[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3191 Introduced in Senate (IS)]

  2d Session
                                S. 3191

To develop and promote a comprehensive plan for a national strategy to 
  address harmful algal blooms and hypoxia through baseline research, 
 forecasting and monitoring, and mitigation and control while helping 
   communities detect, control, and mitigate coastal and Great Lakes 
                harmful algal blooms and hypoxia events.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 25, 2008

Ms. Snowe (for herself, Mr. Nelson of Florida, Ms. Cantwell, Mr. Kerry, 
 Mr. Vitter, Mr. Levin, Mr. Voinovich, Mrs. Boxer, Mr. Cardin, and Ms. 
   Mikulski) introduced the following bill; which was read twice and 
  referred to the Committee on Commerce, Science, and Transportation.

_______________________________________________________________________

                                 A BILL


 
To develop and promote a comprehensive plan for a national strategy to 
  address harmful algal blooms and hypoxia through baseline research, 
 forecasting and monitoring, and mitigation and control while helping 
   communities detect, control, and mitigate coastal and Great Lakes 
                harmful algal blooms and hypoxia events.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Harmful Algal 
Blooms and Hypoxia Amendments Act of 2008''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Harmful Algal Bloom and Hypoxia Research and 
                            Control Act of 1998.
Sec. 3. Findings.
Sec. 4. Purpose.
Sec. 5. Interagency task force on harmful algal blooms and hypoxia.
Sec. 6. National harmful algal bloom and hypoxia program.
Sec. 7. Regional research and action plans.
Sec. 8. Reporting.
Sec. 9. Pilot program for freshwater harmful algal blooms and hypoxia.
Sec. 10. Interagency financing.
Sec. 11. Application with other laws.
Sec. 12. Definitions.
Sec. 13. Authorization of appropriations.

SEC. 2. AMENDMENT OF HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND 
              CONTROL ACT OF 1998.

    Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Harmful Algal Bloom and 
Hypoxia Research and Control Act of 1998 (16 U.S.C. 1451 note).

SEC. 3. FINDINGS.

    Section 602 is amended--
            (1) by striking paragraph (8) and inserting the following:
            ``(8) harmful algal blooms and hypoxia can be triggered and 
        exacerbated by increases in nutrient loading from point and 
        non-point sources, much of which originates in upland areas and 
        is delivered to marine and freshwater bodies via river 
        discharge, thereby requiring integrated and landscape-level 
        research and control strategies;'';
            (2) by striking ``and'' after the semicolon in paragraph 
        (11);
            (3) by striking ``hypoxia.'' in paragraph (12) and 
        inserting ``hypoxia;''; and
            (4) by adding at the end thereof the following:
            ``(13) harmful algal blooms and hypoxia affect many sectors 
        of the coastal economy, including tourism, public health, and 
        recreational and commercial fisheries; and according to a 
        recent report produced by NOAA, the United States seafood and 
        tourism industries suffer annual losses of $82 million due to 
        economic impacts of harmful algal blooms;
            ``(14) global climate change and its effect on oceans and 
        the Great Lakes may ultimately play a role in the increase or 
        decrease of harmful algal bloom and hypoxic events;
            ``(15) proliferations of harmful and nuisance algae can 
        occur in all United States waters, including coastal areas and 
        estuaries, the Great Lakes, and inland waterways, crossing 
        political boundaries and necessitating regional coordination 
        for research, monitoring, mitigation, response, and prevention 
        efforts; and
            ``(16) following passage of the Harmful Algal Bloom and 
        Hypoxia Research and Control Act of 1998, Federally-funded and 
        other research has led to several technological advances, 
        including remote sensing, molecular and optical tools, 
        satellite imagery, and coastal and ocean observing systems, 
        that provide data for forecast models, improve the monitoring 
        and prediction of these events, and provide essential decision 
        making tools for managers and stakeholders.''.

SEC. 4. PURPOSE.

    The Act is amended by inserting after section 602 the following:

``SEC. 602A. PURPOSES.

    ``The purposes of this Act are--
            ``(1) to provide for the development and coordination of a 
        comprehensive and integrated national program to address 
        harmful algal blooms, hypoxia, and nuisance algae through 
        baseline research, monitoring, prevention, mitigation, and 
        control;
            ``(2) to provide for the assessment and consideration of 
        regional and national ecosystem, socio-economic, and human 
        health impacts of harmful and nuisance algal blooms and 
        hypoxia, and integration of that assessment into marine and 
        freshwater resource decisions; and
            ``(3) to facilitate regional, State, and local efforts to 
        develop and implement appropriate harmful algal bloom and 
        hypoxia event response plans, strategies, and tools including 
        outreach programs and information dissemination mechanisms.''.

SEC. 5. INTERAGENCY TASK FORCE ON HARMFUL ALGAL BLOOMS AND HYPOXIA.

