[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.''.
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