 22, 2008, 122 Stat. 1291, and Pub. L. 110–246, § 4(a), title VIII, § 8203(b), June 18, 2008, 122 Stat. 1664, 2052, provided that: ‘‘Not later than one year after the date of the enactment of this Act [June 18, 2008], the Secretary of Agriculture shall issue regulations to carry out section 407 of the Agricultural Credit Act of 1978 [16 U.S.C. 2206], as added by subsection (a).’’ [Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.] CHAPTER 43—PUBLIC TRANSPORTATION PROGRAMS FOR NATIONAL PARK SYSTEM AREAS Sec. 2301 to 2306. Omitted, Transferred, or Repealed. § 2301. Omitted or Transferred Editorial Notes CODIFICATION Section, Pub. L. 95–344, title III, § 301, Aug. 15, 1978, 92 Stat. 477, which related to congressional statement of findings and purpose, was omitted in part and trans- ferred in part. Subsec. (a), which related to findings, was omitted from the Code following the enactment of Title 54, National Park Service and Related Programs, by Pub. L. 113–287. Subsec. (b), which related to purpose of former chapter 43 of this title, was transferred and is set out as a note under section 101521 of Title 54. § 2302. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 95–344, title III, § 302, Aug. 15, 1978, 92 Stat. 478; Pub. L. 103–437, § 6(d)(18), Nov. 2, 1994, 108 Stat. 4584; Pub. L. 104–333, div. I, title VIII, § 814(d)(1)(A), Nov. 12, 1996, 110 Stat. 4195, related to transportation service and facility programs. See section 101521 of Title 54, Na- tional Park Service and Related Programs. § 2303. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 95–344, title III, § 303, Aug. 15, 1978, 92 Stat. 479; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 103–437, § 6(d)(18), Nov. 2, 1994, 108 Stat. 4584, related to transportation projects. See section 101522 of Title 54, National Park Service and Related Programs. § 2304. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 95–344, title III, § 304, Aug. 15, 1978, 92 Stat. 479; Pub. L. 103–437, § 6(d)(18), Nov. 2, 1994, 108 Stat. 4584, related to procedures applicable to formulation and implementation of transportation plans and projects developed pursuant to plans. See section 101523 of Title 54, National Park Service and Related Pro- grams. § 2305. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 95–344, title III, § 305, Aug. 15, 1978, 92 Stat. 479, required a report to Congress within 3 years of Aug. 15, 1978. § 2306. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 95–344, title III, § 306, Aug. 15, 1978, 92 Stat. 480, related to authorizations of appropriations for fiscal years 1979 to 1981 and availability of amounts. CHAPTER 44—ANTARCTIC CONSERVATION Sec. 2401. Congressional findings and declaration of pur- pose. 2402. Definitions. 2403. Prohibited acts. 2403a. Environmental impact assessment. 2404. Permits. 2405. Regulations. 2406. Notification of travel to Antarctica. 2407. Civil penalties. 2408. Criminal offenses. 2409. Enforcement. 2410. Jurisdiction of district courts. 2411. Federal agency cooperation. 2412. Relationship to existing treaties. 2413. Saving provisions. § 2401. Congressional findings and declaration of purpose (a) Findings The Congress finds that— (1) for well over a quarter of a century, sci- entific investigation has been the principal ac- tivity of the Federal Government and United States nationals in Antarctica; (2) more recently, interest of American tour- ists in Antarctica has increased; (3) as the lead civilian agency in Antarctica, the National Science Foundation has long had responsibility for ensuring that United States scientific activities and tourism, and their supporting logistics operations, are conducted with an eye to preserving the unique values of the Antarctic region; (4) the Antarctic Treaty and the Protocol es- tablish a firm foundation for the conservation of Antarctic resources, for the continuation of international cooperation and the freedom of scientific investigation in Antarctica; and (5) the Antarctic Treaty and the Protocol es- tablish international mechanisms and create legal obligations necessary for the mainte- nance of Antarctica as a natural reserve de- voted to peace and science. (b) Purpose The purpose of this chapter is to provide for the conservation and protection of the fauna Page 2178 TITLE 16—CONSERVATION § 2402 and flora of Antarctica, and of the ecosystem upon which such fauna and flora depend, con- sistent with the Antarctic Treaty and the Pro- tocol. (Pub. L. 95–541, § 2, Oct. 28, 1978, 92 Stat. 2048; Pub. L. 104–227, title I, § 101, Oct. 2, 1996, 110 Stat. 3034.) Editorial Notes AMENDMENTS 1996—Subsec. (a)(1) to (3). Pub. L. 104–227, § 101(a)(1), added pars. (1) to (3). Former pars. (1) and (2) redesig- nated (4) and (5), respectively. Subsec. (a)(4). Pub. L. 104–227, § 101(a)(1), (2), redesig- nated par. (1) as (4) and substituted ‘‘the Protocol es- tablish a firm foundation for the conservation of Ant- arctic resources,’’ for ‘‘the Agreed Measures for the Conservation of Antarctic Fauna and Flora, adopted at the Third Antarctic Treaty Consultative Meeting, have established a firm foundation’’. Subsec. (a)(5). Pub. L. 104–227, § 101(a)(1), (3), redesig- nated par. (2) as (5) and substituted ‘‘the Antarctic Treaty and the Protocol establish international mecha- nisms and create legal obligations necessary for the maintenance of Antarctica as a natural reserve devoted to peace and science.’’ for ‘‘the study of Antarctic fauna and flora, their adaptation to their rigorous envi- ronment, and their interrelationships with that envi- ronment has special scientific importance for all man- kind.’’ Subsec. (b). Pub. L. 104–227, § 101(b), substituted ‘‘Treaty and the Protocol’’ for ‘‘Treaty, the Agreed Measures for the Conservation of Antarctic Fauna and Flora, and Recommendation VII–3 of the Eighth Ant- arctic Treaty Consultative Meeting’’. Statutory Notes and Related Subsidiaries SHORT TITLE OF 1996 AMENDMENT Pub. L. 104–227, § 1, Oct. 2, 1996, 110 Stat. 3034, provided that: ‘‘This Act [enacting sections 2403a and 2413 of this title, amending this section, sections 2402 to 2405, and 2463 of this title, and sections 1901 to 1903, 1905, 1907, and 1908 of Title 33, Navigation and Navigable Waters, and repealing sections 2464 and 2466 of this title] may be cited as the ‘Antarctic Science, Tourism, and Conserva- tion Act of 1996’.’’ SHORT TITLE Pub. L. 95–541, § 1, Oct. 28, 1978, 92 Stat. 2048, provided: ‘‘That this Act [enacting this chapter, amending sec- tion 1971 of Title 22, Foreign Relations and Intercourse, and enacting a provision set out as a note under section 1971 of Title 22] may be cited as the ‘Antarctic Con- servation Act of 1978’.’’ § 2402. Definitions For purposes of this chapter— (1) the term ‘‘Administrator’’ means the Ad- ministrator of the Environmental Protection Agency; (2) the term ‘‘Antarctica’’ means the area south of 60 degrees south latitude; (3) the term ‘‘Antarctic Specially Protected Area’’ means an area identified as such pursu- ant to Annex V to the Protocol; (4) the term ‘‘Director’’ means the Director of the National Science Foundation; (5) the term ‘‘harmful interference’’ means— (A) flying or landing helicopters or other aircraft in a manner that disturbs con- centrations of birds or seals; (B) using vehicles or vessels, including hovercraft and small boats, in a manner that disturbs concentrations of birds or seals; (C) using explosives or firearms in a man- ner that disturbs concentrations of birds or seals; (D) willfully disturbing breeding or molt- ing birds or concentrations of birds or seals by persons on foot; (E) significantly damaging concentrations of native terrestrial plants by landing air- craft, driving vehicles, or walking on them, or by other means; and (F) any activity that results in the signifi- cant adverse modification of habitats of any species or population of native mammal, na- tive bird, native plant, or native inverte- brate; (6) the term ‘‘historic site or monument’’ means any site or monument listed as an his- toric site or monument pursuant to Annex V to the Protocol; (7) the term ‘‘impact’’ means impact on the Antarctic environment and dependent and as- sociated ecosystems; (8) the term ‘‘import’’ means to land on, bring into, or introduce into, or attempt to land on, bring into or introduce into, any place subject to the jurisdiction of the United States, including the 12-mile territorial sea of the United States, whether or not such act constitutes an importation within the mean- ing of the customs laws of the United States; (9) the term ‘‘native bird’’ means any mem- ber, at any stage of its life cycle (including eggs), of any species of the class Aves which is indigenous to Antarctica or occurs there sea- sonally through natural migrations, and in- cludes any part of such member; (10) the term ‘‘native invertebrate’’ means any terrestrial or freshwater invertebrate, at any stage of its life cycle, which is indigenous to Antarctica, and includes any part of such invertebrate; (11) the term ‘‘native mammal’’ means any member, at any stage of its life cycle, of any species of the class Mammalia, which is indig- enous to Antarctica or occurs there seasonally through natural migrations, and includes any part of such member; (12) the term ‘‘native plant’’ means any ter- restrial or freshwater vegetation, including bryophytes, lichens, fungi, and algae, at any stage of its life cycle (including seeds and other propagules), which is indigenous to Ant- arctica, and includes any part of such vegeta- tion; (13) the term ‘‘non-native species’’ means any species of animal or plant which is not in- digenous to Antarctica and does not occur there seasonally through natural migrations; (14) the term ‘‘person’’ has the meaning given that term in section 1 of title 1 and in- cludes any person subject to the jurisdiction of the United States and any department, agency, or other instrumentality of the Fed- eral Government or of any State or local gov- ernment; (15) the term ‘‘prohibited product’’ means any substance banned from introduction onto land or ice shelves or into water in Antarctica pursuant to Annex III to the Protocol; (16) the term ‘‘prohibited waste’’ means any substance which must be removed from Ant-