Text: S.3014 — 108th Congress (2003-2004)All Information (Except Text)

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Public Law No: 108-456 (12/10/2004)

 
[108th Congress Public Law 456]
[From the U.S. Government Printing Office]


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[DOCID: f:publ456.108]


[[Page 3629]]

  HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND CONTROL REAUTHORIZATION

[[Page 118 STAT. 3630]]

Public Law 108-456
108th Congress

                                 An Act


 
To reauthorize the Harmful Algal Bloom and Hypoxia Research and Control 
    Act of 1998, <<NOTE: Dec. 10, 2004 -  [S. 3014]>> 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 <<NOTE: Harmful Algal Bloom and Hypoxia Amendments Act 
of 2004.>> ALGAL BLOOM AND HYPOXIA AMENDMENTS ACT OF 2004

SEC. 101. <<NOTE: 16 USC 1451 note.>> SHORT TITLE.

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

SEC. 102. <<NOTE: 16 USC 1451 note.>> 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. <<NOTE: 16 USC 1451 note.>> 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 <<NOTE: President.>> 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--

[[Page 118 STAT. 3631]]

                    ``(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 <<NOTE: Deadline. President. Federal 
        Register, 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. <<NOTE: Deadlines. 16 USC 1451 note.>> 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

[[Page 118 STAT. 3632]]

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;

[[Page 118 STAT. 3633]]

            ``(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. <<NOTE: 16 USC 1451 note.>> 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'';

[[Page 118 STAT. 3634]]

            (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.

[[Page 118 STAT. 3635]]

            (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. <<NOTE: Mexico.>> 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.

[[Page 118 STAT. 3636]]

    (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.

    Approved December 10, 2004.

LEGISLATIVE HISTORY--S. 3014 (H.R. 1856):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 108-326, Pt. 1, accompanying H.R. 1856 (Comm. on 
Resources).
CONGRESSIONAL RECORD, Vol. 150 (2004):
            Nov. 19, considered and passed Senate.
            Nov. 20, considered and passed House.

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