H. R. 2204—35
(2) the enactment of this Act.
(b) AUTHORIZATION
OF APPROPRIATIONS.—Section 306 of the
Hydrographic Services Improvement Act of 1998 is amended to
read as follows:
‘‘SEC. 306. AUTHORIZATION OF APPROPRIATIONS.
‘‘There is authorized to be appropriated to the Administrator
the following:
‘‘(1) To carry out nautical mapping and charting functions
under the Act of 1947 and sections 303 and 304, except for
conducting hydrographic surveys, $33,000,000 for fiscal year
1999, $34,000,000 for fiscal year 2000, and $35,000,000 for
fiscal year 2001.
‘‘(2) To conduct hydrographic surveys under section
303(a)(1), including the leasing of ships, $33,000,000 for fiscal
year 1999, $35,000,000 for fiscal year 2000, and $37,000,000
for fiscal year 2001. Of these amounts, no more than
$16,000,000 is authorized for any one fiscal year to operate
hydrographic survey vessels owned and operated by the
Administration.
‘‘(3) To carry out geodetic functions under the Act of 1947,
$25,000,000 for fiscal year 1999, $30,000,000 for fiscal year
2000, and $30,000,000 for fiscal year 2001.
‘‘(4) To carry out tide and current measurement functions
under the Act of 1947, $22,500,000 for each of fiscal years
1999 through 2001. Of these amounts $4,500,000 is authorized
for each fiscal year to implement and operate a national quality
control system for real-time tide and current and maintain
the national tide network, and $7,000,000 is authorized for
each fiscal year to design and install real-time tide and current
data measurement systems under section 303(b)(4).’’.
(c) REPEAL
OF REPORT REQUIREMENTS.—Section 305 of the
Hydrographic Services Improvement Act of 1998 is amended by
striking subsections (a) and (d).
TITLE V—ADMINISTRATIVE PROCESS
FOR JONES ACT WAIVERS
SEC. 501. FINDINGS.
The Congress finds that—
(1) current coastwise trade laws provide no administrative
authority to waive the United-States-built requirement of those
laws for the limited carriage of passengers for hire on vessels
built or rebuilt outside the United States;
(2) requests for such waivers require the enactment of
legislation by the Congress;
(3) each Congress routinely approves numerous such
requests for waiver and rarely rejects any such request; and
(4) the review and approval of such waiver requests is
a ministerial function which properly should be executed by
an administrative agency with appropriate expertise.
SEC. 502. ADMINISTRATIVE WAIVER OF COASTWISE TRADE LAWS.
Notwithstanding sections 12106 and 12108 of title 46, United
States Code, section 8 of the Act of June 19, 1886 (46 U.S.C.
App. 289), and section 27 of the Merchant Marine Act, 1920 (46
H. R. 2204—36
U.S.C. App. 883), the Secretary of Transportation may issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade as a small passenger vessel
or an uninspected passenger vessel for an eligible vessel authorized
to carry no more than 12 passengers for hire if the Secretary,
after notice and an opportunity for public comment, determines
that the employment of the vessel in the coastwise trade will
not adversely affect—
(1) United States vessel builders; or
(2) the coastwise trade business of any person who employs
vessels built in the United States in that business.
SEC. 503. REVOCATION.
The Secretary may revoke an endorsement issued under section
502, after notice and an opportunity for public comment, if the
Secretary determines that the employment of the vessel in the
coastwise trade has substantially changed since the issuance of
the endorsement, and—
(1) the vessel is employed other than as a small passenger
vessel or an uninspected passenger vessel; or
(2) the employment of the vessel adversely affects—
(A) United States vessel builders; or
(B) the coastwise trade business of any person who
employs vessels built in the United States.
SEC. 504. DEFINITIONS.
In this title:
(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Transportation.
(2) ELIGIBLE
VESSEL.—The term ‘‘eligible vessel’’ means
a vessel that—
(A) was not built in the United States and is at least
3 years of age; or
(B) if rebuilt, was rebuilt outside the United States
at least 3 years before the certification requested under
section 502, if granted, would take effect.
