---
kind: "section"
citation: "16 U.S.C. § 2403a"
title: "16"
title_heading: "Conservation"
number: "2403a"
heading: "Environmental impact assessment"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/2403a"
units:
  - "Chapter 44 — Antarctic Conservation"
---

# §2403a. Environmental impact assessment

- (a) **Federal activities—**
  - (1)
    - (A) The obligations of the [United States](/usc/16/2402.md?p=22) under Article 8 of and Annex I to the [Protocol](/usc/16/2402.md?p=17) shall be implemented by applying the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](/usc/42/4321.md) et seq.) to proposals for Federal agency activities in [Antarctica](/usc/16/2402.md?p=2), 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)](/usc/42/4332.md)) shall apply to all proposals for Federal agency activities occurring in [Antarctica](/usc/16/2402.md?p=2) and affecting the quality of the human environment in [Antarctica](/usc/16/2402.md?p=2) 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](/usc/16/2402.md?p=7)”.
  - (2)
    - (A) Unless an agency which proposes to conduct a Federal activity in [Antarctica](/usc/16/2402.md?p=2) determines that the activity will have less than a minor or transitory [impact](/usc/16/2402.md?p=7), or unless a comprehensive environmental evaluation is being prepared in accordance with [subparagraph (C)](#a-2-C), the agency shall prepare an initial environmental evaluation in accordance with Article 2 of Annex I to the [Protocol](/usc/16/2402.md?p=17).
    - (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](/usc/16/2402.md?p=7), the activity may proceed if appropriate procedures are put in place to assess and verify the [impact](/usc/16/2402.md?p=7) 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](/usc/16/2402.md?p=7), the agency shall prepare and circulate a comprehensive environmental evaluation in accordance with Article 3 of Annex I to the [Protocol](/usc/16/2402.md?p=17), 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)](#a-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](/usc/16/2402.md?p=2), 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](/usc/16/2402.md?p=2) 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](/usc/16/2402.md?p=22) 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](/usc/16/2402.md?p=22);
    - (B) one such government is coordinating the implementation of environmental [impact](/usc/16/2402.md?p=7) assessment procedures for that activity; and
    - (C) such government has signed, ratified, or acceded to the [Protocol](/usc/16/2402.md?p=17),

    the requirements of [subsection (a)](#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)](#b-2), the requirements of [subsection (a)](#a) of this section shall apply with respect to that activity, except as provided in [paragraph (4)](#b-4).
  - (4) Determinations described in [paragraph (2)](#b-2), and agency actions and decisions in connection with assessments of [impacts](/usc/16/2402.md?p=7) of Antarctic joint activities, shall not be subject to judicial review.
- (c) **Nongovernmental activities—**
  - (1) The [Administrator](/usc/16/2402.md?p=1) shall, within 2 years after October 2, 1996, promulgate regulations to provide for—
    - (A) the environmental [impact](/usc/16/2402.md?p=7) assessment of nongovernmental activities, including tourism, for which the [United States](/usc/16/2402.md?p=22) is required to give advance notice under paragraph 5 of Article VII of the [Treaty](/usc/16/2402.md?p=21); and
    - (B) coordination of the review of information regarding environmental [impact](/usc/16/2402.md?p=7) assessment received from other Parties under the [Protocol](/usc/16/2402.md?p=17).
  - (2) Such regulations shall be consistent with Annex I to the [Protocol](/usc/16/2402.md?p=17).
- (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](/usc/16/2402.md?p=21) 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](/usc/16/2402.md?p=17).
  - (2) The Secretary of State shall circulate the final comprehensive environmental evaluation, in accordance with Article 3(6) of Annex I to the [Protocol](/usc/16/2402.md?p=17), at least 60 days before the commencement of the activity in [Antarctica](/usc/16/2402.md?p=2).
- (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](/usc/16/2402.md?p=7) of proposed Federal activities occurring in [Antarctica](/usc/16/2402.md?p=2).
- (g) **Decisions on permit applications—** The provisions of this section requiring environmental [impact](/usc/16/2402.md?p=7) 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](/usc/16/2404.md).
- (h) **Publication of notices—** Whenever the Secretary of State makes a determination under [paragraph (2)](#b-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](/usc/16/2402.md?p=17), the Secretary of State shall cause timely notice thereof to be published in the Federal Register.

## Source credit

(Pub. L. 95–541, § 4A, as added Pub. L. 104–227, title I, § 104, Oct. 2, 1996, 110 Stat. 3038.)

## Notes

### Editorial Notes

### References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (a)(1)(A), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.