[Congressional Record Volume 145, Number 98 (Tuesday, July 13, 1999)]
[Senate]
[Page S8378]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. MOYNIHAN (for himself and Mr. Schumer):
  S. 1356. A bill to amend the Marine Protection, Research, and 
Sanctuaries Act of 1972 to clarify the limitation on the dumping of 
dredged material in Long Island Sound; to the Committee on Environment 
and Public Works.


              the long island sound protection act of 1999

  Mr. MOYNIHAN. Mr. President, I rise today to introduce a bill that 
will protect the natural beauty and resources of the Long Island Sound 
from current dredging policies that allow large amounts of material to 
be dumped into the estuary without stringent environmental review. The 
Long Island Sound Protection Act of 1999 would require all large 
dredging projects in the Sound to comply with sediment testing 
provisions of the Marine Protection Research and Sanctuaries Act, 
commonly known as the Ocean Dumping Act.
  Under the Ocean Dumping Act, any Long Island Sound dredging project 
that disposes of more than 25,000 tons of dredged material must undergo 
toxicity and bioaccumulation tests before it is safe to dump. However, 
smaller nonfederal projects need only comply with the Clean Water Act, 
which does not require testing. In recent years, the Army Corps of 
Engineers has begun an unfortunate practice of avoiding the more 
rigorous requirements of the Ocean Dumping Act by individually 
permitting smaller projects that are clearly a part of larger dredging 
operations. Individually permitted, these projects need only comply 
with the Clean Water Act, even though they are dumped together in the 
Long Island Sound and have the same cumulative effect as one large 
project would to the local ecosystem. The Long Island Sound Protection 
Act would end this practice of stacking permits and would ensure that 
at least one environmentally acceptable disposal site is designated by 
the Environmental Protection Agency within a two-year period.
  Dredging projects are critical to the people and businesses who rely 
extensively on the Sound to transport goods, services, and people every 
day. However, the health of the Long Island Sound ecosystem is also 
important to the 8 million people living within the boundaries of the 
Long Island Sound watershed, with more than $5 billion generated 
annually from boating, commercial and sport fishing, swimming, and 
beachgoing. The Long Island Sound is also an estuary of national 
significance that my State, in cooperation with the Environmental 
Protection Agency, has worked diligently to restore under the 1992 Long 
Island Sound Comprehensive Conservation and Management Plan. This bill 
would remove one of the barriers to achieving the laudable goals of 
this Plan.
  A clean and safe Sound is important to us all. I urge my colleagues 
to join me in supporting this important legislation.
  Mr. President, I ask unanimous consent that my bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1356

       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. LONG ISLAND SOUND PROTECTION.

       Section 106 of the Marine Protection, Research, and 
     Sanctuaries Act (33 U.S.C. 1416) is amended--
       (1) by striking ``(f) In'' and inserting the following:
       ``(f) Long Island Sound.--
       ``(1) In general.--In''; and
       (2) by adding at the end the following:
       ``(2) Multiple projects.--
       ``(A) In general.--Paragraph (1) shall apply to a project 
     described in paragraph (1) if--
       ``(i) 1 or more projects of that type produce, in the 
     aggregate, dredged material in excess of 25,000 cubic yards; 
     and
       ``(ii)(I) the project or projects are carried out in a 
     proximate geographical area; or
       ``(II) the aggregate quantity of dredged material produced 
     by the project or projects is transported, for dumping 
     purposes, by the same barge.
       ``(B) Regulations.--As soon as practicable, but not later 
     than 60 days after the date of enactment of this paragraph, 
     the Administrator shall promulgate regulations that define 
     the term `proximate geographical area' for purposes of 
     subparagraph (A)(i).
       ``(3) Designated site.--Not later than 2 years after the 
     date of enactment of this paragraph, the Administrator shall 
     designate under section 102(c) at least 1 site for the 
     dumping of dredged material generated in the vicinity of Long 
     Island Sound.
       ``(4) Prohibition on dumping of dredged material.--Except 
     at the site or sites designated under paragraph (3) (if the 
     site or sites are located in Long Island Sound), no dredged 
     material shall be dumped in Long Island Sound after the date 
     on which the Administrator designates at least 1 site under 
     paragraph (3).''.
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