Page:United States Statutes at Large Volume 110 Part 4.djvu/943

 PUBLIC LAW 104-227—OCT. 2, 1996 110 STAT. 3039 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 Federgil 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 Regulations. 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 thsin those Applicability. 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 Regulations. shall, within 2 years after the date of the enactment of the Antarctic Science, Tourism, and Conservation Act of 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 evcduation pursuant to Article 3(3) of Annex I to the Protocol. "(2) The Secretary of State shall circulate the final comprehensive environmental evaluation, in accordsince with Article

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