[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5872 Introduced in House (IH)]
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.
Andrews, 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 subsequently
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, 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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 DECLARATION OF PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The New York/New Jersey Bight is an essential natural
and scenic resource of the United States, providing innumerable
recreational, commercial, economic and aesthetic benefits and
extraordinary ecological, biological, and environmental
benefits.
(2) Various harmful activities within the New York/New
Jersey Bight, including the dumping of contaminated dredged
material, the dumping of various wastes, point source and
nonpoint source pollution, the extraction of nonrenewable
natural resources, and the potential development of deepwater
oil and gas facilities, have caused or may cause serious
adverse impacts to human health, welfare, and amenities, or
threaten the marine environment, ecological systems, and
economic potentialities of the New York/New Jersey Bight.
(3) Ecologically unique areas at risk from degradation
caused by pollution, such as the New York/New Jersey Bight, are
worthy of special protections to reduce such threats.
Pollution-preventing protections 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 fisheries management allocation
and techniques or any similar fisheries management
related activity; or
(B) to prohibit or limit beach replenishment
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''.
(b) References.--Any reference in a law, map, regulation, 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 establishment of new
sites.--Neither the Administrator, the Secretary, nor any State
may issue a permit for ocean dumping, nor designate or
establish any new disposal site, within the New Jersey/New York
Clean Ocean Zone, including pursuant to section 102, 103, 104A,
or 104B of the Marine Protection, 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 designations.--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
disposal sites.
(3) Use of hars.--Notwithstanding paragraphs (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 material may be placed in the Primary Remediation Area
of the HARS for the purposes of ecological remediation and
protection of sensitive species at sensitive life stages, if
the Administrator determines, following testing and analytical
measures established by regulation for materials proposed for
ocean dumping, that the dredged material qualifies as material
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 section 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 constructed or put into
use after such date of enactment.
(2) Limitations on existing permits.--A State or Federal
permit issued pursuant to section 402 of the Federal Water
Pollution Control Act (33 U.S.C. 1342) for the discharge of a
pollutant into the New Jersey/New York Clean Ocean Zone may not
be renewed, reissued, or modified after the date of enactment
of this Act to allow for any increase of discharge capacity of
any point source or sources. The renewed, reissued, or modified
permit may not contain any effluent limitation that is less
stringent than comparable effluent limitations in such permit
and shall otherwise require compliance with all other
applicable laws and regulations under the Federal Water
Pollution Control Act, including applicable water quality
standards.
(c) Extraction of Nonrenewable Natural Resources.--
(1) Prohibition.--The permanent extraction of any
nonrenewable natural resource from the New Jersey/New York
Clean Ocean Zone for commercial or industrial use is
prohibited, unless such removal is undertaken for the primary
purpose of maintaining or establishing navigation channels.
(2) Limitation.--This Act shall not be used to restrict or
otherwise limit beach replenishment activities, flood control
activities, erosion control activities, or habitat restoration
projects on or along the shores of the New Jersey/New York
Clean Ocean Zone.
(d) Nonrenewable Energy Facilities.--Except as set forth in
subsection (e)--
(1) the creation of any type of nonrenewable energy
facility or pipeline within the New Jersey/New York Clean Ocean
Zone is prohibited;
(2) the Secretary of Transportation shall not issue any
license pursuant to section 4 of the Deepwater Port Act (33
U.S.C. 1503) or section 106 of the Maritime Transportation
Security Act of 2002 (116 Stat. 2086) for the ownership,
construction, or operation of a deepwater port used for the
production, storage, transport, or transfer of nonrenewable
energy in the New Jersey/New York Clean Ocean Zone;
(3) there shall be no conveyance of any interest in any
federally owned, submerged or subterranean land within the New
Jersey/New York Clean Ocean Zone for the purpose of
establishing or operating a nonrenewable energy facility,
including--
(A) the conveyance of such an interest for any
pipeline that transports any nonrenewable natural
resource or any refined product produced therefrom,
within or through the New Jersey/New York Clean Ocean
Zone; and
(B) the grant or lease of such right-of-ways by the
Secretary of the Interior pursuant to section 28 of the
Mineral Leasing Act (30 U.S.C. 185), or the Outer
Continental Shelf Lands Act (43 U.S.C. 1301 et seq.).
(e) Renewable Energy Facilities.--
(1) Limitation on granting leases, etc.--No lease,
easement, or right-of-way for a renewable energy facility may
be granted for any federally owned, submerged, or subterranean
land in the New Jersey/New York Clean Ocean Zone except in
accordance with this subsection, section 8(p) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337(p)), and section
388 of the Energy Policy Act of 2005 (43 U.S.C. 1337 note).
(2) Compliance with applicable laws.--The granting of any
lease, easement, or right-of-way referred to in paragraph (1)
shall comply with all applicable laws and regulations and shall
not be exempt nor categorically excluded from the requirements
of section 102 of the National Environmental Policy Act of 1969
(42 U.S.C. 4332). Section 102 of such Act shall be applied to
each such lease, easement, and right-of-way on a project-by-
project basis.
