[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,

    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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.