§ 2267. — New York Bight study.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2267]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 36--WATER RESOURCES DEVELOPMENT
SUBCHAPTER IV--WATER RESOURCES STUDIES
Sec. 2267. New York Bight study
(a) Study authority
The Secretary shall study a hydro-environmental monitoring and
information system in the New York Bight in the form of a system using
computerized buoys and radio telemetry that allows for the continual
monitoring (at strategically located sites throughout the New York
Bight) of the following: wind, wave, current, salinity and thermal
gradients and sea chemistry, in order to measure the effect of changes
due to air and water pollution, including changes due to continued
dumping in the Bight.
(b) Study of physical hydraulic model
In addition, the Secretary shall study a proper physical hydraulic
model of the New York Bight and for such an offshore model to be tied
into the existing inshore physical hydraulic model of the Port of New
York and New Jersey operated by the United States Army Corps of
Engineers.
(c) Agency coordination; findings and recommendations
The Secretary shall coordinate fully with the Administrator of the
Environmental Protection Agency in carrying out the study described in
this section and shall report any findings and recommendations to
Congress. The Secretary and the Administrator shall also consider the
views of other appropriate Federal, State, and local agencies, academic
institutions, and members of the public who are concerned about water
quality in the New York Bight.
(d) Authorization of appropriations
There is authorized to be appropriated not more than $1,000,000 per
fiscal year for each of fiscal years 1987, 1988, 1989, 1990, and 1991.
(Pub. L. 99-662, title VII, Sec. 728, Nov. 17, 1986, 100 Stat. 4164.)
New York Bight and Harbor Study
Pub. L. 102-580, title III, Sec. 326, Oct. 31, 1992, 106 Stat. 4850,
as amended by Pub. L. 104-303, title IV, Sec. 433, Oct. 12, 1996, 110
Stat. 3746, provided that:
``(a) In General.--As a continuation of the study pursuant to
section 728 of the Water Resources Development Act of 1986 [33 U.S.C.
2267], the Secretary shall study a hydro-environmental monitoring and
information system in the New York Bight and New York Harbor and
tributaries to the head of tide, in the form of a system using
computerized buoys and radio telemetry that allows for the continual
monitoring (at strategically located sites throughout the New York Bight
and Harbor region) of the following: wind, wave, current, salinity, and
thermal gradients and sea chemistry, in order to measure the effect of
changes due to air and water pollution, including changes due to
continued dumping in the Bight. This effort will include the study of a
verified, nested, high-resolution Harbor/Bight Apex numerical model, and
supportive monitoring and information systems.
``(b) Hydraulic Model.--In addition, the Secretary shall study a
proper physical hydraulic model of the New York Bight and the tying in
of such model to the existing inshore physical hydraulic model of the
Port of New York and New Jersey operated by the United States Army Corps
of Engineers.
``(c) Purpose.--This New York Bight and Harbor effort will address
the engineering, environmental, and social impacts of natural and man-
made changes to the New York Bight, including water quality parameters
such as contaminant and sediment transport effects, and nutrient
eutrophication.
``(d) Coordination With EPA; Reports.--The Secretary shall
coordinate fully with the Administrator of the Environmental Protection
Agency in carrying out the study described in the section and shall
report any findings and recommendations to Congress. The Secretary and
the Administrator shall also consider the views of other appropriate
Federal, State, and local agencies, academic institutions, and members
of the public who are concerned about water and sediment quality in the
New York Bight and Harbor region.
``(e) Remediation Techniques.--
``(1) In general.--To test and verify contaminant and sediment
tracking ability of the models, and to reduce the problems
associated with the dredging and disposal of dioxin contaminated
sediments in the region, a study shall be performed to identify
appropriate remediation techniques (including isolation and
treatment) for mitigating dioxin contaminated sediments at their
sources. The study and report are not intended to encumber civil
works projects under development or scheduled to be maintained. Work
on these projects shall proceed along the present schedule.
``(2) Report.--Not later than 1 year after the date of the
enactment of this Act [Oct. 31, 1992], the Secretary shall submit to
the Committee on Environment and Public Works of the Senate, the
Committee on Public Works and Transportation of the House of
Representatives, and to the State of New Jersey a report on--
``(A) the dioxin study and monitoring required in this
subsection; and
``(B) the effectiveness and costs of all reasonable
remediation measures, including recommendations as to a plan for
implementation of the most time and cost-effective measures.
``(f) Funding.--There is authorized to be appropriated $3,000,000
for fiscal years beginning after September 30, 1992. Such sums shall
remain available until expended.''
Pub. L. 100-220, title II, subtitle C, Dec. 29, 1987, 101 Stat.
1467, as amended by Pub. L. 100-688, title I, Sec. 1003(b), (c), Nov.
18, 1988, 102 Stat. 4150, directed Administrator of the Environmental
Protection Agency, within 3 years after Dec. 29, 1987, in consultation
with Administrator of the National Oceanic and Atmospheric
Administration and other Federal, State, and interstate agencies, to
prepare and submit to Congress a New York Bight Restoration Plan and a
detailed schedule and two preliminary reports at specified times, and
further directed Administrator to conduct a study of problems associated
with plastic debris in the New York Bight and report to Congress within
6 months after Dec. 29, 1987.
