[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2484 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2484

To reauthorize the Harmful Algal Bloom and Hypoxia Research and Control 
   Act of 1998 to include a comprehensive and integrated strategy to 
     address harmful algal blooms and hypoxia, to provide for the 
  development and implementation of a comprehensive research plan and 
  action strategy to reduce harmful algal blooms and hypoxia, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 11, 2011

 Mr. Harris (for himself, Mrs. Christensen, Mr. Michaud, Mr. Grijalva, 
  Ms. Pingree of Maine, and Mr. Mack) introduced the following bill; 
which was referred to the Committee on Science, Space, and Technology, 
and in addition to the Committee on Natural Resources, for a period to 
      be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
To reauthorize the Harmful Algal Bloom and Hypoxia Research and Control 
   Act of 1998 to include a comprehensive and integrated strategy to 
     address harmful algal blooms and hypoxia, to provide for the 
  development and implementation of a comprehensive research plan and 
  action strategy to reduce harmful algal blooms and hypoxia, and for 
                            other purposes.

    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 2011''.

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.

    Section 602 is amended to read as follows:

``SEC. 602. DEFINITIONS.

    ``In this title:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Environmental Protection Agency.
            ``(2) NOAA.--The term `NOAA' means the National Oceanic and 
        Atmospheric Administration.
            ``(3) Plan.--The term `Plan' means the comprehensive 
        research plan and action strategy under section 605.
            ``(4) Program.--The term `Program' means the National 
        Harmful Algal Bloom and Hypoxia Program established under 
        section 604(a).
            ``(5) 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.
            ``(6) Task force.--The term `Task Force' means the Inter-
        Agency Task Force on Harmful Algal Blooms and Hypoxia 
        established under section 603(a)(1).
            ``(7) Under secretary.--The term `Under Secretary' means 
        the Under Secretary of Commerce for Oceans and Atmosphere.''.

SEC. 4. INTER-AGENCY TASK FORCE.

    Section 603(a) is amended to read as follows:
    ``(a) Inter-Agency Task Force.--
            ``(1) Establishment.--The President, through the Committee 
        on Environment and Natural Resources of the National Science 
        and Technology Council, shall establish an Inter-Agency Task 
        Force on Harmful Algal Blooms and Hypoxia.
            ``(2) Representation.--The Task Force shall consist of 
        representatives from the following:
                    ``(A) The Department of Commerce.
                    ``(B) The Environmental Protection Agency.
                    ``(C) The Department of Agriculture.
                    ``(D) The Department of the Interior.
                    ``(E) The Department of the Navy.
                    ``(F) The Department of Health and Human Services.
                    ``(G) The National Science Foundation.
                    ``(H) The National Aeronautics and Space 
                Administration.
                    ``(I) The Food and Drug Administration.
                    ``(J) The Office of Science and Technology Policy.
                    ``(K) The Council on Environmental Quality.
                    ``(L) Such other Federal agencies as the President 
                considers appropriate.
            ``(3) Chairperson.--The Under Secretary from the Department 
        of Commerce shall serve as the Chairperson of the Task Force.
            ``(4) Required meetings.--
                    ``(A) In general.--The Task Force shall meet, or 
                otherwise communicate, to coordinate activities within 
                each agency represented on the Task Force in order to 
                fulfill the program requirements in section 604(b).
                    ``(B) Frequency.--The Task Force shall meet at 
                least once per year.
            ``(5) Budget coordination.--The Task Force shall--
                    ``(A) coordinate in the development of individual 
                agency budgets for the activities described in section 
                604 that will ensure an appropriate balance among the 
                research and action priorities; and
                    ``(B) submit such budgets to the Director of the 
                Office of Management and Budget at the time designated 
                by the Director for agencies to submit annual 
                budgets.''.

SEC. 5. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA PROGRAM.

