text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Long Island Sound Protection Act''.
  
  SEC. 2. PROHIBITION ON DUMPING OF DREDGED MATERIAL.
  
      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 Material.--
              ``(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 `covered 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-Federal entities 
                          in a covered body of water, simultaneously 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 determined 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 column, 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 requirements under 
                  other regulations promulgated under section 108).
              ``(3) Designation of sites.--No dredged material shall be 
          dumped, or transported for the purpose of dumping, into any 
          covered body of water except--
                      ``(A) at a site designated by the Administrator in 
                  accordance with section 102(c); and
                      ``(B) upon a determination by the Administrator, 
                  following approval of the plan required under paragraph 
                  (5)(F), that no feasible alternative to ocean disposal, 
                  including sediment remediation, beneficial reuse, and 
                  land-based alternatives, is available prior to the time 
                  of designation.
              ``(4) Relationship to other law.--
                      ``(A) In general.--Except as provided in 
                  subparagraph (B), this title applies to each covered 
                  body of water.
                      ``(B) Exception.--No waiver under section 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 Administrator, 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 management 
                          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 actions that 
                          are to be taken to reduce sediment and 
                          contaminant loading of dredged areas;
                              ``(iii) to thoroughly assess alternative 
                          locations, treatment technologies, and 
                          beneficial 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 
                                  disposal of dredged materials, 
                                  including decontamination technologies; 
                                  and
                                      ``(II) alternative uses of 
                                  materials, including upland disposal, 
                                  containment, beach nourishment, marsh 
                                  restoration, habitat construction, and 
                                  other beneficial reuses; and
                              ``(vi) to confirm the specific roles of 
                          Federal, State, and local agencies with respect 
                          to various aspects of dredged material 
                          management.
                      ``(C) Requirements.--The plan shall include 
                  environmental, economic, and other analysis 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 sediment 
                          contamination, including recommendations for 
                          management measures to limit or reduce those 
                          contamination sources;
                              ``(iii) an analysis of options for reducing 
                          dredging needs through modification of 
                          navigation strategies;
                              ``(iv) an analysis of decontamination 
                          technologies, including subsequent alternative 
                          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 material.--No 
                          dredged material from a covered project may be 
                          dumped, or transported 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
                                      ``(II) is to be dumped in a dredged 
                                  material disposal site designated by 
                                  the Administrator under this title.
                              ``(iii) Finality.--No dredged material 
                          disposal plan shall become final until the plan 
                          has been approved by the States of Connecticut 
                          and New York under clause (i).
                              ``(iv) Previously designated sites.--No 
                          dredged material disposal site in any covered 
                          body of water that was designated before the 
                          date of enactment of this clause shall be used 
                          for dumping of dredged material from a covered 
                          project until the plan has been approved by the 
                          States of Connecticut and New York under clause 
                          (i).
                      ``(G) Authorization of appropriations.--There is 
                  authorized to be appropriated to carry out this 
                  paragraph $5,000,000 for each of fiscal years 2005 and 
                  2006.''.
target: Long Island Sound Protection Act - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to revise requirements for the dumping of dredged material in Long Island Sound.
  
  Prohibits dredged material from any Federal or non-Federal dredging project from being dumped, or transported for the purpose of being dumped, into Long Island Sound, Fisher's Island Sound, Block Island Sound, or Peconic Bay (including any harbor or tributary of such bodies of water) until the dredged material is determined by the Administrator of the Environmental Protection Agency (EPA) to: (1) have, or to cause, concentrations of chemical constituents that are not greater than those concentrations present in the water column, sediments, and biota of areas proximate to, but unaffected by, the proposed disposal site; and (2) meet certain Federal dumping requirements.
  
  Prohibits dumping or transportation for dumping into any covered body of water, except at a site designated by the Administrator, and upon a determination that no feasible alternative to ocean disposal (including sediment remediation, beneficial reuse, and land-based alternatives) is available prior to the time of designation.
  
  Requires the Secretary of the Army and the Administrator, before designation of a dredged material disposal site in a covered body of water, to develop a dredged material management plan and to submit it to Congress and to the Governors of the States of Connecticut and New York for their approval.
feat_title: To amend the Marine Protection, Research, and Sanctuaries Act of 1972 to prohibit the dumping of dredged material in certain bodies of water.