[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3650 Engrossed in House (EH)]

111th CONGRESS
  2d Session
                                H. R. 3650

_______________________________________________________________________

                                 AN ACT


 
  To establish a National Harmful Algal Bloom and Hypoxia Program, to 
   develop and coordinate a comprehensive and integrated strategy to 
   address harmful algal blooms and hypoxia, and to provide for the 
 development and implementation of comprehensive regional action plans 
              to reduce harmful algal blooms and hypoxia.

    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 Blooms and Hypoxia 
Research and Control Amendments Act of 2010''.

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

    Except as otherwise expressly provided, whenever in this Act 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. DEFINITIONS.

    (a) Amendment.--The Act is amended by inserting after section 602 
the following:

``SEC. 602A. DEFINITIONS.

    ``In this title:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Environmental Protection Agency.
            ``(2) Program.--The term `Program' means the National 
        Harmful Algal Bloom and Hypoxia Program established under 
        section 603A.
            ``(3) State.--The term `State' means each of the several 
        States of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the Virgin Islands, Guam, American 
        Samoa, the Commonwealth of the Northern Mariana Islands, any 
        other territory or possession of the United States, and any 
        Indian tribe.
            ``(4) Under secretary.--The term `Under Secretary' means 
        the Under Secretary of Commerce for Oceans and Atmosphere.''.
    (b) Table of Contents Amendment.--The table of contents in section 
2 of the Coast Guard Authorization Act of 1998 is amended by adding 
after the item relating to section 602 the following new item:

``Sec. 602A. Definitions.''.

SEC. 4. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA PROGRAM.

    (a) Amendment.--The Act is amended by inserting after section 603 
the following:

