[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 3014 Enrolled Bill (ENR)]
S.3014
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
An Act
To reauthorize the Harmful Algal Bloom and Hypoxia Research and Control
Act of 1998, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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This title may be cited as the ``Harmful Algal Bloom and Hypoxia
Amendments Act of 2004''.

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TITLE I

-HARMFUL ALGAL BLOOM AND HYPOXIA AMENDMENTS ACT OF 2004

Section 603 of the Harmful Algal Bloom and Hypoxia Research and
Control Act of 1998 (16 U.S.C. 1451 nt) is amended by striking
subsection (e). In developing the assessments, reports, and plans under
the amendments made by this title, the Task Force shall consult with
the coastal States, Indian tribes, local governments, appropriate
industries (including fisheries, agriculture, and fertilizer), academic
institutions, and nongovernmental organizations with expertise in
coastal zone science and management.

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Section 603 of such Act, as amended by section 102, is further
amended by adding at the end the following:
``(d) Report to Congress on Harmful Algal Bloom Impacts.--
``(1) Development.--Not later than 12 months after the date of
enactment of the Harmful Algal Bloom and Hypoxia Amendments Act of
2004, the President, in consultation with the chief executive
officers of the States, shall develop and submit to the Congress a
report that describes and evaluates the effectiveness of measures
described in paragraph (2) that may be utilized to protect
environmental and public health from impacts of harmful algal
blooms. In developing the report, the President shall consult with
the Task Force, the coastal States, Indian tribes, local
governments, appropriate industries (including fisheries,
agriculture, and fertilizer), academic institutions, and
nongovernmental organizations with expertise in coastal zone
science and management, and also consider the scientific
assessments developed under this Act.
``(2) Requirements.--The report shall--
``(A) review techniques for prediction of the onset,
course, and impacts of harmful algal blooms including
evaluation of their accuracy and utility in protecting
environmental and public health and provisions for their
development;
``(B) identify innovative research and development methods
for the prevention, control, and mitigation of harmful algal
blooms and provisions for their development; and
``(C) include incentive-based partnership approaches
regarding subparagraphs (A) and (B) where practicable.
``(3) Publication and opportunity for comment.--At least 90
days before submitting the report to the Congress, the President
shall cause a summary of the proposed plan to be published in the
Federal Register for a public comment period of not less than 60
days.
``(4) Federal assistance.--The Secretary of Commerce, in
coordination with the Task Force and to the extent of funds
available, shall provide for Federal cooperation with and
assistance to the coastal States, Indian tribes, and local
governments regarding the measures described in paragraph (2), as
requested.''.