    (a) Federal Representatives.--Section 603(a) is amended--
            (1) by striking ``The Task Force shall consist of the 
        following representatives from--'' and inserting ``The Task 
        Force shall consist of representatives of the Office of the 
        Secretary from each of the following departments and of the 
        office of the head of each of the following Federal 
        agencies:'';
            (2) by striking ``the'' in paragraphs (1) through (11) and 
        inserting ``The'';
            (3) by striking the semicolon in paragraphs (1) through 
        (10) and inserting a period.
            (4) by striking ``Quality; and'' in paragraph (11) and 
        inserting ``Quality.''; and
            (5) by striking ``such other'' in paragraph (12) and 
        inserting ``Other''.
    (b) State Representatives.--Section 603 is amended--
            (1) by redesignating subsections (b) through (i) as 
        subsections (c) through (j), respectively;
            (2) by inserting after subsection (a) the following:
    ``(b) State Representatives.--The Secretary shall establish 
criteria for determining appropriate States to serve on the Task Force 
and establish and implement a nominations process to select 
representatives from 2 appropriate States in different regions, on a 
rotating basis, to serve 2-year terms on the Task Force.'';
            (3) in subsection (h), as redesignated--
                    (A) by striking ``Not less than once every 5 years 
                the'' in paragraph (1) and inserting ``The'';
                    (B) by striking ``The first such'' in paragraph (1) 
                and inserting ``The'';
                    (C) by striking ``assessments'' in paragraph (2) 
                and inserting ``assessment''; and
            (4) in subsection (i), as redesignated--
                    (A) by striking ``Not less than once every 5 years 
                the'' in paragraph (1) and inserting ``The'';
                    (B) by striking ``The first such'' in paragraph (1) 
                and inserting ``The'';
                    (C) by striking ``All subsequent assessments'' in 
                paragraph (1) and inserting ``The assessment''; and
                    (D) by striking ``assessments'' in paragraph (2) 
                and inserting ``assessment''.

SEC. 6. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA PROGRAM.

    The Act is amended by inserting after section 603 the following:

``SEC. 603A. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA PROGRAM.

    ``(a) Establishment.--The President, acting through the Task Force, 
shall establish and maintain a national program for integrating efforts 
to address harmful algal bloom and hypoxia research, monitoring, 
prediction, control, mitigation, prevention, and outreach.
    ``(b) Task Force Functions.--The Task Force shall be the oversight 
body for the development and implementation of the national harmful 
algal bloom and hypoxia program and shall--
            ``(1) coordinate interagency review of plans and policies 
        of the Program;
            ``(2) promote and review interagency work and spending 
        plans for implementing the activities of the Program;
            ``(3) review the Program's distribution of Federal grants 
        and funding to address research priorities;
            ``(4) support implementation of the actions and strategies 
        identified in the regional research and action plans under 
        subsection (d);
            ``(5) support the development of institutional mechanisms 
        and financial instruments to further the goals of the program;
            ``(6) expedite the interagency review process and ensure 
        timely review and dispersal of required reports and assessments 
        under this Act; and
            ``(7) promote the development of new technologies for 
        predicting, monitoring, and mitigating harmful algal blooms and 
        hypoxia conditions.
    ``(c) Lead Federal Agency.--NOAA shall be the lead Federal agency 
for implementing and administering the National Harmful Algal Bloom and 
Hypoxia Program.
    ``(d) Responsibilities.--The Program shall--
            ``(1) promote a national strategy to help communities 
        understand, detect, predict, control, and mitigate freshwater 
        and marine harmful algal bloom and hypoxia events;
            ``(2) plan, coordinate, and implement the National Harmful 
        Algal Bloom and Hypoxia Program; and
            ``(3) report to the Task Force via the Administrator.
    ``(e) Duties.--
            ``(1) Administrative duties.--The Program shall--
                    ``(A) prepare interagency work and spending plans 
                for implementing the activities of the Program and 
                developing and implementing the Regional Research and 
                Action Plans;
                    ``(B) administer merit-based, competitive grant 
                funding to support the projects maintained and 
                established by the Program, and to address the research 
                and management needs and priorities identified in the 
                Regional Research and Action Plans;
                    ``(C) coordinate NOAA programs that address harmful 
                algal blooms and hypoxia and other ocean and Great 
                Lakes science and management programs and centers that 
                address the chemical, biological, and physical 
                components of harmful algal blooms and hypoxia;
                    ``(D) coordinate and work cooperatively with other 
                Federal, State, and local government agencies and 
                programs that address harmful algal blooms and hypoxia;
                    ``(E) coordinate with the State Department to 
                support international efforts on harmful algal bloom 
                and hypoxia information sharing, research, mitigation, 
                and control.''.
                    ``(F) coordinate an outreach, education, and 
                training program that integrates and augments existing 
                programs to improve public education about and 
                awareness of the causes, impacts, and mitigation 
                efforts for harmful algal blooms and hypoxia;
                    ``(G) facilitate and provide resources for training 
                of State and local coastal and water resource managers 
                in the methods and technologies for monitoring, 
                controlling, and mitigating harmful algal blooms and 
                hypoxia;
                    ``(H) support regional efforts to control and 
                mitigate outbreaks through--
                            ``(i) communication of the contents of the 
                        Regional Research and Action Plans and 
                        maintenance of online data portals for other 
                        information about harmful algal blooms and 
                        hypoxia to State and local stakeholders within 
                        the region for which each plan is developed; 
                        and
                            ``(ii) overseeing the development, review, 
                        and periodic updating of Regional Research and 
                        Action Plans established under section 602C(b);
                    ``(I) convene an annual meeting of the Task Force; 
                and
                    ``(J) perform such other tasks as may be delegated 
                by the Task Force.
            ``(2) Program duties.--The Program shall--
                    ``(A) maintain and enhance--
                            ``(i) the Ecology and Oceanography of 
                        Harmful Algal Blooms Program;
                            ``(ii) the Monitoring and Event Response 
                        for Harmful Algal Blooms Program;
                            ``(iii) the Northern Gulf of Mexico 
                        Ecosystems and Hypoxia Assessment Program;
                            ``(iv) the Coastal Hypoxia Research 
                        Program; and
                            ``(v) other relevant NOAA programs;
                    ``(B) establish--
                            ``(i) a Mitigation and Control of Harmful 
                        Algal Blooms Program--
                                    ``(I) to develop and promote 
                                strategies for the prevention, 
                                mitigation, and control of harmful 
                                algal blooms;
                                    ``(II) to fund research that may 
                                facilitate the prevention, mitigation, 
                                and control of harmful algal blooms; 
                                and
                                    ``(III) to develop and demonstrate 
                                technology that may mitigate and 
                                control harmful algal blooms; and
                            ``(ii) other programs as necessary; and
                    ``(C) work cooperatively with other offices, 
                centers, and programs within NOAA and other agencies 
                represented on the Task Force, States, and 
                nongovernmental organizations concerned with marine and 
                aquatic issues to manage data, products, and 
                infractructure, including--
                            ``(i) compiling, managing, and archiving 
                        data from relevant programs in Task Force 
                        member agencies;
                            ``(ii) creating data portals for general 
                        education and data dissemination on 
                        centralized, publicly available databases; and
                            ``(iii) establishing communication routes 
                        for data, predictions, and management tools 
                        both to and from the regions, states, and local 
                        communities.''.