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

    ``(a) In General.--Except as provided in subsection (d), the Under 
Secretary, through the Task Force established under section 603(a), 
shall establish and maintain a National Harmful Algal Bloom and Hypoxia 
Program pursuant to this section.
    ``(b) Duties.--The Under Secretary, through the Program, shall 
coordinate the efforts of the Task Force to--
            ``(1) develop and promote a national strategy to 
        understand, detect, predict, control, mitigate, and respond to 
        marine and freshwater harmful algal bloom and hypoxia events;
            ``(2) integrate the research of all Federal programs, 
        including ocean and Great Lakes science and management programs 
        and centers, that address the chemical, biological, and 
        physical components of marine and freshwater harmful algal 
        blooms and hypoxia;
            ``(3) coordinate and work cooperatively with State, tribal, 
        and local government agencies and programs that address marine 
        and freshwater harmful algal blooms and hypoxia;
            ``(4) identify additional research, development, and 
        demonstration needs and priorities relating to monitoring, 
        prediction, prevention, control, mitigation, and response to 
        marine and freshwater harmful algal blooms and hypoxia;
            ``(5) encourage international information sharing and 
        research efforts on marine and freshwater harmful algal blooms 
        and hypoxia, and encourage international mitigation, control, 
        and response activities;
            ``(6) ensure the development and implementation of methods 
        and technologies to protect the ecosystems affected by marine 
        and freshwater harmful algal blooms;
            ``(7) integrate, coordinate, and augment existing education 
        programs to improve public understanding and awareness of the 
        causes, impacts, and mitigation efforts for marine and 
        freshwater harmful algal blooms and hypoxia;
            ``(8) assist in regional, State, tribal, and local efforts 
        to develop and implement appropriate marine and freshwater 
        harmful algal bloom and hypoxia response plans, strategies, and 
        tools;
            ``(9) provide resources for and assist in the training of 
        State, tribal, and local water and coastal resource managers in 
        the methods and technologies for monitoring, controlling, 
        mitigating, and responding to the effects of marine and 
        freshwater harmful algal blooms and hypoxia events;
            ``(10) oversee the development, implementation, review, and 
        periodic updating of the Regional Research and Action Plans 
        under section 603B; and
            ``(11) administer peer-reviewed, merit-based competitive 
        grant funding to support--
                    ``(A) the projects maintained and established by 
                the Program; and
                    ``(B) the research and management needs and 
                priorities identified in the Regional Research and 
                Action Plans.
    ``(c) Cooperative Efforts.--The Under Secretary shall work 
cooperatively and avoid duplication of efforts with other offices, 
centers, and programs within the National Oceanic and Atmospheric 
Administration and other agencies represented on the Task Force 
established under section 603(a), States, tribes, and nongovernmental 
organizations concerned with marine and freshwater aquatic issues 
related to harmful algal blooms and hypoxia.
    ``(d) Freshwater Program.--With respect to the freshwater aspects 
of the Program, the Administrator and Under Secretary, through the Task 
Force, shall carry out the duties otherwise assigned to the Under 
Secretary under this section and section 603B, including the activities 
described in subsection (e). The Administrator's participation under 
this subsection shall include--
            ``(1) research on the ecology of freshwater harmful algal 
        blooms;
            ``(2) monitoring and event response of freshwater harmful 
        algal blooms in lakes, rivers, estuaries (including their 
        tributaries), and reservoirs;
            ``(3) mitigation and control of freshwater harmful algal 
        blooms; and
            ``(4) an identification in the President's annual budget 
        request to Congress of how much funding is proposed in that 
        request for carrying out the activities described in subsection 
        (e).
    ``(e) National Oceanic and Atmospheric Administration Activities.--
As part of the program under this section, the Under Secretary shall--
            ``(1) maintain and enhance existing competitive grant 
        programs at the National Oceanic and Atmospheric Administration 
        relating to marine and freshwater harmful algal blooms and 
        hypoxia;
            ``(2) carry out marine and freshwater harmful algal bloom 
        and hypoxia events response activities; and
            ``(3) enhance communication and coordination among Federal 
        agencies carrying out marine and freshwater harmful algal bloom 
        and hypoxia activities, and increase the availability to 
        appropriate public and private entities of--
                    ``(A) analytical facilities and technologies;
                    ``(B) operational forecasts; and
                    ``(C) reference and research materials.
    ``(f) Integrated Coastal and Ocean Observation System.--All 
monitoring and observation data collected under this Act shall be 
collected in compliance with all data standards and protocols developed 
pursuant to the National Integrated Coastal and Ocean Observation 
System Act of 2009 (33 U.S.C. 3601 et seq.), and such data shall be 
made available through the System established under that Act.
    ``(g) Action Strategy.--
            ``(1) In general.--Not later than 12 months after the date 
        of enactment of the Harmful Algal Blooms and Hypoxia Research 
        and Control Amendments Act of 2010, the Under Secretary, 
        through the Task Force established under section 603(a), shall 
        transmit to the Congress an action strategy that identifies--
                    ``(A) the specific activities to be carried out by 
                the Program and the timeline for carrying out such 
                activities; and
                    ``(B) the roles and responsibilities of each 
                Federal agency in the Task Force established under 
                section 603(a) in carrying out Program activities.
            ``(2) Federal register.--The Under Secretary shall publish 
        the action strategy in the Federal Register.
            ``(3) Periodic revision.--The Under Secretary shall 
        periodically review and revise the action strategy prepared 
        under this subsection as necessary.
    ``(h) Report.--Two years after the submission of the action 
strategy, the Under Secretary shall prepare and transmit to the 
Congress a report that describes--
            ``(1) the activities carried out under the Program and the 
        Regional Research and Action Plans and the budget related to 
        these activities;
            ``(2) the progress made on implementing the action 
        strategy; and
            ``(3) the need to revise or terminate activities or 
        projects under the Program.''.
    (b) Table of Contents Amendment.--The table of contents in section 
2 of the Coast Guard Authorization Act of 1998 is amended by adding 
after the item relating to section 603 the following new item:

``Sec. 603A. National Harmful Algal Bloom and Hypoxia Program.''.

SEC. 5. REGIONAL RESEARCH AND ACTION PLANS.

    (a) Amendment.--The Act is amended by inserting after section 603A 
the following:

``SEC. 603B. REGIONAL RESEARCH AND ACTION PLANS.