(3) SMALL
PASSENGER
VESSEL; UNINSPECTED
PASSENGER
VESSEL; PASSENGER
FOR
HIRE.—The terms ‘‘small passenger
vessel’’, ‘‘uninspected passenger vessel’’, and ‘‘passenger for
hire’’ have the meaning given such terms by section 2101 of
title 46, United States Code.
SEC. 505. SUNSET.
(a) IN GENERAL.—Subject to subsection (b), this title (other
than this section) shall have no force or effect on or after September
30, 2002.
(b) ENDORSEMENTS CONTINUE.—Any certificate or endorsement
issued under section 502 before the date referred to in subsection
(a) of this section shall continue in effect until otherwise invalidated
or revoked under chapter 121 of title 46, United States Code.
H. R. 2204—37
TITLE VI—HARMFUL ALGAL BLOOMS
AND HYPOXIA
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘Harmful Algal Bloom and
Hypoxia Research and Control Act of 1998’’.
SEC. 602. FINDINGS.
The Congress finds that—
(1) the recent outbreak of the harmful microbe Pfiesteria
piscicida in the coastal waters of the United States is one
example of potentially harmful algal blooms composed of natu-
rally occurring species that reproduce explosively and that are
increasing in frequency and intensity in the Nation’s coastal
waters;
(2) other recent occurrences of harmful algal blooms include
red tides in the Gulf of Mexico and the Southeast; brown
tides in New York and Texas; ciguatera fish poisoning in
Hawaii, Florida, Puerto Rico, and the United States Virgin
Islands; and shellfish poisonings in the Gulf of Maine, the
Pacific Northwest, and the Gulf of Alaska;
(3) in certain cases, harmful algal blooms have resulted
in fish kills, the deaths of numerous endangered West Indian
manatees, beach and shellfish bed closures, threats to public
health and safety, and concern among the public about the
safety of seafood;
(4) according to some scientists, the factors causing or
contributing to harmful algal blooms may include excessive
nutrients in coastal waters, other forms of pollution, the trans-
fer of harmful species through ship ballast water, and ocean
currents;
(5) harmful algal blooms may have been responsible for
an estimated $1,000,000,000 in economic losses during the past
decade;
(6) harmful algal blooms and blooms of non-toxic algal
species may lead to other damaging marine conditions such
as hypoxia (reduced oxygen concentrations), which are harmful
or fatal to fish, shellfish, and benthic organisms;
(7) according to the National Oceanic and Atmospheric
Administration in the Department of Commerce, 53 percent
of United States estuaries experience hypoxia for at least part
of the year and a 7,000 square mile area in the Gulf of Mexico
off Louisiana and Texas suffers from hypoxia;
(8) according to some scientists, a factor believed to cause
hypoxia is excessive nutrient loading into coastal waters;
(9) there is a need to identify more workable and effective
actions to reduce nutrient loadings to coastal waters;
(10) the National Oceanic and Atmospheric Administration,
through its ongoing research, education, grant, and coastal
resource management programs, possesses a full range of
capabilities necessary to support a near and long-term com-
prehensive effort to prevent, reduce, and control harmful algal
blooms and hypoxia;
(11) funding for the research and related programs of the
National Oceanic and Atmospheric Administration will aid in
improving the Nation’s understanding and capabilities for
H. R. 2204—38
addressing the human and environmental costs associated with
harmful algal blooms and hypoxia; and
(12) other Federal agencies such as the Environmental
Protection Agency, the Department of Agriculture, and the
National Science Foundation, along with the States, Indian
tribes, and local governments, conduct important work related
to the prevention, reduction, and control of harmful algal
blooms and hypoxia.
SEC. 603. ASSESSMENTS.
