[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 952 Reported in Senate (RS)]

                                                       Calendar No. 271
111th CONGRESS
  2d Session
                                 S. 952

                          [Report No. 111-125]

To develop and promote a comprehensive plan for a national strategy to 
  address harmful algal blooms and hypoxia through baseline research, 
 forecasting and monitoring, and mitigation and control while helping 
   communities detect, control, and mitigate coastal and Great Lakes 
                harmful algal blooms and hypoxia events.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 1, 2009

Ms. Snowe (for herself, Mr. Nelson of Florida, Ms. Cantwell, Mr. Levin, 
  Mr. Vitter, Mr. Cardin, Ms. Landrieu, Mrs. Boxer, Ms. Collins, Mr. 
 Kerry, Mr. Begich, Mr. Burris, Mr. Whitehouse, Ms. Mikulski, and Mr. 
   Feingold) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

                            February 4, 2010

             Reported by Mr. Rockefeller, with an amendment
 [Strike all after the enacting clause and insert the part printed in 
                                italic]

_______________________________________________________________________

                                 A BILL


 
To develop and promote a comprehensive plan for a national strategy to 
  address harmful algal blooms and hypoxia through baseline research, 
 forecasting and monitoring, and mitigation and control while helping 
   communities detect, control, and mitigate coastal and Great Lakes 
                harmful algal blooms and hypoxia events.

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Harmful 
Algal Blooms and Hypoxia Research and Control Amendments Act of 
2009''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Amendment of Harmful Algal Bloom and Hypoxia Research 
                            and Control Act of 1998.
<DELETED>Sec. 3. Findings.
<DELETED>Sec. 4. Purpose.
<DELETED>Sec. 5. Interagency task force on harmful algal blooms and 
                            hypoxia.
<DELETED>Sec. 6. National harmful algal bloom and hypoxia program.
<DELETED>Sec. 7. Regional research and action plans.
<DELETED>Sec. 8. Reporting.
<DELETED>Sec. 9. Northern Gulf of Mexico Hypoxia.
<DELETED>Sec. 10 Pilot program for freshwater harmful algal blooms and 
                            hypoxia.
<DELETED>Sec. 11. Interagency financing.
<DELETED>Sec. 12. Application with other laws.
<DELETED>Sec. 13. Definitions.
<DELETED>Sec. 14. Authorization of appropriations.

<DELETED>SEC. 2. AMENDMENT OF HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH 
              AND CONTROL ACT OF 1998.</DELETED>

<DELETED>    Except as otherwise expressly provided, whenever in this 
title 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).</DELETED>

<DELETED>SEC. 3. FINDINGS.</DELETED>

<DELETED>    Section 602 is amended to read as follows:</DELETED>

<DELETED>``SEC. 602. FINDINGS.</DELETED>

<DELETED>    The Congress finds the following:</DELETED>
        <DELETED>    ``(1) Harmful algal blooms and hypoxia are 
        increasing in frequency and intensity in the Nation's coastal 
        waters and Great Lakes and pose a threat to the health of 
        coastal and Great Lakes ecosystems, are costly to coastal 
        economies, and threaten the safety of seafood and human 
        health.</DELETED>
        <DELETED>    ``(2) Excessive nutrients in coastal waters have 
        been linked to the increased intensity and frequency of hypoxia 
        and some harmful algal blooms and there is a need to identify 
        more workable and effective actions to reduce the negative 
        impacts of harmful algal blooms and hypoxia on coastal 
        waters.</DELETED>
        <DELETED>    ``(3) The National Oceanic and Atmospheric 
        Administration, through its ongoing research, monitoring, 
        observing, education, grant, and coastal resource management 
        programs and in collaboration with the other Federal agencies, 
        on the Interagency Task Force, along with States, Indian 
        tribes, and local governments, possesses a full range of 
        capabilities necessary to support a near and long-term 
        comprehensive effort to prevent, reduce, and control the human 
        and environmental costs of harmful algal blooms and 
        hypoxia.</DELETED>
        <DELETED>    ``(4) Harmful algal blooms and hypoxia can be 
        triggered and exacerbated by increases in nutrient loading from 
        point and non-point sources, much of which originates in upland 
        areas and is delivered to marine and freshwater bodies via 
        river discharge, thereby requiring integrated and landscape-
        level research and control strategies.</DELETED>
        <DELETED>    ``(5) Harmful algal blooms and hypoxia affect many 
        sectors of the coastal economy, including tourism, public 
        health, and recreational and commercial fisheries; and 
        according to a recent report produced by NOAA, the United 
        States seafood and tourism industries suffer annual losses of 
        $82 million due to economic impacts of harmful algal 
        blooms.</DELETED>
        <DELETED>    ``(6) Global climate change and its effect on 
        oceans and the Great Lakes may ultimately play a role in the 
        increase or decrease of harmful algal bloom and hypoxic 
        events.</DELETED>
        <DELETED>    ``(7) Proliferations of harmful and nuisance algae 
        can occur in all United States waters, including coastal areas 
        and estuaries, the Great Lakes, and inland waterways, crossing 
        political boundaries and necessitating regional coordination 
        for research, monitoring, mitigation, response, and prevention 
        efforts.</DELETED>
        <DELETED>    ``(8) Following passage of the Harmful Algal Bloom 
        and Hypoxia Research and Control Act of 1998, federally funded 
        and other research has led to several technological advances, 
        including remote sensing, molecular and optical tools, 
        satellite imagery, and coastal and ocean observing systems, 
        that provide data for forecast models, improve the monitoring 
        and prediction of these events, and provide essential 
        decisionmaking tools for managers and 
        stakeholders.''.</DELETED>

<DELETED>SEC. 4. PURPOSE.</DELETED>

<DELETED>    The Act is amended by inserting after section 602 the 
following:</DELETED>

<DELETED>``SEC. 602A. PURPOSES.</DELETED>

<DELETED>    ``The purposes of this Act are--</DELETED>
        <DELETED>    ``(1) to provide for the development and 
        coordination of a comprehensive and integrated national program 
        to address harmful algal blooms and hypoxia through baseline 
        research, monitoring, prevention, mitigation, and 
        control;</DELETED>
        <DELETED>    ``(2) to provide for the assessment of 
        environmental, socio-economic, and human health impacts of 
        harmful algal blooms and hypoxia on a regional and national 
        scale, and to integrate that assessment into marine and 
        freshwater resource decisions; and</DELETED>
        <DELETED>    ``(3) to facilitate regional, State, and local 
        efforts to develop and implement appropriate harmful algal 
        bloom and hypoxia response plans, strategies, and tools 
        including outreach programs and information dissemination 
        mechanisms.''.</DELETED>