    ``(a) In General.--The Under Secretary, through the Task Force 
established under section 603(a), shall--
            ``(1) identify the appropriate regions and subregions to be 
        addressed by each Regional Research and Action Plan; and
            ``(2) oversee the development and implementation of the 
        Regional Research and Action Plans.
    ``(b) Contents.--The Plans developed under this section shall 
identify--
            ``(1) regional priorities for ecological, economic, and 
        social research on issues related to the impacts of harmful 
        algal blooms and hypoxia;
            ``(2) research, development, and demonstration activities 
        needed to develop and advance technologies and techniques for 
        minimizing the occurrence of harmful algal blooms and hypoxia 
        and improving capabilities to prevent, predict, monitor, 
        control, and mitigate harmful algal blooms and hypoxia;
            ``(3) ways to reduce the duration and intensity of harmful 
        algal blooms and hypoxia, including in times of emergency;
            ``(4) research and methods to address human health 
        dimensions of harmful algal blooms and hypoxia;
            ``(5) mechanisms, including the potential costs and 
        benefits of those mechanisms, to protect vulnerable ecosystems 
        that could be or have been affected by harmful algal blooms and 
        hypoxia events;
            ``(6) mechanisms by which data, information, and products 
        are transferred between the Program and State, tribal, and 
        local governments and relevant research entities;
            ``(7) communication, outreach, and information 
        dissemination methods that State, tribal, and local governments 
        and stakeholder organizations can undertake to educate and 
        inform the public concerning harmful algal blooms and hypoxia; 
        and
            ``(8) the roles that Federal agencies can play to assist in 
        the implementation of the Plan.
    ``(c) Building on Available Studies and Information.--In developing 
the Plans under this section, the Under Secretary shall--
            ``(1) utilize and build on existing research, assessments, 
        and reports, including those carried out pursuant to existing 
        law and other relevant sources; and
            ``(2) consider the impacts, research, and existing program 
        activities of all United States coastlines and fresh and inland 
        waters, including the Great Lakes, the Chesapeake Bay, and 
        estuaries and tributaries.
    ``(d) Development of Plans.--The Under Secretary shall develop 
Plans under this section with assistance from the individuals and 
entities described in subsection (f).
    ``(e) Plan Timeline and Updates.--The Under Secretary, through the 
Task Force established under section 603(a), shall ensure that the 
Plans developed under this section are completed not later than 24 
months after the date of enactment of the Harmful Algal Blooms and 
Hypoxia Research and Control Amendments Act of 2010, and updated once 
every 5 years thereafter.
    ``(f) Coordination and Consultation.--In developing the Plans under 
this section, as appropriate, the Under Secretary--
            ``(1) shall coordinate with State coastal management and 
        planning officials;
            ``(2) shall coordinate with tribal resource management 
        officials;
            ``(3) shall coordinate with 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; and
            ``(4) shall consult with--
                    ``(A) public health officials;
                    ``(B) emergency management officials;
                    ``(C) science and technology development 
                institutions;
                    ``(D) economists;
                    ``(E) industries and businesses affected by marine 
                and freshwater harmful algal blooms and hypoxia;
                    ``(F) scientists, with expertise concerning harmful 
                algal blooms or hypoxia, from academic or research 
                institutions; and
                    ``(G) other stakeholders.''.
    (b) Table of Contents Amendment.--The table of contents in section 
2 of the Coast Guard Authorization Act of 1998 is amended by adding 
after the item relating to section 603A, as added by section 4(b) of 
this Act, the following new item:

``Sec. 603B. Regional research and action plans.''.

SEC. 6. NORTHERN GULF OF MEXICO HYPOXIA.

    Section 604 is amended to read as follows:

``SEC. 604. NORTHERN GULF OF MEXICO HYPOXIA.

    ``(a) Task Force Initial Progress Reports.--Not later than 12 
months after the date of enactment of the Harmful Algal Blooms and 
Hypoxia Research and Control Amendments Act of 2010, the Administrator, 
through the Mississippi River/Gulf of Mexico Watershed Nutrient Task 
Force, shall complete and transmit to the Congress and the President a 
report on the progress made by Task Force-directed activities toward 
attainment of the goals of the Gulf Hypoxia Action Plan 2008.
    ``(b) Task Force 2-Year Progress Reports.--After the initial report 
required under subsection (a), the Administrator, through the Task 
Force, shall complete and transmit to Congress and the President a 
report every 2 years thereafter on the progress made by Task Force-
directed activities toward attainment of the coastal goal of the Gulf 
Hypoxia Action Plan 2008.
    ``(c) Contents.--The reports required by this section shall assess 
progress made toward nutrient load reductions, the response of the 
hypoxic zone and water quality throughout the Mississippi/Atchafalaya 
River Basin, and the economic and social effects. The reports shall--
            ``(1) include an evaluation of how current policies and 
        programs affect management decisions, including those made by 
        municipalities and industrial and agricultural producers;
            ``(2) evaluate lessons learned; and
            ``(3) recommend appropriate actions to continue to 
        implement or, if necessary, revise the strategy set forth in 
        the Gulf Hypoxia Action Plan 2008.''.

