16 U.S.C. § 2403a : US Code - Section 2403A: Environmental impact assessment

Search 16 U.S.C. § 2403a : US Code - Section 2403A: Environmental impact assessment

(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 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))
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.
(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.