(a) ESTABLISHMENT
OF
INTER-AGENCY
TASK
FORCE.—The
President, through the Committee on Environment and Natural
Resources of the National Science and Technology Council, shall
establish an Inter-Agency Task Force on Harmful Algal Blooms
and Hypoxia (hereinafter referred to as the ‘‘Task Force’’). The
Task Force shall consist of the following representatives from—
(1) the Department of Commerce (who shall serve as Chair-
man of the Task Force);
(2) the Environmental Protection Agency;
(3) the Department of Agriculture;
(4) the Department of the Interior;
(5) the Department of the Navy;
(6) the Department of Health and Human Services;
(7) the National Science Foundation;
(8) the National Aeronautics and Space Administration;
(9) the Food and Drug Administration;
(10) the Office of Science and Technology Policy;
(11) the Council on Environmental Quality; and
(12) such other Federal agencies as the President considers
appropriate.
(b) ASSESSMENT OF HARMFUL ALGAL BLOOMS.—
(1) Not later than 12 months after the date of the enact-
ment of this title, the Task Force, in cooperation with the
coastal States, Indian tribes, and local governments, industry
(including agricultural organizations), academic institutions,
and non-governmental organizations with expertise in coastal
zone management, shall complete and submit to the Congress
an assessment which examines the ecological and economic
consequences of harmful algal blooms, alternatives for reducing,
mitigating, and controlling harmful algal blooms, and the social
and economic costs and benefits of such alternatives.
(2) The assessment shall—
(A) identify alternatives for preventing unnecessary
duplication of effort among Federal agencies and depart-
ments with respect to harmful algal blooms; and
(B) provide for Federal cooperation and coordination
with and assistance to the coastal States, Indian tribes,
and local governments in the prevention, reduction,
management, mitigation, and control of harmful algal
blooms and their environmental and public health impacts.
(c) ASSESSMENT OF HYPOXIA.—
(1) Not later than 12 months after the date of the enact-
ment of this title, the Task Force, in cooperation with the
States, Indian tribes, local governments, industry, agricultural,
academic institutions, and non-governmental organizations
with expertise in watershed and coastal zone management,
shall complete and submit to the Congress an assessment which
H. R. 2204—39
examines the ecological and economic consequences of hypoxia
in United States coastal waters, alternatives for reducing, miti-
gating, and controlling hypoxia, and the social and economic
costs and benefits of such alternatives.
(2) The assessment shall—
(A) establish needs, priorities, and guidelines for a
peer-reviewed, inter-agency research program on the
causes, characteristics, and impacts of hypoxia;
(B) identify alternatives for preventing unnecessary
duplication of effort among Federal agencies and depart-
ments with respect to hypoxia; and
(C) provide for Federal cooperation and coordination
with and assistance to the States, Indian tribes, and local
governments in the prevention, reduction, management,
mitigation, and control of hypoxia and its environmental
impacts.
(e) DISESTABLISHMENT OF TASK FORCE.—The President may
disestablish the Task Force after submission of the plan in section
604(d).
SEC. 604. NORTHERN GULF OF MEXICO HYPOXIA.
(a) ASSESSMENT REPORT.—Not later than May 30, 1999, the
Task Force shall complete and submit to Congress and the President
an integrated assessment of hypoxia in the northern Gulf of Mexico
that examines: the distribution, dynamics, and causes; ecological
and economic consequences; sources and loads of nutrients trans-
ported by the Mississippi River to the Gulf of Mexico; effects of
reducing nutrient loads; methods for reducing nutrient loads; and
the social and economic costs and benefits of such methods.
(b) SUBMISSION OF A PLAN.—No later than March 30, 2000,
the President, in conjunction with the chief executive officers of
the States, shall develop and submit to Congress a plan, based
on the integrated assessment submitted under subsection (a), for
reducing, mitigating, and controlling hypoxia in the northern Gulf
of Mexico. In developing such plan, the President shall consult
with State, Indian tribe, and local governments, academic, agricul-
tural, industry, and environmental groups and representatives.
Such plan shall include incentive-based partnership approaches.
The plan shall also include the social and economic costs and
benefits of the measures for reducing, mitigating, and controlling
hypoxia. At least 90 days before the President submits such plan
to the Congress, a summary of the proposed plan shall be published
in the Federal Register for a public comment period of not less
than 60 days.
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, $15,000,000 for fiscal year 1999, $18,250,000 for fiscal
year 2000, and $19,000,000 for fiscal year 2001, 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 section. Of such amounts
for each fiscal year—