[Senate Report 108-125]
[From the U.S. Government Publishing Office]




                                                       Calendar No. 249
108th Congress                                                  Report
                                 SENATE
 1st Session                                                    108-125
_______________________________________________________________________

 
         HARMFUL ALGAL BLOOM AND HYPOXIA AMENDMENTS ACT OF 2003

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                 S. 247






                August 26, 2003.--Ordered to be printed

     Filed, under authority of the order of the Senate of July 29 
                    (legislative day, July 21), 2003



                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 2003


       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                      one hundred eighth congress
                             first session

                     JOHN McCAIN, Arizona, Chairman
TED STEVENS, Alaska                  ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana                DANIEL K. INOUYE, Hawaii
TRENT LOTT, Mississippi              JOHN D. ROCKEFELLER IV, West 
KAY BAILEY HUTCHISON, Texas              Virginia
OLYMPIA J. SNOWE, Maine              JOHN F. KERRY, Massachusetts
SAM BROWNBACK, Kansas                JOHN B. BREAUX, Louisiana
GORDON SMITH, Oregon                 BYRON L. DORGAN, North Dakota
PETER G. FITZGERALD, Illinois        RON WYDEN, Oregon
JOHN ENSIGN, Nevada                  BARBARA BOXER, California
GEORGE ALLEN, Virginia               BILL NELSON, Florida
JOHN E. SUNUNU, New Hampshire        MARIA CANTWELL, Washington
                                     FRANK LAUTENBERG, New Jersey
           Jeanne Bumpus, Staff Director and General Counsel
                   Ann Begeman, Deputy Staff Director
                  Robert W. Chamberlin, Chief Counsel
      Kevin D. Kayes, Democratic Staff Director and Chief Counsel
                Gregg Elias, Democratic General Counsel

                                                       Calendar No. 249
108th Congress                                                   Report
                                 SENATE
 1st Session                                                    108-125

======================================================================

         HARMFUL ALGAL BLOOM AND HYPOXIA AMENDMENTS ACT OF 2003

                                _______
                                

                August 26, 2003.--Ordered to be printed

     Filed, under authority of the order of the Senate of July 29 
                    (legislative day, July 21), 2003

                                _______
                                

       Mr. McCain, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 247]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 247) ``A Bill To reauthorize 
the Harmful Algal Bloom and Hypoxia Research and Control Act of 
1998, and for other purposes'', having considered the same, 
reports favorably thereon with an amendment (in the nature of a 
substitute) and recommends that the bill (as amended) do pass.

                          Purpose of the Bill

  The purpose of S. 247, the Harmful Algal Bloom and Hypoxia 
Amendments Act of 2003, is to reauthorize and amend the Harmful 
Algal Bloom and Hypoxia Research and Control Act of 1998. This 
bill would authorize the continuing work of the Inter-Agency 
Task Force on Harmful Algal Blooms and Hypoxia. It also would 
require the Administration to develop a prediction and response 
plan, provide for local and regional assessments at the request 
of State, tribal, or local governments, develop an assessment 
of Great Lakes harmful algal blooms, and submit a scientific 
assessment of hypoxia in United States waters at least every 
five years.