    The Act is amended--
            (1) by redesignating sections 605 and 606 as sections 608 
        and 609, respectively;
            (2) by redesignating section 604 as section 606; and
            (3) by inserting after section 603 the following:

``SEC. 604. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA PROGRAM.

    ``(a) In General.--Except as provided in subsection (d), the Under 
Secretary, through the Task Force, shall maintain a National Harmful 
Algal Bloom and Hypoxia Program in accordance with authorities under 
section 603 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, monitor, 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) assist and coordinate, where appropriate, with State, 
        tribal, and local government agencies, programs, and regional 
        efforts that address marine and freshwater harmful algal blooms 
        and hypoxia, including the development and implementation of 
        appropriate response plans, strategies, and tools;
            ``(4) identify additional research, development, and 
        demonstration needs and priorities relating to understanding, 
        detection, monitoring, prediction, prevention, control, 
        mitigation, and response to marine and freshwater harmful algal 
        blooms and hypoxia;
            ``(5) ensure the development and use of methods and 
        technologies to protect the ecosystems affected by marine and 
        freshwater harmful algal blooms and hypoxia;
            ``(6) coordinate 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;
            ``(7) provide resources to assist in the training of State, 
        tribal, and local water and coastal resource managers in the 
        methods and technologies for detecting, monitoring, 
        controlling, mitigating, and responding to the effects of 
        marine and freshwater harmful algal blooms and hypoxia events;
            ``(8) oversee the development, review, and periodic 
        updating of the Plan; and
            ``(9) 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 Plan.
    ``(c) Cooperative Efforts.--The Under Secretary shall work 
cooperatively and avoid duplication of efforts 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 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 the Under Secretary, through the 
Task Force, shall carry out the duties otherwise assigned to the Under 
Secretary under this section, excluding 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 of and event response to freshwater 
        harmful algal blooms in lakes, rivers, estuaries, and 
        reservoirs; and
            ``(3) mitigation and control of freshwater harmful algal 
        blooms.
    ``(e) NOAA Activities.--As part of the program under this section, 
the Under Secretary shall--
            ``(1) maintain existing peer-reviewed competitive grant 
        programs at NOAA relating to marine and freshwater harmful 
        algal blooms and hypoxia;
            ``(2) conduct marine and freshwater harmful algal bloom and 
        hypoxia event response activities; and
            ``(3) ensure 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) Technology Research, Development, and Demonstration.--
            ``(1) In general.--As part of the duties described in 
        subsection (b), the Under Secretary and the Administrator, 
        through the Task Force, shall maintain a focus on technology 
        research and development for each of the categories of marine 
        harmful algal blooms, freshwater harmful algal blooms, and 
        hypoxia in the following areas:
                    ``(A) Monitoring.
                    ``(B) Prediction.
                    ``(C) Prevention.
                    ``(D) Control.
                    ``(E) Mitigation.
                    ``(F) Response to events, including remediation.
            ``(2) Enumeration.--As part of the report required under 
        subsection (i), the Under Secretary, in coordination with the 
        Administrator, shall enumerate the technology research and 
        development conducted for each of the areas identified in 
        paragraph (1).
            ``(3) Protocol.--The Under Secretary, in coordination with 
        the Administrator, shall develop a protocol for--
                    ``(A) assessing the stage of technology development 
                that is ready to move from lab testing to field 
                testing;
                    ``(B) coordinating local, State, and Federal 
                authorities to facilitate measures necessary to conduct 
                field tests in a timely manner; and
                    ``(C) working with local and State entities, 
                programs, and interested stakeholders to conduct 
                outreach and education on technology field testing 
                projects.
    ``(h) Information Clearinghouse.--
            ``(1) Electronic information.--Using the authority under 
        section 603(i)(2)(B), the Under Secretary, in coordination with 
        the Administrator, shall expand the existing electronic 
        clearinghouse to provide information about marine and 
        freshwater harmful algal blooms and hypoxia, including--
                    ``(A) the Federal agencies involved in research and 
                development on understanding, detection, monitoring, 
                prediction, prevention, control, mitigation, and 
                response activities;
                    ``(B) tools available to predict and model events; 
                and
                    ``(C) current or developing technologies for 
                detection, monitoring, prediction, prevention, control, 
                mitigation, and response, including remediation.
            ``(2) Toxin standards.--The Under Secretary, in 
        coordination with the Administrator, shall--
                    ``(A) develop a mechanism to provide a reliable and 
                cost-effective supply of toxin standards for 
                comparative research; and
                    ``(B) notify the Congress of such mechanism as part 
                of the report required under subsection (i).
    ``(i) Report.--Not later than 1 year after the submission of the 
Plan, the Under Secretary, in coordination with the Administrator, 
shall prepare and transmit to the Congress a report that describes--
            ``(1) the activities carried out under the Program and the 
        Plan and the budget related to such activities;
            ``(2) the progress made on implementing the action 
        strategy; and
            ``(3) the need to revise or terminate activities or 
        projects under the Program.''.

