[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4235 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4235

 To authorize appropriations for the National Oceanic and Atmospheric 
    Administration to conduct research, monitoring, education, and 
  management activities for the prevention, reduction, and control of 
  harmful algal blooms, including blooms of Pfiesteria piscicida and 
         other aquatic toxins, hypoxia, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 16, 1998

  Mr. John (for himself, Mr. Baldacci, Mr. Gilchrest, Mr. Cardin, Mr. 
  Etheridge, and Mr. Tauzin) 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

_______________________________________________________________________

                                 A BILL


 
 To authorize appropriations for the National Oceanic and Atmospheric 
    Administration to conduct research, monitoring, education, and 
  management activities for the prevention, reduction, and control of 
  harmful algal blooms, including blooms of Pfiesteria piscicida and 
         other aquatic toxins, hypoxia, 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 and Control Act of 1998''.

SEC. 2. 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 
        naturally 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 U.S. Virgin Islands; and 
        shellfish poisonings in the Gulf of Maine, the Pacific 
        Northwest, and the Gulf of Alaska;
            (3) in recent years, harmful algal blooms have resulted in 
        massive 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 scientists, the factors causing or 
        contributing to harmful algal blooms may include excessive 
        nutrients in coastal waters, other forms of pollution, the 
        transfer of harmful species through ship ballast water, and 
        ocean currents;
            (5) harmful algal blooms 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 can also lead directly 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 
        U.S. 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, creating a massive 
        ``dead zone'' during much of the year where little or no marine 
        life exists;
            (8) according to scientists, the primary factor known to 
        cause hypoxia is excessive nutrient loading into coastal 
        waters;
            (9) there is a strong 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 
        comprehensive 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 
        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. 3. ACTION PLAN.

    (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 
representatives from--
            (1) the Department of Commerce (who shall serve as Chairman 
        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 Office of Science and Technology Policy;
            (10) the Council on Environmental Quality; and
            (11) such other Federal agencies as the President considers 
        appropriate.
    (b) Action Plan on Harmful Algal Blooms.--(1) Not later than 12 
months after the date of enactment of this Act, the Task Force, in 
consultation with the coastal States, Indian tribes, and local 
governments, industry, academic institutions, and non-governmental 
organizations with expertise in coastal zone management, shall develop 
an action plan providing for a comprehensive, coordinated, and timely 
Federal response to harmful algal blooms.
    (2) The action plan shall--
            (A) consist of actions that each Federal department or 
        agency represented on the Task Force shall take to prevent, 
        reduce, manage, mitigate, and control harmful algal blooms and 
        their environmental and public health impacts;
            (B) prevent unnecessary duplication of effort among Federal 
        agencies and departments with respect to the actions in 
        subparagraph (A); and
            (C) 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) Action Plan on Hypoxia.--(1) Not later than 12 months after the 
date of enactment of this Act, the Task Force, in consultation with the 
States, Indian tribes, local governments, industry, agricultural, 
academic institutions, and non-governmental organizations with 
expertise in watershed and coastal zone management, shall develop an 
action plan providing for a comprehensive, coordinated, and timely 
Federal response to hypoxia in U.S. coastal waters.
    (2) The action plan shall--
            (A) establish needs, priorities, and guidelines for a peer-
        reviewed, interagency research program on the causes, 
        characteristics, and impacts of hypoxia, and on actions that 
        can be taken to prevent, reduce, manage, mitigate, and control 
        hypoxia;
            (B) identify actions that each Federal department or agency 
        represented on the Task Force shall take to prevent, reduce, 
        manage, mitigate, and control hypoxia and its environmental 
        impacts;
            (C) prevent unnecessary duplication of effort among Federal 
        agencies and departments with respect to the research and 
        actions in subparagraphs (A) and (B); and
            (D) 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.
    (d) Annual Reports.-- Beginning 12 months after the date the action 
plans in subsections (b) and (c) are published, the Task Force shall 
submit 3 annual reports to the Congress and the President which--
            (1) describe the progress of the departments and agencies 
        represented on the Task Force in implementing the actions 
        contained in the action plans;
            (2) assess the effectiveness of the action plans to that 
        date in preventing, reducing, managing, mitigating, and 
        controlling harmful algal blooms and hypoxia;
            (3) describe any changes to an action plan made or proposed 
        to improve the effectiveness of such plan; and
            (4) contain any other information the Task Force may wish 
        to include.
    (e) Disestablishment of Task Force.--The President may disestablish 
the Task Force after submission of the third report in subsection (d).

SEC. 4. NORTHERN GULF OF MEXICO HYPOXIA.

    (a) Assessment Report.--Not later than March 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 transported 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 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, agricultural, industry, and 
environmental groups and representatives. 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. 5. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of 
Commerce for research, education, and management activities related to 
the prevention, reduction, and control of harmful algal blooms and 
hypoxia, $25,500,000 in each of fiscal years 1999, 2000, and 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--
            (1) $5,000,000 may 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) $7,000,000 may be used to carry out the Ecology and 
        Oceanography of Harmful Algal Blooms (ECOHAB) project under the 
        Coastal Ocean Program established under section 201(c) of 
        Public Law 102-567;
            (3) $3,000,000 may be used by the National Ocean Service of 
        the National Oceanic and Atmospheric Administration to carry 
        out a peer-reviewed research project on management measures 
        that can be taken to prevent, reduce, control, and mitigate 
        harmful algal blooms;
            (4) $5,500,000 may be used to carry out Federal and State 
        annual monitoring and analysis activities for harmful algal 
        blooms administered by the National Ocean Service of the 
        National Oceanic and Atmospheric Administration; and
            (5) $5,000,000 may be used for activities related to 
        research and monitoring on hypoxia by the National Ocean 
        Service and the Office of Oceanic and Atmospheric Research of 
        the National Oceanic and Atmospheric Administration.

SEC. 6. AMENDMENT TO NATIONAL SEA GRANT COLLEGE PROGRAM ACT.

    Section 212(a) of the National Sea Grant College Program Act (33 
U.S.C. 1131(a)) is amended by striking paragraph (2)(C) and inserting 
the following:
            ``(C) up to $3,000,000 may be made available for 
        competitive grants for university research, education, 
        training, and advisory services on Pfiesteria piscicida and 
        other harmful algal blooms.''.

SEC. 7. AMENDMENT TO THE COASTAL ZONE MANAGEMENT ACT.

    Section 318(a) of the Coastal Zone Management Act of 1972 (16 
U.S.C. 1464(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (1)(C);
            (2) by striking the period at the end of paragraph (2)(C) 
        and inserting ``; and''; and
            (3) by adding at the end thereof the following:
            ``(3) up to $2,000,000 for fiscal years 1999 and 2000 for 
        technical assistance under section 310 to support State 
        implementation and analysis of the effectiveness of measures to 
        prevent, reduce, mitigate, or control harmful algal blooms and 
        hypoxia.''.
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