I 

108TH CONGRESS 

2D SESSION H. R. 4482 

To amend the Marine Protection, Research, and Sanctuaries Act of 1972 

to prohibit the dumping of dredged material in certain bodies of water. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 2, 2004 

Mr. BISHOP of New York 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 to prohibit the dumping of dredged material 

in certain bodies of water. 

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

3 SECTION 1. SHORT TITLE. 

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

5 Protection Act’’. 

6 SEC. 2. PROHIBITION ON DUMPING OF DREDGED MATE7 RIAL. 

8 Section 106 of the Marine Protection, Research, and 

9 Sanctuaries Act of 1972 (33 U.S.C. 1416) is amended by 

10 striking subsection (f) and inserting the following: 
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1 ‘‘(f) PROHIBITION ON DUMPING OF DREDGED MATE2 RIAL.— 

3 ‘‘(1) DEFINITIONS.—In this subsection: 

4 ‘‘(A) COVERED BODY OF WATER.—The 

5 term ‘covered body of water’ means— 

6 ‘‘(i) Long Island Sound; 

7 ‘‘(ii) Fisher’s Island Sound; 

8 ‘‘(iii) Block Island Sound; 

9 ‘‘(iv) Peconic Bay; and 

10 ‘‘(v) any harbor or tributary of a body 

11 of water described in any of clauses (i) 

12 through (iv). 

13 ‘‘(B) COVERED PROJECT.—The term ‘cov14 ered project’ means— 

15 ‘‘(i) any Federal dredging project (or 

16 any project conducted for a Federal agency 

17 pursuant to Federal authorization); 

18 ‘‘(ii) a dredging project carried out by 

19 a non-Federal entity that results in the 

20 production of more than 25,000 cubic 

21 yards of dredged material; and 

22 ‘‘(iii) any of 2 or more dredging 

23 projects carried out by 1 or more non-Fed24 eral entities in a covered body of water, si25 multaneously or sequentially within a 180- 
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1 day period, that result, in the aggregate, in 

2 the production of more than 25,000 cubic 

3 yards of dredged material. 

4 ‘‘(C) PLAN.—The term ‘plan’ means the 

5 dredged material management plan required 

6 under paragraph (5). 

7 ‘‘(2) PROHIBITION.—No dredged material from 

8 any covered project shall be dumped, or transported 

9 for the purpose of dumping, into any covered body 

10 of water unless and until the dredged material is de11 termined by the Administrator— 

12 ‘‘(A) to have, or to cause (including 

13 through bioaccumulation), concentrations of 

14 chemical constituents that are not greater than 

15 those concentrations present in the water col16 umn, sediments, and biota of areas proximate 

17 to, but unaffected by, the proposed disposal 

18 site; and 

19 ‘‘(B) to meet all requirements under this 

20 title (including the trace contaminant provision 

21 under section 227.6 of title 40, Code of Federal 

22 Regulations (or a successor regulation), and re23 quirements under other regulations promul24 gated under section 108). 
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1 ‘‘(3) DESIGNATION OF SITES.—No dredged ma2 terial shall be dumped, or transported for the pur3 pose of dumping, into any covered body of water ex4 cept— 

5 ‘‘(A) at a site designated by the Adminis6 trator in accordance with section 102(c); and 

7 ‘‘(B) upon a determination by the Admin8 istrator, following approval of the plan required 

9 under paragraph (5)(F), that no feasible alter10 native to ocean disposal, including sediment re11 mediation, beneficial reuse, and land-based al12 ternatives, is available prior to the time of des13 ignation. 

14 ‘‘(4) RELATIONSHIP TO OTHER LAW.— 

15 ‘‘(A) IN GENERAL.—Except as provided in 

16 subparagraph (B), this title applies to each cov17 ered body of water. 

18 ‘‘(B) EXCEPTION.—No waiver under sec19 tion 103(d) shall be available for the dumping 

20 of dredged material in any covered body of 

21 water. 

22 ‘‘(5) DREDGED MATERIAL MANAGEMENT

23 PLAN.— 

24 ‘‘(A) IN GENERAL.—Before designation of 

25 any dredged material disposal site in a covered 
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1 body of water, the Secretary and the Adminis2 trator, in consultation with the United States 

3 Fish and Wildlife Service, the National Marine 

4 Fisheries Service, the Coast Guard, and the 

5 States of Connecticut and New York, shall— 

6 ‘‘(i) develop a dredged material man7 agement plan for the management of all 

8 dredged sediment in the covered bodies of 

9 water; and 

10 ‘‘(ii) submit the plan to Congress and 

11 the Governors of the States of Connecticut 

12 and New York. 

