[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3650 Placed on Calendar Senate (PCS)]
Calendar No. 318
111th CONGRESS
2d Session
H. R. 3650
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 15, 2010
Received; read twice and placed on the calendar
_______________________________________________________________________
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:
LORRAINE C. MILLER,
Clerk.
Calendar No. 318
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.
_______________________________________________________________________
March 15, 2010
Received; read twice and placed on the calendar