Short title

This Act may be cited as the

Harmful Algal Blooms and Hypoxia Research and Control Amendments Act of 2009

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).

Definitions

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

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.

National Harmful Algal Bloom and Hypoxia Program

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

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.

Regional research and action plans

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

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.

Northern Gulf of Mexico Hypoxia

Section 604 is amended to read as follows:

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.

Pacific Northwest, estuaries, and Puget Sound hypoxia

The Act is amended by inserting after section 604 the following:

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.

Authorization of appropriations

Section 605 is amended to read as follows:

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.