I
104TH CONGRESS
2D SESSION
H. R. 3170
To dispose of contaminated dredged sediments in a more environmentally
responsible manner, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 27, 1996
Mr. FRANKS of New Jersey (for himself, Mr. PALLONE, Mr. FRELINGHUYSEN,
and Mr. ZIMMER) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committee on Ways and Means, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To dispose of contaminated dredged sediments in a more
environmentally responsible manner, and for other purposes.
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 ‘‘Port Revitalization Act
of 1996’’.
SEC. 2. COST SHARING FOR LAND-BASED AND CONFINED
DREDGED MATERIAL DISPOSAL FACILITIES.
(a) TREATMENT
AS GENERAL NAVIGATION FEA-
TURE.—Notwithstanding any other provision of law, the
cost of providing, after the date of enactment of this Act,
land-based and confined aquatic dredged material disposal
facilities associated with the construction, operation, and
maintenance of any Federal navigation project for any
harbor or other federally maintained waterway, including
the cost of diking and applying dredged material to bene-
ficial use, and other improvements necessary for the prop-
er disposal of dredged material at such facilities shall be
considered a general navigation feature of the project and
shall be subject to cost sharing as a general navigation
feature in accordance with section 101(a) of the Water
Resources Development Act of 1986 (33 U.S.C. 2211(a);
100 Stat. 4082–4083).
(b) COST SHARING FOR OPERATION AND MAINTE-
NANCE.—The Federal share of the cost of operation and
maintenance of each disposal facility to which subsection
(a) applies shall be determined in accordance with section
101(b) of the Water Resources Development Act of 1986
(33 U.S.C. 2211(b); 100 Stat. 4083).
(c) ELIGIBLE
OPERATION
AND
MAINTENANCE
COSTS.—For the purposes of section 210 of the Water
Resources Development Act of 1986 (33 U.S.C. 2238; 100
Stat. 4106), eligible operation and maintenance costs shall
include—
(1) the Federal share of the costs of construct-
ing dredged material disposal facilities associated
with the operation and maintenance of all Federal
navigation projects for harbors and other federally
maintained waterways;
(2) the Federal share of the cost of operating
and maintaining dredged material disposal facilities
associated with the construction, operation, and
maintenance of all such navigation projects;
(3) the Federal share of the costs of environ-
mental dredging and disposal facilities for contami-
nated sediments which are in or which affect the
maintenance of such Federal navigation channels
and the mitigation of environmental impacts result-
ing from Federal dredging activities; and
(4) the Federal share for the dredging, manage-
ment and disposal of contaminated sediments, or
other environmental remediation in critical port and
harbor areas in order to facilitate commercial navi-
gation, as determined by the Secretary.
In selecting and carrying out projects made eligible for
assistance by paragraph (4), the Secretary of the Army
shall give preference to projects in a port area to the ex-
tent that annual payments of the harbor maintenance tax
imposed by section 9505 of the Internal Revenue Code of
1986 exceed Federal expenditures made from the Harbor
Maintenance Trust Fund for projects carried out in such
port area.
(d) LIMITATIONS ON USE OF FUNDS.—No funds
comprising the Federal share of costs of construction of
a dredged material disposal facility for operation and
maintenance of Federal navigation projects for harbors
and other federally maintained waterways shall be ex-
pended for such construction until the Secretary of the
Army determines that such funds are not otherwise re-
quired to cover other eligible operation and maintenance
costs assigned to commercial navigation. The Secretary
shall assure that funds expended for construction of such
facilities are equitably apportioned in accordance with
identified regional needs.
(e) APPLICABILITY.—This section shall apply to the
construction of dredged material disposal facilities for
which a contract for construction or construction of usable
increment thereof, or the construction of the associated
navigation project or usable increment thereof, has not
been awarded on or before the date of the enactment of
this Act. With the consent of the non-Federal interest, the
Secretary of the Army shall amend project cooperative
agreements in effect on the date of the enactment of this
Act to provide for the Federal share of project costs of
dredged material disposal facilities as provided in this sec-
tion.
(f) NO INCREASE IN NON-FEDERAL SHARE.—Noth-
ing in this section shall be construed as increasing, or re-
sulting in the increase of, the non-Federal share of the
costs of any dredged material disposal facility authorized
to be provided before the date of the enactment of this
Act.
SEC. 3. FEDERAL PARTICIPATION.
(a) ADDITIONAL CAPACITY.—At the request of a non-
Federal project sponsor, the Secretary of the Army may
provide additional capacity at a dredged material disposal
facility constructed by the Department of the Army be-
yond that which would be required for project purposes
if the non-Federal project sponsor agrees to pay, during
the period of construction, all costs associated with the
construction of the additional capacity. The non-Federal
project sponsor may recover the costs assigned to the addi-
tional capacity through fees assessed on 3rd parties whose
dredged sediments are deposited in the facility and who
enter into agreements with the non-Federal sponsor for
the use of such facility. The amount of such fees may be
determined by the non-Federal sponsor.