<DELETED>SEC. 5. INTERAGENCY TASK FORCE ON HARMFUL ALGAL BLOOMS AND 
              HYPOXIA.</DELETED>

<DELETED>    (a) Federal Representatives.--Section 603(a) is amended--
</DELETED>
        <DELETED>    (1) by striking ``The Task Force shall consist of 
        the following representatives from--'' and inserting ``The Task 
        Force shall consist of representatives of the Office of the 
        Secretary from each of the following departments and of the 
        office of the head of each of the following Federal 
        agencies:'';</DELETED>
        <DELETED>    (2) by striking ``the'' in paragraphs (1) through 
        (11) and inserting ``The'';</DELETED>
        <DELETED>    (3) by striking the semicolon in paragraphs (1) 
        through (10) and inserting a period;</DELETED>
        <DELETED>    (4) by striking ``Quality; and'' in paragraph (11) 
        and inserting ``Quality.''; and</DELETED>
        <DELETED>    (5) by striking ``such other'' in paragraph (12) 
        and inserting ``Other''.</DELETED>
<DELETED>    (b) State Representatives.--Section 603 is amended--
</DELETED>
        <DELETED>    (1) by striking subsections (b) through (i); 
        and</DELETED>
        <DELETED>    (2) by inserting after subsection (a) the 
        following:</DELETED>
<DELETED>    ``(b) State Representatives.--The Secretary shall 
establish criteria for determining appropriate States to serve on the 
Task Force and establish and implement a nominations process to select 
representatives from 2 appropriate States in different regions, on a 
rotating basis, to serve 2-year terms on the Task Force.''.</DELETED>

<DELETED>SEC. 6. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA 
              PROGRAM.</DELETED>

<DELETED>    The Act is amended by inserting after section 603 the 
following:</DELETED>

<DELETED>``SEC. 603A. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA 
              PROGRAM.</DELETED>

<DELETED>    ``(a) Establishment.--The President, acting through NOAA, 
shall establish and maintain a national program for integrating efforts 
to address harmful algal bloom and hypoxia research, monitoring, 
prediction, control, mitigation, prevention, and outreach.</DELETED>
<DELETED>    ``(b) Task Force Functions.--The Task Force shall be the 
oversight body for the development and implementation of the national 
harmful algal bloom and hypoxia program and shall--</DELETED>
        <DELETED>    ``(1) coordinate interagency review of plans and 
        policies of the Program;</DELETED>
        <DELETED>    ``(2) assess interagency work and spending plans 
        for implementing the activities of the Program;</DELETED>
        <DELETED>    ``(3) review the Program's distribution of Federal 
        grants and funding to address research priorities;</DELETED>
        <DELETED>    ``(4) support implementation of the actions and 
        strategies identified in the regional research and action plans 
        under subsection (d);</DELETED>
        <DELETED>    ``(5) support the development of institutional 
        mechanisms and financial instruments to further the goals of 
        the program;</DELETED>
        <DELETED>    ``(6) expedite the interagency review process and 
        ensure timely review and dispersal of required reports and 
        assessments under this Act; and</DELETED>
        <DELETED>    ``(7) promote the development of new technologies 
        for predicting, monitoring, and mitigating harmful algal blooms 
        and hypoxia conditions.</DELETED>
<DELETED>    ``(c) Lead Federal Agency.--NOAA shall be the lead Federal 
agency for implementing and administering the National Harmful Algal 
Bloom and Hypoxia Program.</DELETED>
<DELETED>    ``(d) Responsibilities.--The Program shall--</DELETED>
        <DELETED>    ``(1) promote a national strategy to help 
        communities understand, detect, predict, control, and mitigate 
        freshwater and marine harmful algal bloom and hypoxia 
        events;</DELETED>
        <DELETED>    ``(2) plan, coordinate, and implement the National 
        Harmful Algal Bloom and Hypoxia Program; and</DELETED>
        <DELETED>    ``(3) report to the Task Force via the 
        Administrator.</DELETED>
<DELETED>    ``(e) Duties.--</DELETED>
        <DELETED>    ``(1) Administrative duties.--The Program shall--
        </DELETED>
                <DELETED>    ``(A) prepare work and spending plans for 
                implementing the activities of the Program and 
                developing and implementing the Regional Research and 
                Action Plans;</DELETED>
                <DELETED>    ``(B) administer merit-based, competitive 
                grant funding to support the projects maintained and 
                established by the Program, and to address the research 
                and management needs and priorities identified in the 
                Regional Research and Action Plans;</DELETED>
                <DELETED>    ``(C) coordinate NOAA programs that 
                address 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 harmful algal blooms and 
                hypoxia;</DELETED>
                <DELETED>    ``(D) coordinate and work cooperatively 
                with other Federal, State, and local government 
                agencies and programs that address harmful algal blooms 
                and hypoxia;</DELETED>
                <DELETED>    ``(E) coordinate with the State Department 
                to support international efforts on harmful algal bloom 
                and hypoxia information sharing, research, mitigation, 
                and control;</DELETED>
                <DELETED>    ``(F) 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 harmful algal blooms and hypoxia;</DELETED>
                <DELETED>    ``(G) facilitate and provide resources for 
                training of State and local coastal and water resource 
                managers in the methods and technologies for 
                monitoring, controlling, and mitigating harmful algal 
                blooms and hypoxia;</DELETED>
                <DELETED>    ``(H) support regional efforts to control 
                and mitigate outbreaks through--</DELETED>
                        <DELETED>    ``(i) communication of the 
                        contents of the Regional Research and Action 
                        Plans and maintenance of online data portals 
                        for other information about harmful algal 
                        blooms and hypoxia to State and local 
                        stakeholders within the region for which each 
                        plan is developed; and</DELETED>
                        <DELETED>    ``(ii) overseeing the development, 
                        review, and periodic updating of Regional 
                        Research and Action Plans established under 
                        section 602C(b);</DELETED>
                <DELETED>    ``(I) convene an annual meeting of the 
                Task Force; and</DELETED>
                <DELETED>    ``(J) perform such other tasks as may be 
                delegated by the Task Force.</DELETED>
        <DELETED>    ``(2) NOAA duties.--NOAA shall maintain and 
        enhance--</DELETED>
                <DELETED>    ``(A) the Ecology and Oceanography of 
                Harmful Algal Blooms Program;</DELETED>
                <DELETED>    ``(B) the Monitoring and Event Response 
                for Harmful Algal Blooms Program;</DELETED>
                <DELETED>    ``(C) the Northern Gulf of Mexico 
                Ecosystems and Hypoxia Assessment Program; 
                and</DELETED>
                <DELETED>    ``(D) the Coastal Hypoxia Research 
                Program.</DELETED>
        <DELETED>    ``(3) Program duties.--The Program shall--
        </DELETED>
                <DELETED>    ``(A) establish--</DELETED>
                        <DELETED>    ``(i) a Mitigation and Control of 
                        Harmful Algal Blooms Program--</DELETED>
                                <DELETED>    ``(I) to develop and 
                                promote strategies for the prevention, 
                                mitigation, and control of harmful 
                                algal blooms;</DELETED>
                                <DELETED>    ``(II) to fund research 
                                that may facilitate the prevention, 
                                mitigation, and control of harmful 
                                algal blooms; and</DELETED>
                                <DELETED>    ``(III) to develop and 
                                demonstrate technology that may 
                                mitigate and control harmful algal 
                                blooms; and</DELETED>
                        <DELETED>    ``(ii) other programs as 
                        necessary; and</DELETED>
                <DELETED>    ``(B) work cooperatively with other 
                offices, centers, and programs within NOAA and other 
                agencies represented on the Task Force, States, and 
                nongovernmental organizations concerned with marine and 
                aquatic issues to manage data, products, and 
                infrastructure, including--</DELETED>
                        <DELETED>    ``(i) compiling, managing, and 
                        archiving data from relevant programs in Task 
                        Force member agencies;</DELETED>
                        <DELETED>    ``(ii) creating data portals for 
                        general education and data dissemination on 
                        centralized, publicly available databases; 
                        and</DELETED>
                        <DELETED>    ``(iii) establishing communication 
                        routes for data, predictions, and management 
                        tools both to and from the regions, states, and 
                        local communities.''.</DELETED>

