[House Report 106-595]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-595
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LONG ISLAND SOUND PRESERVATION AND PROTECTION ACT
_______
May 2, 2000.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 855]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 855) to amend the Marine
Protection, Research, and Sanctuaries Act of 1972 relating to
the dumping of dredged material in Long Island Sound, and for
other purposes, having considered the same, reports favorably
thereon with an amendment and recommends that the bill as
amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Long Island Sound Preservation and
Protection Act''.
SEC. 2. DUMPING OF DREDGED MATERIALS IN LONG ISLAND SOUND.
Section 106(f) of the Marine Protection, Research, and Sanctuaries
Act of 1972 (33 U.S.C. 1416(f)) is amended to read as follows:
``(f) Dumping of Dredged Material in Long Island Sound.--In addition
to other provisions of law, the transportation of dredged material
from--
``(1) a dredging project exceeding 25,000 cubic yards by a
non-Federal applicant;
``(2) any dredging project by a Federal applicant; or
``(3) any Federal project,
for the purpose of dumping it into the waters of Long Island Sound
(including Fisher's Island Sound) must satisfy all applicable
provisions of this title as if the waters of Long Island Sound, which
are internal waters of the United States, were ocean waters under this
title.''.
Purpose and Summary
The purpose of H.R. 855, the ``Long Island Sound
Preservation and Protection Act,'' is to amend title I of the
Marine Protection, Research, and Sanctuaries Act (commonly
referred to as the Ocean Dumping Act) to clarify environmental
criteria governing the disposal of dredged material in Long
Island Sound, including Fisher's Island Sound.
Background and Need for Legislation
The disposal of dredged material in ocean waters is
regulated under the Marine Protection, Research, and
Sanctuaries Act (MPRSA). Disposal of dredged materials in other
waters of the United States is governed by Section 404 of the
Clean Water Act. The Long Island Sound is not included in the
statutory definition of ocean waters. However, in 1980, former
Representative Ambro (NY) authored an amendment to the MPRSA
(Section 106(f)) to require that the disposal of dredged
material into the Long Island Sound from any federal project,
or from any non-federal project exceeding 25,000 cubic yards,
comply with the environmental criteria for ocean dumping under
the MPRSA, in addition to the requirements of Section 404 of
the Clean Water Act. Congress made additional revisions to
Section 106(f) in 1990.
Some have expressed the concern that EPA and the Corps of
Engineers have not always complied with the Ambro amendment's
intent and requirements for the disposal of dredged materials
in the Long Island Sound. H.R. 855 responds to this concern by
amending section 106(f) of the MPRSA to clarify its original
purpose.
Discussion of Committee Bill and Section-by-Section Analysis
Section 1. Short title
Provides that the Act may be cited as the ``Long Island
Sound Preservation and Protection Act.''
Section 2. Dumping of dredged materials in Long Island Sound
Amends section 106(f) of the MPRSA to require that the
disposal of dredged material from federal projects, including
dredging projects by federal applicants, and any nonfederal
project exceeding 25,000 cubic yards into the waters of Long
Island Sound (including Fisher's Island Sound) comply with the
requirements of the Ocean Dumping Act, even though those waters
are internal waters of the United States. Disposal of such
dredged material also remains subject to regulation under
section 404 of the Clean Water Act, which applies to internal
waters of the United States.
The purpose of this amendment is to require that the
transportation of dredged material for the purpose of dumping
it into Long Island Sound (including Fisher's Island Sound)
from the listed categories of projects receive a permit (or
``authorization'' for Federal projects) under section 103 of
the MPRSA, in addition to the permit (or authorization)
required under section 404 of the Clean Water Act. Permits or
authorizations issued for such categories of projects must
satisfy all provisions of section 103 and all applicable
regulations promulgated under title I of the MPRSA. As required
by MPRSA section 103, all sites for disposal must either be
designated by the Administrator of EPA in accordance with
section 102 of the MPRSA, or selected by the Secretary of the
Army in accordance with section 103. Sites in Long Island Sound
that have been used in the past for dredged material disposal
may continue to be used in the future, but only if they are
either designated by EPA, or selected by the Corps of
Engineers, prior to such use.
The waters of Block Island Sound are ocean waters and
already subject to the provisions of the MPRSA. This amendment
clarifies that Fisher's Island Sound, as part of Long Island
Sound, is subject to section 106(f).
The Committee takes note of the Letter of Agreement of
April 1998 between EPA and the Corps of Engineers, and
considers that implementation of that Letter of Agreement would
fully comply with the requirements imposed under this
amendment.
