[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2482 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2482

 To amend the Marine Protection, Research, and Sanctuaries Act of 1972 
to prohibit the dumping of dredged material in certain bodies of water.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 1, 2004

  Mrs. Clinton (for herself and Mr. Schumer) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL


 
 To amend the Marine Protection, Research, and Sanctuaries Act of 1972 
to prohibit the dumping of dredged material in certain bodies of water.

    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 Protection Act''.

SEC. 2. PROHIBITION ON DUMPING OF DREDGED MATERIAL.

    Section 106 of the Marine Protection, Research, and Sanctuaries Act 
of 1972 (33 U.S.C. 1416) is amended by striking subsection (f) and 
inserting the following:
    ``(f) Prohibition on Dumping of Dredged Material.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Covered body of water.--The term `covered 
                body of water' means--
                            ``(i) Long Island Sound;
                            ``(ii) Fisher's Island Sound;
                            ``(iii) Block Island Sound;
                            ``(iv) Peconic Bay; and
                            ``(v) any harbor or tributary of a body of 
                        water described in any of clauses (i) through 
                        (iv).
                    ``(B) Covered project.--The term `covered project' 
                means--
                            ``(i) any Federal dredging project (or any 
                        project conducted for a Federal agency pursuant 
                        to Federal authorization);
                            ``(ii) a dredging project carried out by a 
                        non-Federal entity that results in the 
                        production of more than 25,000 cubic yards of 
                        dredged material; and
                            ``(iii) any of 2 or more dredging projects 
                        carried out by 1 or more non-Federal entities 
                        in a covered body of water, simultaneously or 
                        sequentially within a 180-day period, that 
                        result, in the aggregate, in the production of 
                        more than 25,000 cubic yards of dredged 
                        material.
                    ``(C) Plan.--The term `plan' means the dredged 
                material management plan required under paragraph (5).
            ``(2) Prohibition.--No dredged material from any covered 
        project shall be dumped, or transported for the purpose of 
        dumping, into any covered body of water unless and until the 
        dredged material is determined by the Administrator--
                    ``(A) to have, or to cause (including through 
                bioaccumulation), concentrations of chemical 
                constituents that are not greater than those 
                concentrations present in the water column, sediments, 
                and biota of areas proximate to, but unaffected by, the 
                proposed disposal site; and
                    ``(B) to meet all requirements under this title 
                (including the trace contaminant provision under 
                section 227.6 of title 40, Code of Federal Regulations 
                (or a successor regulation), and requirements under 
                other regulations promulgated under section 108).
            ``(3) Designation of sites.--No dredged material shall be 
        dumped, or transported for the purpose of dumping, into any 
        covered body of water except--
                    ``(A) at a site designated by the Administrator in 
                accordance with section 102(c); and
                    ``(B) upon a determination by the Administrator, 
                following approval of the plan required under paragraph 
                (5)(F), that no feasible alternative to ocean disposal, 
                including sediment remediation, beneficial reuse, and 
                land-based alternatives, is available prior to the time 
                of designation.
            ``(4) Relationship to other law.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), this title applies to each covered 
                body of water.
                    ``(B) Exception.--No waiver under section 103(d) 
                shall be available for the dumping of dredged material 
                in any covered body of water.
            ``(5) Dredged material management plan.--
                    ``(A) In general.--Before designation of any 
                dredged material disposal site in a covered body of 
                water, the Secretary and the Administrator, in 
                consultation with the United States Fish and Wildlife 
                Service, the National Marine Fisheries Service, the 
                United States Coast Guard, and the States of 
                Connecticut and New York, shall--
                            ``(i) develop a dredged material management 
                        plan for the management of all dredged sediment 
                        in the covered bodies of water; and
                            ``(ii) submit the plan to Congress and the 
                        Governors of the States of Connecticut and New 
                        York.
                    ``(B) Objectives.--The objectives of the plan shall 
                be--
                            ``(i) to identify sources, quantities, and 
                        the extent of contamination of dredged material 
                        that requires disposal;
                            ``(ii) to determine management actions that 
                        are to be taken to reduce sediment and 
                        contaminant loading of dredged areas;
                            ``(iii) to thoroughly assess alternative 
                        locations, treatment technologies, and 
                        beneficial uses for dredged material;
                            ``(iv) to ensure that dumping is the 
                        disposal option of last resort for dredged 
                        material and is used only after all other 
                        options have been exhausted;
                            ``(v) to secure--
                                    ``(I) alternative methods of 
                                disposal of dredged materials, 
                                including decontamination technologies; 
                                and
                                    ``(II) alternative uses of 
                                materials, including upland disposal, 
                                containment, beach nourishment, marsh 
                                restoration, habitat construction, and 
                                other beneficial reuses; and
                            ``(vi) to confirm the specific roles of 
                        Federal, State, and local agencies with respect 
                        to various aspects of dredged material 
                        management.
                    ``(C) Requirements.--The plan shall include 
                environmental, economic, and other analysis required to 
                meet the objectives listed in subparagraph (B), 
                including--
                            ``(i) an analysis of strategies to reduce 
                        sediment loading of harbors and navigation 
                        areas;
                            ``(ii) an analysis of sources of sediment 
                        contamination, including recommendations for 
                        management measures to limit or reduce those 
                        contamination sources;
                            ``(iii) an analysis of options for reducing 
                        dredging needs through modification of 
                        navigation strategies;
                            ``(iv) an analysis of decontamination 
                        technologies, including subsequent alternative 
                        uses of decontaminated materials (such as 
                        upland disposal, containment, beach 
                        nourishment, marsh restoration, and habitat 
                        construction); and
                            ``(v) a program for use of alternative 
                        methods of disposal and use of dredged 
                        material, including alternatives to dumping or 
                        dispersal in a covered body of water.
                    ``(D) Public input.--The Secretary and the 
                Administrator shall--
                            ``(i) during the development of the plan, 
                        hold in the States of Connecticut and New York 
                        a series of public hearings on the plan; and
                            ``(ii) append to the plan a summary of the 
                        public comments received.
                    ``(E) Support.--Each of the Federal agencies 
                referred to in subparagraph (A) shall provide such 
                staff support and other resources as are necessary to 
                carry out this paragraph.
                    ``(F) Approval by connecticut and new york.--
                            ``(i) In general.--Not later than 60 days 
                        after the date of receipt of the plan, the 
                        Governors of the States of Connecticut and New 
                        York shall notify the Secretary and the 
                        Administrator of whether the States approve or 
                        disapprove the plan.
                            ``(ii) Dumping of dredged material.--No 
                        dredged material from a covered project may be 
                        dumped, or transported for the purpose of 
                        dumping, in any covered body of water unless 
                        the dredged material--
                                    ``(I) conforms to a plan that has 
                                been approved by the Governors of the 
                                States of Connecticut and New York; and
                                    ``(II) is to be dumped in a dredged 
                                material disposal site designated by 
                                the Administrator under this title.
                            ``(iii) Finality.--No dredged material 
                        disposal plan shall become final until the plan 
                        has been approved by the States of Connecticut 
                        and New York under clause (i).
                            ``(iv) Previously designated sites.--No 
                        dredged material disposal site in any covered 
                        body of water that was designated before the 
                        date of enactment of this clause shall be used 
                        for dumping of dredged material from a covered 
                        project until the plan has been approved by the 
                        States of Connecticut and New York under clause 
                        (i).
                    ``(G) Authorization of appropriations.--There is 
                authorized to be appropriated to carry out this 
                paragraph $5,000,000 for each of fiscal years 2005 and 
                2006.''.
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