[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5872 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5872

 To restore, protect, and preserve the natural, chemical, physical and 
biological integrity, and the economic potentialities, of the New York/
   New Jersey Bight through designation and establishment of the New 
    Jersey/New York Clean Ocean Zone and the regulation of various 
              activities therein, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 24, 2006

   Mr. Saxton (for himself, Mr. Pallone, Mr. Payne, Mr. Rothman, Mr. 
 Andrews, Mr. Smith of New Jersey, Mr. Holt, Mr. Owens, Mr. Bishop of 
 New York, and Mr. LoBiondo) introduced the following bill; which was 
referred to the Committee on Transportation and Infrastructure, 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 restore, protect, and preserve the natural, chemical, physical and 
biological integrity, and the economic potentialities, of the New York/
   New Jersey Bight through designation and establishment of the New 
    Jersey/New York Clean Ocean Zone and the regulation of various 
              activities therein, 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 ``New Jersey/New York Clean Ocean Zone 
Act of 2006''.

SEC. 2. CONGRESSIONAL FINDINGS, POLICY, AND DECLARATION OF PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) The New York/New Jersey Bight is an essential natural 
        and scenic resource of the United States, providing innumerable 
        recreational, commercial, economic and aesthetic benefits and 
        extraordinary ecological, biological, and environmental 
        benefits.
            (2) Various harmful activities within the New York/New 
        Jersey Bight, including the dumping of contaminated dredged 
        material, the dumping of various wastes, point source and 
        nonpoint source pollution, the extraction of nonrenewable 
        natural resources, and the potential development of deepwater 
        oil and gas facilities, have caused or may cause serious 
        adverse impacts to human health, welfare, and amenities, or 
        threaten the marine environment, ecological systems, and 
        economic potentialities of the New York/New Jersey Bight.
            (3) Ecologically unique areas at risk from degradation 
        caused by pollution, such as the New York/New Jersey Bight, are 
        worthy of special protections to reduce such threats. 
        Pollution-preventing protections have been established for and 
        awarded to the Great Lakes and the Everglades, for example.
    (b) Purpose.--
            (1) In general.--The purpose of this Act is to restore, 
        protect and preserve, the natural, chemical, physical, and 
        biological integrity, and the economic potentialities, of the 
        New York/New Jersey Bight.
            (2) Limitation.--This Act is not intended--
                    (A) to authorize or require any fisheries 
                management actions within the New Jersey/New York Clean 
                Ocean Zone, including fisheries management allocation 
                and techniques or any similar fisheries management 
                related activity; or
                    (B) to prohibit or limit beach replenishment 
                activities, flood control activities, erosion control 
                activities, or habitat restoration projects on or along 
                the shoreline adjoining the New Jersey/New York Clean 
                Ocean Zone.

SEC. 3. DESIGNATION OF NEW JERSEY/NEW YORK CLEAN OCEAN ZONE.

    (a) Designation.--The New York/New Jersey Bight shall be known and 
designated as the ``New Jersey/New York Clean Ocean Zone''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the area referred to in 
subsection (a) shall be deemed to be a reference to the ``New Jersey/
New York Clean Ocean Zone''.

SEC. 4. REGULATION OF THE NEW JERSEY/NEW YORK CLEAN OCEAN ZONE.