SEC. 6. COMPREHENSIVE RESEARCH PLAN AND ACTION STRATEGY.

    The Act is amended by inserting after section 604, as added by 
section 5(3) of this Act, the following:

``SEC. 605. COMPREHENSIVE RESEARCH PLAN AND ACTION STRATEGY.

    ``(a) In General.--Not later than 2 years after the date of 
enactment of the Harmful Algal Blooms and Hypoxia Research and Control 
Amendments Act of 2011, the Under Secretary, through the Task Force, 
shall transmit to the Congress a comprehensive research plan and action 
strategy to address marine and freshwater harmful algal blooms and 
hypoxia that identifies--
            ``(1) the specific activities to be carried out by the 
        Program and the timeline for carrying out such activities;
            ``(2) the roles and responsibilities of each Federal agency 
        in the Task Force in carrying out Program activities; and
            ``(3) appropriate regions and subregions requiring specific 
        research and activities to address local, State, and regional 
        harmful algal blooms and hypoxia.
    ``(b) Regional Focus.--The regional and subregional parts of the 
Plan 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 detect, predict, monitor, 
        control, mitigate, respond to, and remediate harmful algal 
        blooms and hypoxia;
            ``(3) ways to reduce the duration and intensity of harmful 
        algal blooms and hypoxia, including deployment of response 
        technologies in a timely manner;
            ``(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 ecosystems that may be 
        or have been affected by harmful algal blooms and hypoxia 
        events;
            ``(6) mechanisms by which data, information, and products 
        may be transferred between the Program and State, tribal, and 
        local governments and relevant research entities;
            ``(7) communication and information dissemination methods 
        that State, tribal, and local governments may undertake to 
        educate and inform the public concerning harmful algal blooms 
        and hypoxia; and
            ``(8) the roles that Federal agencies may have to assist in 
        the implementation of the Plan.
    ``(c) Utilizing Available Studies and Information.--In developing 
the Plan, the Under Secretary shall utilize existing research, 
assessments, reports, and program activities, including--
            ``(1) those carried out pursuant to existing law; and
            ``(2) other relevant peer-reviewed and published sources.
    ``(d) Development of the Plan.--In developing the Plan, the Under 
Secretary shall, as appropriate--
            ``(1) coordinate with--
                    ``(A) State coastal management and planning 
                officials;
                    ``(B) tribal resource management officials; and
                    ``(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; and
            ``(2) 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.
    ``(e) Federal Register.--The Under Secretary shall publish the Plan 
in the Federal Register.
    ``(f) Periodic Revision.--The Under Secretary, in coordination and 
consultation with the individuals and entities identified in subsection 
(d), shall periodically review and revise the Plan prepared under this 
section, as necessary.''.

SEC. 7. NORTHERN GULF OF MEXICO HYPOXIA.