<DELETED>SEC. 7. REGIONAL RESEARCH AND ACTION PLANS.</DELETED>

<DELETED>    The Act, as amended by section 6, is amended by inserting 
after section 602A the following:</DELETED>

<DELETED>``SEC. 602B. REGIONAL RESEARCH AND ACTION PLANS.</DELETED>

<DELETED>    ``(a) In General.--The Program shall--</DELETED>
        <DELETED>    ``(1) oversee the development and implementation 
        of Regional Research and Action Plans; and</DELETED>
        <DELETED>    ``(2) identify appropriate regions and sub-regions 
        to be addressed by each Regional Research and Action 
        Plan.</DELETED>
<DELETED>    ``(b) Regional Panels of Experts.--</DELETED>
        <DELETED>    ``(1) In general.--In accordance with the schedule 
        set forth in paragraph (2), the Program shall convene a panel 
        of experts for each region identified under subsection (a)(2) 
        from among--</DELETED>
                <DELETED>    ``(A) State coastal management and 
                planning officials;</DELETED>
                <DELETED>    ``(B) 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;</DELETED>
                <DELETED>    ``(C) public health officials;</DELETED>
                <DELETED>    ``(D) emergency management 
                officials;</DELETED>
                <DELETED>    ``(E) nongovernmental organizations 
                concerned with marine and aquatic issues;</DELETED>
                <DELETED>    ``(F) science and technology development 
                institutions;</DELETED>
                <DELETED>    ``(G) economists;</DELETED>
                <DELETED>    ``(H) industries and businesses affected 
                by coastal and freshwater harmful algal blooms and 
                hypoxia;</DELETED>
                <DELETED>    ``(I) scientists, with expertise 
                concerning harmful algal blooms or hypoxia, from 
                academic or research institutions; and</DELETED>
                <DELETED>    ``(J) other stakeholders as 
                appropriate.</DELETED>
        <DELETED>    ``(2) Schedule.--The Program shall--</DELETED>
                <DELETED>    ``(A) convene panels in at least 
                </DELETED>\<DELETED>1/3</DELETED>\ <DELETED>of the 
                regions within 9 months after the date of enactment of 
                the Harmful Algal Blooms and Hypoxia Research and 
                Control Amendments Act of 2009;</DELETED>
                <DELETED>    ``(B) convene panels in at least 
                </DELETED>\<DELETED>2/3</DELETED>\ <DELETED>of the 
                regions within 21 months after such date;</DELETED>
                <DELETED>    ``(C) convene panels in the remaining 
                regions within 33 months after such date; and</DELETED>
                <DELETED>    ``(D) reconvene each panel at least every 
                5 years after the date on which it was initially 
                convened.</DELETED>
<DELETED>    ``(c) Plan Development.--Each regional panel of experts 
shall develop a Regional Research and Action Plan for its respective 
region and submit it to the Program for approval and to the Task Force. 
The Plan shall identify appropriate elements for the region, 
including--</DELETED>
        <DELETED>    ``(1) baseline ecological, social, and economic 
        research needed to understand the biological, physical, and 
        chemical conditions that cause, exacerbate, and result from 
        harmful algal blooms and hypoxia;</DELETED>
        <DELETED>    ``(2) regional priorities for ecological and 
        socio-economic research on issues related to, and impacts of, 
        harmful algal blooms and hypoxia;</DELETED>
        <DELETED>    ``(3) research needed to develop and advance 
        technologies for improving capabilities to predict, monitor, 
        prevent, control, and mitigate harmful algal blooms and 
        hypoxia;</DELETED>
        <DELETED>    ``(4) State and local government actions that may 
        be implemented--</DELETED>
                <DELETED>    ``(A) to support long-term monitoring 
                efforts and emergency monitoring as needed;</DELETED>
                <DELETED>    ``(B) to minimize the occurrence of 
                harmful algal blooms and hypoxia;</DELETED>
                <DELETED>    ``(C) to reduce the duration and intensity 
                of harmful algal blooms and hypoxia in times of 
                emergency;</DELETED>
                <DELETED>    ``(D) to address human health dimensions 
                of harmful algal blooms and hypoxia; and</DELETED>
                <DELETED>    ``(E) to identify and protect vulnerable 
                ecosystems that could be, or have been, affected by 
                harmful algal blooms and hypoxia;</DELETED>
        <DELETED>    ``(5) mechanisms by which data and products are 
        transferred between the Program and State and local governments 
        and research entities;</DELETED>
        <DELETED>    ``(6) communication, outreach and information 
        dissemination efforts that State and local governments and 
        nongovernmental organizations can undertake to educate and 
        inform the public concerning harmful algal blooms and hypoxia 
        and alternative coastal resource-utilization opportunities that 
        are available; and</DELETED>
        <DELETED>    ``(7) pilot projects, if appropriate, that may be 
        implemented on local, State, and regional scales to address the 
        research priorities and response actions identified in the 
        Plan.</DELETED>
<DELETED>    ``(d) Plan Timelines; Updates.--The Program shall ensure 
that Regional Research and Action Plans developed under this section 
are--</DELETED>
        <DELETED>    ``(1) completed and approved by the Program within 
        12 months after the date on which a regional panel is convened 
        or reconvened under subsection (b)(2); and</DELETED>
        <DELETED>    ``(2) updated no less frequently than once every 5 
        years.</DELETED>
<DELETED>    ``(e) Funding.--</DELETED>
        <DELETED>    ``(1) In general.--Subject to available 
        appropriations, the Program shall make funding available to 
        eligible organizations to implement the research, monitoring, 
        forecasting, modeling, and response actions included under each 
        approved Regional Research and Action Plan. The Program shall 
        select recipients through a merit-based, competitive process 
        and seek to fund research proposals that most effectively align 
        with the research priorities identified in the relevant 
        Regional Research and Action Plan.</DELETED>
        <DELETED>    ``(2) Application; assurances.--Any organization 
        seeking funding under this subsection shall submit an 
        application to the Program at such time, in such form and 
        manner, and containing such information and assurances as the 
        Program may require. The Program shall require any organization 
        receiving funds under this subsection to utilize the mechanisms 
        described in subsection (c)(5) to ensure the transfer of data 
        and products developed under the Plan.</DELETED>
        <DELETED>    ``(3) Eligible organization.--In this subsection, 
        the term `eligible organization' means--</DELETED>
                <DELETED>    ``(A) a nongovernmental researcher or 
                organization; or</DELETED>
                <DELETED>    ``(B) any other entity that applies for 
                funding to implement the State, local, and non-
                governmental control, mitigation, and prevention 
                strategies identified in the relevant Regional Research 
                and Action Plan.</DELETED>
<DELETED>    ``(f) Intermediate Reviews.--If the Program determines 
that an intermediate review is necessary to address emergent needs in 
harmful algal blooms and hypoxia under a Regional Research and Action 
Plan, it shall notify the Task Force and reconvene the relevant 
regional panel of experts for the purpose of revising the Regional 
Research and Action Plan so as to address the emergent threat or 
need.''.</DELETED>