    (a) Ocean Dumpsites.--
            (1) Prohibition of designation or establishment of new 
        sites.--Neither the Administrator, the Secretary, nor any State 
        may issue a permit for ocean dumping, nor designate or 
        establish any new disposal site, within the New Jersey/New York 
        Clean Ocean Zone, including pursuant to section 102, 103, 104A, 
        or 104B of the Marine Protection, Research, and Sanctuaries Act 
        of 1972 (33 U.S.C. 1412, 1413, 1414a, 1414b) or section 4 of 
        Public Law 95-153 (33 U.S.C. 1412a).
            (2) Termination of existing designations.--Except as 
        provided by paragraph (3), all existing designations of 
        disposal sites within the New Jersey/New York Clean Ocean Zone 
        are hereby terminated, and such sites shall not be used as 
        disposal sites.
            (3) Use of hars.--Notwithstanding paragraphs (1) and (2), 
        and consistent with the terms, conditions, and limitations of 
        section 228.15(d)(6) of title 40, Code of Federal Regulations, 
        dredged material may be placed in the Primary Remediation Area 
        of the HARS for the purposes of ecological remediation and 
        protection of sensitive species at sensitive life stages, if 
        the Administrator determines, following testing and analytical 
        measures established by regulation for materials proposed for 
        ocean dumping, that the dredged material qualifies as material 
        for remediation.
    (b) Regulation of Point Sources.--
            (1) Prohibition on discharges from new point sources.--The 
        discharge of a pollutant into the New Jersey/New York Clean 
        Ocean Zone from a point source constructed or put into use 
        after the date of enactment of this Act is prohibited under 
        section 301 of the Federal Water Pollution Control Act (33 
        U.S.C. 1311). Neither the Administrator, nor any State, may 
        issue a permit, pursuant to section 402 of the Federal Water 
        Pollution Control Act (33 U.S.C. 1342) or comparable State law, 
        for the discharge of a pollutant into the New Jersey/New York 
        Clean Ocean Zone from a point source constructed or put into 
        use after such date of enactment.
            (2) Limitations on existing permits.--A State or Federal 
        permit issued pursuant to section 402 of the Federal Water 
        Pollution Control Act (33 U.S.C. 1342) for the discharge of a 
        pollutant into the New Jersey/New York Clean Ocean Zone may not 
        be renewed, reissued, or modified after the date of enactment 
        of this Act to allow for any increase of discharge capacity of 
        any point source or sources. The renewed, reissued, or modified 
        permit may not contain any effluent limitation that is less 
        stringent than comparable effluent limitations in such permit 
        and shall otherwise require compliance with all other 
        applicable laws and regulations under the Federal Water 
        Pollution Control Act, including applicable water quality 
        standards.
    (c) Extraction of Nonrenewable Natural Resources.--
            (1) Prohibition.--The permanent extraction of any 
        nonrenewable natural resource from the New Jersey/New York 
        Clean Ocean Zone for commercial or industrial use is 
        prohibited, unless such removal is undertaken for the primary 
        purpose of maintaining or establishing navigation channels.
            (2) Limitation.--This Act shall not be used to restrict or 
        otherwise limit beach replenishment activities, flood control 
        activities, erosion control activities, or habitat restoration 
        projects on or along the shores of the New Jersey/New York 
        Clean Ocean Zone.
    (d) Nonrenewable Energy Facilities.--Except as set forth in 
subsection (e)--
            (1) the creation of any type of nonrenewable energy 
        facility or pipeline within the New Jersey/New York Clean Ocean 
        Zone is prohibited;
            (2) the Secretary of Transportation shall not issue any 
        license pursuant to section 4 of the Deepwater Port Act (33 
        U.S.C. 1503) or section 106 of the Maritime Transportation 
        Security Act of 2002 (116 Stat. 2086) for the ownership, 
        construction, or operation of a deepwater port used for the 
        production, storage, transport, or transfer of nonrenewable 
        energy in the New Jersey/New York Clean Ocean Zone;
            (3) there shall be no conveyance of any interest in any 
        federally owned, submerged or subterranean land within the New 
        Jersey/New York Clean Ocean Zone for the purpose of 
        establishing or operating a nonrenewable energy facility, 
        including--
                    (A) the conveyance of such an interest for any 
                pipeline that transports any nonrenewable natural 
                resource or any refined product produced therefrom, 
                within or through the New Jersey/New York Clean Ocean 
                Zone; and
                    (B) the grant or lease of such right-of-ways by the 
                Secretary of the Interior pursuant to section 28 of the 
                Mineral Leasing Act (30 U.S.C. 185), or the Outer 
                Continental Shelf Lands Act (43 U.S.C. 1301 et seq.).
    (e) Renewable Energy Facilities.--
            (1) Limitation on granting leases, etc.--No lease, 
        easement, or right-of-way for a renewable energy facility may 
        be granted for any federally owned, submerged, or subterranean 
        land in the New Jersey/New York Clean Ocean Zone except in 
        accordance with this subsection, section 8(p) of the Outer 
        Continental Shelf Lands Act (43 U.S.C. 1337(p)), and section 
        388 of the Energy Policy Act of 2005 (43 U.S.C. 1337 note).
            (2) Compliance with applicable laws.--The granting of any 
        lease, easement, or right-of-way referred to in paragraph (1) 
        shall comply with all applicable laws and regulations and shall 
        not be exempt nor categorically excluded from the requirements 
        of section 102 of the National Environmental Policy Act of 1969 
        (42 U.S.C. 4332). Section 102 of such Act shall be applied to 
        each such lease, easement, and right-of-way on a project-by-
        project basis.
            (3) Determination required.--No lease, easement, or right-
        of-way referred to in paragraph (1) may be granted unless--
                    (A) the Secretary of the Interior, after completion 
                of any review required by paragraph (2), determines 
                that such action--
                            (i) complies with all environmental 
                        criteria, conditions, and restrictions 
                        established by or pursuant to section 8(p) of 
                        the Outer Continental Shelf Lands Act (43 
                        U.S.C. 1337(p)) or section 388 of the Energy 
                        Policy Act of 2005; and
                            (ii) will not unreasonably degrade or 
                        endanger human health, welfare, or amenities, 
                        the marine environment, or ecological systems 
                        or economic potentialities thereof; and
                    (B) the Secretary of Commerce, acting through the 
                Administrator of the National Oceanic and Atmospheric 
                Administration, concurs in writing with the 
                determination of the Secretary of the Interior under 
                subparagraph (A).
            (4) Standard of review.--For purposes of paragraph (3), an 
        action is deemed to unreasonably degrade or endanger human 
        health, welfare, or amenities, the marine environment, or 
        ecological systems or economic potentialities thereof, only if 
        the action is likely to cause, on an individual or cumulative 
        basis--
                    (A) significant adverse impacts to marine habitat, 
                ecosystem diversity, productivity, and stability of the 
                biological community within the area of the renewable 
                energy facility concerned and surrounding biological 
                communities;
                    (B) a threat to human life, health, or existing or 
                potential amenities through--
                            (i) the creation of a hazard to navigation, 
                        fishing, or recreation;
                            (ii) direct exposure to pollutants; or
                            (iii) consumption of exposed aquatic 
                        organisms; or
                    (C) significant impairment of recreational, 
                scientific, or economic benefits currently or 
                potentially derived from or within the area of the 
                renewable energy facility and surrounding waters.
    (f) Underwater Research and Exploration.--
            (1) In general.--Nothing in this Act restricts or otherwise 
        limits underwater research or exploration of the aquatic 
        environment within the New Jersey/New York Clean Ocean Zone, if 
        such research or exploration--
                    (A) will not adversely affect, or will be performed 
                for the sole purpose of furthering, the restoration, 
                protection and preservation of, the natural, chemical, 
                physical and biological integrity of the New Jersey/New 
                York Clean Ocean Zone; and
                    (B) is conducted in accordance with all other 
                applicable laws and regulations.
            (2) Prohibition.--The conduct of any underwater research or 
        exploration of the aquatic environment within the New Jersey/
        New York Clean Ocean Zone that does not comply with paragraph 
        (1) is prohibited.

