[House Report 106-595]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-595

======================================================================



 
           LONG ISLAND SOUND PRESERVATION AND PROTECTION ACT
                                _______
                                

  May 2, 2000.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Shuster, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 855]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 855) to amend the Marine 
Protection, Research, and Sanctuaries Act of 1972 relating to 
the dumping of dredged material in Long Island Sound, and for 
other purposes, having considered the same, reports favorably 
thereon with an amendment and recommends that the bill as 
amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Long Island Sound Preservation and 
Protection Act''.

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:
  ``(f) Dumping of Dredged Material in Long Island Sound.--In addition 
to other provisions of law, the transportation of dredged material 
from--
          ``(1) a dredging project exceeding 25,000 cubic yards by a 
        non-Federal applicant;
          ``(2) any dredging project by a Federal applicant; or
          ``(3) any Federal project,
for the purpose of dumping it into the waters of Long Island Sound 
(including Fisher's Island Sound) must satisfy all applicable 
provisions of this title as if the waters of Long Island Sound, which 
are internal waters of the United States, were ocean waters under this 
title.''.

                          Purpose and Summary

    The purpose of H.R. 855, the ``Long Island Sound 
Preservation and Protection Act,'' is to amend title I of the 
Marine Protection, Research, and Sanctuaries Act (commonly 
referred to as the Ocean Dumping Act) to clarify environmental 
criteria governing the disposal of dredged material in Long 
Island Sound, including Fisher's Island Sound.

                  Background and Need for Legislation

    The disposal of dredged material in ocean waters is 
regulated under the Marine Protection, Research, and 
Sanctuaries Act (MPRSA). Disposal of dredged materials in other 
waters of the United States is governed by Section 404 of the 
Clean Water Act. The Long Island Sound is not included in the 
statutory definition of ocean waters. However, in 1980, former 
Representative Ambro (NY) authored an amendment to the MPRSA 
(Section 106(f)) to require that the disposal of dredged 
material into the Long Island Sound from any federal project, 
or from any non-federal project exceeding 25,000 cubic yards, 
comply with the environmental criteria for ocean dumping under 
the MPRSA, in addition to the requirements of Section 404 of 
the Clean Water Act. Congress made additional revisions to 
Section 106(f) in 1990.
    Some have expressed the concern that EPA and the Corps of 
Engineers have not always complied with the Ambro amendment's 
intent and requirements for the disposal of dredged materials 
in the Long Island Sound. H.R. 855 responds to this concern by 
amending section 106(f) of the MPRSA to clarify its original 
purpose.

      Discussion of Committee Bill and Section-by-Section Analysis


Section 1. Short title

    Provides that the Act may be cited as the ``Long Island 
Sound Preservation and Protection Act.''

Section 2. Dumping of dredged materials in Long Island Sound

    Amends section 106(f) of the MPRSA to require that the 
disposal of dredged material from federal projects, including 
dredging projects by federal applicants, and any nonfederal 
project exceeding 25,000 cubic yards into the waters of Long 
Island Sound (including Fisher's Island Sound) comply with the 
requirements of the Ocean Dumping Act, even though those waters 
are internal waters of the United States. Disposal of such 
dredged material also remains subject to regulation under 
section 404 of the Clean Water Act, which applies to internal 
waters of the United States.
    The purpose of this amendment is to require that the 
transportation of dredged material for the purpose of dumping 
it into Long Island Sound (including Fisher's Island Sound) 
from the listed categories of projects receive a permit (or 
``authorization'' for Federal projects) under section 103 of 
the MPRSA, in addition to the permit (or authorization) 
required under section 404 of the Clean Water Act. Permits or 
authorizations issued for such categories of projects must 
satisfy all provisions of section 103 and all applicable 
regulations promulgated under title I of the MPRSA. As required 
by MPRSA section 103, all sites for disposal must either be 
designated by the Administrator of EPA in accordance with 
section 102 of the MPRSA, or selected by the Secretary of the 
Army in accordance with section 103. Sites in Long Island Sound 
that have been used in the past for dredged material disposal 
may continue to be used in the future, but only if they are 
either designated by EPA, or selected by the Corps of 
Engineers, prior to such use.
    The waters of Block Island Sound are ocean waters and 
already subject to the provisions of the MPRSA. This amendment 
clarifies that Fisher's Island Sound, as part of Long Island 
Sound, is subject to section 106(f).
    The Committee takes note of the Letter of Agreement of 
April 1998 between EPA and the Corps of Engineers, and 
considers that implementation of that Letter of Agreement would 
fully comply with the requirements imposed under this 
amendment.