<DELETED>SEC. 8. REPORTING.</DELETED>

<DELETED>    Section 603, as amended by section 5, is amended by adding 
at the end thereof the following:</DELETED>
<DELETED>    ``(c) Biennial Reports.--Every 2 years the Program shall 
prepare a report for the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committees on Science 
and Technology and on Natural Resources that describe--</DELETED>
        <DELETED>    ``(1) activities, budgets, and progress on 
        implementing the national harmful algal bloom and hypoxia 
        program;</DELETED>
        <DELETED>    ``(2) the proceedings of the annual Task Force 
        meetings; and</DELETED>
        <DELETED>    ``(3) the status, activities, and funding for 
        implementation of the Regional Research and Action Plans, 
        including a description of research funded under the program 
        and actions and outcomes of Plan response strategies carried 
        out by States.</DELETED>
<DELETED>    ``(d) Quinquennial Reports.--Not less than once every 5 
years after the date of enactment of the Harmful Algal Blooms and 
Hypoxia Research and Control Amendments Act of 2009, the Task Force 
shall complete and submit a report on harmful algal blooms and hypoxia 
in marine and freshwater systems to the Senate Committee on Commerce, 
Science, and Transportation and the House of Representatives Committees 
on Science and Technology and on Natural Resources. The report shall--
</DELETED>
        <DELETED>    ``(1) evaluate the state of scientific knowledge 
        of harmful algal blooms and hypoxia in marine and freshwater 
        systems, including their causes and ecological 
        consequences;</DELETED>
        <DELETED>    ``(2) evaluate the social and economic impacts of 
        harmful algal blooms and hypoxia, including their impacts on 
        coastal communities, and review those communities' efforts and 
        associated economic costs related to event forecasting, 
        planning, mitigation, response, and public outreach and 
        education;</DELETED>
        <DELETED>    ``(3) examine and evaluate the human health 
        impacts of harmful algal blooms and hypoxia, including any gaps 
        in existing research;</DELETED>
        <DELETED>    ``(4) describe advances in capabilities for 
        monitoring, forecasting, modeling, control, mitigation, and 
        prevention of harmful algal blooms and hypoxia, including 
        techniques for, integrating landscape- and watershed-level 
        water quality information into marine and freshwater harmful 
        algal bloom and hypoxia prevention and mitigation strategies at 
        Federal and regional levels;</DELETED>
        <DELETED>    ``(5) evaluate progress made by, and the needs of, 
        Federal, regional, State, and local policies and strategies for 
        forecasting, planning, mitigating, preventing, and responding 
        to harmful algal blooms and hypoxia, including the economic 
        costs and benefits of such policies and strategies;</DELETED>
        <DELETED>    ``(6) make recommendations for integrating, 
        improving, and funding future Federal, regional, State, and 
        local policies and strategies for preventing and mitigating the 
        occurrence and impacts of harmful algal blooms and hypoxia; 
        and</DELETED>
        <DELETED>    ``(7) describe communication, outreach, and 
        education efforts to raise public awareness of harmful algal 
        blooms and hypoxia, their impacts, and the methods for 
        mitigation and prevention.''.</DELETED>

<DELETED>SEC. 9. NORTHERN GULF OF MEXICO HYPOXIA.</DELETED>

<DELETED>    Section 604 is amended to read as follows:</DELETED>

<DELETED>``SEC. 604. NORTHERN GULF OF MEXICO HYPOXIA.</DELETED>

<DELETED>    (a) Task Force Annual Progress Reports.--For each of the 
years from 2009 through 2013, the Mississippi River/Gulf of Mexico 
Watershed Nutrient Task Force shall complete and submit to the Congress 
and the President an annual report on the progress made by Task Force-
directed activities toward attainment of the Coastal Goal of the Gulf 
Hypoxia Action Plan 2008.</DELETED>
<DELETED>    (b) Task Force 5-Year Progress Report.--In 2013, that Task 
Force shall complete and submit to Congress and the President a 5-year 
report on the progress made by Task Force-directed activities toward 
attainment of the Coastal Goal of the Gulf Hypoxia Action Plan 2008. 
The report 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 report shall include an evaluation of how current policies 
and programs affect management decisions, including those made by 
municipalities and industrial and agricultural producers, evaluate 
lessons learned, and recommend appropriate actions to continue to 
implement or, if necessary, revise this strategy.</DELETED>

<DELETED>SEC. 10. PILOT PROGRAM FOR FRESHWATER HARMFUL ALGAL BLOOMS AND 
              HYPOXIA.</DELETED>

<DELETED>    The Act, as amended by section 7, is amended by inserting 
after section 603B the following:</DELETED>

<DELETED>``SEC. 603C. PILOT PROGRAM FOR FRESHWATER HARMFUL ALGAL BLOOMS 
              AND HYPOXIA.</DELETED>

<DELETED>    ``(a) Pilot Program.--The Secretary shall establish a 
collaborative pilot program with the Environmental Protection Agency 
and other appropriate Federal agencies to examine harmful algal blooms 
and hypoxia occurring in freshwater systems, including the Great Lakes. 
The pilot program shall--</DELETED>
        <DELETED>    ``(1) assess the issues associated with, and 
        impacts of, harmful algal blooms and hypoxia in freshwater 
        ecosystems;</DELETED>
        <DELETED>    ``(2) research the efficacy of mitigation 
        measures, including measures to reduce nutrient loading; 
        and</DELETED>
        <DELETED>    ``(3) recommend potential management 
        solutions.</DELETED>
<DELETED>    ``(b) Report.--The Secretary of Commerce, in consultation 
with other participating Federal agencies, shall conduct an assessment 
of the effectiveness of the pilot program in improving freshwater 
habitat quality and publish a report, available to the public, of the 
results of the assessment.''.</DELETED>

<DELETED>SEC. 11. INTERAGENCY FINANCING.</DELETED>

<DELETED>    The Act is amended by inserting after section 604 the 
following:</DELETED>

<DELETED>``SEC. 604A. INTERAGENCY FINANCING.</DELETED>

<DELETED>    ``The departments and agencies represented on the Task 
Force are authorized to participate in interagency financing and share, 
transfer, receive, obligate, and expend funds appropriated to any 
member of the Task Force for the purposes of carrying out any 
administrative or programmatic project or activity under this Act, 
including support for the Program, a common infrastructure, information 
sharing, and system integration for harmful algal bloom and hypoxia 
research, monitoring, forecasting, prevention, and control. Funds may 
be transferred among such departments and agencies through an 
appropriate instrument that specifies the goods, services, or space 
being acquired from another Task Force member and the costs of the 
same.''.</DELETED>

<DELETED>SEC. 12. APPLICATION WITH OTHER LAWS.</DELETED>

<DELETED>    The Act is amended by inserting after section 606 the 
following:</DELETED>

<DELETED>``SEC. 607. EFFECT ON OTHER FEDERAL AUTHORITY.</DELETED>

<DELETED>    ``Nothing in this title supersedes or limits the authority 
of any agency to carry out its responsibilities and missions under 
other laws.''.</DELETED>