13 ‘‘(B) OBJECTIVES.—The objectives of the 

14 plan shall be— 

15 ‘‘(i) to identify sources, quantities, 

16 and the extent of contamination of dredged 

17 material that requires disposal; 

18 ‘‘(ii) to determine management ac19 tions that are to be taken to reduce sedi20 ment and contaminant loading of dredged 

21 areas; 

22 ‘‘(iii) to thoroughly assess alternative 

23 locations, treatment technologies, and ben24 eficial uses for dredged material; 
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1 ‘‘(iv) to ensure that dumping is the 

2 disposal option of last resort for dredged 

3 material and is used only after all other 

4 options have been exhausted; 

5 ‘‘(v) to secure— 

6 ‘‘(I) alternative methods of dis7 posal of dredged materials, including 

8 decontamination technologies; and 

9 ‘‘(II) alternative uses of mate10 rials, including upland disposal, con11 tainment, beach nourishment, marsh 

12 restoration, habitat construction, and 

13 other beneficial reuses; and 

14 ‘‘(vi) to confirm the specific roles of 

15 Federal, State, and local agencies with re16 spect to various aspects of dredged mate17 rial management. 

18 ‘‘(C) REQUIREMENTS.—The plan shall in19 clude environmental, economic, and other anal20 ysis required to meet the objectives listed in 

21 subparagraph (B), including— 

22 ‘‘(i) an analysis of strategies to reduce 

23 sediment loading of harbors and navigation 

24 areas; 
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1 ‘‘(ii) an analysis of sources of sedi2 ment contamination, including rec3 ommendations for management measures 

4 to limit or reduce those contamination 

5 sources; 

6 ‘‘(iii) an analysis of options for reduc7 ing dredging needs through modification of 

8 navigation strategies; 

9 ‘‘(iv) an analysis of decontamination 

10 technologies, including subsequent alter11 native uses of decontaminated materials 

12 (such as upland disposal, containment, 

13 beach nourishment, marsh restoration, and 

14 habitat construction); and 

15 ‘‘(v) a program for use of alternative 

16 methods of disposal and use of dredged 

17 material, including alternatives to dumping 

18 or dispersal in a covered body of water. 

19 ‘‘(D) PUBLIC INPUT.—The Secretary and 

20 the Administrator shall— 

21 ‘‘(i) during the development of the 

22 plan, hold in the States of Connecticut and 

23 New York a series of public hearings on 

24 the plan; and 
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1 ‘‘(ii) append to the plan a summary of 

2 the public comments received. 

3 ‘‘(E) SUPPORT.—Each of the Federal 

4 agencies referred to in subparagraph (A) shall 

5 provide such staff support and other resources 

6 as are necessary to carry out this paragraph. 

7 ‘‘(F) APPROVAL BY CONNECTICUT AND

8 NEW YORK.— 

9 ‘‘(i) IN GENERAL.—Not later than 60 

10 days after the date of receipt of the plan, 

11 the Governors of the States of Connecticut 

12 and New York shall notify the Secretary 

13 and the Administrator of whether the 

14 States approve or disapprove the plan. 

15 ‘‘(ii) DUMPING OF DREDGED MATE16 RIAL.—No dredged material from a cov17 ered project may be dumped, or trans18 ported for the purpose of dumping, in any 

19 covered body of water unless the dredged 

20 material— 

21 ‘‘(I) conforms to a plan that has 

22 been approved by the Governors of the 

23 States of Connecticut and New York; 

24 and 
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1 ‘‘(II) is to be dumped in a 

2 dredged material disposal site des3 ignated by the Administrator under 

4 this title. 

5 ‘‘(iii) FINALITY.—No dredged mate6 rial disposal plan shall become final until 

7 the plan has been approved by the States 

8 of Connecticut and New York under clause 

9 (i). 

10 ‘‘(iv) PREVIOUSLY DESIGNATED

11 SITES.—No dredged material disposal site 

12 in any covered body of water that was des13 ignated before the date of enactment of 

14 this clause shall be used for dumping of 

15 dredged material from a covered project 

16 until the plan has been approved by the 

17 States of Connecticut and New York under 

18 clause (i). 

19 ‘‘(G) AUTHORIZATION OF APPROPRIA20 TIONS.—There is authorized to be appropriated 

21 to carry out this paragraph $5,000,000 for each 

22 of fiscal years 2005 and 2006.’’. 

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