SEC. 7. PACIFIC NORTHWEST, ESTUARIES, AND PUGET SOUND HYPOXIA.

    (a) Amendment.--The Act is amended by inserting after section 604 
the following:

``SEC. 604A. PACIFIC NORTHWEST, ESTUARIES, AND PUGET SOUND HYPOXIA.

    ``(a) Assessment Report.--Not later than 12 months after the date 
of enactment of the Harmful Algal Blooms and Hypoxia Research and 
Control Amendments Act of 2010, the Task Force established under 
section 603 shall complete and submit to Congress and the President an 
integrated assessment of hypoxia in the coastal and estuarine waters of 
the Pacific Northwest that examines the status of current research, 
monitoring, prevention, response, and control efforts.
    ``(b) Plan.--The Task Force shall include in the regionally 
appropriate Regional Research and Action Plan developed under section 
603B a plan, based on the integrated assessment submitted under 
subsection (a), for reducing, mitigating, and controlling hypoxia in 
the coastal and estuarine waters of the Pacific Northwest. In 
developing such plan, the Task Force shall consult with State, Indian 
tribe, and local governments, and academic, agricultural, industry, and 
environmental groups and representatives. Such plan shall include 
incentive-based partnership approaches. The plan shall also address the 
social and economic costs and benefits of the measures for reducing, 
mitigating, and controlling hypoxia.''.
    (b) Table of Contents Amendment.--The table of contents in section 
2 of the Coast Guard Authorization Act of 1998 is amended by adding 
after the item relating to section 604 the following new item:

``Sec. 604A. Pacific Northwest, estuaries, and Puget Sound hypoxia.''.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization.--Section 605 is amended to read as follows:

``SEC. 605. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated--
            ``(1) to the Under Secretary to carry out sections 603A and 
        603B, $34,000,000 for each of fiscal years 2011 through 2015, 
        of which, for each fiscal year--
                    ``(A) $2,000,000 may be used for the development of 
                the Regional Research and Action Plans and the reports 
                required by section 604A;
                    ``(B) $3,000,000 may be used for the research and 
                assessment activities related to marine and freshwater 
                harmful algal blooms at research laboratories of the 
                National Oceanic and Atmospheric Administration;
                    ``(C) $8,000,000 may be used to carry out the 
                Ecology and Oceanography of Harmful Algal Blooms 
                Program (ECOHAB);
                    ``(D) $5,500,000 may be used to carry out the 
                Monitoring and Event Response for Harmful Algal Blooms 
                Program (MERHAB);
                    ``(E) $1,500,000 may be used to carry out the 
                Northern Gulf of Mexico Ecosystems and Hypoxia 
                Assessment Program (NGOMEX);
                    ``(F) $5,000,000 may be used to carry out the 
                Coastal Hypoxia Research Program (CHRP);
                    ``(G) $5,000,000 may be used to carry out the 
                Prevention, Control, and Mitigation of Harmful Algal 
                Blooms Program (PCM);
                    ``(H) $1,000,000 may be used to carry out marine 
                and freshwater harmful algal bloom and hypoxia events 
                response activities; and
                    ``(I) $3,000,000 may be used for increased 
                availability, communication, and coordination 
                activities; and
            ``(2) to the Administrator to carry out sections 603A, 
        603B, and 604, $7,000,000 for each of fiscal years 2011 through 
        2015.''.
    (b) Extramural Research Activities.--The Under Secretary shall 
ensure that a substantial portion of funds appropriated pursuant to 
subsection (a) that are used for research purposes are allocated to 
extramural research activities.

            Passed the House of Representatives March 12, 2010.

            Attest:

                                                                 Clerk.
111th CONGRESS

  2d Session

                               H. R. 3650

_______________________________________________________________________

                                 AN ACT

  To establish a National Harmful Algal Bloom and Hypoxia Program, to 
   develop and coordinate a comprehensive and integrated strategy to 
   address harmful algal blooms and hypoxia, and to provide for the 
 development and implementation of comprehensive regional action plans 
              to reduce harmful algal blooms and hypoxia.