<DELETED>SEC. 13. DEFINITIONS.</DELETED>

<DELETED>    (a) In General.--The Act is amended by inserting after 
section 605 the following:</DELETED>

<DELETED>``SEC. 605A. DEFINITIONS.</DELETED>

<DELETED>    ``In this Act:</DELETED>
        <DELETED>    ``(1) Administrator.--The term `Administrator' 
        means the Administrator of the NOAA.</DELETED>
        <DELETED>    ``(2) Harmful algal bloom.--The term `harmful 
        algal bloom' means marine and freshwater phytoplankton that 
        proliferate to high concentrations, resulting in nuisance 
        conditions or harmful impacts on marine and aquatic ecosystems, 
        coastal communities, and human health through the production of 
        toxic compounds or other biological, chemical, and physical 
        impacts of the algae outbreak.</DELETED>
        <DELETED>    ``(3) Hypoxia.--The term `hypoxia' means a 
        condition where low dissolved oxygen in aquatic systems causes 
        stress or death to resident organisms.</DELETED>
        <DELETED>    ``(4) NOAA.--The term `NOAA' means the National 
        Oceanic and Atmospheric Administration.</DELETED>
        <DELETED>    ``(5) Program.--The term `Program' means the 
        Integrated Harmful Algal Bloom and Hypoxia Program established 
        under section 603A.</DELETED>
        <DELETED>    ``(6) Regional research and action plan.--The term 
        `Regional Research and Action Plan' means a plan established 
        under section 602B.</DELETED>
        <DELETED>    ``(7) Secretary.--The term `Secretary' means the 
        Secretary of Commerce, acting through NOAA.''.</DELETED>
        <DELETED>    ``(8) Task force.--The term `Task Force' means the 
        Interagency Task Force established by section 603(a).</DELETED>
        <DELETED>    ``(9) United states coastal waters.--The term 
        `United States coastal waters' includes the Great 
        Lakes.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--Section 603(a) is amended by 
striking ``Hypoxia (hereinafter referred to as the `Task force').'' and 
inserting ``Hypoxia.''.</DELETED>

<DELETED>SEC. 14. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    Section 605 is amended to read as follows:--</DELETED>

<DELETED>``SEC. 605. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    ``(a) In General.--There are authorized to be appropriated 
to NOAA to implement the Program under this title $40,000,000 for each 
of fiscal years 2010 through 2014, of which up to $10,000,000 shall be 
allocated each fiscal year to the creation of Regional Research and 
Action Plans required by section 602B.</DELETED>
<DELETED>    ``(b) Extramural Research Activities.--The 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.</DELETED>
<DELETED>    ``(c) Pilot Program.--In addition to any amounts 
appropriated pursuant to subsection (a), there are authorized to be 
appropriated to NOAA such sums as may be necessary to carry out the 
pilot program established under section 603C.''.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Harmful Algal 
Blooms and Hypoxia Research and Control Amendments Act of 2009''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Harmful Algal Bloom and Hypoxia Research and 
                            Control Act of 1998.
Sec. 3. Findings.
Sec. 4. Purpose.
Sec. 5. Interagency task force on harmful algal blooms and hypoxia.
Sec. 6. National harmful algal bloom and hypoxia program.
Sec. 7. Regional research and action plans.
Sec. 8. Reporting.
Sec. 9. Northern Gulf of Mexico Hypoxia.
Sec. 10 Pilot program for freshwater harmful algal blooms and hypoxia.
Sec. 11. Interagency financing.
Sec. 12. Application with other laws.
Sec. 13. Definitions.
Sec. 14. Authorization of appropriations.

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

    Except as otherwise expressly provided, whenever in this title 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. FINDINGS.

    Section 602 is amended to read as follows:

``SEC. 602. FINDINGS.

    ``The Congress finds the following:
            ``(1) Harmful algal blooms and hypoxia are increasing in 
        frequency and intensity in the Nation's coastal waters and 
        Great Lakes and pose a threat to the health of coastal and 
        Great Lakes ecosystems, are costly to coastal economies, and 
        threaten the safety of seafood and human health.
            ``(2) Excessive nutrients in coastal waters have been 
        linked to the increased intensity and frequency of hypoxia and 
        some harmful algal blooms and there is a need to identify more 
        workable and effective actions to reduce the negative impacts 
        of harmful algal blooms and hypoxia on coastal waters.
            ``(3) NOAA, through its ongoing research, monitoring, 
        observing, education, grant, and coastal resource management 
        programs and in collaboration with the other Federal agencies, 
        on the Interagency Task Force, along with States, Indian 
        tribes, and local governments, possesses capabilities necessary 
        to support a near and long-term comprehensive effort to 
        prevent, reduce, and control the human and environmental costs 
        of harmful algal blooms and hypoxia.
            ``(4) Harmful algal blooms and hypoxia can be triggered and 
        exacerbated by increases in nutrient loading from point and 
        non-point sources, much of which originates in upland areas and 
        is delivered to marine and freshwater bodies via river 
        discharge, thereby requiring integrated and landscape-level 
        research and control strategies.
            ``(5) Harmful algal blooms and hypoxia affect many sectors 
        of the coastal economy, including tourism, public health, and 
        recreational and commercial fisheries; and according to a 
        recent report produced by NOAA, the United States seafood and 
        tourism industries suffer annual losses of $82 million due to 
        economic impacts of harmful algal blooms.
            ``(6) Global climate change and its effect on oceans and 
        the Great Lakes may ultimately affect harmful algal bloom and 
        hypoxic events.
            ``(7) Proliferations of harmful and nuisance algae can 
        occur in all United States waters, including coastal areas and 
        estuaries, the Great Lakes, and inland waterways, crossing 
        political boundaries and necessitating regional coordination 
        for research, monitoring, mitigation, response, and prevention 
        efforts.
            ``(8) Following passage of the Harmful Algal Bloom and 
        Hypoxia Research and Control Act of 1998, federally funded and 
        other research has led to several technological advances, 
        including remote sensing, molecular and optical tools, 
        satellite imagery, and coastal and ocean observing systems, 
        that provide data for forecast models, improve the monitoring 
        and prediction of these events, and provide essential 
        decisionmaking tools for managers and stakeholders.''.

SEC. 4. PURPOSES.

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

``SEC. 602A. PURPOSES.

    ``The purposes of this title are--
            ``(1) to provide for the development and coordination of a 
        comprehensive and integrated national program to address 
        harmful algal blooms and hypoxia through baseline research, 
        monitoring, prevention, mitigation, and control;
            ``(2) to provide for the assessment of environmental, 
        socio-economic, and human health impacts of harmful algal 
        blooms and hypoxia on a regional and national scale, and to 
        integrate that assessment into marine and freshwater resource 
        decisions; and
            ``(3) to facilitate regional, State, tribal, and local 
        efforts to develop and implement appropriate harmful algal 
        bloom and hypoxia response plans, strategies, and tools 
        including outreach programs and information dissemination 
        mechanisms.''.

SEC. 5. INTERAGENCY TASK FORCE ON HARMFUL ALGAL BLOOMS AND HYPOXIA.