SEC. 5. SUPPORT FOR MARINE ACTIVITIES.

    (a) Marine Activities.--
            (1) Activities not limited.--Nothing in this Act shall be 
        considered to restrict or otherwise limit the conduct of any of 
        the maritime activities described in paragraph (2) in the New 
        Jersey/New York Clean Ocean Zone, to the extent that such 
        activity does not violate any other applicable law or 
        regulation.
            (2) Marine activities described.--The maritime activities 
        referred to in paragraph (1) are the following:
                    (A) Boating.
                    (B) Underwater diving.
                    (C) Surfing, swimming, and other similar 
                recreational activities.
                    (D) Recreational fishing and commercial fishing.
                    (E) The creation of artificial reefs.
    (b) Fisheries Management Actions Not Authorized.--This Act shall 
not be used to adopt or enact fisheries management actions within the 
New Jersey/New York Clean Ocean Zone, including fisheries management 
allocation and techniques or any similar fisheries management related 
activity.

SEC. 6. ENFORCEMENT.

    This Act may be enforced under sections 105 and 107 of the Marine 
Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1415 and 
1417), except that section 4(b) of this Act may be enforced under 
sections 309 and 505 of the Federal Water Pollution Control Act (33 
U.S.C. 1319 and 1365).

SEC. 7. DEFINITIONS.

