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Union Calendar No. 325

106TH CONGRESS

2D SESSION H. R. 855

[Report No. 106–595]

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.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 25, 1999

Mr. FORBES introduced the following bill; which was referred to the

Committee on Transportation and Infrastructure

MAY 2, 2000

Additional sponsors: Mr. ACKERMAN, Mr. KING, Mr. EVANS, Mrs. KELLY,

Mrs. MCCARTHY of New York, Mr. PALLONE, and Mr. SAXTON

MAY 2, 2000

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 855 RH

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Long Island Sound

3 Preservation and Protection Act’’.

4 SEC. 2. DUMPING OF DREDGED MATERIALS IN LONG IS5 LAND SOUND.

6 Section 106(f) of the Marine Protection, Research,

7 and Sanctuaries Act of 1972 (33 U.S.C. 1416(f)) is

8 amended to read as follows:

9 ‘‘(f) DUMPING OF DREDGED MATERIAL IN LONG

10 ISLAND SOUND.—

11 ‘‘(1) IN GENERAL.—No dredged material from

12 any Federal project, or from any non-Federal

13 project, that contains any of the constituents prohib14 ited as other than trace contaminants (as defined by

15 the Federal ocean dumping criteria set forth in sec16 tion 227.6 of title 40 of the Code of Federal Regula17 tions) may be dumped in Long Island Sound or

18 Block Island Sound, except in cases in which it is

19 demonstrated to the Administrator, and the Admin20 istrator certifies by publication in the Federal Reg21 ister, that the dumping of the dredged material con22 taining such constituents will not cause significant

23 undesirable effects, including the threat associated

24 with bioaccumulation of such constituents in marine

25 organisms.
3

•HR 855 RH

1 ‘‘(2) FEDERAL PROJECTS EXCEEDING 25,000

2 YARDS.—In addition to other provisions of law and

3 notwithstanding the specific exclusion relating to

4 dredged material in the first sentence in section

5 102(a), any dumping of dredged material in Long

6 Island Sound from a Federal project (or pursuant to

7 Federal authorization) by a non-Federal applicant

8 exceeding 25,000 cubic yards shall comply with the

9 criteria established pursuant to the second sentence

10 of section 102(a) relating to the effects of dumping.

11 ‘‘(3) RELATION TO OTHER LAW.—Subsection

12 (d) shall not apply to this subsection.’’.

13 SECTION 1. SHORT TITLE.

14 This Act may be cited as the ‘‘Long Island Sound Pres15 ervation and Protection Act’’.

16 SEC. 2. DUMPING OF DREDGED MATERIALS IN LONG IS17 LAND SOUND.

18 Section 106(f) of the Marine Protection, Research, and

19 Sanctuaries Act of 1972 (33 U.S.C. 1416(f)) is amended

20 to read as follows:

21 ‘‘(f) DUMPING OF DREDGED MATERIAL IN LONG IS22 LAND SOUND.—In addition to other provisions of law, the

23 transportation of dredged material from—

24 ‘‘(1) a dredging project exceeding 25,000 cubic

25 yards by a non-Federal applicant;
4

•HR 855 RH

1 ‘‘(2) any dredging project by a Federal appli2 cant; or

3 ‘‘(3) any Federal project,

4 for the purpose of dumping it into the waters of Long Island

5 Sound (including Fisher’s Island Sound) must satisfy all

6 applicable provisions of this title as if the waters of Long

7 Island Sound, which are internal waters of the United

8 States, were ocean waters under this title.’’.

Union Calendar No. 325

106TH CONGRESS

2D SESSION H. R. 855

[Report No. 106–595]

A BILL

To amend the Marine Protection, Research, and

Sanctuaries Act of 1972 relating to the dumpingof dredged material in Long Island Sound, andfor other purposes.

MAY 2, 2000

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union,

and ordered to be printed