[Congressional Record Volume 150, Number 74 (Tuesday, June 1, 2004)]
[Senate]
[Pages S6278-S6279]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. CLINTON (for herself and Mr. Schumer):
  S. 2482. 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; to the Committee on Environment and Public 
Works.
  Mrs. CLINTON. Mr. President, I rise today to introduce the Long 
Island Sound Protection Act on behalf of myself and Senator Schumer. 
This legislation, which Congressman Bishop will be introducing in the 
House, would ensure that contaminated dredge materials are not dumped 
in Long Island Sound.
  The need for this legislation is that the U.S. Environmental 
Protection Agency is finalizing the process of designating several 
sites in Long Island Sound as long term disposal sites under the Marine 
Protection, Research, and Sanctuaries Act. Once this designation is 
complete, the sites will be open to receive dredged material 
indefinitely.
  I recognize that there has been and will continue to be a need to 
dredge harbors and marinas around the Sound to support commerce and 
navigation. But I am concerned that EPA has not looked hard enough at 
alternatives to dumping in the sound. While not all dredged materials 
are contaminated, we know that some are contaminated with heavy metals 
and other toxins. In my view, we should not use the Sound as a dumping 
ground for those materials.
  We must look more thoroughly for alternatives to dumping contaminated 
waste in Long Island Sound. We need careful planning that involves a 
strong role for the State of New York in this process. That is why this 
legislation is so important--we cannot let short term economics 
overtake long term environmental concerns.
  The Long Island Sound Protection Act would require the Corps of 
Engineers and the EPA to work with other federal agencies and the 
states of New York and Connecticut to develop a dredged material 
management plan (DMMP) that would govern dumping in the sound.
  The Long Island Sound Protection Act would require the DMMP to meet a 
set of objectives, including: Identifying the major sources and 
quantities of dredge material and contamination that require disposal; 
determining management actions that are to be taken to reduce sediment 
and contaminant loading of dredged areas; thoroughly assessing 
alternative locations, treatment technologies and beneficial uses for 
dredged material; ensuring that dumping is the disposal option of the 
last resort after all other options have been exhausted; securing 
alternative methods of disposal of contaminated dredge materials, 
including decontamination technologies, and alternative uses of 
materials, including upland disposal, containment, beach nourishment, 
marsh restoration, habitat construction, and other beneficial reuses; 
and confirming the specific roles of Federal, State, and local agencies 
with respect to various aspects of dredged material management.
  The Long Island Sound Protection Act also would stipulate that no 
dumping can occur in Long Island Sound, except in accordance with a 
DMMP that has been approved by the Governors of New York and 
Connecticut.
  In addition, the bill would provide for public hearings in both New 
York and Connecticut during the development of the DMMP.
  To me this is a common sense solution to the current dredge disposal 
problem. It would enable both New York and Connecticut to play a 
stronger role in determining what we put in the Sound. And it would 
provide for a much harder look at upland disposal and beneficial reuse 
as alternatives to dumping in the Sound.
  I ask unanimous consent that the text of the measure be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2482

       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.--

[[Page S6279]]

       ``(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.''.
                                 ______