[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3650 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 3650
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 25, 2009
Mr. Baird (for himself, Mr. Ehlers, Mr. Mack, Ms. Castor of Florida,
Mr. Delahunt, and Mr. Kratovil) introduced the following bill; which
was referred to the Committee on Science and Technology, and in
addition to the Committee on Natural 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 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 2009''.
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.
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) Under secretary.--The term `Under Secretary' means
the Under Secretary of Commerce for Oceans and Atmosphere.''.
SEC. 4. 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) 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--
``(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) ensure the coordination of all Federal programs that
address marine and freshwater 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 marine and freshwater harmful algal blooms and
hypoxia;
``(3) coordinate and work cooperatively with regional,
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,
prevention, control, mitigation, and response to marine and
freshwater harmful algal blooms and hypoxia;
``(5) support international research efforts on marine and
freshwater harmful algal blooms and hypoxia, and support
international information sharing, 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) 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 marine and freshwater
harmful algal blooms and hypoxia;
``(8) facilitate regional, State, tribal, and local efforts
to develop and implement appropriate marine and freshwater
harmful algal bloom and hypoxia response plans, strategies, and
tools, including outreach programs and information
dissemination mechanisms;
``(9) facilitate and provide resources for training of
regional, State, tribal, and local coastal and water resource
managers in the methods and technologies for monitoring,
preventing, controlling, mitigating, and responding to marine
and freshwater harmful algal blooms and hypoxia events;
``(10) develop and enhance critical observations,
monitoring, modeling, data management, information
dissemination, and operational forecasts;
``(11) oversee the development, implementation, review, and
periodic updating of the Regional Research and Action Plans
under section 603B; and
``(12) 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 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 Under Secretary and the Administrator shall jointly
carry out the duties otherwise assigned to the Under Secretary under
this section and section 603B.
``(e) 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 2009, 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.
``(f) Report.--Every 2 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
budget related to these activities; and
``(2) the progress made on implementing the action
strategy.''.
SEC. 5. REGIONAL RESEARCH AND ACTION PLANS.
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 for improving
capabilities to predict, monitor, prevent, control, and
mitigate harmful algal blooms and hypoxia;
``(3) actions to minimize the occurrence of harmful algal
blooms and hypoxia;
``(4) ways to reduce the duration and intensity of harmful
algal blooms and hypoxia, including in times of emergency;
``(5) research and methods to address human health
dimensions of harmful algal blooms and hypoxia;
``(6) mechanisms to protect vulnerable ecosystems that
could be or have been affected by harmful algal blooms and
hypoxia events;
``(7) mechanisms by which data, information, and products
are transferred between the Program and State, tribal, and
local governments and relevant research entities;
``(8) communication, outreach, and information
dissemination methods that State, tribal, and local governments
and nongovernmental organizations can undertake to educate and
inform the public concerning harmful algal blooms and hypoxia;
and
``(9) the roles that Federal agencies can play to help
facilitate implementation of the Plan.
``(c) Building on Available Studies and Information.--In developing
the Plans under this section, the Under Secretary shall utilize and
build on existing research, assessments, and reports, including those
carried out pursuant to existing law and other relevant sources.
``(d) Development of Plans.--The Under Secretary may develop Plans
under this section with assistance from the individuals and entities
described in subsection (g).
``(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 12
months after the date of enactment of the Harmful Algal Blooms and
Hypoxia Research and Control Amendments Act of 2009, and updated once
every 5 years thereafter.
``(f) Reports.--Not later than 12 months after the date of
enactment of this Act, and once every two years after the completion of
the Regional Research and Actions Plans, the Under Secretary shall
transmit to the Congress a report that describes--
``(1) the contents of each Plan;
``(2) the activities taken to implement the Plans,
including a description of research funded and actions and
outcomes of Plan response strategies carried out; and
``(3) Federal funding provided to implement the Plans.
``(g) Consultation.--In developing the Plans under this section, as
appropriate, the Under Secretary shall consult with--
``(1) State coastal management and planning officials;
``(2) tribal resource management officials;
``(3) 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;
``(4) public health officials;
``(5) emergency management officials;
``(6) nongovernmental organizations concerned with marine
and aquatic issues;
``(7) science and technology development institutions;
``(8) economists;
``(9) industries and businesses affected by marine and
freshwater harmful algal blooms and hypoxia;
``(10) scientists, with expertise concerning harmful algal
blooms or hypoxia, from academic or research institutions; and
``(11) other stakeholders.''.
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 2 years
after the date of enactment of the Harmful Algal Blooms and Hypoxia
Research and Control Amendments Act of 2009, 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 coastal goal of the
2008 Gulf Hypoxia Action Plan.
``(b) Task Force 5-Year Progress Reports.--After the initial report
required under subsection (a), the Task Force shall complete and
transmit to Congress and the President a report every 5 years
thereafter on the progress made by Task Force-directed activities
toward attainment of the coastal goal of the 2008 Gulf Hypoxia Action
Plan.
``(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 2008 Gulf Hypoxia Action Plan.''.
SEC. 7. PACIFIC NORTHWEST, ESTUARIES, AND PUGET SOUND HYPOXIA.
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 this Act, 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.--Not later than 2 years after the date of enactment of
this Act, such Task Force 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 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. At least 90 days before submission of such
plan to the Congress, a summary of the proposed plan shall be published
in the Federal Register. After submission of the plan, the Task Force
shall provide progress reports on the activities toward attainment of
the goals set forth in the plan reduce, mitigate, and control hypoxia
in the coastal and estuarine waters of the Pacific Northwest every 2
years.''.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
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, $35,000,000 for each of fiscal years 2010 through 2014,
of which $5,000,000 for each such fiscal year shall be for the
development of the Regional Research and Action Plans required
by section 603B; and
``(2) to the Administrator to carry out sections 603A and
603B, $6,000,000 for each of fiscal years 2010 through 2014.''.
<all>