Two House Democrats pitched legislation this week that would establish a national park on the moon.
Reps. Donna Edwards (D-Md.) and Eddie Bernice Johnson (D-Texas) proposed creating the Apollo Lunar Landing Sites National Historic Park to safeguard the artifacts left behind from NASA's Apollo missions 11 through 17.
"The Apollo Lunar Landing Legacy Act will ensure that the scientific data and cultural significance of the Apollo artifacts remains unharmed by future lunar landings," Rep. Edwards said in her introduction of the bill. "This Act will endow the artifacts as a National Historic Park, thereby asserting unquestioned ownership rights over the Apollo lunar landing artifacts."
While the Apollo Lunar Landing Legacy Act, H.R. 2617, is earnest in its effort, it may not be enough. The Outer Space Treaty was established in 1967 to prevent any type of extraterrestrial land ownership. Moreover, it was written out of fear that the United States or the Soviet Union would claim ownership of the moon during the Space Race.
Although the bill doesn't cover actual lunar terrain — Section 5 defines "park" as only comprising the manmade objects on the moon — non-U.S. commercial entities with future moon tourism plans may not recognize H.R. 2617 without backing from other space-faring nations.
"I think their hearts are in the right place, but protecting manmade artifacts on the moon needs a broader, international solution to really be effective," says Andrew Rush, a space lawyer who regularly works with emerging aerospace companies.
That's because the Outer Space Treaty specifically prohibits "national appropriation" by any country. While the wording in Section 5 may be enough to circumvent that rule, Section 7 of the bill is more problematic because it directs the NASA administrator to "manag[e] access to the [Apollo Lunar Landing Sites]," which explicitly includes the land on the moon where astronauts walked. According to Rush, if such actions were taken, it would probably be considered "national appropriation."
To its credit, the bill does call for the heads of the Department of the Interior and NASA to submit the Apollo sites to the United Nations Educational, Scientific and Cultural Organization (UNESCO) for designation as a World Heritage Site. Additionally, if passed, the bill could prevent future American tourists from disturbing the Apollo materials.
"I believe the bill's proponents would argue that the Outer Space Treaty governs relationships and claims of national appropriation asserted against other countries," Rush told Mashable. "So laws and regulations resulting from this bill could properly be used by the U.S. to prohibit/punish actions of U.S. citizens (directly or via robotic rovers)."
The U.S. government doesn't intend to close the site to visitors completely. In fact, just the opposite. The legislation states that the U.S. may accept donations or enter into agreements with foreign entities in order to provide visitors access to the sites, similar to how most of our national parks function today.
While H.R. 2617 may cover the artifacts from the most famous mission in U.S. history, it doesn't address any of the seven robotic Surveyor spacecrafts NASA sent to the moon leading up to the Apollo missions. NASA floated similar guidelines in 2011 to protect those landing sites as well.
If the bill passes, the Apollo Lunar Landing Sites National Historical Park will be established in one year. Should we make the Apollo landing sites a national park? Share your thoughts in the comments.
Mashable composite, Image courtesy of NASA