[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 3014 Considered and Passed Senate (CPS)]







108th CONGRESS
  2d Session
                                S. 3014

To reauthorize the Harmful Algal Bloom and Hypoxia Research and Control 
                  Act of 1998, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 19, 2004

 Ms. Snowe (for herself, Mr. Breaux, Mr. Voinovich, Mr. Levin, and Mr. 
     DeWine) introduced the following bill; which was read twice, 
              considered, read the third time, and passed

_______________________________________________________________________

                                 A BILL


 
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,

    TITLE I--HARMFUL ALGAL BLOOM AND HYPOXIA AMENDMENTS ACT OF 2004

SEC. 101. SHORT TITLE.

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

SEC. 102. RETENTION OF TASK FORCE.

     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.

SEC. 103. PREDICTION AND RESPONSE REPORT.

     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.''.

SEC. 104. LOCAL AND REGIONAL SCIENTIFIC ASSESSMENTS.

     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.''.

SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

     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).''.

                        TITLE II--MISCELLANEOUS

SEC. 201. AVAILABILITY OF NOAA REAL PROPERTY ON VIRGINIA KEY, 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.

SEC. 202. CONVEYANCE OF NOAA VESSEL WHITING.

    (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.
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