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Title 16 — Conservation

Chapter 44 — Antarctic Conservation

§ 2401. Congressional findings and declaration of purpose

Statutory text

(a)

Findings

The Congress finds that—

(1)

for well over a quarter of a century, scientific investigation has been the principal activity of the Federal Government and United States nationals in Antarctica;

(2)

more recently, interest of American tourists 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 establish 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 establish international mechanisms and create legal obligations necessary for the maintenance of Antarctica as a natural reserve devoted to peace and science.

(b)

Purpose

The purpose of this chapter is to provide for the conservation and protection of the fauna and flora of Antarctica, and of the ecosystem upon which such fauna and flora depend, consistent with the Antarctic Treaty and the Protocol.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Antarctic Conservation Act of 1978

    Pub. L. 95–541 § 2 · 92 Stat. 2048

    Enacted · 16 U.S.C. § 2401

    Pub. L. 95–541, § 2, Oct. 28, 1978, 92 Stat. 2048

    Source evidence

    Code source credit
    Pub. L. 95–541, § 2, Oct. 28, 1978, 92 Stat. 2048

    Enacted provision · exact public law section
    SEC. 2. FINDINGS AND PURPOSE. (a) Findings.— The Congress finds that— (1) the Antarctic Treaty and the Agreed Measures for the Conservation of Antarctic Fauna and Flora, adopted at the Third Antarctic Treaty Consultative Meeting, have established a firm foundation for the continuation of international cooperation and the freedom of scientific investigation in Antarctica; and (2) the study of Antarctic fauna and flora, their adaptation to their rigorous environment, and their interrelationships with that environment has special scientific importance for all mankind. (b) Purpose.— The purpose of this Act is to provide for the conservation and protection of the fauna and flora of Antarctica, and of the ecosystem upon which such fauna and flora depend, consistent with the Antarctic Treaty, the Agreed Measures for the Conservation of Antarctic Fauna and Flora, and Recommendation VII-3 of the Eighth Antarctic Treaty Consultative Meeting.

  2. Antarctic Science, Tourism, and Conservation Act of 1996

    Pub. L. 104–227 § 101(a)(1) · 110 Stat. 3034

    Redesignated · 16 U.S.C. § 2401(a)(1)(3)

    Pub. L. 104–227, § 101(a)(1), added pars. (1) to (3). Former pars. (1) and (2) redesignated (4) and (5), respectively

    Source evidence

    Code amendment note
    Subsec. (a)(1) to (3). Pub. L. 104–227, § 101(a)(1), added pars. (1) to (3). Former pars. (1) and (2) redesignated (4) and (5), respectively.

    Enacted provision · exact public law section
    (1) by redesignating paragraphs (1) and (2) as paragraphs (4) and (5) respectively, and inserting before paragraph (4), as redesignated, the following: “(1) for well over a quarter of a century, scientific investigation has been the principal activity of the Federal Government and United States nationals in Antarctica; “(2) more recently, interest of American tourists 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;”;

  3. Antarctic Science, Tourism, and Conservation Act of 1996

    Pub. L. 104–227 § 101(a)(1) · 110 Stat. 3034

    1. Redesignated · 16 U.S.C. § 2401(a)(4)

      Pub. L. 104–227, § 101(a)(1), (2), redesignated par. (1) as (4)

    2. Substituted · 16 U.S.C. § 2401(a)(4)

      Pub. L. 104–227, § 101(a)(1), (2), substituted “the Protocol establish a firm foundation for the conservation of Antarctic 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”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 104–227, § 101(a)(1), (2), redesignated par. (1) as (4) and substituted “the Protocol establish a firm foundation for the conservation of Antarctic 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”.

    Enacted provision · exact public law section
    (1) by redesignating paragraphs (1) and (2) as paragraphs (4) and (5) respectively, and inserting before paragraph (4), as redesignated, the following: “(1) for well over a quarter of a century, scientific investigation has been the principal activity of the Federal Government and United States nationals in Antarctica; “(2) more recently, interest of American tourists 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. Antarctic Science, Tourism, and Conservation Act of 1996

    Pub. L. 104–227 § 101(a)(1) · 110 Stat. 3034

    1. Redesignated · 16 U.S.C. § 2401(a)(5)

      Pub. L. 104–227, § 101(a)(1), (3), redesignated par. (2) as (5)

    2. Substituted · 16 U.S.C. § 2401(a)(5)

      Pub. L. 104–227, § 101(a)(1), (3), substituted “the Antarctic Treaty and the Protocol establish international mechanisms 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 environment, and their interrelationships with that environment has special scientific importance for all mankind.”

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 104–227, § 101(a)(1), (3), redesignated par. (2) as (5) and substituted “the Antarctic Treaty and the Protocol establish international mechanisms 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 environment, and their interrelationships with that environment has special scientific importance for all mankind.”

    Enacted provision · exact public law section
    (1) by redesignating paragraphs (1) and (2) as paragraphs (4) and (5) respectively, and inserting before paragraph (4), as redesignated, the following: “(1) for well over a quarter of a century, scientific investigation has been the principal activity of the Federal Government and United States nationals in Antarctica; “(2) more recently, interest of American tourists 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;”;

  5. Antarctic Science, Tourism, and Conservation Act of 1996

    Pub. L. 104–227 § 101(b) · 110 Stat. 3034

    Substituted · 16 U.S.C. § 2401(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 Antarctic Treaty Consultative Meeting”

    Source evidence

    Code amendment note
    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 Antarctic Treaty Consultative Meeting”.

    Enacted provision · exact public law section
    (b) Purpose.— Section 2(b) of inch Act (16 U.S.C. 2401(b)) is amended by striking “Treaty, the Agreed Measures for the Conservation of Antarctic Fauna and Flora, and Recommendation VII–3 of the Eighth Antarctic Treaty Consultative Meeting” and inserting “Treaty and the Protocol”.

7 of 7 references resolved to an enrolled provision

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) redesignated (4) and (5), respectively.

Subsec. (a)(4). Pub. L. 104–227, § 101(a)(1), (2), redesignated par. (1) as (4) and substituted “the Protocol establish a firm foundation for the conservation of Antarctic 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), redesignated par. (2) as (5) and substituted “the Antarctic Treaty and the Protocol establish international mechanisms 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 environment, and their interrelationships with that environment has special scientific importance for all mankind.”

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 Antarctic Treaty Consultative Meeting”.

Statutory Notes and Related Subsidiaries

Short Title of 1996 Amendment

Pub. L. 104–227, § 1, , 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 Conservation Act of 1996’.”

Short Title

Pub. L. 95–541, § 1, , 92 Stat. 2048, provided: “That this Act [enacting this chapter, amending section 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 Conservation Act of 1978’.”

Credits

1978–1996 · 2 acts
  1. 1978Pub. L. 95–541, § 2, , 92 Stat. 2048
  2. 1996Pub. L. 104–227, title I, § 101, , 110 Stat. 3034.
Show as published

(Pub. L. 95–541, § 2, , 92 Stat. 2048; Pub. L. 104–227, title I, § 101, , 110 Stat. 3034.)

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