                          Background and Needs

  An algal bloom occurs when a single algal species multiplies 
until it dominates the microscopic plant (phytoplankton) 
community, reaching such high concentrations that the water 
becomes discolored. These blooms are often called ``red 
tides,'' but also can appear green, yellow, or brown, depending 
on the type of algae. Most algal blooms are considered harmful 
because the algae can produce potent natural poisons known as 
biotoxins. In addition, algal blooms may produce nuisance 
conditions that are harmful because of their impacts on coastal 
resources and the local economy. In the past, only a few 
regions of the United States were affected by harmful algal 
blooms (HABs), but now virtually every coastal State has 
reported major blooms, including those that border Lake Erie 
where HABs have occurred in recent summers. These blooms can 
kill fish and other marine organisms, poison people who eat 
contaminated seafood, and cause respiratory distress in 
susceptible people due to inhalation of aerosolized toxin. 
Nontoxic HABs can cause harm by irritating or damaging fish 
gills, shading out other marine plants, or causing low oxygen 
conditions. These impacts can affect fishing, tourism, and 
coastal recreation.
  Scientists offer a range of opinions on what may be causing 
the occurrence of HABs to increase. Marine transportation may 
have contributed to the global HAB expansion by transporting 
toxic species in ballast water. Global climate change, 
increased nonpoint source nutrient runoff from urban and 
agricultural activities, and the dramatic increase in 
aquaculture activities also may be contributing to HAB 
expansion. Other new bloom events may reflect indigenous algae 
populations that were discovered because of better detection 
methods. The potential causal linkage between pollution and HAB 
outbreaks, however, cannot be ignored. Increased nutrient loads 
to coastal waters may stimulate the growth of algae 
populations, which initiates a HAB event. Some scientists argue 
that the nutrients channeled to coastal waters by human 
activities are delivered in proportions that differ from 
naturally occurring ratios, creating conditions that favor the 
rapid growth and high concentration of harmful algal 
populations. More research is necessary to determine what 
causes HABs.
  Hypoxia refers to a depressed concentration of dissolved 
oxygen in water. Most forms of aquatic life require an adequate 
level of dissolved oxygen and when there are deficiencies, 
hypoxia, or ``dead zones,'' can occur in the water column. 
Hypoxia events are natural phenomena, but they can be 
intensified and made more frequent and expansive by certain 
human activities. For example, eutrophic conditions caused by 
increased nutrient loading may result in increased growth of 
phytoplankton and macrophytes, which exert greater consumption 
of oxygen when respiring, such as during overnight hours when 
photosynthesis is absent, and thus contribute to hypoxic 
conditions. Hypoxic areas are more widespread during the 
summer, when they may drive out or kill marine animal life, and 
usually dissipate by winter. The largest hypoxic area affecting 
the United States is in the northern Gulf of Mexico near the 
mouth of the Mississippi River, but there also are others of 
varying degrees, and they can significantly impair fisheries 
production and ecosystem function in these regions.
  Hypoxic areas frequently occur in coastal waters where rivers 
enter the ocean (e.g. estuaries). Fresh water is less dense 
than saltwater and typically flows across the top of the sea 
water. The fresh surface water effectively ``caps'' the more 
dense, saline bottom waters. This retards mixing, which creates 
a two-layer system and promotes hypoxia development in the 
lower, more saline waters. Hypoxic conditions can be 
exacerbated by high concentrations of nutrients delivered to 
the ocean in river water. These nutrients promote primary 
productivity that, in addition to causing HAB outbreaks, 
contributes to hypoxia by consuming oxygen in the surface 
water. Hypoxia is more likely to occur in estuaries with high 
nutrient loading and low flushing (i.e. low freshwater 
turnover).
  In the northern Gulf of Mexico, the greatest algal growth in 
surface waters occurs about a month after maximum river 
discharge in the late spring, with hypoxic bottom water 
developing a month later, usually by mid-summer. Human 
activities that increase nutrient loading can increase the 
intensity, spatial extent, and duration of hypoxic events. 
Storms and tides may mix the hypoxic bottom water and the 
aerated surface water, usually dissipating the hypoxia by 
autumn. Although the extent of the effects of hypoxic events on 
United States coastal ecosystems is still uncertain, the 
phenomenon is of increasing concern to coastal States.
  The Harmful Algal Bloom and Hypoxia Research and Control Act 
was signed into law on November 13, 1998. This Act recognized 
that many of our nation's coastal areas suffer from harmful 
algal blooms and hypoxia each year, threatening coastal 
ecosystems and fisheries and endangering human health. To 
respond to these concerns, the Act established an Inter-Agency 
Task Force on Harmful Algal Blooms and Hypoxia and mandated the 
formulation of the following three national assessments: a 
National Assessment on Harmful Algal Blooms; a National 
Assessment on Hypoxia; and an Assessment and a Plan for Hypoxia 
in the Gulf of Mexico. These assessments--and the continuing 
occurrence of HAB and hypoxia events--demonstrate the need for 
ongoing work in predicting, monitoring, and mitigating these 
potentially dangerous events.
  This bill, S. 247, would reauthorize and amend the original 
Act, providing funding authorization levels for Fiscal Year 
(FY) 2004 through 2008. It also would make the Inter-Agency 
Task Force on Harmful Algal Blooms and Hypoxia (created in the 
1998 Act) permanent, require that a Prediction and Response 
Plan be submitted to Congress within 12 months of enactment, 
and authorize the Secretary of Commerce to assist with local 
and regional assessments of hypoxia, toxic algae, and harmful 
algal blooms. It also would require the Inter-Agency Task Force 
on Harmful Algal Blooms and Hypoxia to conduct a scientific 
assessment of Great Lakes harmful algal blooms within 24 months 
of enactment and a scientific assessment of hypoxia in United 
States coastal waters, including the Great Lakes, not less than 
once every five years, with the first assessment within 24 
months of enactment.