(3) Determination required.--No lease, easement, or right-
of-way referred to in paragraph (1) may be granted unless--
(A) the Secretary of the Interior, after completion
of any review required by paragraph (2), determines
that such action--
(i) complies with all environmental
criteria, conditions, and restrictions
established by or pursuant to section 8(p) of
the Outer Continental Shelf Lands Act (43
U.S.C. 1337(p)) or section 388 of the Energy
Policy Act of 2005; and
(ii) will not unreasonably degrade or
endanger human health, welfare, or amenities,
the marine environment, or ecological systems
or economic potentialities thereof; and
(B) the Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric
Administration, concurs in writing with the
determination of the Secretary of the Interior under
subparagraph (A).
(4) Standard of review.--For purposes of paragraph (3), an
action is deemed to unreasonably degrade or endanger human
health, welfare, or amenities, the marine environment, or
ecological systems or economic potentialities thereof, only if
the action is likely to cause, on an individual or cumulative
basis--
(A) significant adverse impacts to marine habitat,
ecosystem diversity, productivity, and stability of the
biological community within the area of the renewable
energy facility concerned and surrounding biological
communities;
(B) a threat to human life, health, or existing or
potential amenities through--
(i) the creation of a hazard to navigation,
fishing, or recreation;
(ii) direct exposure to pollutants; or
(iii) consumption of exposed aquatic
organisms; or
(C) significant impairment of recreational,
scientific, or economic benefits currently or
potentially derived from or within the area of the
renewable energy facility and surrounding waters.
(f) Underwater Research and Exploration.--
(1) In general.--Nothing in this Act restricts or otherwise
limits underwater research or exploration of the aquatic
environment within the New Jersey/New York Clean Ocean Zone, if
such research or exploration--
(A) will not adversely affect, or will be performed
for the sole purpose of furthering, the restoration,
protection and preservation of, the natural, chemical,
physical and biological integrity 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 underwater research or
exploration of the aquatic environment 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 the conduct of any of
the maritime activities described in paragraph (2) in the New
Jersey/New York Clean Ocean Zone, to the extent that such
activity 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 Authorized.--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 management 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 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 ``Administrator'' means the
Administrator of the Environmental 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 enhancing one or more of benthic relief, fishery
resources, commercial diving, recreational diving, surfing,
commercial fishing opportunities, and recreational fishing
opportunities.
(3) Continental shelf.--The term ``Continental 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
waters (as that term is defined in section 2 of the Submerged
Lands Act (43 U.S.C. 1301)), extending to a depth of 1000
fathoms.
(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, including, but not limited to, any site at which
dumping is authorized under a permit issued under section 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 Marine Protection, Research,
and Sanctuaries Act of 1972 (33 U.S.C. 1402(f)).
(8) Effluent limitation.--The term ``effluent limitation''
has the meaning that term has in section 502(11) of the Federal
Water Pollution Control Act (33 U.S.C. 1362(11)).
(9) HARS.--The term ``HARS'' means the dredged material
disposal site located within the New York/New Jersey Bight and
bounded by the coordinates 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 Remediation 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
bioaccumulation, 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;
(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
established for materials proposed for ocean
dumping, including, without limitation, section
227.6 of title 40, Code of Federal Regulations.
(B) Contaminant of concern defined.--In this
paragraph, the term ``Contaminant 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 designated
under subparagraph (D).
(C) Chart.--The chart referred to in subparagraph
(B) is as follows:
------------------------------------------------------------------------
Screening
Pollutant 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 Administrator 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 ``navigation channel''
means a channel that is federally or State designated and open
to permit free and unobstructed 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 geographic area within the Atlantic
Ocean generally known by that name and located within the
boundaries described more particularly as follows: Beginning at
a point at the southern tip of Cape May, New Jersey, and
running--
(A) northerly along the mean high water mark of the
coast of New Jersey to the northern 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 Continental 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 resource, including oil, natural gas, liquid or gaseous
fuels, sand, or rock, any product produced therefrom, or any
synthetic version thereof.
(15) Nonrenewable energy facility.--The term ``nonrenewable
energy facility'' means any equipment, pipeline, or facility,
other than an electrical transmission cable, a communication
cable, or a vessel in transit, that is or will be used
primarily--
(A) in the development, production, conversion,
storage, transfer, processing, or transportation of any
non-renewable natural resource; or
(B) for the manufacture, production, or assembly of
any equipment, machinery, product, or device that is
involved in any activity described 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 cannot 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 removal of any nonrenewable
natural resource from the marine environment, including the
water column, the seabed, or subsoil.
(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 nonrenewable energy; and
(B) does not include an electrical transmission
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 regenerative
and is produced without depleting or otherwise
diminishing the resource from which such energy is
derived; and
(B) includes solar, thermal, photochemical,
photoelectric, photosynthetic, hydropower, geothermal,
tidal, and wind energy sources.
(22) Renewable energy facility.--The term ``renewable
energy facility'' means any equipment or facility, other than a
vessel in transit, that is or will be used primarily--
(A) in the development, production, conversion,
storage, transfer, processing, or transportation of any
renewable energy resource; or
(B) for the manufacture, production, or assembly of
equipment, machinery, products, or devices, which are
involved in any activity described 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 destination; and
(B) includes any vessel described in subparagraph
(A) that is temporarily anchored pending such arrival.
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