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Section 603 of such Act, as amended by section 103, is further
amended by adding at the end the following:
``(e) Local and Regional Scientific Assessments.--
``(1) In general.--The Secretary of Commerce, in coordination
with the Task Force and appropriate State, Indian tribe, and local
governments, to the extent of funds available, shall provide for
local and regional scientific assessments of hypoxia and harmful
algal blooms, as requested by States, Indian tribes, and local
governments, or for affected areas as identified by the Secretary.
If the Secretary receives multiple requests, the Secretary shall
ensure, to the extent practicable, that assessments under this
subsection cover geographically and ecologically diverse locations
with significant ecological and economic impacts from hypoxia or
harmful algal blooms. The Secretary shall establish a procedure for
reviewing requests for local and regional assessments. The
Secretary shall ensure, through consultation with Sea Grant
Programs, that the findings of the assessments are communicated to
the appropriate State, Indian tribe, and local governments, and to
the general public.
``(2) Purpose.--Local and regional assessments shall examine--
``(A) the causes and ecological consequences, and the
economic cost, of hypoxia or harmful algal blooms in that area;
``(B) potential methods to prevent, control, and mitigate
hypoxia or harmful algal blooms in that area and the potential
ecological and economic costs and benefits of such methods; and
``(C) other topics the Task Force considers appropriate.
``(f) Scientific Assessment of Freshwater Harmful Algal Blooms.--
(1) Not later than 24 months after the date of enactment of the Harmful
Algal Bloom and Hypoxia Amendments Act of 2004 the Task Force shall
complete and submit to Congress a scientific assessment of current
knowledge about harmful algal blooms in freshwater, such as the Great
Lakes and upper reaches of estuaries, including a research plan for
coordinating Federal efforts to better understand freshwater harmful
algal blooms.
``(2) The freshwater harmful algal bloom scientific assessment
shall--
``(A) examine the causes and ecological consequences, and the
economic costs, of harmful algal blooms with significant effects on
freshwater, including estimations of the frequency and occurrence
of significant events;
``(B) establish priorities and guidelines for a competitive,
peer-reviewed, merit-based interagency research program, as part of
the Ecology and Oceanography of Harmful Algal Blooms (ECOHAB)
project, to better understand the causes, characteristics, and
impacts of harmful algal blooms in freshwater locations; and
``(C) identify ways to improve coordination and to prevent
unnecessary duplication of effort among Federal agencies and
departments with respect to research on harmful algal blooms in
freshwater locations.
``(g) Scientific Assessments of Hypoxia.--(1) Not less than once
every 5 years the Task Force shall complete and submit to the Congress
a scientific assessment of hypoxia in United States coastal waters
including the Great Lakes. The first such assessment shall be completed
not less than 24 months after the date of enactment of the Harmful
Algal Bloom and Hypoxia Amendments Act of 2004.
``(2) The assessments under this subsection shall--
``(A) examine the causes and ecological consequences, and the
economic costs, of hypoxia;
``(B) describe the potential ecological and economic costs and
benefits of possible policy and management actions for preventing,
controlling, and mitigating hypoxia;
``(C) evaluate progress made by, and the needs of, Federal
research programs on the causes, characteristics, and impacts of
hypoxia, including recommendations of how to eliminate significant
gaps in hypoxia modeling and monitoring data; and
``(D) identify ways to improve coordination and to prevent
unnecessary duplication of effort among Federal agencies and
departments with respect to research on hypoxia.
``(h) Scientific Assessments of Harmful Algal Blooms.--(1) Not less
than once every 5 years the Task Force shall complete and submit to
Congress a scientific assessment of harmful algal blooms in United
States coastal waters. The first such assessment shall be completed not
later than 24 months after the date of enactment of the Harmful Algal
Bloom and Hypoxia Amendments Act of 2004 and shall consider only marine
harmful algal blooms. All subsequent assessments shall examine both
marine and freshwater harmful algal blooms, including those in the
Great Lakes and upper reaches of estuaries.
``(2) The assessments under this subsection shall--
``(A) examine the causes and ecological consequences, and
economic costs, of harmful algal blooms;
``(B) describe the potential ecological and economic costs and
benefits of possible actions for preventing, controlling, and
mitigating harmful algal blooms;
``(C) evaluate progress made by, and the needs of, Federal
research programs on the causes, characteristics, and impacts of
harmful algal blooms; and
``(D) identify ways to improve coordination and to prevent
unnecessary duplication of effort among Federal agencies and
departments with respect to research on harmful algal blooms.
``(i) National Scientific Research, Development, Demonstration, and
Technology Transfer Plan on Reducing Impacts From Harmful Algal
Blooms.--(1) Not later than 12 months after the date of enactment of
the Harmful Algal Bloom and Hypoxia Amendments Act of 2004, the Task
Force shall develop and submit to Congress a plan providing for a
comprehensive and coordinated national research program to develop and
demonstrate prevention, control, and mitigation methods to reduce the
impacts of harmful algal blooms on coastal ecosystems (including the
Great Lakes), public health, and the economy.
``(2) The plan shall--
``(A) establish priorities and guidelines for a competitive,
peer reviewed, merit based interagency research, development,
demonstration, and technology transfer program on methods for the
prevention, control, and mitigation of harmful algal blooms;
``(B) identify ways to improve coordination and to prevent
unnecessary duplication of effort among Federal agencies and
departments with respect to the actions described in paragraph (1);
and
``(C) include to the maximum extent practicable diverse
institutions, including Historically Black Colleges and
Universities and those serving large proportions of Hispanics,
Native Americans, Asian Pacific Americans, and other
underrepresented populations.
``(3) The Secretary of Commerce, in conjunction with other
appropriate Federal agencies, shall establish a research, development,
demonstration, and technology transfer program that meets the
priorities and guidelines established under paragraph (2)(A). The
Secretary shall ensure, through consultation with Sea Grant Programs,
that the results and findings of the program are communicated to State,
Indian tribe, and local governments, and to the general public.''.

