[Congressional Record Volume 143, Number 160 (Thursday, November 13, 1997)]
[Senate]
[Page S12597]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. D'AMATO (for himself and Mr. Moynihan):
  S. 1553. 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 my friend and colleague, Senator Moynihan, 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, New York and the State of Connecticut. Unfortunately, past 
dumping of dredged material of questionable environmental impact has 
occurred in the sound. It is high time that Congress put an end to any 
future, willful pollution of the sound.
  The legislation that we are introducing today will prevent any 
individual of 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 of 
marine life.
  In the fall of 1995, 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 that 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 that area 
of the ocean. 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.

  Vast amounts of 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, at times over the last 25 years, we have looked 
the other way when it comes to dumping in the sound. Such actions are 
counter-productive in our efforts to restore the sound for recreational 
activities such as swimming and boating as well as the economic 
benefits of sportfishing and the shellfish industry--all of which bring 
more than $5.5 billion to the region each year.
  New Yorkers realize the importance of the sound and are stepping up 
their efforts to make sure it is cleaned up. New York voters approved 
an environmental bond initiative that, among other things, commits $200 
million for sewage treatment plant upgrades, habitat restoration, and 
nonpoint source pollution controls on Long Island Sound. New York is 
doing its part; it is time now to get the support of the federal 
government. With the actions taken by New York, and with the passage of 
the legislation Senator Moynihan and I are introducing, I am confident 
that Long Island Sound will move steadily 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. 1553

       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 1997''.

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

       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) Dumping of Dredged Material in Long Island Sound.--
       ``(1) Prohibition.--No dredged material from any Federal or 
     non-Federal project in a quantity exceeding 25,000 cubic 
     yards 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, Code of Federal Regulations) may be dumped in Long Island 
     Sound (including Fishers 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 the constituents in marine 
     organisms.
       ``(2) Compliance with other requirements.--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 (including Fishers Island Sound) or Block Island 
     Sound from a Federal project pursuant to Federal 
     authorization, or from a dredging project by a non-Federal 
     applicant, in a quantity exceeding 25,000 cubic yards, shall 
     comply with the requirements of this Act, including 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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