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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Harmful Algal Bloom

5 and Hypoxia Amendments Act of 2003’’.
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1 SEC. 2. RETENTION OF TASK FORCE.

2 Section 603 of the Harmful Algal Bloom and Hy3 poxia Research and Control Act of 1998 (16 U.S.C. 1451

4 nt) is amended by striking subsection (e).

5 SEC. 3. PREDICTION AND RESPONSE PLAN.

6 Section 603 of such Act, as amended by section 2,

7 is further amended by adding at the end the following:

8 ‘‘(e) PREDICTION AND RESPONSE PLAN.—

9 ‘‘(1) DEVELOPMENT OF PLAN.—Not later then

10 12 months after the date of enactment of the Harm11 ful Algal Bloom and Hypoxia Amendments Act of

12 2003, the President, in consultation with the chief

13 executive officers of the States, shall develop and

14 submit to the Congress a plan to protect environ15 mental and public health from impacts of harmful

16 algal blooms. In developing the plan, the President

17 shall consult with the Task Force, the coastal

18 States, Indian tribes, local governments, industry,

19 academic institutions, and non-governmental organi20 zations with expertise in coastal zone science and

21 management.

22 ‘‘(2) PLAN REQUIREMENTS.—The plan shall—

23 ‘‘(A) review techniques for prediction of

24 the onset, course, and impacts of harmful algal

25 blooms including evaluation of their accuracy
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1 and utility in protecting environmental and

2 public health and provisions for implementation;

3 ‘‘(B) identify innovative response measures

4 for the prevention, control, and mitigation of

5 harmful algal blooms and provisions for their

6 development and implementation; and

7 ‘‘(C) include incentive-based partnership

8 approaches where practicable.

9 ‘‘(3) PUBLICATION AND OPPORTUNITY FOR

10 COMMENT.—At least 90 days before submitting the

11 plan to the Congress, the President shall cause a

12 summary of the proposed plan to be published in the

13 Federal Register for a public comment period of not

14 less than 60 days.

15 ‘‘(4) FEDERAL ASSISTANCE.—The Secretary of

16 Commerce, in coordination with the Task Force and

17 to the extent of funds available, shall provide for

18 Federal cooperation with and assistance to the

19 coastal States, Indian tribes, and local governments

20 in implementing measures in paragraph (2), as re21 quested.’’.

22 SEC. 4. LOCAL AND REGIONAL ASSESSMENTS.

23 Section 603 of such Act, as amended by section 3,

24 is further amended by adding at the end the following:

25 ‘‘(f) LOCAL AND REGIONAL ASSESSMENTS.—
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1 ‘‘(1) IN GENERAL.—The Secretary of Com2 merce, in coordination with the Task Force and to

3 the extent of funds available, shall provide for local

4 and regional assessments of hypoxia and harmful

5 algal blooms, as requested by coastal States, Indian

6 tribes, and local governments.

7 ‘‘(2) PURPOSE.—Local and regional assess8 ments may examine—

9 ‘‘(A) the causes of hypoxia or harmful

10 algal blooms in that area;

11 ‘‘(B) the ecological and economic impacts

12 of hypoxia or harmful algal blooms;

13 ‘‘(C) alternatives to reduce, mitigate, and

14 control hypoxia and harmful algal blooms; and

15 ‘‘(D) the social and economic costs and

16 benefits of such alternatives.’.

17 ‘‘(g) SCIENTIFIC ASSESSMENT OF GREAT LAKES

18 HARMFUL ALGAL BLOOMS.—

19 ‘‘(1) Not later than 24 months after the date

20 of enactment of the Harmful Algal Bloom and Hy21 poxia Research Amendments Act of 2003 the Task

22 Force shall complete and submit to Congress a sci23 entific assessment of current knowledge about harm24 ful algal blooms in the Great Lakes, including a re-
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1 search plan for coordinating Federal efforts to better

2 understand Great Lakes harmful algal blooms.