    Except as otherwise specifically provided, in this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Artificial reef.--The term ``artificial reef'' means a 
        federally or State approved structure that is constructed or 
        placed in the waters of the New York/New Jersey Bight for the 
        purpose of enhancing one or more of benthic relief, fishery 
        resources, commercial diving, recreational diving, surfing, 
        commercial fishing opportunities, and recreational fishing 
        opportunities.
            (3) Continental shelf.--The term ``Continental Shelf'' 
        means the seabed and subsoil of the submarine areas adjacent to 
        the coast of the United States, and all submerged lands lying 
        seaward and outside of the area of lands beneath navigable 
        waters (as that term is defined in section 2 of the Submerged 
        Lands Act (43 U.S.C. 1301)), extending to a depth of 1000 
        fathoms.
            (4) Discharge of a pollutant.--The term ``discharge of a 
        pollutant'' means any addition of any pollutant to the waters 
        of the New York/New Jersey Bight from any point source.
            (5) Disposal site.--The term ``disposal site'' means a 
        precise geographical area designated under Federal law for the 
        dumping of any material into the waters of the New York/New 
        Jersey Bight, including, but not limited to, any site at which 
        dumping is authorized under a permit issued under section 102 
        or 103 of the Marine Protection, Research, and Sanctuaries Act 
        of 1972 (33 U.S.C. 1412, 1413).
            (6) Dredged material.--The term ``dredged material'' means 
        any material excavated or dredged from the navigable waters of 
        the United States.
            (7) Dumping.--The term ``dumping'' has the meaning that 
        term has under section 3(f) of the Marine Protection, Research, 
        and Sanctuaries Act of 1972 (33 U.S.C. 1402(f)).
            (8) Effluent limitation.--The term ``effluent limitation'' 
        has the meaning that term has in section 502(11) of the Federal 
        Water Pollution Control Act (33 U.S.C. 1362(11)).
            (9) HARS.--The term ``HARS'' means the dredged material 
        disposal site located within the New York/New Jersey Bight and 
        bounded by the coordinates set forth in section 228.15(d)(6) of 
        title 40, Code of Federal Regulations (in effect as of July 1, 
        1999), also known as the Historic Area Remediation Site.
            (10) Material.--The term ``material'' has the meaning that 
        term has in section 3(c) of the Marine Protection, Research, 
        and Sanctuaries Act of 1972 (33 U.S.C. 1402(c)).
            (11) Material for remediation.--
                    (A) In general.--The term ``material for 
                remediation'' means dredged material that, through 
                testing and analysis, is determined by the 
                Administrator to--
                            (i) contain, or to cause through 
                        bioaccumulation, chemical concentrations of any 
                        Contaminant of Concern that are less than those 
                        concentrations present in, or caused through 
                        bioaccumulation by, the surficial sediment 
                        collected at a depth of no more than 6 inches 
                        from the proposed placement site within the 
                        HARS;
                            (ii) have fewer screening level exceedances 
                        for Contaminants of Concern than the surficial 
                        sediment collected at a depth of no more than 6 
                        inches from the proposed placement site within 
                        the HARS, except material for remediation shall 
                        have no Screening Level exceedances if such 
                        surface sediment have no such exceedance; and
                            (iii) otherwise complies with applicable 
                        Federal and State laws and regulations 
                        established for materials proposed for ocean 
                        dumping, including, without limitation, section 
                        227.6 of title 40, Code of Federal Regulations.
                    (B) Contaminant of concern defined.--In this 
                paragraph, the term ``Contaminant of Concern'' means--
                            (i) any of the pollutants specified in the 
                        chart in subparagraph (C) and having the 
                        corresponding Screening Level value (in parts 
                        per billion dry weight); and
                            (ii) any additional pollutant designated 
                        under subparagraph (D).
                    (C) Chart.--The chart referred to in subparagraph 
                (B) is as follows:


------------------------------------------------------------------------
                                                             Screening
                        Pollutant                              level
------------------------------------------------------------------------
Cadmium.................................................      1,200.0000
Chlordane...............................................          0.5000
Dieldrin................................................          0.0200
2,3,7,8 TCDD (Dioxin)...................................          0.0036
Total DDTs..............................................          1.5800
Lead....................................................     46,700.0000
Mercury.................................................        150.0000
Total Polychlorinated Biphenyls (PCBs)..................         22.7000
Total Polynuclear Aromatic Hydrocarbons (PAHs)..........      4,022.0000
------------------------------------------------------------------------

