Harmful Algal Bloom and Hypoxia Amendments Act of 2004
PL 108-456 (S.3014), enacted 12/10/2004

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 fer-
tilizer), 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]
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118 STAT. 3631
PUBLIC LAW 108–456—DEC. 10, 2004
‘‘(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 assist-
ance 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 coordina-
tion 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 assess-
ments under this subsection cover geographically and eco-
logically diverse locations with significant ecological and eco-
nomic 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 ensure,
through consultation with Sea Grant Programs, that the
findings of the assessments are communicated to the appro-
priate 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.
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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, character-
istics, and impacts of harmful algal blooms in freshwater loca-
tions; 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 fresh-
water 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;
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118 STAT. 3633
PUBLIC LAW 108–456—DEC. 10, 2004
‘‘(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, DEM-
ONSTRATION, 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 Univer-
sities and those serving large proportions of Hispanics, Native
Americans, Asian Pacific Americans, and other underrep-
resented populations.
‘‘(3) The Secretary of Commerce, in conjunction with other
appropriate Federal agencies, shall establish a research, develop-
ment, 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 commu-
nicated 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.
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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 avail-
able to the University of Miami real property under the administra-
tive jurisdiction of the National Oceanic and Atmospheric Adminis-
tration on Virginia Key, Florida, for development by the University
of a Marine Life Science Center.
(b) MANNER OF AVAILABILITY.—The Secretary may make prop-
erty 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 sec-
tion may be used by the University (subject to paragraph (2))
to develop and operate facilities for multidisciplinary environ-
mental and fisheries research, assessment, management, and
educational activities.
(2) AGREEMENT.—Property made available under this sec-
tion 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 prop-
erty; 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 Univer-
sity and Federal agencies; and
(C) includes provisions that ensure—
(i) that there is no diminishment of existing
National Oceanic and Atmospheric Administration pro-
grams and services at Virginia Key; and
(ii) the availability of the property for planning,
development, and construction of future Federal
buildings and facilities.
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118 STAT. 3635
PUBLIC LAW 108–456—DEC. 10, 2004
(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 para-
graph (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 con-
strued 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 convey-
ance by as soon as practicable after the date of the enactment
of this Act.
Mexico.
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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 Re-
sources).
CONGRESSIONAL RECORD, Vol. 150 (2004):
Nov. 19, considered and passed Senate.
Nov. 20, considered and passed House.
(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.
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