                          Legislative History

  S. 247 was introduced by Senators Snowe and Breaux on January 
29, 2003, and it was referred to the Senate Committee on 
Commerce, Science, and Transportation. On June 26, 2003, the 
bill was considered by the Committee in an open executive 
session. The Committee, without objection, ordered S. 247 be 
reported with an amendment in the nature substitute. Senators 
Levin, DeWine, and Voinovich were added as co-sponsors on July 
7, 2003.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

S. 247--Harmful Algal Bloom and Hypoxia Amendments Act of 2003

    Summary: S. 247 would reauthorize the Harmful Algal Bloom 
and Hypoxia Research and Control Act of 1998 for the next five 
years. This legislation also would extend the life of a federal 
interagency task force established to assess the problems of 
algal blooms and hypoxia. Algal blooms are unusual 
concentrations of algae that produce toxins that are implicated 
in fish kills and are considered a possible threat to public 
health. They also can lead to other damaging marine conditions 
such as hpoxia, which occurs when an algal bloom dies and 
decomposes, reducing oxygen in the waters to levels that are 
harmful to aquatic life.
    This legislation would authorize the appropriation of $26 
million in 2004 and $135 million over the 2004-2008 period for 
various efforts by an interagency task force to control aquatic 
problems related to algal blooms and hypoxia. Such efforts 
would include research, education, and management activities 
related to preventing, reducing, and controlling algal blooms, 
local and regional assessments of harmful algal blooms and 
hypoxia, and the development of a prediction and response plan 
to protect the environment and public health from harmful algal 
blooms.
    CBO estimates that implementing S. 247 would cost $118 
million over the 2004-2008 period, assuming appropriation of 
the authorized amounts. Enacting S. 247 would not affect direct 
spending or revenues. The legislation contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 247 is shown in the following table. The 
costs of this legislation fall within budget function 300 
(natural resources and environment). CBO assumes that S. 247 
will be enacted by September 30, 2003, and that the amounts 
authorized by the bill will be appropriated near the start of 
each fiscal year. Estimated outlays are based on historical 
spending patterns for similar programs.

----------------------------------------------------------------------------------------------------------------
                                                                  By fiscal year, in millions of dollars--
                                                           -----------------------------------------------------
                                                              2003     2004     2005     2006     2007     2008
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Spending under current law:
    Budget authority \1\..................................       16        0        0        0        0        0
    Estimated outlays.....................................       16        6        2        1        0        0
Proposed changes:
    Authorization level...................................        0       26       27       27       28       28
    Estimated outlays.....................................        0       16       23       25       26       28
Spending under S. 247:
    Authorization level \1\...............................       16       26       27       27       28       28
    Estimated outlays.....................................       16       22       25       26       26       28
----------------------------------------------------------------------------------------------------------------
\1\ The 2003 level is the amount appropriated for that year for activities currently being performed under the
  Harmful Algal Bloom and Hypoxia Research and Control Act of 1998.

    Intergovernmental and private-sector impact: The 
legislation contains no intergovernmental or private-sector 
mandates as defined in UMRA and would impose no costs on state, 
local, or tribal governments.
    Estimate prepared by: Federal Costs: Susanne S. Mehlman. 
Impact on State, Local, and Tribal Governments: Marjorie 
Miller. Impact on the Private Sector: Cecil McPherson.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  The bill would require the development of Federal inter-
agency assessments on harmful algal blooms and hypoxia, as well 
as prediction and response plans at the request of State, 
tribal, and local governments. It does not authorize any new 
regulations and therefore will not subject any individuals or 
businesses to new regulations.

