108TH CONGRESS
2D SESSION
H. R. 1856
AN ACT
To reauthorize the Harmful Algal Bloom and Hy-
poxia Research and Control Act of 1998, and for
other purposes.
108TH CONGRESS
2D SESSION
H. R. 1856
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 Representa-
tives 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 2004’’.
SEC. 2. RETENTION OF TASK FORCE.
Section 603 of the Harmful Algal Bloom and Hy-
poxia Research and Control Act of 1998 (16 U.S.C. 1451
note) is amended by striking subsection (e).
SEC. 3. SCIENTIFIC ASSESSMENTS AND RESEARCH, DEM-
ONSTRATION, AND TECHNOLOGY TRANSFER
PLANS.
Such section 603 is further amended—
(1) in subsection (a) by adding at the end the
following:
‘‘In developing the assessments and plans described in
subsections (b), (c), (d), (e), and (f), the Task Force shall
work with appropriate State, Indian tribe, and local gov-
ernments to ensure that the assessments and plans fulfill
the requirements of subsections (b)(2), (c)(2), (d)(2),
(e)(2), and (f)(2). Additionally, the Task Force shall con-
sult with appropriate industry (including agriculture and
fertilizer industry), academic institutions, and non-govern-
mental organizations throughout the development of the
assessments and plans.’’; and
(2) by striking subsections (b) and (c) and in-
serting 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 Congress a scientific
assessment of harmful algal blooms in United States
coastal waters. The first such assessment shall be com-
pleted not later than 24 months after the date of enact-
ment of the Harmful Algal Bloom and Hypoxia Research
Amendments Act of 2004 and should consider only marine
harmful algal blooms. All subsequent assessments shall ex-
amine 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 con-
sequences, and economic costs, of harmful algal
blooms;
‘‘(B) describe the potential ecological and eco-
nomic costs and benefits of possible actions for pre-
venting, controlling, and mitigating harmful algal
blooms;
‘‘(C) evaluate progress made by, and the needs
of, Federal research programs on the causes, charac-
teristics, 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 2004
the Task Force shall complete and submit to Congress 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 con-
sequences, and the economic costs, of harmful algal
blooms with significant effects on freshwater loca-
tions, including estimations of the frequency and oc-
currence 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, characteris-
tics, and impacts of harmful algal blooms in fresh-
water 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 loca-
tions.
‘‘(d) NATIONAL SCIENTIFIC RESEARCH, DEVELOP-
MENT, DEMONSTRATION, AND TECHNOLOGY TRANSFER
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 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 miti-
gation 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 tech-
nology transfer program on methods for the preven-
tion, 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 Col-
leges and Universities and those serving large pro-
portions of Hispanics, Native Americans, Asian-Pa-
cific Americans, and other underrepresented popu-
lations.
‘‘(3) The Secretary of Commerce, in conjunction with
other appropriate Federal agencies, shall establish a re-
search, development, demonstration, and technology trans-
fer program that meets the priorities and guidelines estab-
lished under paragraph (2)(A). The Secretary shall en-
sure, 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.
‘‘(e) SCIENTIFIC ASSESSMENTS OF HYPOXIA.—(1)
Not less than once every 5 years the Task Force shall
complete and submit to 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 12 months after the date of enactment of
the Harmful Algal Bloom and Hypoxia Research Amend-
ments Act of 2004.
‘‘(2) The assessments under this subsection shall—
‘‘(A) examine the causes and ecological con-
sequences, and the economic costs, of hypoxia;
‘‘(B) describe the potential ecological and eco-
nomic costs and benefits of possible actions for pre-
venting, controlling, and mitigating hypoxia;
‘‘(C) evaluate progress made by, and the needs
of, Federal research programs on the causes, charac-
teristics, and impacts of hypoxia, including rec-
ommendations 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 ASSESS-
MENTS.—(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 di-
verse locations with significant ecological and economic
impacts from hypoxia or harmful algal blooms. The Sec-
retary shall establish a procedure for reviewing requests
for local and regional assessments. The Secretary shall en-
sure, 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) 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 ap-
propriate.’’.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
Section 605 of such Act is amended to read as fol-
lows:
‘‘SEC. 605. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to the Sec-
retary of Commerce for research, education, monitoring,
demonstration, and technology transfer activities related
to the prevention, reduction, and control of harmful algal
blooms and hypoxia, $19,000,000 for each of fiscal years
2005, 2006, and 2007, 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) $1,500,000 for each of fiscal years 2005,
2006, and 2007 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 re-
search laboratories of the National Ocean Service
and the National Marine Fisheries Service;
‘‘(2) $3,000,000 for each of fiscal years 2005,
2006, and 2007 shall be used to carry out the Ecol-
ogy and Oceanography of Harmful Algal Blooms
(ECOHAB) project, with $1,000,000 of such
amount used to carry out research on freshwater
harmful algal blooms;
‘‘(3) $4,000,000 for each of fiscal years 2005,
2006, and 2007 shall be used to carry out the re-
search program described in section 603(d)(3);
‘‘(4) $7,000,000 for each of fiscal years 2005,
2006, and 2007 shall be used to carry out the Moni-
toring and Event Response for Harmful Algal
Blooms (MERHAB) project;
‘‘(5) $2,000,000 for each of fiscal years 2005,
2006, and 2007 shall be used for activities related
to research and monitoring on hypoxia; and
‘‘(6) $1,500,000 for each of fiscal years 2005,
2006, and 2007 shall be used to carry out the activi-
ties described in section 603(f).
Amounts authorized under paragraphs (2), (3), (4), and
(5) shall only be used to support competitive, peer-re-
viewed research programs.’’.
Passed the House of Representatives July 7, 2004.
Attest:
Clerk.