                    (D) Additional pollutants.--The Administrator shall 
                designate additional pollutants and corresponding 
                Screening Level values for purposes of this paragraph 
                as is necessary to achieve the purpose and intent of 
                section 4(a)(3).
            (12) Navigation channel.--The term ``navigation channel'' 
        means a channel that is federally or State designated and open 
        to permit free and unobstructed navigation by all types of 
        vessels and tows normally using such waterways.
            (13) New york/new jersey bight.--The term ``New York/New 
        Jersey Bight'' means the geographic area within the Atlantic 
        Ocean generally known by that name and located within the 
        boundaries described more particularly as follows: Beginning at 
        a point at the southern tip of Cape May, New Jersey, and 
        running--
                    (A) northerly along the mean high water mark of the 
                coast of New Jersey to the northern tip of Sandy Hook, 
                New Jersey, then
                    (B) northeasterly along the transect of the 
                northern tip of Sandy Hook and the western tip of Long 
                Island, New York, then
                    (C) easterly along the mean high water mark of the 
                south shore of Long Island to the eastern tip of Long 
                Island, New York, then
                    (D) southerly to the eastern bank of Block Canyon 
                to the 1,000 fathom line of the Continental Shelf, then
                    (E) southwesterly along the 1,000 fathom line to 
                the western bank of Baltimore Canyon, and then
                    (F) northwesterly to the point of beginning at the 
                southern tip of Cape May, New Jersey.
            (14) Nonrenewable energy.--The term ``nonrenewable energy'' 
        means any form of energy that is produced from a nonrenewable 
        natural resource, including oil, natural gas, liquid or gaseous 
        fuels, sand, or rock, any product produced therefrom, or any 
        synthetic version thereof.
            (15) Nonrenewable energy facility.--The term ``nonrenewable 
        energy facility'' means any equipment, pipeline, or facility, 
        other than an electrical transmission cable, a communication 
        cable, or a vessel in transit, that is or will be used 
        primarily--
                    (A) in the development, production, conversion, 
                storage, transfer, processing, or transportation of any 
                non-renewable natural resource; or
                    (B) for the manufacture, production, or assembly of 
                any equipment, machinery, product, or device that is 
                involved in any activity described in subparagraph (A).
            (16) Nonrenewable natural resource.--The term 
        ``nonrenewable natural resource''--
                    (A) except as provided in subparagraph (B), means 
                any naturally occurring, inanimate object, mineral, or 
                nonliving resource that cannot be replenished by 
                natural means at the same rate that it is consumed; and
                    (B) does not include any manmade object.
            (17) Permanent extraction.--The term ``permanent 
        extraction'' means the permanent removal of any nonrenewable 
        natural resource from the marine environment, including the 
        water column, the seabed, or subsoil.
            (18) Pipeline.--The term ``pipeline''--
                    (A) except as provided in subparagraph (B), means 
                any pipe or conveyance constructed or used primarily 
                for the transport of nonrenewable energy; and
                    (B) does not include an electrical transmission 
                cable or communications cable.
            (19) Pollutant.--The term ``pollutant''--
                    (A) except as provided in subparagraph (B), has the 
                meaning that term has in section 502(6) of the Federal 
                Water Pollution Control Act (33 U.S.C. 1362(6)); and
                    (B) does not include any material approved under 
                Federal law or a stricter State standard for use in the 
                construction or maintenance of a permitted artificial 
                reef.
            (20) Point source.--The term ``point source'' has the 
        meaning that term has in section 502(14) of the Federal Water 
        Pollution Control Act (33 U.S.C. 1362(14)).
            (21) Renewable energy resource.--The term ``renewable 
        energy resource''--
                    (A) means a source of energy that is regenerative 
                and is produced without depleting or otherwise 
                diminishing the resource from which such energy is 
                derived; and
                    (B) includes solar, thermal, photochemical, 
                photoelectric, photosynthetic, hydropower, geothermal, 
                tidal, and wind energy sources.
            (22) Renewable energy facility.--The term ``renewable 
        energy facility'' means any equipment or facility, other than a 
        vessel in transit, that is or will be used primarily--
                    (A) in the development, production, conversion, 
                storage, transfer, processing, or transportation of any 
                renewable energy resource; or
                    (B) for the manufacture, production, or assembly of 
                equipment, machinery, products, or devices, which are 
                involved in any activity described in subparagraph (A).
            (23) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army.
            (24) Vessel in transit.--The term ``vessel in transit''--
                    (A) means a vessel that has departed for, but has 
                not yet arrived at, its next point of destination; and
                    (B) includes any vessel described in subparagraph 
                (A) that is temporarily anchored pending such arrival.
                                 <all>