    Section 606, as redesignated by section 5(2) of this Act, is 
amended by adding at the end the following:
    ``(c) Required Update.--
            ``(1) In general.--Prior to the implementation of any plan 
        developed under this section, including the Gulf Hypoxia Action 
        Plan 2008, the Administrator, through the Mississippi River/
        Gulf of Mexico Watershed Nutrient Task Force, shall complete 
        and submit to the Congress and the President an updated 
        assessment and a revised action plan based on the updated 
        assessment.
            ``(2) Requirements.--The updated assessment shall take into 
        account the following:
                    ``(A) The role of nutrient influx in the context of 
                water column stratification, seasonal flows and 
                conditions, and wind and current dynamics in the Gulf 
                of Mexico.
                    ``(B) The contribution of the topography of the 
                Gulf of Mexico in the effects of the characteristics 
                described in subparagraph (A) on the hypoxic zone.
                    ``(C) The frequency and availability of monitoring 
                to measure the size of the hypoxic zone.
                    ``(D) The potential of hypoxia hot-spot formation 
                within the Gulf of Mexico and possible causes of such 
                hot-spots.
                    ``(E) The contribution of wetland loss to hypoxia 
                events in the Gulf of Mexico.
                    ``(F) The actual effect of hypoxia on the ecosystem 
                of the Gulf of Mexico and the benefits resulting from a 
                reduced hypoxic zone size.
                    ``(G) A scientifically generated, peer-reviewed 
                goal for the size of the hypoxic zone in the Gulf of 
                Mexico.
            ``(3) Research strategy.--The updated plan shall include a 
        research strategy--
                    ``(A) to enhance understanding of the contribution 
                of topography, water column stratification, seasonal 
                flows and conditions, and wind and current dynamics on 
                the size of the hypoxic zone;
                    ``(B) to develop models able to--
                            ``(i) simulate different shelf regions and 
                        the fundamental processes that act in each 
                        shelf region;
                            ``(ii) differentiate between the separate 
                        effects of stratification and nutrient loading 
                        in the formation of hypoxia; and
                            ``(iii) be informed by realistic three-
                        dimensional hydrodynamic and biogeochemical 
                        models;
                    ``(C) that determines the appropriate amount of 
                monitoring and measuring necessary to get a 
                scientifically robust accounting on the size of the 
                Gulf of Mexico hypoxic zone; and
                    ``(D) that examines several potential solutions 
                based on information provided by the updated assessment 
                in paragraph (1).''.

SEC. 8. CHESAPEAKE BAY DEAD ZONE.

    (a) In General.--The Act is amended by inserting after section 606, 
as redesignated by section 5(2) of this Act, the following:

``SEC. 607. CHESAPEAKE BAY DEAD ZONE.

    ``(a) Assessment Plan.--Not later than 12 months after the date of 
enactment of the Harmful Algal Blooms and Hypoxia Research and Control 
Amendments Act of 2011, the Task Force, in accordance with the 
authority under section 603, shall complete and submit to the Congress 
and the President an integrated assessment of hypoxia in the Chesapeake 
Bay that examines the status of and gaps within current research, 
monitoring, prevention, response, and control activities by--
            ``(1) Federal agencies;
            ``(2) state agencies;
            ``(3) regional research consortia;
            ``(4) academia;
            ``(5) private industry; and
            ``(6) nongovernmental organizations.
    ``(b) Research Plan.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of the Harmful Algal Blooms and Hypoxia Research and 
        Control Amendments Act of 2011, the Task Force shall develop 
        and submit to the Congress a plan, based on the integrated 
        assessment submitted under subsection (a), for reducing, 
        mitigating, and controlling hypoxia in the Chesapeake Bay.
            ``(2) Requirements.--In developing such plan, the Task 
        Force shall--
                    ``(A) consult with State and local governments and 
                representatives from academic, agricultural, industry, 
                and other stakeholder groups;
                    ``(B) include incentive-based partnership 
                approaches;
                    ``(C) include an economic cost-benefit analysis of 
                the measures for reducing, mitigating, and controlling 
                hypoxia events;
                    ``(D) utilize existing research, assessments, 
                reports, and program activities;
                    ``(E) publish a summary of the proposed plan in the 
                Federal Register 90 days prior to the submission to the 
                Congress of the completed plan; and
                    ``(F) provide progress reports every 2 years after 
                the submission to the Congress of the completed plan on 
                the activities leading toward attainment of the goals 
                set forth in the plan.
            ``(3) Contents.--The plan shall--
                    ``(A) address the monitoring needs identified in 
                the integrated assessment submitted under subsection 
                (a) and develop a timeline and budgetary requirements 
                for deployment of future assets;
                    ``(B) detail procedures for the development and 
                verification of Chesapeake Bay hypoxia models, 
                including making available to the public--
                            ``(i) all assumptions built into the 
                        models; and
                            ``(ii) data quality methods used to ensure 
                        the best available data is utilized; and
                    ``(C) describe efforts to improve the assessment of 
                the impacts of hypoxia by--
                            ``(i) characterizing current and past 
                        biological conditions in ecosystems affected by 
                        hypoxia; and
                            ``(ii) quantifying effects, including 
                        economic effects, at the population and 
                        community level.''.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization.--Section 608, as redesignated by section 5(1) of 
this Act, is amended to read as follows:

``SEC. 608. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated to the 
Under Secretary to carry out this Act $18,000,000 for each of fiscal 
years 2012 through 2015, of which, for each fiscal year--
            ``(1) $1,000,000 may be used for the development of the 
        comprehensive research plan and action strategy under section 
        605 and the assessment and reports required by sections 606 and 
        607;
            ``(2) $4,000,000 may be used for the research and 
        assessment activities related to marine and freshwater harmful 
        algal blooms at research laboratories of NOAA;
            ``(3) $4,000,000 may be used to carry out the Ecology of 
        Harmful Algal Blooms Program (ECOHAB);
            ``(4) $1,500,000 may be used to carry out the Monitoring 
        and Event Response for Harmful Algal Blooms Program (MERHAB);
            ``(5) $2,000,000 may be used to carry out research and 
        assessment for the Northern Gulf of Mexico ecosystem and 
        hypoxia activities;
            ``(6) $1,500,000 may be used to carry out coastal hypoxia 
        research activities;
            ``(7) $1,500,000 may be used to carry out prevention, 
        control, and mitigation activities;
            ``(8) $500,000 may be used to carry out event response 
        activities; and
            ``(9) $500,000 may be used to carry out infrastructure 
        activities.
    ``(b) Use of Funds.--From funds made available under section 
2(a)(2) of the Environmental Research, Development, and Demonstration 
Authorization Act of 1981 (Public Law 96-569; 94 Stat. 3335), the 
Administrator may utilize up to $3,000,000 for each of the fiscal years 
2012 through 2015 to carry out the authorized activities under this 
Act.''.
    (b) Extramural Research Activities.--The Under Secretary shall 
ensure that a substantial portion of funds appropriated pursuant to 
section 608 of the Harmful Algal Bloom and Hypoxia Research and Control 
Act of 1998 that are used for research purposes are allocated to 
extramural research activities.

SEC. 10. CLERICAL AMENDMENTS.

    (a) Table of Contents Amendment.--The table of contents in section 
2 of the Coast Guard Authorization Act of 1998 is amended by striking 
the items relating to sections 602 through 606 and inserting the 
following:

``602. Definitions.
``603. Assessments.
``604. National harmful algal bloom and hypoxia program.
``605. Comprehensive research plan and action strategy.
``606. Northern Gulf of Mexico hypoxia.
``607. Chesapeake Bay dead zone.
``608. Authorization of appropriations.
``609. Protection of States' rights.''.
    (b) References.--Section 609, as redesignated by section 5(1) of 
this Act, is amended by striking ``Clean Water Act or'' each place it 
appears and inserting ``Federal Water Pollution Control Act or the''.
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