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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1856 Reported in House (RH)]

                                                 Union Calendar No. 264
108th CONGRESS
  2d Session
                                H. R. 1856

                      [Report No. 108-326, Part I]

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 29, 2003

  Mr. Ehlers introduced the following bill; which was referred to the 
 Committee on Science, and in addition to the Committee on Resources, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

                            October 24, 2003

        Reported from the Committee on Science with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                            October 24, 2003

Referral to the Committee on Resources extended for a period ending not 
                      later than October 31, 2003

                            October 31, 2003

Referral to the Committee on Resources extended for a period ending not 
                      later than November 7, 2003

                            November 7, 2003

Referral to the Committee on Resources extended for a period ending not 
                      later than November 21, 2003

                            November 7, 2003

 Referred to the Committee on Transportation and Infrastructure for a 
 period ending not later than November 21, 2003, for consideration of 
     such provisions of the bill and amendment as fall within the 
     jurisdiction of that committee pursuant to clause 1(q), rule X

                           November 21, 2003

    Referral to the Committees on Resources and Transportation and 
Infrastructure extended for a period ending not later than January 31, 
                                  2004

                            January 31, 2004

    Referral to the Committees on Resources, and Transportation and 
  Infrastructure extended for a period ending not later than April 2, 
                                  2004

                             April 2, 2004

 Additional sponsors: Mr. English, Ms. Kaptur, Mr. Bonner, Mr. Upton, 
 Mr. Greenwood, Mr. McHugh, Mr. Brown of Ohio, Mr. Holt, Ms. Lee, Mr. 
Schiff, Mr. Levin, Mr. Putnam, Ms. Harris, Mr. Lipinski, Mr. Burr, Mr. 
  Delahunt, Mr. Kline, Mrs. Davis of California, Mr. Honda, Mr. Kind, 
              Mrs. Jones of Ohio, and Mr. Davis of Florida

                             April 2, 2004

    Committees on Resources, and Transportation and Infrastructure 
discharged; committed to the Committee of the Whole House on the State 
                 of the Union and ordered to be printed
 [For text of introduced bill, see copy of bill as introduced on April 
                               29, 2003]

_______________________________________________________________________

                                 A BILL

 
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 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 note) is amended by striking 
subsection (e).

SEC. 3. SCIENTIFIC ASSESSMENTS AND RESEARCH PLANS.

    Such section 603 is further amended--
            (1) in subsection (a) by adding at the end the following:
``In developing the assessments and research 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 research 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, academic 
institutions, and non-governmental organizations throughout the 
development of the assessments and research 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 the 
Committee on Science of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate 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 2003 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 policy and management 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 2003 the Task Force 
shall complete and submit to the Committee on Science of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate 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 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 2003, the Task Force shall develop and submit to the Committee 
on Science of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a research plan 
providing for a comprehensive and coordinated national research program 
to develop 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 research plan shall--
            ``(A) establish priorities and guidelines for a 
        competitive, peer-reviewed, merit-based interagency research 
        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, under the Coastal Ocean Science 
Program established under section 201(c) of the National Oceanic and 
Atmospheric Administration Authorization Act of 1992, and in 
conjunction with other appropriate Federal agencies, shall establish a 
research 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 research 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 the Committee 
on Science of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate 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 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.
    ``(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) 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. PREDICTION AND RESPONSE PLAN.

    Section 603 of such Act is further amended by adding at the end the 
following new subsection:
    ``(g) Prediction and Response Plan.--
            ``(1) Development of plan.--Not later than 12 months after 
        the date of enactment of the Harmful Algal Bloom and Hypoxia 
        Research Amendments Act of 2003, the President, in conjunction 
        with the chief executive officers of the States, shall develop 
        and submit to the Congress a plan to protect the environment 
        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 nongovernmental 
        organizations with appropriate expertise.
            ``(2) Plan requirements.--The plan shall--
                    ``(A) review techniques for prediction of the 
                onset, course, and impacts of harmful algal blooms, 
                including an evaluation of their accuracy and utility 
                in protecting the environment and public health and an 
                assessment of the resources required for their 
                implementation; and
                    ``(B) identify innovative response measures for the 
                prevention, control, and mitigation of harmful algal 
                blooms and identify steps needed for their development 
                and implementation.
            ``(3) Publication and opportunity for comment.--At least 90 
        days before submitting the plan to Congress, the President 
        shall publish a summary of the proposed plan in the Federal 
        Register for a public comment period of not less than 60 
        days.''.

