[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3409 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 3409

 To amend the Marine Protection, Research, and Sanctuaries Act of 1972 
 relating to the dumping of dredged material in certain areas, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 30, 2003

Mr. Bishop of New York (for himself, Mr. Israel, Mr. King of New York, 
 Mrs. McCarthy of New York, and Mr. Ackerman) introduced the following 
    bill; which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To amend the Marine Protection, Research, and Sanctuaries Act of 1972 
 relating to the dumping of dredged material in certain areas, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Long Island Sound Preservation and 
Protection Act''.

SEC. 2. PROHIBITION OF DUMPING OF DREDGED MATERIALS IN CERTAIN AREAS.

    Section 106(f) of the Marine Protection, Research, and Sanctuaries 
Act of 1972 (33 U.S.C. 1416(f)) is amended to read as follows:
    ``(f) Prohibition of Dumping of Dredged Material in Certain 
Areas.--
            ``(1) In general.--No dredged material from any Federal 
        project, or from any non-Federal project, that contains any of 
        the constituents prohibited as other than trace contaminants 
        (as defined by the Federal ocean dumping criteria set forth in 
        section 227.6 of title 40 of the Code of Federal Regulations) 
        may be dumped in Long Island Sound, Block Island Sound, or 
        Peconic Bay except in cases in which it is demonstrated to the 
        Administrator, and the Administrator certifies by publication 
        in the Federal Register, that the dumping of the dredged 
        material containing such constituents will not cause 
        significant undesirable effects, including the threat 
        associated with bioaccumulation of such constituents in marine 
        organisms.
            ``(2) Federal projects exceeding 25,000 yards.--In addition 
        to other provisions of law and notwithstanding the specific 
        exclusion relating to dredged material in the first sentence in 
        section 102(a), any dumping of dredged material in Long Island 
        Sound from a Federal project (or pursuant to Federal 
        authorization) by a non-Federal applicant exceeding 25,000 
        cubic yards shall comply with the criteria established pursuant 
        to the second sentence of section 102(a) relating to the 
        effects of dumping.
            ``(3) Relation to other law.--Subsection (d) shall not 
        apply to this subsection.''.
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