[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1856 Engrossed in House (EH)]


  2d Session

                               H. R. 1856

_______________________________________________________________________

                                 AN ACT

To reauthorize the Harmful Algal Bloom and Hypoxia Research and Control 
                  Act of 1998, and for other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  2d Session
                                H. R. 1856

_______________________________________________________________________

                                 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,

SECTION 1. SHORT TITLE.

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

SEC. 2. RETENTION OF TASK FORCE.

    Section 603 of the Harmful Algal Bloom and Hypoxia Research and 
Control Act of 1998 (16 U.S.C. 1451 note) is amended by striking 
subsection (e).

SEC. 3. SCIENTIFIC ASSESSMENTS AND RESEARCH, DEMONSTRATION, AND 
              TECHNOLOGY TRANSFER PLANS.

    Such section 603 is further amended--
            (1) in subsection (a) by adding at the end the following:
``In developing the assessments and plans described in subsections (b), 
(c), (d), (e), and (f), the Task Force shall work with appropriate 
State, Indian tribe, and local governments to ensure that the 
assessments and plans fulfill the requirements of subsections (b)(2), 
(c)(2), (d)(2), (e)(2), and (f)(2). Additionally, the Task Force shall 
consult with appropriate industry (including agriculture and fertilizer 
industry), academic institutions, and non-governmental organizations 
throughout the development of the assessments and plans.''; and
            (2) by striking subsections (b) and (c) and inserting the 
        following:
    ``(b) 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 Research Amendments Act of 2004 and should 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.
    ``(c) 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 Research 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 locations 
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 locations, 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.
    ``(d) National Scientific Research, Development, Demonstration, and 
Technology Transfer Plan Into Reducing Impacts From Harmful Algal 
Blooms.--(1) Not later than 12 months after the date of enactment of 
the Harmful Algal Bloom and Hypoxia Research 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.
    ``(e) Scientific Assessments of Hypoxia.--(1) Not less than once 
every 5 years the Task Force shall complete and submit to 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 12 months after the date of enactment of the Harmful 
Algal Bloom and Hypoxia Research 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 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.
    ``(f) Local and Regional Scientific Assessments.--(1) The Secretary 
of Commerce, in coordination with the Task Force and appropriate State, 
Indian tribe, and local governments, shall provide for local and 
regional scientific assessments of hypoxia or harmful algal blooms, as 
requested by State, Indian tribe, or 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) The scientific assessments under this subsection shall 
examine--
            ``(A) the causes and ecological consequences, and the 
        economic costs, 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.''.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    Section 605 of such Act is amended to read as follows:

``SEC. 605. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Secretary of 
Commerce for research, education, monitoring, demonstration, and 
technology transfer activities related to the prevention, reduction, 
and control of harmful algal blooms and hypoxia, $19,000,000 for each 
of fiscal years 2005, 2006, and 2007, to remain available until 
expended. The Secretary shall consult with the States on a regular 
basis regarding the development and implementation of the activities 
authorized under this title. Of such amounts for each fiscal year--
            ``(1) $1,500,000 for each of fiscal years 2005, 2006, and 
        2007 shall be used to enable the National Oceanic and 
        Atmospheric Administration to carry out research and assessment 
        activities, including procurement of necessary research 
        equipment, at research laboratories of the National Ocean 
        Service and the National Marine Fisheries Service;
            ``(2) $3,000,000 for each of fiscal years 2005, 2006, and 
        2007 shall be used to carry out the Ecology and Oceanography of 
        Harmful Algal Blooms (ECOHAB) project, with $1,000,000 of such 
        amount used to carry out research on freshwater harmful algal 
        blooms;
            ``(3) $4,000,000 for each of fiscal years 2005, 2006, and 
        2007 shall be used to carry out the research program described 
        in section 603(d)(3);
            ``(4) $7,000,000 for each of fiscal years 2005, 2006, and 
        2007 shall be used to carry out the Monitoring and Event 
        Response for Harmful Algal Blooms (MERHAB) project;
            ``(5) $2,000,000 for each of fiscal years 2005, 2006, and 
        2007 shall be used for activities related to research and 
        monitoring on hypoxia; and
            ``(6) $1,500,000 for each of fiscal years 2005, 2006, and 
        2007 shall be used to carry out the activities described in 
        section 603(f).
Amounts authorized under paragraphs (2), (3), (4), and (5) shall only 
be used to support competitive, peer-reviewed research programs.''.

            Passed the House of Representatives July 7, 2004.

            Attest:

                                                                 Clerk.