[Congressional Record Volume 150, Number 134 (Friday, November 19, 2004)]
[Senate]
[Pages S11584-S11586]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




REAUTHORIZING THE HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND CONTROL 
                              ACT OF 1998

  Mr. CRAIG. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. 3014, which was introduced 
earlier today by Senators Snowe and Breaux.
  The PRESIDING OFFICER. The clerk will state the bill by title.
  The legislative clerk read as follows:

       A bill (S. 3014) to reauthorize the Harmful Algal Bloom and 
     Hypoxia Research and Control Act of 1998.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. CRAIG. Mr. President, I ask unanimous consent that the bill be 
read a third time and passed, the motion to reconsider be laid upon the 
table, and that any statement regarding this matter be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 3014) was read the third time and passed, as follows:

                                S. 3014

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page S11585]]

    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

[[Page S11586]]

     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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