    Section 603(a) is amended--
            (1) by striking ``The Task Force shall consist of the 
        following representatives from--'' and inserting ``The Task 
        Force shall consist of representatives of the Office of the 
        Secretary from each of the following departments and of the 
        office of the head of each of the following Federal 
        agencies:'';
            (2) by striking ``the'' in paragraphs (1) through (11) and 
        inserting ``The'';
            (3) by striking the semicolon in paragraphs (1) through 
        (10) and inserting a period;
            (4) by striking ``Quality; and'' in paragraph (11) and 
        inserting ``Quality.'';
            (5) by redesignating paragraph (12) as paragraph (13) and 
        inserting after paragraph (11) the following;
            ``(12) The Centers for Disease Control.''; and
            (6) by striking ``such other'' in paragraph (13), as 
        redesignated, and inserting ``Other''.

SEC. 6. 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) Establishment.--The President, acting through the Committee 
on Natural Resources of the National Science and Technology Council, 
shall establish and maintain a national program for integrating efforts 
to address harmful algal bloom and hypoxia research, monitoring, 
prediction, control, mitigation, prevention, and outreach.
    ``(b) Action Strategy.--
            ``(1) In general.--The Task Force shall develop a national 
        harmful algal blooms and hypoxia action strategy that--
                    ``(A) is consistent with the purposes of this 
                title;
                    ``(B) includes a statement of goals and objectives; 
                and
                    ``(C) includes an implementation plan.
            ``(2) Consultation.--In developing the action strategy, the 
        Task Force shall consult with the HABs and Hypoxia Advisory 
        Group.
            ``(3) Publication.--Within 12 months after the date of 
        enactment of the Harmful Algal Blooms and Hypoxia Research and 
        Control Amendments Act of 2009, the Task Force shall--
                    ``(A) submit the action strategy to the Senate 
                Committee on Commerce, Science, and Transportation and 
                the House of Representatives Committees on Science and 
                Technology and on Natural Resources; and
                    ``(B) publish the action strategy in the Federal 
                Register.
            ``(4) Periodic revision.--The Task Force shall periodically 
        review and revise the strategy as necessary.
    ``(c) Task Force Functions.--The Task Force shall be the oversight 
body for the development and implementation of the national harmful 
algal bloom and hypoxia program and shall--
            ``(1) coordinate interagency review of plans and policies 
        of the Program;
            ``(2) assess interagency work and spending plans for 
        implementing the activities of the Program;
            ``(3) review the Program's distribution of Federal grants 
        and funding to address research priorities;
            ``(4) support implementation of the actions and strategies 
        identified in the regional research and action plans under 
        subsection (d);
            ``(5) support the development of institutional mechanisms 
        and financial instruments to further the goals of the program;
            ``(6) expedite the interagency review process and ensure 
        timely review and dispersal of required reports and assessments 
        under this title;
            ``(7) promote the development of new technologies for 
        predicting, monitoring, and mitigating harmful algal blooms and 
        hypoxia conditions; and
            ``(8) establish such interagency working groups as it deems 
        necessary.
    ``(d) Advisory Committee.--
            ``(1) In general.--The Task Force shall appoint a general 
        advisory committee--
                    ``(A) consisting of not more than 20 individuals 
                who shall be representative of the various groups and 
                regions concerned with harmful algal blooms and 
                hypoxia, including representatives of nongovernmental 
                organizations, States, tribes, and educational 
                institutions; and
                    ``(B) providing, to the maximum extent practicable, 
                an equitable balance among such groups and regions.
            ``(2) Function.--The general advisory committee shall 
        provide recommendations to the Task Force on the development of 
        the national action strategy, including goals and objectives 
        and support for regional research and action plans.
            ``(3) FACA not to apply.--The Federal Advisory Committee 
        Act (5 U.S.C. App.) shall not apply to the general advisory 
        committee.
    ``(e) Lead Federal Agency.--NOAA shall be the lead Federal agency 
for administering the National Harmful Algal Bloom and Hypoxia Program.
    ``(f) Program Responsibilities.--The Program shall--
            ``(1) promote a national strategy to help communities 
        understand, detect, predict, control, and mitigate freshwater 
        and marine harmful algal bloom and hypoxia events;
            ``(2) plan, coordinate, and implement the National Harmful 
        Algal Bloom and Hypoxia Program; and
            ``(3) report to the Task Force via the Administrator.
    ``(g) Program Duties.--The Program shall--
            ``(1) prepare work and spending plans for implementing the 
        activities of the Program and developing and implementing the 
        Regional Research and Action Plans;
            ``(2) administer merit-based, competitive grant funding to 
        support the projects maintained and established by the Program, 
        and to address the research and management needs and priorities 
        identified in the Regional Research and Action Plans;
            ``(3) coordinate interagency programs that address 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 harmful algal 
        blooms and hypoxia;
            ``(4) coordinate and work cooperatively with other Federal, 
        State, tribal, and local government agencies and programs that 
        address harmful algal blooms and hypoxia;
            ``(5) coordinate with the State Department to support 
        international efforts on harmful algal bloom and hypoxia 
        information sharing, research, mitigation, and control;
            ``(6) 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 harmful algal blooms and 
        hypoxia;
            ``(7) facilitate and provide resources for training of 
        State, tribal, and local coastal and water resource managers in 
        the methods and technologies for monitoring, controlling, and 
        mitigating harmful algal blooms and hypoxia;
            ``(8) support regional efforts to control and mitigate 
        outbreaks through--
                    ``(A) communication of the contents of the Regional 
                Research and Action Plans and maintenance of online 
                data portals for other information about harmful algal 
                blooms and hypoxia to State and local stakeholders 
                within the region for which each plan is developed; and
                    ``(B) overseeing the development, review, and 
                periodic updating of Regional Research and Action Plans 
                established under section 602C(b);
            ``(9) convene at least 1 meeting of the Task Force 
        annually; and
                    ``(10) perform such other tasks as may be delegated 
                by the Task Force.
    ``(h) NOAA Duties.--
            ``(1) Existing programs.--NOAA shall maintain and enhance 
        the following existing competitive programs:
                    ``(A) The Ecology and Oceanography of Harmful Algal 
                Blooms Program.
                    ``(B) The Monitoring and Event Response for Harmful 
                Algal Blooms Program.
                    ``(C) The Northern Gulf of Mexico Ecosystems and 
                Hypoxia Assessment Program.
                    ``(D) The Coastal Hypoxia Research Program.
                    ``(E) The Prevention, Control, and Mitigation of 
                Harmful Algal Blooms Program.
            ``(2) New programs.--NOAA shall establish--
                    ``(A) an Event Response Program to coordinate and 
                enhance event response activities;
                    ``(B) an Infrastructure Program to develop and 
                enhance the critical observations, monitoring, 
                modeling, data management, information dissemination, 
                and operational forecasts required to meet the purposes 
                of this title; and
                    ``(C) such other programs as may be necessary.
            ``(3) Cooperative efforts.--NOAA shall work cooperatively 
        with other offices, centers, and programs within NOAA and other 
        agencies represented on the Task Force, States, tribes, and 
        nongovernmental organizations concerned with marine and aquatic 
        issues to coordinate Harmful algal blooms and hypoxia and 
        related issues, including management of data, products, for--
                    ``(A) compiling, managing, and archiving data from 
                relevant programs in Task Force member agencies;
                    ``(B) creating data portals for general education 
                and data dissemination on centralized, publicly 
                available databases; and
                    ``(C) establishing communication routes for data, 
                predictions, and management tools both to and from the 
                regions, States, and local communities.''.

