I 
109TH CONGRESS 
2D SESSION 
H. R. 5872 
To restore, protect, and preserve the natural, chemical, physical and biological 
integrity, and the economic potentialities, of the New York/New Jersey 
Bight through designation and establishment of the New Jersey/New 
York Clean Ocean Zone and the regulation of various activities therein, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 24, 2006 
Mr. SAXTON (for himself, Mr. PALLONE, Mr. PAYNE, Mr. ROTHMAN, Mr. AN-
DREWS, Mr. SMITH of New Jersey, Mr. HOLT, Mr. OWENS, Mr. BISHOP 
of New York, and Mr. LOBIONDO) introduced the following bill; which 
was referred to the Committee on Transportation and Infrastructure, and 
in addition to the Committee on Resources, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To restore, protect, and preserve the natural, chemical, phys-
ical 
and 
biological 
integrity, 
and 
the 
economic 
potentialities, of the New York/New Jersey Bight 
through designation and establishment of the New Jer-
sey/New York Clean Ocean Zone and the regulation of 
various activities therein, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘New Jersey/New York 
Clean Ocean Zone Act of 2006’’. 
SEC. 2. CONGRESSIONAL FINDINGS, POLICY, AND DEC-
LARATION OF PURPOSE. 
(a) FINDINGS.—The Congress finds the following: 
(1) The New York/New Jersey Bight is an es-
sential natural and scenic resource of the United 
States, providing innumerable recreational, commer-
cial, economic and aesthetic benefits and extraor-
dinary ecological, biological, and environmental bene-
fits. 
(2) Various harmful activities within the New 
York/New Jersey Bight, including the dumping of 
contaminated dredged material, the dumping of var-
ious wastes, point source and nonpoint source pollu-
tion, the extraction of nonrenewable natural re-
sources, and the potential development of deepwater 
oil and gas facilities, have caused or may cause seri-
ous adverse impacts to human health, welfare, and 
amenities, or threaten the marine environment, eco-
logical systems, and economic potentialities of the 
New York/New Jersey Bight. 
(3) Ecologically unique areas at risk from deg-
radation caused by pollution, such as the New York/ 
New Jersey Bight, are worthy of special protections 
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to reduce such threats. Pollution-preventing protec-
tions have been established for and awarded to the 
Great Lakes and the Everglades, for example. 
(b) PURPOSE.— 
(1) IN GENERAL.—The purpose of this Act is to 
restore, protect and preserve, the natural, chemical, 
physical, and biological integrity, and the economic 
potentialities, of the New York/New Jersey Bight. 
(2) LIMITATION.—This Act is not intended— 
(A) to authorize or require any fisheries 
management actions within the New Jersey/ 
New York Clean Ocean Zone, including fish-
eries management allocation and techniques or 
any similar fisheries management related activ-
ity; or 
(B) to prohibit or limit beach replenish-
ment activities, flood control activities, erosion 
control activities, or habitat restoration projects 
on or along the shoreline adjoining the New 
Jersey/New York Clean Ocean Zone. 
SEC. 3. DESIGNATION OF NEW JERSEY/NEW YORK CLEAN 
OCEAN ZONE. 
(a) DESIGNATION.—The New York/New Jersey 
Bight shall be known and designated as the ‘‘New Jersey/ 
New York Clean Ocean Zone’’. 
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(b) REFERENCES.—Any reference in a law, map, reg-
ulation, document, paper, or other record of the United 
States to the area referred to in subsection (a) shall be 
deemed to be a reference to the ‘‘New Jersey/New York 
Clean Ocean Zone’’. 
SEC. 4. REGULATION OF THE NEW JERSEY/NEW YORK 
CLEAN OCEAN ZONE. 
(a) OCEAN DUMPSITES.— 
(1) PROHIBITION OF DESIGNATION OR ESTAB-
LISHMENT OF NEW SITES.—Neither the Adminis-
trator, the Secretary, nor any State may issue a per-
mit for ocean dumping, nor designate or establish 
any new disposal site, within the New Jersey/New 
York Clean Ocean Zone, including pursuant to sec-
tion 102, 103, 104A, or 104B of the Marine Protec-
tion, Research, and Sanctuaries Act of 1972 (33 
U.S.C. 1412, 1413, 1414a, 1414b) or section 4 of 
Public Law 95–153 (33 U.S.C. 1412a). 
(2) TERMINATION
OF
EXISTING
DESIGNA-
TIONS.—Except as provided by paragraph (3), all 
existing designations of disposal sites within the 
New Jersey/New York Clean Ocean Zone are hereby 
terminated, and such sites shall not be used as dis-
posal sites. 
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(3) USE
OF
HARS.—Notwithstanding para-
graphs (1) and (2), and consistent with the terms, 
conditions, and limitations of section 228.15(d)(6) of 
title 40, Code of Federal Regulations, dredged mate-
rial may be placed in the Primary Remediation Area 
of the HARS for the purposes of ecological remedi-
ation and protection of sensitive species at sensitive 
life stages, if the Administrator determines, fol-
lowing testing and analytical measures established 
by regulation for materials proposed for ocean 
dumping, that the dredged material qualifies as ma-
terial for remediation. 
(b) REGULATION OF POINT SOURCES.— 
(1) PROHIBITION ON DISCHARGES FROM NEW 
POINT SOURCES.—The discharge of a pollutant into 
the New Jersey/New York Clean Ocean Zone from 
a point source constructed or put into use after the 
date of enactment of this Act is prohibited under 
section 301 of the Federal Water Pollution Control 
Act (33 U.S.C. 1311). Neither the Administrator, 
nor any State, may issue a permit, pursuant to sec-
tion 402 of the Federal Water Pollution Control Act 
(33 U.S.C. 1342) or comparable State law, for the 
discharge of a pollutant into the New Jersey/New 
York Clean Ocean Zone from a point source con-
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