[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1344 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1344

 To amend title II of the Marine Protection, Research, and Sanctuaries 
 Act of 1972 to direct the Under Secretary of Commerce for Oceans and 
  Atmosphere to conduct a research program to evaluate technology for 
           depositing certain waste on the deep ocean seabed.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 29, 1995

Mr. Burton of Indiana introduced the following bill; which was referred 
   to the Committee on Science, and in addition to the Committee on 
 Resources, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend title II of the Marine Protection, Research, and Sanctuaries 
 Act of 1972 to direct the Under Secretary of Commerce for Oceans and 
  Atmosphere to conduct a research program to evaluate technology for 
           depositing certain waste on the deep ocean seabed.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. RESEARCH TO EVALUATE TECHNOLOGY FOR DEPOSITING CERTAIN WASTE 
              ON DEEP OCEAN SEABED.

    (a) Short Title.--This section may be cited as the ``____ Act of 
1995''.
    (b) Research Program.--Title II of the Marine Protection, Research, 
and Sanctuaries Act of 1972 (33 U.S.C. 1441 et seq.) is amended by--
            (1) redesignating section 205 as section 206; and
            (2) inserting after section 204 the following new section:

``SEC. 205. DEEP OCEAN SEABED RESEARCH PROGRAM.

    ``(a) In General.--The Under Secretary, in cooperation with the 
Administrator, shall conduct a research program to demonstrate the 
feasibility of disposing of authorized waste by depositing it on the 
deep seabed by means of a closed container that isolates the waste from 
contact with the water column through which it passes.
    ``(b) Permits.--
            ``(1) Issuance.--As part of a research program under this 
        section and not later than 160 days after the date of the 
        enactment of ____ Act of 1995, the Under Secretary shall issue 
        permits to private persons which authorize the deposit of 
        authorized waste at one or more specified sites on the deep 
        seabed.
            ``(2) Terms of permits.--A permit issued under this 
        subsection shall--
                    ``(A) specify a site for deposit of authorized 
                waste, that is located in--
                            ``(i) the Atlantic Ocean;
                            ``(ii) the Pacific Ocean; or
                            ``(iii) the Gulf of Mexico;
                    ``(B) require that authorized waste be deposited in 
                a manner that prevents the waste from contacting the 
                water column before the waste reaches the proximity of 
                the deep seabed;
                    ``(C) authorize deposits under the permit during 
                the 15-year period beginning on the effective date of 
                the permit;
                    ``(D) require the person authorized to deposit 
                authorized waste under the permit to conduct monitoring 
                of the site or sites at which the wastes are deposited 
                and to submit reports of such monitoring to the Under 
                Secretary and the Administrator; and
                    ``(E) provide that if the Under Secretary 
                determines on the basis of monitored information that 
                the deposit of authorized waste under the permit is 
                adversely affecting ocean environmental conditions to 
                an unacceptable extent, the Under Secretary may--
                            ``(i) revoke the permit for any further 
                        deposits; and
                            ``(ii) require that the permittee recover 
                        so much of the authorized waste already 
                        deposited under the permit as is reasonably 
                        possible.
            ``(3) Limitation.--The Under Secretary may not issue more 
        than one permit under this section that authorizes deposit of 
        authorized material in each of the areas referred to in 
        paragraph (2)(A)(i), (ii), and (iii).
            ``(4) Treated as epa permit.--For purposes of this title--
                    ``(A) a permit issued under this section is deemed 
                to be a permit issued by the Administrator under 
                section 102, and
                    ``(B) such issuance shall constitute a waiver of 
                the [prohibitions] and fee [specified] in section 
                104(b).

            [What is the intent of subparagraph (B)? What 
        ``prohibitions'' are ``specified'' in section 104(b)?]
    ``(c) Authority of Under Secretary.--The Under Secretary may 
exercise any authority with respect to a permit under this section that 
the Administrator may exercise under this title with respect to a 
permit under section 102.
    ``(d) Monitoring.--As part of the research program under this 
section, the Under Secretary and the Administrator shall jointly design 
and conduct a program for monitoring the environmental conditions at 
sites where authorized wastes are deposited under permits issued under 
this section, and at other nearby areas that might be affected by those 
wastes.
    ``(e) Reports.--Not later than 1 year after the date of the 
enactment of the ____ Act of 1995 and annually thereafter, the Under 
Secretary [and the Administrator?] shall [jointly] prepare and submit 
to the Congress an annual report on the progress and results of the 
research programs conducted under this section.
    ``(f) Definitions.--For purposes of this section--
            ``(1) Authorized waste.--The term `authorized waste' means 
        dredge spoil, gold mining spoil, fly ash, incinerator ash, 
        sewage sludge, and any other waste designated by the Under 
        Secretary.
            ``(2) Under secretary.--The term `Under Secretary' means 
        the Under Secretary of Commerce for Oceans and Atmosphere.
            ``(3) Deep seabed.--The term `deep seabed' means the gently 
        undulating, sediment covered sea floor which is largely 
        quiescent and which is located at depths greater than 5,000 
        feet below the ocean surface.''.
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