Hudson River Protection Act

Hudson River Protection Act

This bill amends the Rivers and Harbors Appropriation Act of 1915 to prohibit the establishment of areas located within five miles of a nuclear power plant, a location on the national register of historic places, a superfund site, or critical habitat of an endangered species as anchorage grounds in U.S. navigable waters for vessels carrying hazardous or flammable material as cargo.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1504 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 1504

      To amend the Act popularly known as the Rivers and Harbors 
  Appropriation Act of 1915 to prohibit the establishment of certain 
    anchorage grounds within five miles of a nuclear power plant, a 
location on the national register of historic places, a superfund site, 
 or critical habitat of an endangered species, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 10, 2017

   Mr. Sean Patrick Maloney of New York (for himself and Mr. Engel) 
 introduced the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
      To amend the Act popularly known as the Rivers and Harbors 
  Appropriation Act of 1915 to prohibit the establishment of certain 
    anchorage grounds within five miles of a nuclear power plant, a 
location on the national register of historic places, a superfund site, 
 or critical habitat of an endangered species, 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 ``Hudson River Protection Act''.

SEC. 2. PROHIBITION ON ESTABLISHMENT OF CERTAIN ANCHORAGE GROUNDS 
              WITHIN FIVE MILES OF CERTAIN LOCATIONS.

    (a) In General.--Section 7 of the Act of March 4, 1915 (chapter 
142; 33 U.S.C. 471), popularly known as the Rivers and Harbors 
Appropriation Act of 1915, is amended--
            (1) by striking ``The Secretary'' and inserting ``Except as 
        provided in subsection (b), the Secretary'';
            (2) by redesignating subsection (b) as subsection (c);
            (3) in subsection (c), as so redesignated--
                    (A) by striking ``(c) Definition.--As used in this 
                section'' and inserting the following:
    ``(c) Definitions.--As used in this section--
            ``(1) the term'';
                    (B) by striking the period at the end and inserting 
                a semicolon; and
                    (C) by adding at the end the following:
            ``(2) the term `nuclear power plant' means an electric 
        generating facility that uses a nuclear reactor as its heat 
        source to provide steam to a turbine generator; and
            ``(3) the term `superfund site' means a site that is--
                    ``(A) included on the National Priorities List 
                developed by the President in accordance with section 
                105(a)(8)(B) of the Comprehensive Environmental 
                Response, Compensation, and Liability Act of 1980 (42 
                U.S.C. 9605(a)(8)(B)); or
                    ``(B) the subject of an ongoing or planned remedial 
                action carried out in accordance with such Act.''; and
            (4) by inserting after subsection (a) the following:
    ``(b) Restriction.--The Secretary may not establish as anchorage 
grounds for vessels carrying hazardous or flammable material as cargo 
any area that is located within five miles of--
            ``(1) a nuclear power plant;
            ``(2) a location on the national register of historic 
        places;
            ``(3) a superfund site; or
            ``(4) a critical habitat of an endangered species 
        designated under the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.).''.
    (b) Limitation on Application.--The amendment made by subsection 
(a) shall not apply with respect to anchorage grounds established 
before the date of the enactment of this Act for vessels carrying 
hazardous or flammable material as cargo.
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