(b) USE OF DISPOSAL FACILITIES.—
(1) IN
GENERAL.—The Secretary of the
Army—
(A) may permit the use of any dredged
material disposal facility under the jurisdiction
of, or managed by, the Department of the Army
by a non-Federal interest if the Secretary deter-
mines that such use will not compromise the
availability of the facility for project purposes;
and
(B) may impose fees to recover capital, op-
eration, and maintenance costs associated with
such use.
(2) USE
OF
FEES.—Notwithstanding section
401(c) of the Federal Water Pollution Control Act,
any monies received through collection of fees under
this subsection shall be available to the Secretary,
and shall be used by the Secretary, for the operation
and maintenance of the disposal facility from which
they were collected.
(c) FEDERAL PARTICIPATION IN NON-FEDERAL DIS-
POSAL FACILITIES.—The Secretary of the Army is author-
ized to participate in the construction and use of dredged
material disposal facilities developed by non-Federal inter-
ests if such facilities are necessary to the construction or
SEC. 4. LOWER HARBOR MAINTENANCE TAX.
(a) AMOUNT OF TAX.—Effective January 1, 1997,
section 4461(b) of the Internal Revenue Code of 1986 is
amended to read as follows:
‘‘(b) AMOUNT OF TAX.—The amount of the tax im-
posed by subsection (a) on any port use shall be an
amount equal to 0.085 percent of the value of the commer-
cial cargo involved.’’.
(b) ASSESSMENT OF TAX.—For each calendar year
beginning after the date of the enactment of this Act, the
Secretary of the Army, in consultation with the Secretary
of the Treasury, shall conduct an assessment of the Har-
bor Maintenance Trust Fund established by section 9505
of the Internal Revenue Code of 1986 to determine the
advisability of a reduction or an increase in the tax on
port use imposed by section 4461 of such Code with the
objective of ensuring the maintenance of a balance in the
Trust Fund at a sufficient level to pay the eligible oper-
ation and maintenance costs as provided for in section
210(a) of the Water Resources Development Act of 1986
and this Act.
(c) REPORT; PROCESS FOR CHANGING AMOUNT OF
TAX.—Not later than December 31, 1997, and December
31 of each calendar year thereafter, the Secretary of the
Army shall report to Congress on the determination made
under subsection (b).
SEC. 5. SEDIMENTS DECONTAMINATION TECHNOLOGY.
(a) PROJECT
PURPOSE.—Section 405(a) of the
Water Resource Development Act of 1992 (33 U.S.C.
2239 note; 106 Stat. 4863) is amended by adding at the
end the following:
‘‘(3) PROJECT PURPOSE.—The purpose of the
project to be carried out under this section is to pro-
vide for the development of 1 or more sediment de-
contamination technologies on a pilot scale dem-
onstrating a capacity of at least 500,000 cubic yards
per year.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—The first
sentence of section 405(c) of such Act is amended by in-
serting before the period at the end the following: ‘‘and
ending before October 1, 1996, and $10,000,000 for fiscal
years beginning after September 30, 1996’’.
(c) REPORTS.—Section 405 of such Act is amended
by adding at the end the following:
‘‘(d) REPORTS.—Not later than September 30, 1998,
and September 30 of each calendar year thereafter, the
Administrator and the Secretary shall transmit to Con-
gress a report on the results of the project to be carried
out under this section, including an assessment of the
progress made in achieving the purpose of the project set
forth in subsection (a)(3).’’.
SEC. 6. AUTHORIZATION OF DREDGE MATERIAL CONTAIN-
MENT FACILITY FOR PORT OF NEW YORK/
NEW JERSEY.
(a) IN GENERAL.—The Secretary of the Army is au-
thorized to construct, operate, and maintain a dredged
material containment facility with a capacity commensu-
rate with the long-term dredged material disposal needs
of port facilities under the jurisdiction of the Port of New
York/New Jersey substantially in accordance with a final
report of the Chief of Engineers. The costs associated with
feasibility studies, design, engineering, and construction
shall be shared with the local sponsor in accordance with
the provisions of section 2 of this Act.
(b) ELIGIBILITY.—Notwithstanding the provisions of
the Marine Protection, Research, and Sanctuaries Act of
1972, dredged material from the Port of New York/New
Jersey that is not acceptable for ocean disposal may be
disposed of in the facility to be constructed under this sec-
tion.
(c) BENEFICIAL USE.—After the facility to be con-
structed under subsection (a) has been filled to capacity
with dredged material, the Secretary shall maintain the
facility for the public benefit.
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