renewable energy facility and surrounding wa-
ters. 
(f) UNDERWATER RESEARCH AND EXPLORATION.— 
(1) IN GENERAL.—Nothing in this Act restricts 
or otherwise limits underwater research or explo-
ration of the aquatic environment within the New 
Jersey/New York Clean Ocean Zone, if such re-
search or exploration— 
(A) will not adversely affect, or will be per-
formed for the sole purpose of furthering, the 
restoration, protection and preservation of, the 
natural, chemical, physical and biological integ-
rity of the New Jersey/New York Clean Ocean 
Zone; and 
(B) is conducted in accordance with all 
other applicable laws and regulations. 
(2) PROHIBITION.—The conduct of any under-
water research or exploration of the aquatic environ-
ment within the New Jersey/New York Clean Ocean 
Zone that does not comply with paragraph (1) is 
prohibited. 
SEC. 5. SUPPORT FOR MARINE ACTIVITIES. 
(a) MARINE ACTIVITIES.— 
(1) ACTIVITIES NOT LIMITED.—Nothing in this 
Act shall be considered to restrict or otherwise limit 
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the conduct of any of the maritime activities de-
scribed in paragraph (2) in the New Jersey/New 
York Clean Ocean Zone, to the extent that such ac-
tivity does not violate any other applicable law or 
regulation. 
(2) 
MARINE
ACTIVITIES
DESCRIBED.—The 
maritime activities referred to in paragraph (1) are 
the following: 
(A) Boating. 
(B) Underwater diving. 
(C) Surfing, swimming, and other similar 
recreational activities. 
(D) Recreational fishing and commercial 
fishing. 
(E) The creation of artificial reefs. 
(b) FISHERIES MANAGEMENT ACTIONS NOT AU-
THORIZED.—This Act shall not be used to adopt or enact 
fisheries management actions within the New Jersey/New 
York Clean Ocean Zone, including fisheries management 
allocation and techniques or any similar fisheries manage-
ment related activity. 
SEC. 6. ENFORCEMENT. 
This Act may be enforced under sections 105 and 107 
of the Marine Protection, Research, and Sanctuaries Act 
of 1972 (33 U.S.C. 1415 and 1417), except that section 
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4(b) of this Act may be enforced under sections 309 and 
505 of the Federal Water Pollution Control Act (33 
U.S.C. 1319 and 1365). 
SEC. 7. DEFINITIONS. 
Except as otherwise specifically provided, in this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) ARTIFICIAL
REEF.—The term ‘‘artificial 
reef’’ means a federally or State approved structure 
that is constructed or placed in the waters of the 
New York/New Jersey Bight for the purpose of en-
hancing one or more of benthic relief, fishery re-
sources, commercial diving, recreational diving, surf-
ing, commercial fishing opportunities, and rec-
reational fishing opportunities. 
(3) CONTINENTAL SHELF.—The term ‘‘Conti-
nental Shelf’’ means the seabed and subsoil of the 
submarine areas adjacent to the coast of the United 
States, and all submerged lands lying seaward and 
outside of the area of lands beneath navigable wa-
ters (as that term is defined in section 2 of the Sub-
merged Lands Act (43 U.S.C. 1301)), extending to 
a depth of 1000 fathoms. 
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(4) DISCHARGE OF A POLLUTANT.—The term 
‘‘discharge of a pollutant’’ means any addition of 
any pollutant to the waters of the New York/New 
Jersey Bight from any point source. 
(5) DISPOSAL SITE.—The term ‘‘disposal site’’ 
means a precise geographical area designated under 
Federal law for the dumping of any material into 
the waters of the New York/New Jersey Bight, in-
cluding, but not limited to, any site at which dump-
ing is authorized under a permit issued under sec-
tion 102 or 103 of the Marine Protection, Research, 
and Sanctuaries Act of 1972 (33 U.S.C. 1412, 
1413). 
(6) DREDGED MATERIAL.—The term ‘‘dredged 
material’’ means any material excavated or dredged 
from the navigable waters of the United States. 