                            ECONOMIC IMPACT

  The bill would authorize $26 million in FY 2004, $26.5 
million in FY 2005, $27 million in FY 2006, $27.5 million for 
FY 2007, and $28 million for FY 2008 in appropriations to the 
Secretary of Commerce. These funding levels are relatively 
modest and are not expected to have an inflationary impact on 
the nation's economy.

                                PRIVACY

  The bill will not have any adverse impact on the personal 
privacy of individuals.

                               PAPERWORK

  The bill will not increase paperwork requirements for the 
private sector. It requires the development of two one-time 
Federal inter-agency assessments: local and regional 
assessments to be conducted at the request of State, tribal, or 
local governments; and a Federal inter-agency scientific 
assessment to be conducted every five years.

                      Section-by-Section Analysis


Section 1. Short Title

  This section states the Act would be entitled the ``Harmful 
Algal Bloom and Hypoxia Amendments Act of 2003.''

Section 2. Retention of Task Force

  This section would amend section 603 of the Harmful Algal 
Bloom and Hypoxia Research and Control Act of 1998 by striking 
subsection (e), thereby making the Inter-Agency Task Force on 
Harmful Algal Blooms and Hypoxia permanent.

Section 3. Prediction and Response Plan

  This section would require the development of a Prediction 
and Response Plan to be submitted to Congress not later then 12 
months after the date of enactment. This plan would be designed 
to protect environmental and public health from the impacts of 
harmful algal blooms. It would require a review and evaluation 
of techniques for predicting HAB outbreaks, identify innovative 
response measures, and include partnership approaches.

Section 4. Local and Regional Assessments

  This section would authorize the Secretary of Commerce, in 
coordination with the Task Force and to the extent that funds 
are available, to provide for local and regional assessments of 
hypoxia and harmful algal blooms, as requested by coastal 
States, Indian tribes, and local governments. It also would 
require the Inter-Agency Task Force on Harmful Algal Blooms and 
Hypoxia to conduct a scientific assessment of Great Lakes 
harmful algal blooms within 24 months of enactment and a 
scientific assessment of hypoxia in United States coastal 
waters, including the Great Lakes, not less than once every 
five years with the first assessment within 24 months of 
enactment.

Section 5. Authorization of Appropriations

  This section would authorize $26 million in FY 2004, $26.5 
million in FY 2005, $27 million in FY 2006, $27.5 million in FY 
2007, and $28 million in FY 2008 to the Secretary of Commerce 
for research, education, and monitoring activities related to 
the prevention, reduction, and control of harmful algal blooms 
and hypoxia. This funding authorization is further allocated 
for the following programs:
          --National Oceanic and Atmospheric Administration's 
        (NOAA) research and assessment activities at the 
        research laboratories of the National Ocean Service and 
        the National Marine Fisheries Service: $2.5 million 
        annually for FY 2004 through 2008;
          --Ecology and Oceanography of Harmful Algal Blooms 
        (ECOHAB) project under the Coastal Ocean Program: $8.2 
        million annually for FY 2004 through FY 2008, of which 
        $2 million would be used to conduct the scientific 
        assessment of Great Lakes harmful algal blooms required 
        under Section 4 of this bill;
          --NOAA's National Ocean Service to conduct peer-
        reviewed research on management measures that can be 
        taken to prevent, reduce, control, and mitigate harmful 
        algal blooms: $2 million for FY 2004, and $3 million 
        annually for FY 2005 through FY 2008.
          --Federal and State annual monitoring and analysis 
        activities for harmful algal blooms administered by the 
        National Ocean Service: $6 million annually for FY 2004 
        through FY 2008;
          --Activities related to research and monitoring on 
        hypoxia by the National Ocean Service and NOAA's Office 
        of Oceanic and Atmospheric Research: $5 million for FY 
        2004, $5.5 million for FY 2005, $6.6 million for FY 
        2006, $7.1 million for FY 2007, and $7.6 for FY 2008; 
        and
          --The Secretary of Commerce, in coordination with the 
        Inter-Agency Task Force on Harmful Algal Blooms and 
        Hypoxia, to conduct the Local and Regional Assessments 
        which would be created under Section 4: $3 million 
        annually for FY 2004 through FY 2008.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):
  

    HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND CONTROL ACT OF 1998


[16 U.S.C. 1451 NT]

           *       *       *       *       *       *       *


SEC. 603. ASSESSMENTS.