SEC. 7. REGIONAL RESEARCH AND ACTION PLANS.

    The Act, as amended by section 6, is amended by inserting after 
section 602A the following:

``SEC. 602B. REGIONAL RESEARCH AND ACTION PLANS.

    ``(a) In General.--The Program shall--
            ``(1) oversee the development and implementation of 
        Regional Research and Action Plans; and
            ``(2) identify appropriate regions and sub-regions to be 
        addressed by each Regional Research and Action Plan.
    ``(b) Regional Panels of Experts.--As soon as practicable after the 
date of enactment of the Harmful Algal Blooms and Hypoxia Amendments 
Act of 2008, and every 5 years thereafter, the Program shall convene a 
panel of experts for each region identified under subsection (a)(2) 
from among--
            ``(1) State coastal management and planning officials;
            ``(2) water management and watershed officials from both 
        coastal states and noncoastal states with water sources that 
        drain into water bodies affected by harmful algal blooms and 
        hypoxia;
            ``(3) public health officials;
            ``(4) emergency management officials;
            ``(5) nongovernmental organizations concerned with marine 
        and aquatic issues;
            ``(6) science and technology development institutions;
            ``(7) economists;
            ``(8) industries and businesses affected by coastal and 
        freshwater harmful algal blooms and hypoxia;
            ``(9) scientists, with expertise concerning harmful algal 
        blooms or hypoxia, from academic or research institutions; and
            ``(10) other stakeholders as appropriate.
    ``(c) Plan Development.--Each regional panel of experts shall 
develop a Regional Research and Action Plan for its respective region 
and submit it to the Program for approval and to the Task Force. The 
Plan shall identify appropriate elements for the region, including--
            ``(1) baseline ecological, social, and economic research 
        needed to understand the biological, physical, and chemical 
        conditions that cause, exacerbate, and result from harmful 
        algal blooms and hypoxia;
            ``(2) regional priorities for ecological and socio-economic 
        research on issues related to, and impacts of, harmful algal 
        blooms and hypoxia;
            ``(3) research needed to develop and advance technologies 
        for improving capabilities to predict, monitor, prevent, 
        control, and mitigate harmful algal blooms and hypoxia;
            ``(4) State and local government actions that may be 
        implemented--
                    ``(A) to support long-term monitoring efforts and 
                emergency monitoring as needed;
                    ``(B) to minimize the occurrence of harmful algal 
                blooms and hypoxia;
                    ``(C) to reduce the duration and intensity of 
                harmful algal blooms and hypoxia in times of emergency;
                    ``(D) to address human health dimensions of harmful 
                algal blooms and hypoxia; and
                    ``(E) to identify and protect vulnerable ecosystems 
                that could be, or have been, affected by harmful algal 
                blooms a