SEC. 7. REGIONAL RESEARCH AND ACTION PLANS.

    The Act, as amended by section 4, is amended by inserting after 
section 602A the following:

``SEC. 602B. REGIONAL RESEARCH AND ACTION PLANS.

    ``(a) In General.--The Program shall--
            ``(1) oversee the development and implementation of 
        Regional Research and Action Plans; and
            ``(2) identify appropriate regions and sub-regions to be 
        addressed by each Regional Research and Action Plan.
    ``(b) Regional Panels of Experts.--
            ``(1) In general.--In accordance with the schedule set 
        forth in paragraph (2), the Program shall convene a panel of 
        experts for each region identified under subsection (a)(2) from 
        among--
                    ``(A) State coastal management and planning 
                officials;
                    ``(B) tribal resource management officials;
                    ``(C) 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;
                    ``(D) public health officials;
                    ``(E) emergency management officials;
                    ``(F) nongovernmental organizations concerned with 
                marine and aquatic issues;
                    ``(G) science and technology development 
                institutions;
                    ``(H) economists;
                    ``(I) industries and businesses affected by coastal 
                and freshwater harmful algal blooms and hypoxia;
                    ``(J) scientists, with expertise concerning harmful 
                algal blooms or hypoxia, from academic or research 
                institutions; and
                    ``(K) other stakeholders as appropriate.
            ``(2) Schedule.--The Program shall--
                    ``(A) convene panels in at least \1/3\ of the 
                regions within 9 months after the date of enactment of 
                the Harmful Algal Blooms and Hypoxia Research and 
                Control Amendments Act of 2009;
                    ``(B) convene panels in at least \2/3\ of the 
                regions within 21 months after such date;
                    ``(C) convene panels in the remaining regions 
                within 33 months after such date; and
                    ``(D) reconvene each panel at least every 5 years 
                after the date on which it was initially convened.
    ``(c) Plan Development.--Each regional panel of experts shall 
develop a Regional Research and Action Plan for its respective region 
and submit it to the Task Force for approval. The Plan shall identify 
appropriate elements for the region, including--
            ``(1) baseline ecological, social, and economic research 
        needed to understand the biological, physical, and chemical 
        conditions that cause, exacerbate, and result from harmful 
        algal blooms and hypoxia;
            ``(2) regional priorities for ecological and socio-economic 
        research on issues related to, and impacts of, harmful algal 
        blooms and hypoxia;
            ``(3) research needed to develop and advance technologies 
        for improving capabilities to predict, monitor, prevent, 
        control, and mitigate harmful algal blooms and hypoxia;
            ``(4) State, tribal, and local government actions that may 
        be implemented--
                    ``(A) to support long-term monitoring efforts and 
                emergency monitoring as needed;
                    ``(B) to minimize the occurrence of harmful algal 
                blooms and hypoxia;
                    ``(C) to reduce the duration and intensity of 
                harmful algal blooms and hypoxia in times of emergency;
                    ``(D) to address human health dimensions of harmful 
                algal blooms and hypoxia; and
                    ``(E) to identify and protect vulnerable ecosystems 
                that could be, or have been, affected by harmful algal 
                blooms and hypoxia;
            ``(5) mechanisms by which data and products are transferred 
        between the Program and State and local governments and 
        research entities;
            ``(6) communication, outreach and information dissemination 
        efforts that State and local governments and nongovernmental 
        organizations can undertake to educate and inform the public 
        concerning harmful algal blooms and hypoxia and alternative 
        coastal resource-utilization opportunities that are available; 
        and
            ``(7) pilot projects, if appropriate, that may be 
        implemented on local, State, and regional scales to address the 
        research priorities and response actions identified in the 
        Plan.
    ``(d) Plan Timelines; Updates.--The Program shall ensure that 
Regional Research and Action Plans developed under this section are--
            ``(1) completed and approved by the Program within 12 
        months after the date on which a regional panel is convened or 
        reconvened under subsection (b)(2); and
            ``(2) updated no less frequently than once every 5 years.
    ``(e) Funding.--
            ``(1) In general.--Subject to available appropriations, the 
        Program shall make funding available to eligible organizations 
        to implement the research, monitoring, forecasting, modeling, 
        and response actions included under each approved Regional 
        Research and Action Plan. The Program shall select recipients 
        through a merit-based, competitive process and seek to fund 
        research proposals that most effectively align with the 
        research priorities identified in the relevant Regional 
        Research and Action Plan.
            ``(2) Application; assurances.--Any organization seeking 
        funding under this subsection shall submit an application to 
        the Program at such time, in such form and manner, and 
        containing such information and assurances as the Program may 
        require. The Program shall require any organization receiving 
        funds under this subsection to utilize the mechanisms described 
        in subsection (c)(5) to ensure the transfer of data and 
        products developed under the Plan.
            ``(3) Eligible organization.--In this subsection, the term 
        `eligible organization' means--
                    ``(A) an institution of higher education, other 
                non-profit organization, State, tribal, and local 
                government, commercial organization, or Federal agency 
                that meets the requirements of this section and such 
                other requirements as are established by the Secretary; 
                and
                    ``(B) with respect to nongovernmental 
                organizations, an organization that is subject to 
                regulations promulgated or guidelines issued to carry 
                out this section, including United States audit 
                requirements that are applicable to nongovernmental 
                organizations.
    ``(f) Intermediate Reviews.--If the Program determines that an 
intermediate review is necessary to address emergent needs in harmful 
algal blooms and hypoxia under a Regional Research and Action Plan, it 
shall notify the Task Force and reconvene the relevant regional panel 
of experts for the purpose of revising the Regional Research and Action 
Plan so as to address the emergent threat or need.''.

SEC. 8. REPORTING.

    Section 603 is amended by adding at the end thereof the following:
    ``(j) Biennial Reports.--Every 2 years the Program shall prepare a 
report for the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committees on Science 
and Technology and on Natural Resources that describe--
            ``(1) activities, budgets, and progress on implementing the 
        national harmful algal bloom and hypoxia program;
            ``(2) the proceedings of the annual Task Force meetings; 
        and
            ``(3) the status, activities, and funding for 
        implementation of the Regional Research and Action Plans, 
        including a description of research funded under the program 
        and actions and outcomes of Plan response strategies carried 
        out by States.
    ``(k) Quinquennial Reports.--Not less than once every 5 years after 
the date of enactment of the Harmful Algal Blooms and Hypoxia Research 
and Control Amendments Act of 2009, the Task Force shall complete and 
submit a report on harmful algal blooms and hypoxia in marine and 
freshwater systems to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committees on Science 
and Technology and on Natural Resources. The report shall--
            ``(1) evaluate the state of scientific knowledge of harmful 
        algal blooms and hypoxia in marine and freshwater systems, 
        including their causes and ecological consequences;
            ``(2) evaluate the social and economic impacts of harmful 
        algal blooms and hypoxia, including their impacts on coastal 
        communities, and review those communities' efforts and 
        associated economic costs related to event forecasting, 
        planning, mitigation, response, and public outreach and 
        education;
            ``(3) examine and evaluate the human health impacts of 
        harmful algal blooms and hypoxia, including any gaps in 
        existing research;
            ``(4) describe advances in capabilities for monitoring, 
        forecasting, modeling, control, mitigation, and prevention of 
        harmful algal blooms and hypoxia, including techniques for, 
        integrating landscape- and watershed-level water quality 
        information into marine and freshwater harmful algal bloom and 
        hypoxia prevention and mitigation strategies at Federal and 
        regional levels;
            ``(5) evaluate progress made by, and the needs of, Federal, 
        regional, State, tribal, and local policies and strategies for 
        forecasting, planning, mitigating, preventing, and responding 
        to harmful algal blooms and hypoxia, including the economic 
        costs and benefits of such policies and strategies;
            ``(6) make recommendations for integrating, improving, and 
        funding future Federal, regional, State, tribal, and local 
        policies and strategies for preventing and mitigating the 
        occurrence and impacts of harmful algal blooms and hypoxia; and
            ``(7) describe communication, outreach, and education 
        efforts to raise public awareness of harmful algal blooms and 
        hypoxia, their impacts, and the methods for mitigation and 
        prevention.''.