3 ‘‘(2) The Great Lakes harmful algal bloom sci4 entific assessment shall—

5 ‘‘(A) examine the causes and ecological

6 consequences, and the economic costs, of harm7 ful algal blooms with significant effects on

8 Great Lakes locations, including estimations of

9 the frequency and occurrence of significant

10 events;

11 ‘‘(B) establish priorities and guidelines for

12 a competitive, peer-reviewed, merit-based inter13 agency research program, as part of the Ecol14 ogy and Oceanography of Harmful Algal

15 Blooms (ECOHAB) project, to better under16 stand the causes, characteristics, and impacts

17 of harmful algal blooms in Great Lakes loca18 tions; and

19 ‘‘(C) identify ways to improve coordination

20 and to prevent unnecessary duplication of effort

21 among Federal agencies and departments with

22 respect to research on harmful algal blooms in

23 Great Lakes locations.

24 ‘‘(h) SCIENTIFIC ASSESSMENTS OF HYPOXIA.—
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1 ‘‘(1) Not less than once every 5 years the Task

2 Force shall complete and submit to the Congress a

3 scientific assessment of hypoxia in United States

4 coastal waters including the Great Lakes. The first

5 such assessment shall be completed not less than 24

6 months after the date of enactment of the Harmful

7 Algal Bloom and Hypoxia Research Amendments

8 Act of 2003.

9 ‘‘(2) The assessments under this subsection

10 shall—

11 ‘‘(A) examine the causes and ecological

12 consequences, and the economic costs, of hy13 poxia;

14 ‘‘(B) describe the potential ecological and

15 economic costs and benefits of possible policy

16 and management actions for preventing, con17 trolling, and mitigating hypoxia;

18 ‘‘(C) evaluate progress made by, and the

19 needs of, Federal research programs on the

20 causes, characteristics, and impacts of hypoxia,

21 including recommendations of how to eliminate

22 significant gaps in hypoxia modeling and moni23 toring data; and

24 ‘‘(D) identify ways to improve coordination

25 and to prevent unnecessary duplication of effort
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1 among Federal agencies and departments with

2 respect to research on hypoxia.’’.

3 SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

4 Section 605 of such Act is amended—

5 (1) by striking ‘‘and’’ after ‘‘2000,’’ in the first

6 sentence and in the paragraphs (1), (2), (3), and

7 (5);

8 (2) by inserting ‘‘$26,000,000 for fiscal year

9 2004, $26,500,000 for fiscal year 2005,

10 $27,000,000 for fiscal year 2006, $27,500,000 for

11 fiscal year 2007, and $28,000,000 for fiscal year

12 2008’’ after ‘‘2001,’’ in the first sentence;

13 (3) by inserting ‘‘and $2,500,000 for each of

14 fiscal years 2004 through 2008’’ after ‘‘2001’’ in

15 paragraph (1);

16 (4) by inserting ‘‘and $8,200,000, of which

17 $2,000,000 shall be used for the research program

18 described in section 603(g)(2)(B), for each of fiscal

19 years 2004 through 2008’’ after ‘‘2001’’ in para20 graph (2);

21 (5) by striking ‘‘2001’’ in paragraph (3) and in22 serting ‘‘2001, $2,000,000 for fiscal year 2004,

23 $3,000,000 for fiscal year 2005, $3,000,000 for fis24 cal year 2006, $3,000,000 for fiscal year 2007, and

25 $3,000,000 for fiscal year 2008’’;
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1 (6) by striking ‘‘blooms;’’ in paragraph (3) and

2 inserting ‘‘blooms and to implement section

3 603(e);’’;

4 (7) by striking ‘‘2001’’ in paragraph (4) and in5 serting ‘‘2001, and $6,000,000 for each of fiscal

6 years 2004 through 2008’’;

7 (8) by striking ‘‘and’’ after the semicolon in

8 paragraph (4);

9 (9) by striking ‘‘2001’’ in paragraph (5) and in10 serting ‘‘2001, $5,000,000 for fiscal year 2004,

11 $5,500,000 for fiscal year 2005, $6,600,000 for fis12 cal year 2006, $7,100,000 for fiscal year 2007, and

13 $7,600,000 for fiscal year 2008’’;

14 (10) by striking ‘‘Administration.’’ in para15 graph (5) and inserting ‘‘Administration; and’’; and

16 (11) by adding at the end the following:

17 ‘‘(6) $3,000,000 for each of fiscal years 2004

18 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.