(7) DUMPING.—The term ‘‘dumping’’ has the 
meaning that term has under section 3(f) of the Ma-
rine Protection, Research, and Sanctuaries Act of 
1972 (33 U.S.C. 1402(f)). 
(8) EFFLUENT LIMITATION.—The term ‘‘efflu-
ent limitation’’ has the meaning that term has in 
section 502(11) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1362(11)). 
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(9) HARS.—The term ‘‘HARS’’ means the 
dredged material disposal site located within the 
New York/New Jersey Bight and bounded by the co-
ordinates set forth in section 228.15(d)(6) of title 
40, Code of Federal Regulations (in effect as of July 
1, 1999), also known as the Historic Area Remedi-
ation Site. 
(10) MATERIAL.—The term ‘‘material’’ has the 
meaning that term has in section 3(c) of the Marine 
Protection, Research, and Sanctuaries Act of 1972 
(33 U.S.C. 1402(c)). 
(11) MATERIAL FOR REMEDIATION.— 
(A) IN GENERAL.—The term ‘‘material for 
remediation’’ means dredged material that, 
through testing and analysis, is determined by 
the Administrator to— 
(i) contain, or to cause through bio-
accumulation, chemical concentrations of 
any Contaminant of Concern that are less 
than those concentrations present in, or 
caused through bioaccumulation by, the 
surficial sediment collected at a depth of 
no more than 6 inches from the proposed 
placement site within the HARS; 
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(ii) 
have 
fewer 
screening 
level 
exceedances for Contaminants of Concern 
than the surficial sediment collected at a 
depth of no more than 6 inches from the 
proposed placement site within the HARS, 
except material for remediation shall have 
no Screening Level exceedances if such 
surface sediment have no such exceedance; 
and 
(iii) otherwise complies with applicable 
Federal and State laws and regulations es-
tablished for materials proposed for ocean 
dumping, including, without limitation, 
section 227.6 of title 40, Code of Federal 
Regulations. 
(B) CONTAMINANT
OF
CONCERN
DE-
FINED.—In this paragraph, the term ‘‘Contami-
nant of Concern’’ means— 
(i) any of the pollutants specified in 
the chart in subparagraph (C) and having 
the corresponding Screening Level value 
(in parts per billion dry weight); and 
(ii) any additional pollutant des-
ignated under subparagraph (D). 
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(C) CHART.—The chart referred to in sub-
paragraph (B) is as follows: 
Pollutant 
Screening 
level 
Cadmium ....................................................................................
1,200.0000 
Chlordane ...................................................................................
0.5000 
Dieldrin .......................................................................................
0.0200 
2,3,7,8 TCDD (Dioxin) ..............................................................
0.0036 
Total DDTs ................................................................................
1.5800 
Lead ............................................................................................
46,700.0000 
Mercury ......................................................................................
150.0000 
Total Polychlorinated Biphenyls (PCBs) ...................................
22.7000 
Total Polynuclear Aromatic Hydrocarbons (PAHs) ..................
4,022.0000 
(D) ADDITIONAL POLLUTANTS.—The Ad-
ministrator shall designate additional pollutants 
and corresponding Screening Level values for 
purposes of this paragraph as is necessary to 
achieve the purpose and intent of section 
4(a)(3). 
(12) NAVIGATION CHANNEL.—The term ‘‘navi-
gation channel’’ means a channel that is federally or 
State designated and open to permit free and unob-
structed navigation by all types of vessels and tows 
normally using such waterways. 
