§ 2465. Enforcement

Statutory text

In general

A violation of this chapter or any regulation promulgated under this chapter is deemed to be a violation of the Antarctic Marine Living Resources Convention Act (16 U.S.C. 2431–2444) and shall be enforced under that Act by the Under Secretary or another Federal official to whom the Under Secretary has delegated this responsibility.

Penalty

If the Under Secretary determines that a person has violated section 2463 of this title—

that person shall be ineligible to locate a mining claim under the mining laws of the United States; and

the Secretary of the Interior shall refuse to issue a patent under the mining laws of the United States, or a lease under the laws of the United States related to mineral or geothermal leasing, to any such person who attempts to perfect such patent or lease application after the Under Secretary has made such determination.

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.

1990
Antarctic Protection Act of 1990
Pub. L. 101–594 § 5 · 104 Stat. 2975
Enacted · 16 U.S.C. § 2465
Pub. L. 101–594, § 5, formerly § 6, Nov. 16, 1990, 104 Stat. 2977
Source evidence
Code source credit
Pub. L. 101–594, § 5, formerly § 6, Nov. 16, 1990, 104 Stat. 2977
Enacted provision · exact public law section
SEC. 5. INTERNATIONAL AGREEMENT. (a) It is the sense of Congress that the Secretary of State should enter into negotiations with the Antarctic Treaty Consultative Par-ties to conclude one or more new international agreements to— (1) conserve and protect permanently the natural environment of Antarctica and its associated and dependent ecosystems; (2) prohibit or ban indefinitely Antarctic mineral resource activities by all parties to the Antarctic Treaty; (3) grant Antarctica special protective status as a land of science dedicated to wilderness protection, international co-operation, and scientific research; (4) ensure that the results of all scientific investigations relating to geological processes and structures be made openly available to the international scientific community, as required by the Antarctic Treaty; and (5) include other comprehensive measures for the protection of the Antarctic environment. (b) It is the sense of Congress that any treaty or other international agreement submitted by the President to the Senate for its advice and consent to ratification relating to mineral resources or activities in Antarctica should be consistent with the purpose and provisions of this Act.

1 of 1 references resolved to an enrolled provision

Editorial Notes

References in Text

The Antarctic Marine Living Resources Convention Act, referred to in subsec. (a), probably means the Antarctic Marine Living Resources Convention Act of 1984, title III of Pub. L. 98–623, Nov. 8, 1984, 98 Stat. 3398, which is classified generally to chapter 44A (§ 2431 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2431 of this title and Tables.

Prior Provisions

A prior section 5 of Pub. L. 101–594 was classified to section 2464 of this title prior to repeal by Pub. L. 104–227.

Credits

1990–1996 · 2 acts

1990Pub. L. 101–594, § 5, formerly § 6, Nov. 16, 1990, 104 Stat. 2977
1996renumbered § 5, Pub. L. 104–227, title II, § 202(c), Oct. 2, 1996, 110 Stat. 3044.

Show as published

(Pub. L. 101–594, § 5, formerly § 6, Nov. 16, 1990, 104 Stat. 2977; renumbered § 5, Pub. L. 104–227, title II, § 202(c), Oct. 2, 1996, 110 Stat. 3044.)