[Congressional Record Volume 142, Number 117 (Friday, August 2, 1996)]
[Senate]
[Pages S9594-S9595]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. D'AMATO (for himself, Mr. Moynihan, and Mr. Faircloth):
  S. 2041. A bill to amend the Marine Protection, Research, and 
Sanctuaries Act of 1972 with respect to the dumping of dredged material 
in Long Island Sound, and for other purposes; to the Committee on 
Environment and Public Works.


         THE LONG ISLAND SOUND PRESERVATION AND PROTECTION ACT

  Mr. D'AMATO. Mr. President, I rise today to introduce legislation 
along with Senator Moynihan and Senator Faircloth that will help 
guarantee that one of our Nation's most important estuaries is no 
longer used as a dumping ground for polluted dredged material. Long 
Island Sound is a spectacular body of water located between Long 
Island, NY and the State of Connecticut. Unfortunately, dumping of 
dredged material of questionable environmental impact has occurred in 
the sound for a number of years. It is high time that Congress put an 
end to this practice of willful pollution of the Sound.
  The legislation that we are introducing today will prevent any 
individual or any Government agency from randomly dumping sediments 
into the ecologically sensitive sound. Specifically, the legislation 
prevents all sediments that contain any constituents prohibited as 
other than trace contaminants, as defined by Federal regulations, from 
being dumped into either Long Island Sound or Block Island Sound. 
Exceptions to the act can be made only in circumstances where the 
Administrator of the Environmental Protection Agency shows that the 
material will not cause undesirable effects to the environment or 
marine life.
  Last fall, the U.S. Navy dumped over 1 million cubic yards of dredged 
material from the Thames River into the New London dump site located in 
the sound. Independent tests of this sediment indicated that 
contaminants were present in that dredged material that now lies at the 
bottom of the sound's New London dump site-contaminants such as dioxin, 
cadmium, pesticides, polyaromatic hydrocarbons, PCB's, and mercury. 
Right now, there is a question as to the long-term impact this material 
will have on the aquatic life and the environment in this area. Such 
concerns should not have to occur. It has taken years to come as far as 
we have in cleaning up Long Island Sound--we should not jeopardize 
those gains by routinely allowing the dumping of polluted sediments in 
these waters.
  Over $1.2 billion in Federal, State, and local funds have been spent 
in the State of New York in the last quarter century combating 
pollution in the sound. However, over the last 25 years, we have 
continued to look the other way when it comes to dumping in the sound. 
Such actions are counterproductive in our efforts to restore the Sound 
for recreational activities such as swimming and boating as well as the 
economic benefits of sport fishing and the shellfish industry all of 
which bring more than $5.5 billion to the region each year. We can and 
must change our current direction. With the passage of this 
legislation, I am confident that we will do so, and the Long Island 
Sound will move forward on the road to recovery. I urge my colleagues 
to join us in cosponsoring this bill, and I encourage its swift passage 
in the Senate.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2041

       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 of 1996''.

     SEC. 2. DUMPING OF DREDGED MATERIALS IN LONG ISLAND SOUND.

       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:

[[Page S9595]]

       ``(f) Dumping of Dredged Material in Long Island Sound.--
       ``(1) In general.--No dredged material from any Federal or 
     non-Federal project that contains any of the constituents 
     prohibited as other than trace contaminants (as defined by 
     the Federal ocean dumping criteria stated in section 227.6 of 
     title 40, Code of Federal Regulations) may be dumped in Long 
     Island Sound or Block Island Sound except in a case 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 
     the 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 of 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 in a quantity 
     exceeding 25,000 cubic yards shall comply with the criteria 
     established under 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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