Hearings
On July 13, 1999, the Subcommittee on Water Resources and
Environment held a hearing on ``Estuaries and Coastal Water
Quality Legislation,'' and received testimony on H.R. 855, as
well as other coastal and estuary bills. The hearing included
testimony from Members of Congress, including Representative
Forbes (NY), Representative Shays (CT), Representative DeLauro
(CT), Representative Ackerman (NY), and Representative Johnson
(CT). Testimony was also heard from the U.S. Army Corps of
Engineers, the EPA, the National Oceanic and Atmospheric
Administration, as well as representatives of coastal states
and several environmental organizations.
Committee Consideration
On April 5, 2000, the Water Resources and Environment
Subcommittee reported H.R. 855, by unanimous voice vote,
favorably to the Full Committee. The Subcommittee adopted an
amendment to (a) restate and clarify the current requirements
and environmental criteria for the disposal of dredged
materials in Long Island Sound and (b) clarify that Fisher's
Island Sound is part of Long Island Sound.
On April 11, 2000, the Full Committee met in open session
and ordered the bill reported to the House by unanimous voice
vote.
Rollcall Votes
Clause 3(b) of Rule XIII of the House of Representatives
requires each committee report to include the total number of
votes cast for and against on each roll call vote on a motion
to report and on any amendment offered to the measure or
matter, and the namesof those members voting for and against.
There were no recorded votes taken in connection with ordering H.R. 855
reported.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
Cost of Legislation
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Compliance with House Rule XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
308(a) of the Congressional Budget Act of 1974, the Committee
references the report of the Congressional Budget Office
included below.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
Committee has received no report of oversight findings and
recommendations from the Committee on Government Reform and
Oversight on the subject of H.R. 855.
3. With respect to the requirement of clause 3(c)(3) of
rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget Act of 1974, the
Committee has received the following cost estimate for H.R. 855
from the Director of the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 2, 2000.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 855, the Long
Island Sound Preservation and Protection Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Susanne S.
Mehlman and Megan Carroll.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
congressional budget office cost estimate
H.R. 855--Long Island Sound Perservation and Protection Act
H.R. 855 would amend currently law to clarify that the
requirements of the Marine Protection, Research, and
Sanctuaries Act of 1972 (MPRSA) apply to certain activities in
Fisher's Island Sound. Under that act, the Environmental
Protection Agency (EPA) and the U.S. Army Corps of Engineers
regulate the disposal of dredged material in ocean waters,
including Long Island Sound. Those agencies already consider
Fisher's Island Sound to be part of Long Island Sound. Hence,
we expect that enacting H.R. 855 would not affect the federal
budget.
Because the bill would not affect direct spending or
receipts, pay-as-you-go procedures would not apply. H.R. 855
contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act and would impose no
costs on state, local, or tribal governments.
The CBO staff contracts for this estimate are Susanne S.
Mehlman and Megan Carroll. This estimate was approved by Robert
A. Sunshine, Assistant Director for Budget Analysis.
Constitutional Authority Statement
Pursuant to clause (3)(d)(1) of Rule XIII of the Rules of
the House of Representatives, committee reports on a bill or
joint resolution of a public character shall include a
statement citing the specific powers granted to the Congress in
the Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
Federal Mandates Statement
The Committee adopts as its own the estimate of federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act. (Public Law 104-4.)
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act. (Public Law
104-1.)
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
SECTION 106 OF THE MARINE PROTECTION, RESEARCH, AND SANCTUARIES ACT OF
1972
relationship to other laws
Sec. 106. (a) * * *
* * * * * * *
[(f) In addition to other provisions of law and not
withstanding the specific exclusion relating to dredged
material in the first sentence in section 102(a) of this Act,
the dumping of dredged material in Long Island Sound from any
Federal project (or pursuant to Federal authorization) or from
a dredging project by a non-Federal applicant exceeding 25,000
cubic yards shall comply with the requirements of this title.]
(f) Dumping of Dredged Material in Long Island Sound.--In
addition to other provisions of law, the transportation of
dredged material from--
(1) a dredging project exceeding 25,000 cubic yards
by a non-Federal applicant;
(2) any dredging project by a Federal applicant; or
(3) any Federal project,
for the purpose of dumping it into the waters of Long Island
Sound (including Fisher's Island Sound) must satisfy all
applicable provisions of this title as if the waters of Long
Island Sound, which are internal waters of the United States,
were ocean waters under this title.
* * * * * * *