SEC. 9. NORTHERN GULF OF MEXICO HYPOXIA.

    Section 604 is amended to read as follows:

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

    ``(a) Task Force Annual Progress Reports.--For each of the years 
from 2009 through 2013, the Mississippi River/Gulf of Mexico Watershed 
Nutrient Task Force shall complete and submit to the Congress and the 
President an annual report on the progress made by Task Force-directed 
activities toward attainment of the Coastal Goal of the Gulf Hypoxia 
Action Plan 2008.
    ``(b) Task Force 5-Year Progress Report.--In 2013, that Task Force 
shall complete and submit to Congress and the President a 5-year report 
on the progress made by Task Force-directed activities toward 
attainment of the Coastal Goal of the Gulf Hypoxia Action Plan 2008. 
The report 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 report shall include an evaluation of how current policies 
and programs affect management decisions, including those made by 
municipalities and industrial and agricultural producers, evaluate 
lessons learned, and recommend appropriate actions to continue to 
implement or, if necessary, revise this strategy.''.

SEC. 10. PILOT PROGRAM FOR FRESHWATER HARMFUL ALGAL BLOOMS AND HYPOXIA.

    The Act, as amended by section 6, is amended by inserting after 
section 603B the following:

``SEC. 603B. PILOT PROGRAM FOR FRESHWATER HARMFUL ALGAL BLOOMS AND 
              HYPOXIA.

    ``(a) Pilot Program.--The Task Force shall establish a 
collaborative pilot program to examine harmful algal blooms and hypoxia 
occurring in freshwater systems, including the Great Lakes. The pilot 
program shall--
            ``(1) assess the issues associated with, and impacts of, 
        harmful algal blooms and hypoxia in freshwater ecosystems;
            ``(2) research the efficacy of prevention, control, and 
        mitigation measures, including measures to reduce nutrient 
        loading; and
            ``(3) recommend potential management solutions.
    ``(b) Report.--The Task Force, in consultation with other 
participating Federal agencies, shall conduct an assessment of the 
effectiveness of the pilot program in improving freshwater habitat 
quality and publish a report, available to the public, of the results 
of the assessment.''.

SEC. 11. INTERAGENCY FINANCING.

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

``SEC. 604A. INTERAGENCY FINANCING.

    ``The departments and agencies represented on the Task Force are 
authorized to participate in interagency financing and share, transfer, 
receive, obligate, and expend funds appropriated to any member of the 
Task Force for the purposes of carrying out any administrative or 
programmatic project or activity under this title, including support 
for the Program, a common infrastructure, information sharing, and 
system integration for harmful algal bloom and hypoxia research, 
monitoring, forecasting, prevention, and control. Funds may be 
transferred among such departments and agencies through an appropriate 
instrument that specifies the goods, services, or space being acquired 
from another Task Force member and the costs of the same. The amount of 
funds transferrable under this section for any fiscal year may not 
exceed 5 percent of the account from which such transfer is to be 
made.''.

SEC. 12. APPLICATION WITH OTHER LAWS.

    The Act is amended by inserting after section 606 the following:

``SEC. 607. EFFECT ON OTHER FEDERAL AUTHORITY.

    ``Nothing in this title supersedes or limits the authority of any 
agency to carry out its responsibilities and missions under other 
laws.''.

SEC. 13. DEFINITIONS.

    (a) In General.--The Act is amended by inserting after section 605 
the following:

``SEC. 605A. DEFINITIONS.

    ``In this title:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the NOAA.
            ``(2) Harmful algal bloom.--The term `harmful algal bloom' 
        means marine and freshwater phytoplankton that proliferate to 
        high concentrations, resulting in nuisance conditions or 
        harmful impacts on marine and aquatic ecosystems, coastal 
        communities, and human health through the production of toxic 
        compounds or other biological, chemical, and physical impacts 
        of the algae outbreak.
            ``(3) Hypoxia.--The term `hypoxia' means a condition where 
        low dissolved oxygen in aquatic systems causes stress or death 
        to resident organisms.
            ``(4) NOAA.--The term `NOAA' means the National Oceanic and 
        Atmospheric Administration.
            ``(5) Program.--The term `Program' means the Integrated 
        Harmful Algal Bloom and Hypoxia Program established under 
        section 603A.
            ``(6) Regional research and action plan.--The term 
        `Regional Research and Action Plan' means a plan established 
        under section 602B.
            ``(7) Secretary.--The term `Secretary' means the Secretary 
        of Commerce, acting through NOAA.''.
            ``(8) Task force.--The term `Task Force' means the 
        Interagency Task Force established by section 603(a).
            ``(9) United states coastal waters.--The term `United 
        States coastal waters' includes the Great Lakes.''.
    (b) Conforming Amendment.--Section 603(a) is amended by striking 
``Hypoxia (hereinafter referred to as the `Task force').'' and 
inserting ``Hypoxia.''.

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

    Section 605 is amended to read as follows:--

``SEC. 605. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated to NOAA 
to implement the Program under this title $40,000,000 for each of 
fiscal years 2010 through 2014, of which up to $10,000,000 shall be 
allocated each fiscal year to the creation of Regional Research and 
Action Plans required by section 602B.
    ``(b) Interagency Coordination.--The Administrator of NOAA, and the 
head of any Federal agency engaged in interagency coordination 
activities under this title, is authorized to use appropriated funds 
for such activities.
    ``(c) Extramural Research Activities.--The 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.
    ``(d) Pilot Program.--In addition to any amounts appropriated 
pursuant to subsection (a), there are authorized to be appropriated to 
NOAA such sums as may be necessary to carry out the pilot program 
established under section 603B.''.
                                                       Calendar No. 271

111th CONGRESS

  2d Session

                                 S. 952

                          [Report No. 111-125]

_______________________________________________________________________

                                 A BILL

To develop and promote a comprehensive plan for a national strategy to 
  address harmful algal blooms and hypoxia through baseline research, 
 forecasting and monitoring, and mitigation and control while helping 
   communities detect, control, and mitigate coastal and Great Lakes 
                harmful algal blooms and hypoxia events.

_______________________________________________________________________

                            February 4, 2010

                       Reported with an amendment