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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Long Island Sound 
Protection Act’’. 
SEC. 2. PROHIBITION ON DUMPING OF DREDGED MATE-
RIAL. 
Section 106 of the Marine Protection, Research, and 
Sanctuaries Act of 1972 (33 U.S.C. 1416) is amended by 
striking subsection (f) and inserting the following:
‘‘(f) PROHIBITION ON DUMPING OF DREDGED MATE-
RIAL.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) COVERED
BODY
OF
WATER.—The 
term ‘covered body of water’ means— 
‘‘(i) Long Island Sound; 
‘‘(ii) Fisher’s Island Sound; 
‘‘(iii) Block Island Sound; 
‘‘(iv) Peconic Bay; and 
‘‘(v) any harbor or tributary of a body 
of water described in any of clauses (i) 
through (iv). 
‘‘(B) COVERED PROJECT.—The term ‘cov-
ered project’ means— 
‘‘(i) any Federal dredging project (or 
any project conducted for a Federal agency 
pursuant to Federal authorization); 
‘‘(ii) a dredging project carried out by 
a non-Federal entity that results in the 
production of more than 25,000 cubic 
yards of dredged material; and 
‘‘(iii) any of 2 or more dredging 
projects carried out by 1 or more non-Fed-
eral entities in a covered body of water, si-
multaneously or sequentially within a 180-
day period, that result, in the aggregate, in 
the production of more than 25,000 cubic 
yards of dredged material. 
‘‘(C) PLAN.—The term ‘plan’ means the 
dredged material management plan required 
under paragraph (5). 
‘‘(2) PROHIBITION.—No dredged material from 
any covered project shall be dumped, or transported 
for the purpose of dumping, into any covered body 
of water unless and until the dredged material is de-
termined by the Administrator— 
‘‘(A) to have, or to cause (including 
through bioaccumulation), concentrations of 
chemical constituents that are not greater than 
those concentrations present in the water col-
umn, sediments, and biota of areas proximate 
to, but unaffected by, the proposed disposal 
site; and 
‘‘(B) to meet all requirements under this 
title (including the trace contaminant provision 
under section 227.6 of title 40, Code of Federal 
Regulations (or a successor regulation), and re-
quirements under other regulations promul-
gated under section 108).
‘‘(3) DESIGNATION OF SITES.—No dredged ma-
terial shall be dumped, or transported for the pur-
pose of dumping, into any covered body of water ex-
cept— 
‘‘(A) at a site designated by the Adminis-
trator in accordance with section 102(c); and 
‘‘(B) upon a determination by the Admin-
istrator, following approval of the plan required 
under paragraph (5)(F), that no feasible alter-
native to ocean disposal, including sediment re-
mediation, beneficial reuse, and land-based al-
ternatives, is available prior to the time of des-
ignation. 
‘‘(4) RELATIONSHIP TO OTHER LAW.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), this title applies to each cov-
ered body of water. 
‘‘(B) EXCEPTION.—No waiver under sec-
tion 103(d) shall be available for the dumping 
of dredged material in any covered body of 
water. 
‘‘(5) 
DREDGED
MATERIAL
MANAGEMENT 
PLAN.— 
‘‘(A) IN GENERAL.—Before designation of 
any dredged material disposal site in a covered
body of water, the Secretary and the Adminis-
trator, in consultation with the United States 
Fish and Wildlife Service, the National Marine 
Fisheries Service, the Coast Guard, and the 
States of Connecticut and New York, shall— 
‘‘(i) develop a dredged material man-
agement plan for the management of all 
dredged sediment in the covered bodies of 
water; and 
‘‘(ii) submit the plan to Congress and 
the Governors of the States of Connecticut 
and New York. 
‘‘(B) OBJECTIVES.—The objectives of the 
plan shall be— 
‘‘(i) to identify sources, quantities, 
and the extent of contamination of dredged 
material that requires disposal; 
‘‘(ii) to determine management ac-
tions that are to be taken to reduce sedi-
ment and contaminant loading of dredged 
areas; 
‘‘(iii) to thoroughly assess alternative 
locations, treatment technologies, and ben-
eficial uses for dredged material;
‘‘(iv) to ensure that dumping is the 
disposal option of last resort for dredged 
material and is used only after all other 
options have been exhausted; 
‘‘(v) to secure— 
‘‘(I) alternative methods of dis-
posal of dredged materials, including 
decontamination technologies; and 
‘‘(II) alternative uses of mate-
rials, including upland disposal, con-
tainment, beach nourishment, marsh 
restoration, habitat construction, and 
other beneficial reuses; and 
‘‘(vi) to confirm the specific roles of 
Federal, State, and local agencies with re-
spect to various aspects of dredged mate-
rial management. 
‘‘(C) REQUIREMENTS.—The plan shall in-
clude environmental, economic, and other anal-
ysis required to meet the objectives listed in 
subparagraph (B), including— 
‘‘(i) an analysis of strategies to reduce 
sediment loading of harbors and navigation 
areas;
‘‘(ii) an analysis of sources of sedi-
ment 
contamination, 
including 
rec-
ommendations for management measures 
to limit or reduce those contamination 
sources; 
‘‘(iii) an analysis of options for reduc-
ing dredging needs through modification of 
navigation strategies; 
‘‘(iv) an analysis of decontamination 
technologies, including subsequent alter-
native uses of decontaminated materials 
(such as upland disposal, containment, 
beach nourishment, marsh restoration, and 
habitat construction); and 
‘‘(v) a program for use of alternative 
methods of disposal and use of dredged 
material, including alternatives to dumping 
or dispersal in a covered body of water. 
‘‘(D) PUBLIC INPUT.—The Secretary and 
the Administrator shall— 
‘‘(i) during the development of the 
plan, hold in the States of Connecticut and 
New York a series of public hearings on 
the plan; and
‘‘(ii) append to the plan a summary of 
the public comments received. 
‘‘(E) SUPPORT.—Each of the Federal 
agencies referred to in subparagraph (A) shall 
provide such staff support and other resources 
as are necessary to carry out this paragraph. 
‘‘(F) APPROVAL
BY
CONNECTICUT
AND 
NEW YORK.— 
‘‘(i) IN GENERAL.—Not later than 60 
days after the date of receipt of the plan, 
the Governors of the States of Connecticut 
and New York shall notify the Secretary 
and the Administrator of whether the 
States approve or disapprove the plan. 
‘‘(ii) DUMPING
OF
DREDGED
MATE-
RIAL.—No dredged material from a cov-
ered project may be dumped, or trans-
ported for the purpose of dumping, in any 
covered body of water unless the dredged 
material— 
‘‘(I) conforms to a plan that has 
been approved by the Governors of the 
States of Connecticut and New York; 
and