[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1480 Reported in Senate (RS)]

                                                       Calendar No. 667
105th CONGRESS
  2d Session
                                S. 1480

                          [Report No. 105-357]

 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 SENATE OF THE UNITED STATES

                            November 8, 1997

Ms. Snowe  (for herself, Mr. Breaux, Mrs. Hutchison, Ms. Mikulski, Mr. 
  Inouye, Mr. Akaka, Mr. Roth, and Mr. Robb) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

                           September 30, 1998

               Reported by Mr. McCain, with an amendment
 [Strike all after the enacting clause and insert the part printed in 
                                italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Harmful Algal Bloom 
Research and Control Act of 1997''.</DELETED>

<DELETED>SEC. 2. FINDINGS</DELETED>

<DELETED>    The Congress finds that--</DELETED>
        <DELETED>    (1) the recent outbreak of the harmful microbe 
        Pfiesteria piscicida in the coastal waters of the United States 
        is one of a larger set of potentially harmful algal blooms that 
        appear to be increasing in abundance and intensity in the 
        Nation's coastal waters;</DELETED>
        <DELETED>    (2) in recent years, harmful algal blooms have 
        resulted in massive fish kills, the deaths of numerous 
        endangered West Indian manatees, beach closures, and threats to 
        public health and safety;</DELETED>
        <DELETED>    (3) 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, and shellfish 
        poisonings in the Gulf of Maine, the Pacific northwest and the 
        Gulf of Alaska;</DELETED>
        <DELETED>    (4) harmful algal blooms have been responsible for 
        an estimated $1,000,000,000 in economic losses during the past 
        decade;</DELETED>
        <DELETED>    (5) harmful algal blooms are composed of naturally 
        occurring species that reproduce explosively when the natural 
        system is out of balance;</DELETED>
        <DELETED>    (6) under certain circumstances, harmful algal 
        blooms can lead directly to other damaging marine conditions 
        such as hypoxia, as has been found in the Gulf of 
        Mexico.</DELETED>
        <DELETED>    (7) factors thought to cause or contribute to 
        harmful algal blooms include excessive nutrients and toxins 
        from polluted runoff;</DELETED>
        <DELETED>    (8) there is a strong need for a national strategy 
        to identify better means of controlling polluted 
        runoff;</DELETED>
        <DELETED>    (9) the National Oceanic and Admospheric 
        Administration (NOAA) in the Department of Commerce, through 
        its ongoing research, grant, and coastal resource management 
        programs, possesses a full range of capabilities necessary to 
        support a near and long-term comprehensive effort to control 
        and eradicate harmful algal blooms; and</DELETED>
        <DELETED>    (10) funding for NOAA's research and related 
        programs will aid in improving the Nation's understanding and 
        capabilities for addressing the human and environmental costs 
        associated with harmful algal blooms.</DELETED>

<DELETED>SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR ALGAL BLOOM 
              ERADICATION AND CONTROL.</DELETED>

<DELETED>    There are authorized to be appropriated to the Secretary 
of Commerce for activities related to the research, eradication, and 
control of harmful algal blooms $32,000,000 in each of fiscal years 
1998, 1999, and 2000, to remain available until expended. Of such 
amounts for each fiscal year--</DELETED>
        <DELETED>    (1) $5,000,000 may be used to enable the National 
        Oceanic and Admospheric Administration to carry out research 
        activities, including procurement and maintenance of research 
        facilities, of the Office of Oceanic and Atmospheric Research, 
        National Marine Fisheries Service, and the National Ocean 
        Service;</DELETED>
        <DELETED>    (2) $10,500,000 may be used to carry out the 
        Ecology and Oceanography of Harmful Algal Blooms (ECO-HAB) 
        project and related research under the Coastal Ocean Program 
        established under section 201(c) of Public Law 102-
        567;</DELETED>
        <DELETED>    (3) $3,000,000 may be used for outreach, education 
        and advisory services administered by the National Sea Grant 
        Office established under subsection 204(a) of the National Sea 
        Grant College Program Act (33 U.S.C. 1123(a));</DELETED>
        <DELETED>    (4) $5,500,000 may be used to carry out federal 
        and state annual monitoring and analysis activities 
        administered by the Office of Resource Conservation and 
        Assessment of the National Oceanic and Atmospheric 
        Administration; and</DELETED>
        <DELETED>    (5) $8,000,000 may be used for grants under 
        sections 306, 306A and 310 of the Coastal Zone Management Act 
        of 1972 (16 U.S.C. 1455, 1455a and 1456c).</DELETED>

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 the 
following 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, inter-agency 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, $25.5 million 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;
            (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);
            (2) by striking ``1999.'' at the end of paragraph (2) and 
        inserting ``1999; 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.''.
                                                       Calendar No. 667

105th CONGRESS

  2d Session

                                S. 1480

                          [Report No. 105-357]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 30, 1998

                       Reported with an amendment