                                Hearings

    On July 13, 1999, the Subcommittee on Water Resources and 
Environment held a hearing on ``Estuaries and Coastal Water 
Quality Legislation,'' and received testimony on H.R. 855, as 
well as other coastal and estuary bills. The hearing included 
testimony from Members of Congress, including Representative 
Forbes (NY), Representative Shays (CT), Representative DeLauro 
(CT), Representative Ackerman (NY), and Representative Johnson 
(CT). Testimony was also heard from the U.S. Army Corps of 
Engineers, the EPA, the National Oceanic and Atmospheric 
Administration, as well as representatives of coastal states 
and several environmental organizations.

                        Committee Consideration

    On April 5, 2000, the Water Resources and Environment 
Subcommittee reported H.R. 855, by unanimous voice vote, 
favorably to the Full Committee. The Subcommittee adopted an 
amendment to (a) restate and clarify the current requirements 
and environmental criteria for the disposal of dredged 
materials in Long Island Sound and (b) clarify that Fisher's 
Island Sound is part of Long Island Sound.
    On April 11, 2000, the Full Committee met in open session 
and ordered the bill reported to the House by unanimous voice 
vote.

                             Rollcall Votes

    Clause 3(b) of Rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each roll call vote on a motion 
to report and on any amendment offered to the measure or 
matter, and the namesof those members voting for and against. 
There were no recorded votes taken in connection with ordering H.R. 855 
reported.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          Cost of Legislation

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    Compliance with House Rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
308(a) of the Congressional Budget Act of 1974, the Committee 
references the report of the Congressional Budget Office 
included below.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 855.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 855 
from the Director of the Congressional Budget Office.
                                     U.S. Congress,
                               Congressional Budget Office,
                                       Washington, DC, May 2, 2000.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 855, the Long 
Island Sound Preservation and Protection Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Susanne S. 
Mehlman and Megan Carroll.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

               congressional budget office cost estimate

H.R. 855--Long Island Sound Perservation and Protection Act

    H.R. 855 would amend currently law to clarify that the 
requirements of the Marine Protection, Research, and 
Sanctuaries Act of 1972 (MPRSA) apply to certain activities in 
Fisher's Island Sound. Under that act, the Environmental 
Protection Agency (EPA) and the U.S. Army Corps of Engineers 
regulate the disposal of dredged material in ocean waters, 
including Long Island Sound. Those agencies already consider 
Fisher's Island Sound to be part of Long Island Sound. Hence, 
we expect that enacting H.R. 855 would not affect the federal 
budget.
    Because the bill would not affect direct spending or 
receipts, pay-as-you-go procedures would not apply. H.R. 855 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act and would impose no 
costs on state, local, or tribal governments.
    The CBO staff contracts for this estimate are Susanne S. 
Mehlman and Megan Carroll. This estimate was approved by Robert 
A. Sunshine, Assistant Director for Budget Analysis.

                   Constitutional Authority Statement

    Pursuant to clause (3)(d)(1) of Rule XIII of the Rules of 
the House of Representatives, committee reports on a bill or 
joint resolution of a public character shall include a 
statement citing the specific powers granted to the Congress in 
the Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act. (Public Law 104-4.)

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act. (Public Law 
104-1.)

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

SECTION 106 OF THE MARINE PROTECTION, RESEARCH, AND SANCTUARIES ACT OF 
                                  1972


                       relationship to other laws

      Sec. 106. (a) * * *

           *       *       *       *       *       *       *

  [(f) In addition to other provisions of law and not 
withstanding the specific exclusion relating to dredged 
material in the first sentence in section 102(a) of this Act, 
the dumping of dredged material in Long Island Sound from any 
Federal project (or pursuant to Federal authorization) or from 
a dredging project by a non-Federal applicant exceeding 25,000 
cubic yards shall comply with the requirements of this title.]
  (f) Dumping of Dredged Material in Long Island Sound.--In 
addition to other provisions of law, the transportation of 
dredged material from--
          (1) a dredging project exceeding 25,000 cubic yards 
        by a non-Federal applicant;
          (2) any dredging project by a Federal applicant; or
          (3) any Federal project,
for the purpose of dumping it into the waters of Long Island 
Sound (including Fisher's Island Sound) must satisfy all 
applicable provisions of this title as if the waters of Long 
Island Sound, which are internal waters of the United States, 
were ocean waters under this title.

           *       *       *       *       *       *       *


                                  
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