Section 1 Short title
This Act may be cited as the “Hudson River Protection Act”.
Hudson River Protection Act
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.
Sec. 2 Prohibition on establishment of certain anchorage grounds within five miles of certain locations
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—
by striking “The Secretary” and inserting “Except as provided in subsection (b), the Secretary”;
by redesignating subsection (b) as subsection (c);
in subsection (c), as so redesignated—
by striking “(c) Definition.—As used in this section” and inserting the following:
“(c) Definitions—As used in this section—
“(1) the term”
by striking the period at the end and inserting a semicolon; and
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.”
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.).”
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.