Page:United States Statutes at Large Volume 106 Part 6.djvu/309

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PUBLIC LAW 102-580—OCT. 31, 1992 106 STAT. 4867 conditions, and restrictions established pursuant to sections ^^—'^ 102(a) and 102(c) relating to the environmental impact of the '^ permit. The Administrator may request one 45-day extension in writing and the Secretary shall grant such request on receipt of the request. "(3) EFFECT OF CONCURRENCE.— In any case where the Administrator makes a determination to concur (with or with- __^ -^-^ out conditions) or to decline to concur within the time period specified in paragraph (2) the determination shall prevail. If the Administrator decUnes to concur in the determination of the Secretary no permit shall be issued. If the Administrator concurs with conditions the permit shall include such conditions. The Administrator shall state in writing the reasons for declining to concur or for the conditions of the concurrence. "(4) FAILURE TO ACT.— If no written documentation is made by the Administrator within the time period provided for in paragraph (2), the Secretary may issue the permit. "(5) COMPLIANCE WITH CRITERIA AND RESTRICTIONS. — Unless the Administrator grants a waiver pursuant to subv^ section (d), any permit issued by the Secretary shall require compliance with such criteria and restrictions.", (b) CONFORMING AMENDMENT.— Section 103(e) of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413(e)) is amended by inserting and section 104 (a) and (d)" before the period. SEC. 606. STATE OCEAN DUMPING REQUIREMENTS. Section 106(d) of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1416(d)) is amended to read as follows: "(d) STATE PROGRAMS.— (1) STATE RIGHTS PRESERVED.—^Except as expressly provided in this subsection, nothing in this title 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 title if the Administrator finds that such requirement— "(A) is not supported by relevant scientific evidence showing the requirement to be protective of himian 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 dimiping 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.".