Page:United States Statutes at Large Volume 102 Part 4.djvu/1048

 102 STAT. 4018

PUBLIC LAW 100-676—NOV. 17, 1988

through biological, physical, and chemical processes), changes in marine ecosystem diversity, productivity, and stability, and species and community population changes; (iii) on esthetic, recreation, and economic values; and (iv) on alternative uses of oceans, such as mineral exploitation and scientific study. In addition, the Secretary shall determine through such program the persistence and permanence of any such adverse effects and methods of mitigating any such adverse effects. (B) PLANNING.—Within 4 months after the date of the enactment of the Act, the Secretary, in consultation with the study team established under paragraph (3), shall develop a plan for carrying out the demonstration program under this paragraph. Such plan shall, at a minimum, establish predisposal monitoring requirements, thin layer disposal locations, the amounts of dredged material necessary for carrying out such demonstration program, the duration of thin layer disposal under such demonstration program, the compatibility of the receiving habitat with thin layer dredged material disposal, requirements for minimizing demonstration program impacts, the depth of thin layer disposal, and the scope of the post disposal monitoring. (C) LIMITATIONS ON MATERIALS FROM PROJECT.—The Secretary in carrying out the demonstration program under this paragraph shall use suitable material removed during construction of the Gulfport Harbor navigation project. The amount of material used shall be of sufficient quantity to determine the effects of thin layer disposal in near shore areas of (i) dredged materials from construction of harbor improvements, and (ii) any materials from operation and maintenance of harbor improvements dredged during the period of such construction; except that the total amount of material to be used shall be limited to the lesser of 3,000,000 cubic yards of dredged material or the amount determined under the plan developed under subparagraph (B). (D) CONSULTATION REQUIREMENT.—In conducting the demonstration program under this paragraph, the Secretary shall consult the study team established under paragraph (3). (E) POST DISPOSAL MONITORING.—The demonstration program under this paragraph shall include monitoring of the near shore areas at which dredged material is disposed of under such program during the period determined under theplan developed under subparagraph (B). (F) APPLICABILTTY OF FEDERAL LAW.—The demonstration program under this paragraph shall be carried out in accordance with all applicable provisions of Federal law, including section 404(c) of the Federal Water Pollution Control Act. (G) COST SHARING.—The demonstration program carried

out under this paragraph shall be subject to cost sharing under title I of the Water Resources Development Act of 1986. All costs of such program, other than dredging and disposal of dredged material costs, shall not be included for

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