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Section 605 of such Act is amended--
(1) by striking ``and'' after ``2000,'' in the first sentence
and in the paragraphs (1), (2), (3), and (5);
(2) by inserting ``$23,500,000 for fiscal year 2005,
$24,500,000 for fiscal year 2006, $25,000,000 for fiscal year 2007,
and $25,500,000 for fiscal year 2008,'' after ``2001,'' in the
first sentence;
(3) by inserting ``, and $2,500,000 for each of fiscal years
2005 through 2008'' after ``2001'' in paragraph (1);
(4) by inserting ``, and $6,500,000, of which $1,000,000 shall
be used for the research program described in section 603(f)(2)(B),
for each of fiscal years 2005 through 2008'' after ``2001'' in
paragraph (2);
(5) by striking ``2001'' in paragraph (3) and inserting ``2001,
and $3,000,000 for each of fiscal years 2005 through 2008'';
(6) by striking ``blooms;'' in paragraph (3) and inserting
``blooms and to carry out section 603(d);'';
(7) by striking ``and 2001'' in paragraph (4) and inserting
``2001, and $6,000,000 for each of fiscal years 2005 through
2008'';
(8) by striking ``and'' after the semicolon in paragraph (4);
(9) by striking ``2001'' in paragraph (5) and inserting ``2001,
$4,000,000 for fiscal year 2005, $5,000,000 for fiscal year 2006,
$5,500,000 for fiscal year 2007, and $6,000,000 for fiscal year
2008'';
(10) by striking ``Administration.'' in paragraph (5) and
inserting ``Administration; and''; and
(11) by adding at the end the following:
``(6) $1,500,000 for each of fiscal years 2005 through 2008 to
carry out section 603(e).''.

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FLORIDA.
(a) In General.--The Secretary of Commerce may make available to
the University of Miami real property under the administrative
jurisdiction of the National Oceanic and Atmospheric Administration on
Virginia Key, Florida, for development by the University of a Marine
Life Science Center.
(b) Manner of Availability.--The Secretary may make property
available under this section by easement, lease, license, or long-term
agreement with the University.
(c) Authorized Uses by University.--
(1) In general.--Property made available under this section may
be used by the University (subject to paragraph (2)) to develop and
operate facilities for multidisciplinary environmental and
fisheries research, assessment, management, and educational
activities.
(2) Agreement.--Property made available under this section may
not be used by the University (including any affiliate of the
University) except in accordance with an agreement with the
Secretary that--
(A) specifies--
(i) the conditions for non-Federal use of the property;
and
(ii) the retained Federal interests in the property,
including interests in access to and egress from the
property by Federal personnel and preservation of existing
rights-of-way;
(B) establishes conditions for joint occupancy of buildings
and other facilities on the property by the University and
Federal agencies; and
(C) includes provisions that ensure--
(i) that there is no diminishment of existing National
Oceanic and Atmospheric Administration programs and
services at Virginia Key; and
(ii) the availability of the property for planning,
development, and construction of future Federal buildings
and facilities.
(3) Termination of availability.--The availability of property
under this section shall terminate immediately upon use of the
property by the University--
(A) for any purpose other than as described in paragraph
(1); or
(B) in violation of the agreement under paragraph (2).
(d) Use of Facilities by Secretary.--The Secretary may--
(1) subject to the availability of funding, enter into an
agreement to occupy facilities constructed by the University on
property made available under this section; and
(2) participate with the University in collaborative research
at, or administered through, such facilities.
(e) No Conveyance of Title.--This section shall not be construed to
convey or authorize conveyance of any interest of the United States in
title to property made available under this section.

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TITLE II

-MISCELLANEOUS

(a) In General.--The Secretary of Commerce shall convey to the
Government of Mexico, without consideration, all right, title, and
interest of the United States in and to the National Oceanic and
Atmospheric Administration vessel WHITING--
(1) for use as a hydrographic survey platform in support of
activities of the United States-Mexico Charting Advisors Committee;
and
(2) to enhance coordination and cooperation between the United
States and Mexico regarding hydrographic surveying and nautical
charting activities in the border waters of both countries in the
Gulf of Mexico and in the Pacific Ocean.
(b) Operation and Maintenance.--The Government of the United States
shall not be responsible or liable for any remediation, maintenance, or
operation of a vessel conveyed under this section after the date of the
delivery of the vessel to the Government of Mexico.
(c) Deadline.--The Secretary shall seek to complete the conveyance
by as soon as practicable after the date of the enactment of this Act.
(d) Delivery of Vessel.--The Secretary shall deliver the vessel
WHITING pursuant to this section at the vessel's homeport location of
Norfolk, Virginia, at no additional cost to the United States.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Harmful Algal Bloom and Hypoxia Amendments Act of 2004 — S. 3014

Other Sections

TITLE I

TITLE II

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