(13) NEW
YORK/NEW
JERSEY
BIGHT.—The 
term ‘‘New York/New Jersey Bight’’ means the geo-
graphic area within the Atlantic Ocean generally 
known by that name and located within the bound-
aries described more particularly as follows: Begin-
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(A) northerly along the mean high water 
mark of the coast of New Jersey to the north-
ern tip of Sandy Hook, New Jersey, then 
(B) northeasterly along the transect of the 
northern tip of Sandy Hook and the western tip 
of Long Island, New York, then 
(C) easterly along the mean high water 
mark of the south shore of Long Island to the 
eastern tip of Long Island, New York, then 
(D) southerly to the eastern bank of Block 
Canyon to the 1,000 fathom line of the Conti-
nental Shelf, then 
(E) southwesterly along the 1,000 fathom 
line to the western bank of Baltimore Canyon, 
and then 
(F) northwesterly to the point of beginning 
at the southern tip of Cape May, New Jersey. 
(14) NONRENEWABLE
ENERGY.—The term 
‘‘nonrenewable energy’’ means any form of energy 
that is produced from a nonrenewable natural re-
source, including oil, natural gas, liquid or gaseous 
fuels, sand, or rock, any product produced there-
from, or any synthetic version thereof. 
(15) NONRENEWABLE ENERGY FACILITY.—The 
term ‘‘nonrenewable energy facility’’ means any 
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equipment, pipeline, or facility, other than an elec-
trical transmission cable, a communication cable, or 
a vessel in transit, that is or will be used pri-
marily— 
(A) in the development, production, conver-
sion, storage, transfer, processing, or transpor-
tation of any non-renewable natural resource; 
or 
(B) for the manufacture, production, or as-
sembly of any equipment, machinery, product, 
or device that is involved in any activity de-
scribed in subparagraph (A). 
(16) NONRENEWABLE NATURAL RESOURCE.— 
The term ‘‘nonrenewable natural resource’’— 
(A) except as provided in subparagraph 
(B), means any naturally occurring, inanimate 
object, mineral, or nonliving resource that can-
not be replenished by natural means at the 
same rate that it is consumed; and 
(B) does not include any manmade object. 
(17) PERMANENT
EXTRACTION.—The term 
‘‘permanent extraction’’ means the permanent re-
moval of any nonrenewable natural resource from 
the marine environment, including the water column, 
the seabed, or subsoil. 
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(18) PIPELINE.—The term ‘‘pipeline’’— 
(A) except as provided in subparagraph 
(B), means any pipe or conveyance constructed 
or used primarily for the transport of non-
renewable energy; and 
(B) does not include an electrical trans-
mission cable or communications cable. 
(19) POLLUTANT.—The term ‘‘pollutant’’— 
(A) except as provided in subparagraph 
(B), has the meaning that term has in section 
502(6) of the Federal Water Pollution Control 
Act (33 U.S.C. 1362(6)); and 
(B) does not include any material approved 
under Federal law or a stricter State standard 
for use in the construction or maintenance of a 
permitted artificial reef. 
(20) POINT SOURCE.—The term ‘‘point source’’ 
has the meaning that term has in section 502(14) 
of the Federal Water Pollution Control Act (33 
U.S.C. 1362(14)). 
(21) RENEWABLE
ENERGY
RESOURCE.—The 
term ‘‘renewable energy resource’’— 
(A) means a source of energy that is re-
generative and is produced without depleting or 
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otherwise diminishing the resource from which 
such energy is derived; and 
(B) includes solar, thermal, photochemical, 
photoelectric, photosynthetic, hydropower, geo-
thermal, tidal, and wind energy sources. 
(22) RENEWABLE
ENERGY
FACILITY.—The 
term ‘‘renewable energy facility’’ means any equip-
ment or facility, other than a vessel in transit, that 
is or will be used primarily— 
(A) in the development, production, conver-
sion, storage, transfer, processing, or transpor-
tation of any renewable energy resource; or 
(B) for the manufacture, production, or as-
sembly of equipment, machinery, products, or 
devices, which are involved in any activity de-
scribed in subparagraph (A). 
(23) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Army. 
(24) VESSEL IN TRANSIT.—The term ‘‘vessel in 
transit’’— 
(A) means a vessel that has departed for, 
but has not yet arrived at, its next point of des-
tination; and 
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(B) includes any vessel described in sub-
paragraph (A) that is temporarily anchored 
pending such arrival. 
Æ 
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