PUBLIC LAW 108–456—DEC. 10, 2004

HARMFUL ALGAL BLOOM AND HYPOXIA

RESEARCH AND CONTROL

REAUTHORIZATION

118 STAT. 3630 PUBLIC LAW 108–456—DEC. 10, 2004

Public Law 108–456

108th Congress

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,

TITLE I—HARMFUL ALGAL BLOOM AND

HYPOXIA AMENDMENTS ACT OF 2004

SEC. 101. SHORT TITLE.

This title may be cited as the ‘‘Harmful Algal Bloom and

Hypoxia Amendments Act of 2004’’.

SEC. 102. 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. 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 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—

President.

16 USC 1451

note.

16 USC 1451

note.

16 USC 1451

note.

Harmful Algal

Bloom and

Hypoxia

Amendments Act

of 2004.

Dec. 10, 2004

[S. 3014]

PUBLIC LAW 108–456—DEC. 10, 2004 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 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. 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

Deadlines.

16 USC 1451

note.

Deadline.

President.

Federal Register,

publication.

118 STAT. 3632 PUBLIC LAW 108–456—DEC. 10, 2004

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;

PUBLIC LAW 108–456—DEC. 10, 2004 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. 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’’;

16 USC 1451

note.

118 STAT. 3634 PUBLIC LAW 108–456—DEC. 10, 2004

(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.

PUBLIC LAW 108–456—DEC. 10, 2004 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. 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.

Mexico.

118 STAT. 3636 PUBLIC LAW 108–456—DEC. 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.

Æ

(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.