SEC. 5. 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, and monitoring activities related to 
the prevention, reduction, and control of harmful algal blooms and 
hypoxia, $29,200,000 for fiscal year 2004, $30,700,000 for fiscal year 
2005, and $31,200,000 for fiscal year 2006, 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) $3,000,000 for each of fiscal years 2004, 2005, and 
        2006 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) $10,200,000 for each of fiscal years 2004, 2005, and 
        2006 shall be used to carry out the Ecology and Oceanography of 
        Harmful Algal Blooms (ECOHAB) project under the Coastal Ocean 
        Science Program established under section 201(c) of the 
        National Oceanic and Atmospheric Administration Authorization 
        Act of 1992, with $2,000,000 of such amount used to carry out 
        research on freshwater harmful algal blooms;
            ``(3) $2,000,000 for fiscal year 2004, $3,000,000 for 
        fiscal year 2005, and $3,000,000 for fiscal year 2006 shall be 
        used to carry out the research program described in section 
        603(d)(3);
            ``(4) $6,000,000 for each of fiscal years 2004, 2005, and 
        2006 shall be used to carry out the Monitoring and Event 
        Response for Harmful Algal Blooms (MERHAB) project under the 
        Coastal Ocean Science Program established under section 201(c) 
        of the National Oceanic and Atmospheric Administration 
        Authorization Act of 1992;
            ``(5) $5,000,000 for fiscal year 2004, $5,500,000 for 
        fiscal year 2005, and $6,000,000 for fiscal year 2006 shall be 
        used for activities related to research and monitoring on 
        hypoxia through the Coastal Ocean Science Program established 
        under section 201(c) of the National Oceanic and Atmospheric 
        Administration Authorization Act of 1992; and
            ``(6) $3,000,000 for each of fiscal years 2004, 2005, and 
        2006 shall be used to carry out the activities described in 
        section 603(f).''.

SEC. 6. COASTAL OCEAN SCIENCE PROGRAM.

    Section 201(c) of the National Oceanic and Atmospheric 
Administration Authorization Act of 1992 is amended to read as follows:
    ``(c) Coastal Ocean Science Program.--
            ``(1) In general.--There shall be in the National Oceanic 
        and Atmospheric Administration a Coastal Ocean Science Program 
        that supports Great Lakes, estuarine, and coastal ocean 
        research and assessment through competitive, peer-reviewed, and 
        merit-based research programs.
            ``(2) Program elements.--The Coastal Ocean Science Program 
        shall augment and integrate existing research capabilities of 
        the National Oceanic and Atmospheric Administration, other 
        Federal agencies, and the academic community. Research shall be 
        conducted to improve predictions of ecosystem trends in Great 
        Lakes, estuarine, and coastal ocean resources; to better 
        conserve and manage living marine resources; to improve 
        predictions of effects of coastal and Great Lakes pollution to 
        help correct and prevent environmental degradation; to improve 
        understanding and characterization of the role oceans play in 
        global climate and environmental analysis; and to improve 
        predictions of coastal hazards to protect human life, personal 
        property, and ecosystem function.
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary of Commerce for 
        implementing the Coastal Ocean Science Program $34,000,000 for 
        fiscal year 2004, $36,000,000 for fiscal year 2005, and 
        $38,000,000 for fiscal year 2006.''.

                                                 Union Calendar No. 264

108th CONGRESS

  2d Session

                               H. R. 1856

                      [Report No. 108-326, Part I]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             April 2, 2004

    Committees on Resources, and Transportation and Infrastructure 
discharged; committed to the Committee of the Whole House on the State 
                 of the Union and ordered to be printed
```