  (a) Establishment of Inter-Agency Task Force.--The President, 
through the Committee on Environment and Natural Resources of 
the National Science and Technology Council, shall establish an 
Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia 
(hereinafter referred to as the ``Task Force''). The Task Force 
shall consist of the following representatives from--
          (1) the Department of Commerce (who shall serve as 
        Chairman of the Task Force);
          (2) the Environmental Protection Agency;
          (3) the Department of Agriculture;
          (4) the Department of the Interior;
          (5) the Department of the Navy;
          (6) the Department of Health and Human Services;
          (7) the National Science Foundation;
          (8) the National Aeronautics and Space 
        Administration;
          (9) the Food and Drug Administration;
          (10) the Office of Science and Technology Policy;
          (11) the Council on Environmental Quality; and
          (12) such other Federal agencies as the President 
        considers appropriate.
  (b) Assessment of Harmful Algal Blooms.--
          (1) Not later than 12 months after the date of the 
        enactment of this title, the Task Force, in cooperation 
        with the coastal States, Indian tribes, and local 
        governments, industry (including agricultural 
        organizations), academic institutions, and non-
        governmental organizations with expertise in coastal 
        zone management, shall complete and submit to the 
        Congress an assessment which examines the ecological 
        and economic consequences of harmful algal blooms, 
        alternatives for reducing, mitigating, and controlling 
        harmful algal blooms, and the social and economic costs 
        and benefits of such alternatives.
          (2) The assessment shall--
                  (A) identify alternatives for preventing 
                unnecessary duplication of effort among Federal 
                agencies and departments with respect to 
                harmful algal blooms; and
                  (B) provide for Federal cooperation and 
                coordination with and assistance to the coastal 
                States, Indian tribes, and local governments in 
                the prevention, reduction, management, 
                mitigation, and control of harmful algal blooms 
                and their environmental and public health 
                impacts.
  (c) Assessment of Hypoxia.--
          (1) Not later than 12 months after the date of the 
        enactment of this title, the Task Force, in cooperation 
        with the States, Indian tribes, local governments, 
        industry, agricultural, academic institutions, and non-
        governmental organizations with expertise in watershed 
        and coastal zone management, shall complete and submit 
        to the Congress an assessment which examines the 
        ecological and economic consequences of hypoxia in 
        United States coastal waters, alternatives for 
        reducing, mitigating, and controlling hypoxia, and the 
        social and economic costs and benefits of such 
        alternatives.
          (2) The assessment shall--
                  (A) establish needs, priorities, and 
                guidelines for a peer-reviewed, interagency 
                research program on the causes, 
                characteristics, and impacts of hypoxia;
                  (B) identify alternatives for preventing 
                unnecessary duplication of effort among Federal 
                agencies and departments with respect to 
                hypoxia; and
                  (C) provide for Federal cooperation and 
                coordination with and assistance to the States, 
                Indian tribes, and local governments in the 
                prevention, reduction, management, mitigation, 
                and control of hypoxia and its environmental 
                impacts.
  [(e) Disestablishment of Task Force.--The President may 
disestablish the Task Force after submission of the plan in 
section 604(d).]
  (e) Prediction and Response Plan.--
          (1) Development of plan.--Not later then 12 months 
        after the date of enactment of the Harmful Algal Bloom 
        and Hypoxia Amendments Act of 2003, the President, in 
        consultation with the chief executive officers of the 
        States, shall develop and submit to the Congress a plan 
        to protect environmental and public health from impacts 
        of harmful algal blooms. In developing the plan, the 
        President shall consult with the Task Force, the 
        coastal States, Indian tribes, local governments, 
        industry, academic institutions, and non-governmental 
        organizations with expertise in coastal zone science 
        and management.
          (2) Plan requirements.--The plan 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 
                implementation;
                  (B) identify innovative response measures for 
                the prevention, control, and mitigation of 
                harmful algal blooms and provisions for their 
                development and implementation; and
                  (C) include incentive-based partnership 
                approaches where practicable.
          (3) Publication and opportunity for comment.--At 
        least 90 days before submitting the plan 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 in implementing 
        measures in paragraph (2), as requested.
  (f) Local and Regional Assessments.--
          (1) In general.--The Secretary of Commerce, in 
        coordination with the Task Force and to the extent of 
        funds available, shall provide for local and regional 
        assessments of hypoxia and harmful algal blooms, as 
        requested by coastal States, Indian tribes, and local 
        governments.
          (2) Purpose.--Local and regional assessments may 
        examine--
                  (A) the causes of hypoxia or harmful algal 
                blooms in that area;
                  (B) the ecological and economic impacts of 
                hypoxia or harmful algal blooms;
                  (C) alternatives to reduce, mitigate, and 
                control hypoxia and harmful algal blooms; and
                  (D) the social and economic costs and 
                benefits of such alternatives.
  (g) Scientific Assessment of Great Lakes 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 2003 the Task Force shall 
        complete and submit to Congress a scientific assessment 
        of current knowledge about harmful algal blooms in the 
        Great Lakes, including a research plan for coordinating 
        Federal efforts to better understand Great Lakes 
        harmful algal blooms.
          (2) The Great Lakes 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 Great Lakes 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 Great Lakes 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 
                Great Lakes locations.
  (h) 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 Research Amendments Act of 2003.
          (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.

