[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1856 Referred in Senate (RFS)]
2d Session
H. R. 1856
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 8, 2004
Received; read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Harmful Algal Bloom and Hypoxia
Research Amendments Act of 2004''.
SEC. 2. RETENTION OF TASK FORCE.
Section 603 of the Harmful Algal Bloom and Hypoxia Research and
Control Act of 1998 (16 U.S.C. 1451 note) is amended by striking
subsection (e).
SEC. 3. SCIENTIFIC ASSESSMENTS AND RESEARCH, DEMONSTRATION, AND
TECHNOLOGY TRANSFER PLANS.
Such section 603 is further amended--
(1) in subsection (a) by adding at the end the following:
``In developing the assessments and plans described in subsections (b),
(c), (d), (e), and (f), the Task Force shall work with appropriate
State, Indian tribe, and local governments to ensure that the
assessments and plans fulfill the requirements of subsections (b)(2),
(c)(2), (d)(2), (e)(2), and (f)(2). Additionally, the Task Force shall
consult with appropriate industry (including agriculture and fertilizer
industry), academic institutions, and non-governmental organizations
throughout the development of the assessments and plans.''; and
(2) by striking subsections (b) and (c) and inserting the
following:
``(b) 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 Research Amendments Act of 2004 and should 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.
``(c) 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 Research 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 locations
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 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
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.
``(d) National Scientific Research, Development, Demonstration, and
Technology Transfer Plan Into Reducing Impacts From Harmful Algal
Blooms.--(1) Not later than 12 months after the date of enactment of
the Harmful Algal Bloom and Hypoxia Research 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.
``(e) Scientific Assessments of Hypoxia.--(1) Not less than once
every 5 years the Task Force shall complete and submit to 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 12 months after the date of enactment of the Harmful
Algal Bloom and Hypoxia Research 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 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.
``(f) Local and Regional Scientific Assessments.--(1) The Secretary
of Commerce, in coordination with the Task Force and appropriate State,
Indian tribe, and local governments, shall provide for local and
regional scientific assessments of hypoxia or harmful algal blooms, as
requested by State, Indian tribe, or 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) The scientific assessments under this subsection shall
examine--
``(A) the causes and ecological consequences, and the
economic costs, 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.''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
Section 605 of such Act is amended to read as follows:
``SEC. 605. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary of
Commerce for research, education, monitoring, demonstration, and
technology transfer activities related to the prevention, reduction,
and control of harmful algal blooms and hypoxia, $19,000,000 for each
of fiscal years 2005, 2006, and 2007, 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 title. Of such amounts for each fiscal year--
``(1) $1,500,000 for each of fiscal years 2005, 2006, and
2007 shall 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) $3,000,000 for each of fiscal years 2005, 2006, and
2007 shall be used to carry out the Ecology and Oceanography of
Harmful Algal Blooms (ECOHAB) project, with $1,000,000 of such
amount used to carry out research on freshwater harmful algal
blooms;
``(3) $4,000,000 for each of fiscal years 2005, 2006, and
2007 shall be used to carry out the research program described
in section 603(d)(3);
``(4) $7,000,000 for each of fiscal years 2005, 2006, and
2007 shall be used to carry out the Monitoring and Event
Response for Harmful Algal Blooms (MERHAB) project;
``(5) $2,000,000 for each of fiscal years 2005, 2006, and
2007 shall be used for activities related to research and
monitoring on hypoxia; and
``(6) $1,500,000 for each of fiscal years 2005, 2006, and
2007 shall be used to carry out the activities described in
section 603(f).
Amounts authorized under paragraphs (2), (3), (4), and (5) shall only
be used to support competitive, peer-reviewed research programs.''.
Passed the House of Representatives July 7, 2004.
Attest:
JEFF TRANDAHL,
Clerk.