108th CONGRESS
1st Session
H. R. 3409
To amend the Marine Protection, Research, and Sanctuaries Act of
1972 relating to the dumping of dredged material in certain areas, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
October 30, 2003
Mr. BISHOP of New York (for himself, Mr. ISRAEL, Mr. KING of New York, Mrs.
MCCARTHY of New York, and Mr. ACKERMAN) introduced the following bill; which
was referred to the Committee on Transportation and Infrastructure
A BILL
To amend the Marine Protection, Research, and Sanctuaries Act of
1972 relating to the dumping of dredged material in certain areas, and for
other purposes.
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'.
SEC. 2. PROHIBITION OF DUMPING OF DREDGED MATERIALS IN CERTAIN AREAS.
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) PROHIBITION OF DUMPING OF DREDGED MATERIAL IN CERTAIN AREAS-
`(1) IN GENERAL- No dredged material from any Federal project, or from any
non-Federal project, 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 of the Code of Federal Regulations)
may be dumped in Long Island Sound, Block Island Sound, or Peconic Bay except
in cases 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 such 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
in 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 exceeding 25,000 cubic yards shall comply with
the criteria established pursuant to 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.'.
END
