structed or put into use after such date of enact-
ment. 
(2) LIMITATIONS
ON
EXISTING
PERMITS.—A 
State or Federal permit issued pursuant to section 
402 of the Federal Water Pollution Control Act (33 
U.S.C. 1342) for the discharge of a pollutant into 
the New Jersey/New York Clean Ocean Zone may 
not be renewed, reissued, or modified after the date 
of enactment of this Act to allow for any increase of 
discharge capacity of any point source or sources. 
The renewed, reissued, or modified permit may not 
contain any effluent limitation that is less stringent 
than comparable effluent limitations in such permit 
and shall otherwise require compliance with all other 
applicable laws and regulations under the Federal 
Water Pollution Control Act, including applicable 
water quality standards. 
(c) EXTRACTION OF NONRENEWABLE NATURAL RE-
SOURCES.— 
(1) PROHIBITION.—The permanent extraction 
of any nonrenewable natural resource from the New 
Jersey/New York Clean Ocean Zone for commercial 
or industrial use is prohibited, unless such removal 
is undertaken for the primary purpose of maintain-
ing or establishing navigation channels. 
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(2) LIMITATION.—This Act shall not be used to 
restrict or otherwise limit beach replenishment ac-
tivities, flood control activities, erosion control activi-
ties, or habitat restoration projects on or along the 
shores of the New Jersey/New York Clean Ocean 
Zone. 
(d) NONRENEWABLE ENERGY FACILITIES.—Except 
as set forth in subsection (e)— 
(1) the creation of any type of nonrenewable en-
ergy facility or pipeline within the New Jersey/New 
York Clean Ocean Zone is prohibited; 
(2) the Secretary of Transportation shall not 
issue any license pursuant to section 4 of the Deep-
water Port Act (33 U.S.C. 1503) or section 106 of 
the Maritime Transportation Security Act of 2002 
(116 Stat. 2086) for the ownership, construction, or 
operation of a deepwater port used for the produc-
tion, storage, transport, or transfer of nonrenewable 
energy in the New Jersey/New York Clean Ocean 
Zone; 
(3) there shall be no conveyance of any interest 
in any federally owned, submerged or subterranean 
land within the New Jersey/New York Clean Ocean 
Zone for the purpose of establishing or operating a 
nonrenewable energy facility, including— 
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(A) the conveyance of such an interest for 
any pipeline that transports any nonrenewable 
natural resource or any refined product pro-
duced therefrom, within or through the New 
Jersey/New York Clean Ocean Zone; and 
(B) the grant or lease of such right-of- 
ways by the Secretary of the Interior pursuant 
to section 28 of the Mineral Leasing Act (30 
U.S.C. 185), or the Outer Continental Shelf 
Lands Act (43 U.S.C. 1301 et seq.). 
(e) RENEWABLE ENERGY FACILITIES.— 
(1) LIMITATION ON GRANTING LEASES, ETC.— 
No lease, easement, or right-of-way for a renewable 
energy facility may be granted for any federally 
owned, submerged, or subterranean land in the New 
Jersey/New York Clean Ocean Zone except in ac-
cordance with this subsection, section 8(p) of the 
Outer Continental Shelf Lands Act (43 U.S.C. 
1337(p)), and section 388 of the Energy Policy Act 
of 2005 (43 U.S.C. 1337 note). 
(2) COMPLIANCE
WITH
APPLICABLE
LAWS.— 
The granting of any lease, easement, or right-of-way 
referred to in paragraph (1) shall comply with all 
applicable laws and regulations and shall not be ex-
empt nor categorically excluded from the require-
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ments of section 102 of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332). Section 102 
of such Act shall be applied to each such lease, ease-
ment, and right-of-way on a project-by-project basis. 
(3) DETERMINATION
REQUIRED.—No lease, 
easement, or right-of-way referred to in paragraph 
(1) may be granted unless— 
(A) the Secretary of the Interior, after 
completion of any review required by paragraph 
(2), determines that such action— 
(i) complies with all environmental 
criteria, conditions, and restrictions estab-
lished by or pursuant to section 8(p) of the 
Outer Continental Shelf Lands Act (43 
U.S.C. 1337(p)) or section 388 of the En-
ergy Policy Act of 2005; and 
(ii) will not unreasonably degrade or 
endanger human health, welfare, or amen-
ities, the marine environment, or ecological 
systems or economic potentialities thereof; 
and 
(B) the Secretary of Commerce, acting 
through the Administrator of the National Oce-
anic and Atmospheric Administration, concurs 
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in writing with the determination of the Sec-
retary of the Interior under subparagraph (A). 
(4) STANDARD OF REVIEW.—For purposes of 
paragraph (3), an action is deemed to unreasonably 
degrade or endanger human health, welfare, or 
amenities, the marine environment, or ecological sys-
tems or economic potentialities thereof, only if the 
action is likely to cause, on an individual or cumu-
lative basis— 
(A) significant adverse impacts to marine 
habitat, ecosystem diversity, productivity, and 
stability of the biological community within the 
area of the renewable energy facility concerned 
and surrounding biological communities; 
(B) a threat to human life, health, or exist-
ing or potential amenities through— 
(i) the creation of a hazard to naviga-
tion, fishing, or recreation; 
(ii) direct exposure to pollutants; or 
(iii) consumption of exposed aquatic 
organisms; or 
(C) significant impairment of recreational, 
scientific, or economic benefits currently or po-
tentially derived from or within the area of the 
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