[United States Statutes at Large, Volume 118, 108th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]

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--

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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 3632]]
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 3633]]
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 3634]]
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 3635]]
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 3636]]
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.