           *       *       *       *       *       *       *


SEC. 605. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of 
Commerce for research, education, and monitoring activities 
related to the prevention, reduction, and control of harmful 
algal blooms and hypoxia, $15,000,000 for fiscal year 1999, 
$18,250,000 for fiscal year 2000, [and] $19,000,000 for fiscal 
year 2001, $26,000,000 for fiscal year 2004, $26,500,000 for 
fiscal year 2005, $27,000,000 for fiscal year 2006, $27,500,000 
for fiscal year 2007, and $28,000,000 for fiscal year 2008 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 
section. Of such amounts for each fiscal year--
          (1) $1,500,000 for fiscal year 1999, $1,500,000 for 
        fiscal year 2000, [and] $2,000,000 for fiscal year 
        [2001] 2001 and $2,500,000 for each of fiscal years 
        2004 through 2008 may 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) $4,000,000 for fiscal year 1999, $5,500,000 for 
        fiscal year 2000, [and] $5,500,000 for fiscal year 
        [2001] 2001, and $8,200,000, of which $2,000,000 shall 
        be used for the research program described in section 
        603(g)(2)(B), for each of fiscal years 2004 through 
        2008  may be used to carry out the Ecology and 
        Oceanography of Harmful Algal Blooms (ECOHAB) project 
        under the Coastal Ocean Program established under 
        section 201(c) of Public Law 102-567;
          (3) $1,000,000 for fiscal year 1999, $2,000,000 for 
        fiscal year 2000, [and] $2,000,000 for fiscal year 
        [2001] 2001, $2,000,000 for fiscal year 2004, 
        $3,000,000 for fiscal year 2005, $3,000,000 for fiscal 
        year 2006, $3,000,000 for fiscal year 2007, and 
        $3,000,000 for fiscal year 2008, may be used by the 
        National Ocean Service of the National Oceanic and 
        Atmospheric Administration to carry out a peer-reviewed 
        research project on management measures that can be 
        taken to prevent, reduce, control, and mitigate harmful 
        algal [blooms;] blooms and to implement section 603(e);
          (4) $5,500,000 for each of the fiscal years 1999, 
        2000, and [2001] 2001, and $6,000,000 for each of 
        fiscal years 2004 through 2008, may be used to carry 
        out Federal and State annual monitoring and analysis 
        activities for harmful algal blooms administered by the 
        National Ocean Service of the National Oceanic and 
        Atmospheric Administration; [and]
          (5) $3,000,000 for fiscal year 1999, $3,750,000 for 
        fiscal year 2000, [and] $4,000,000 for fiscal year 
        [2001] 2001, $5,000,000 for fiscal year 2004, 
        $5,500,000 for fiscal year 2005, $6,600,000 for fiscal 
        year 2006, $7,100,000 for fiscal year 2007, and 
        $7,600,000 for fiscal year 2008, may be used for 
        activities related to research and monitoring on 
        hypoxia by the National Ocean Service and the Office of 
        Oceanic and Atmospheric Research of the National 
        Oceanic and Atmospheric [Administration.] 
        Administration; and
          (6) $3,000,000 for each of fiscal years 2004 through 
        2008 to carry out section 603(f).

                                
