S. 247

Harmful Algal Bloom and Hypoxia Amendments Act of 2003

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        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 247 Engrossed in Senate (ES)]

108th CONGRESS
1st Session
S. 247

_______________________________________________________________________

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
Amendments Act of 2003''.

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 nt) is amended by striking
subsection (e).

SEC. 3. PREDICTION AND RESPONSE PLAN.

Section 603 of such Act, as amended by section 2, is further
amended by adding at the end the following:
``(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.''.

SEC. 4. LOCAL AND REGIONAL ASSESSMENTS.

Section 603 of such Act, as amended by section 3, is further
amended by adding at the end the following:
``(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. 5. 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 ``$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'' after ``2001,'' in the first sentence;
(3) by inserting ``and $2,500,000 for each of fiscal years
2004 through 2008'' after ``2001'' in paragraph (1);
(4) by inserting ``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''
after ``2001'' in paragraph (2);
(5) by striking ``2001'' in paragraph (3) and inserting
``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'';
(6) by striking ``blooms;'' in paragraph (3) and inserting
``blooms and to implement section 603(e);'';
(7) by striking ``2001'' in paragraph (4) and inserting
``2001, and $6,000,000 for each of fiscal years 2004 through
2008'';
(8) by striking ``and'' after the semicolon in paragraph
(4);
(9) by striking ``2001'' in paragraph (5) and inserting
``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'';
(10) by striking ``Administration.'' in paragraph (5) and
inserting ``Administration; and''; and
(11) by adding at the end the following:
``(6) $3,000,000 for each of fiscal years 2004 through 2008
to carry out section 603(f).''.

Passed the Senate October 28, 2003.

Attest:

Secretary.
108th CONGRESS

1st Session

S. 247.es

_______________________________________________________________________

AN ACT

To reauthorize the Harmful Algal Bloom and Hypoxia Research and Control
Act of 1998, and for other purposes.