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U.S. Code as of:
01/19/04
Section 1416. Relationship to other laws
(a) Voiding of preexisting licenses
After the effective date of this subchapter, all licenses,
permits, and authorizations other than those issued pursuant to
this subchapter shall be void and of no legal effect, to the extent
that they purport to authorize any activity regulated by this
subchapter, and whether issued before or after the effective date
of this subchapter.
(b) Actions under authority of Rivers and Harbors Act
The provisions of subsection (a) of this section shall not apply
to actions taken before the effective date of this subchapter under
the authority of the Rivers and Harbors Act of 1899 (30 Stat.
1151), as amended (33 U.S.C. 401 et seq.).
(c) Impairment of navigation
Prior to issuing any permit under this subchapter, if it appears
to the Administrator that the disposition of material, other than
dredged material, may adversely affect navigation in the
territorial sea of the United States, or in the approaches to any
harbor of the United States, or may create an artificial island on
the Outer Continental Shelf, the Administrator shall consult with
the Secretary and no permit shall be issued if the Secretary
determines that navigation will be unreasonably impaired.
(d) State programs
(1) State rights preserved
Except as expressly provided in this subsection, nothing in
this subchapter shall preclude or deny the right of any State to
adopt or enforce any requirements respecting dumping of materials
into ocean waters within the jurisdiction of the State.
(2) Federal projects
In the case of a Federal project, a State may not adopt or
enforce a requirement that is more stringent than a requirement
under this subchapter if the Administrator finds that such
requirement -
(A) is not supported by relevant scientific evidence showing
the requirement to be protective of human health, aquatic
resources, or the environment;
(B) is arbitrary or capricious; or
(C) is not applicable or is not being applied to all projects
without regard to Federal, State, or private participation and
the Secretary of the Army concurs in such finding.
(3) Exemption from State requirements
The President may exempt a Federal project from any State
requirement respecting dumping of materials into ocean waters if
it is in the paramount interest of the United States to do so.
(4) Consideration of site of origin prohibited
Any requirement respecting dumping of materials into ocean
waters applied by a State shall be applied without regard to the
site of origin of the material to be dumped.
(e) Existing conservation programs not affected
Nothing in this subchapter shall be deemed to affect in any
manner or to any extent any provision of the Fish and Wildlife
Coordination Act as amended (16 U.S.C. 661-666c).
(f) Dumping of dredged material in Long Island Sound from any
Federal, etc., project
In addition to other provisions of law and not withstanding the
specific exclusion relating to dredged material in the first
sentence in section 1412(a) of this title, 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 subchapter.
(g) Savings clause
Nothing in this Act shall restrict, affect or modify the rights
of any person (1) to seek damages or enforcement of any standard or
limitation under State law, including State common law, or (2) to
seek damages under other Federal law, including maritime tort law,
resulting from noncompliance with any requirement of this Act or
any permit under this Act.
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