[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1701 Reported in Senate (RS)]

                                                       Calendar No. 542
112th CONGRESS
  2d Session
                                S. 1701

                          [Report No. 112-237]

To amend the Harmful Algal Blooms and Hypoxia Research and Control Act 
                    of 1998, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 13, 2011

    Ms. Snowe (for herself, Mr. Nelson of Florida, Mr. Begich, Mr. 
Rockefeller, Mr. Whitehouse, Mrs. Gillibrand, Mr. Cardin, Ms. Collins, 
 Ms. Cantwell, Mrs. Boxer, Mr. Wyden, Mr. Merkley, and Mr. Blumenthal) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

                           November 13, 2012

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

_______________________________________________________________________

                                 A BILL


 
To amend the Harmful Algal Blooms and Hypoxia Research and Control Act 
                    of 1998, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Harmful Algal Blooms and 
Hypoxia Research and Control Amendments Act of 2011''.</DELETED>

<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 
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).</DELETED>

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

<DELETED>    Section 602 is amended to read as follows:</DELETED>
<DELETED>``Sec. 602. Findings</DELETED>
<DELETED>    ``Congress finds the following:</DELETED>
        <DELETED>    ``(1) Harmful algal blooms and hypoxia--</DELETED>
                <DELETED>    ``(A) are increasing in frequency and 
                intensity in the Nation's coastal waters and Great 
                Lakes;</DELETED>
                <DELETED>    ``(B) pose a threat to the health of 
                coastal and Great Lakes ecosystems;</DELETED>
                <DELETED>    ``(C) are costly to coastal economies; 
                and</DELETED>
                <DELETED>    ``(D) 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. 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 Inter-Agency Task Force on Harmful Algal Blooms and 
        Hypoxia, along with States, Indian tribes, and local 
        governments, possesses the 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) Increases in nutrient loading from point and 
        nonpoint sources can trigger and exacerbate harmful algal 
        blooms and hypoxia. Since much of the increases originate in 
        upland areas and are delivered to marine and freshwater bodies 
        via river discharge, integrated and landscape-level research 
        and control strategies are required.</DELETED>
        <DELETED>    ``(5) Harmful algal blooms and hypoxia affect many 
        sectors of the coastal economy, including tourism, public 
        health, and recreational and commercial fisheries. According to 
        a recent report produced by the National Oceanic and 
        Atmospheric Administration, the United States seafood, 
        restaurant, and tourism industries suffer estimated annual 
        losses of at least $82,000,000 due to the economic impacts of 
        harmful algal blooms.</DELETED>
        <DELETED>    ``(6) The proliferation of harmful and nuisance 
        algae can occur in all United States waters, including coastal 
        areas (such as estuaries), the Great Lakes, and inland 
        waterways, crossing political boundaries and necessitating 
        regional coordination for research, monitoring, mitigation, 
        response, and prevention efforts.</DELETED>
        <DELETED>    ``(7) 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--</DELETED>
                <DELETED>    ``(A) provide data for forecast 
                models;</DELETED>
                <DELETED>    ``(B) improve the monitoring and 
                prediction of these events; and</DELETED>
                <DELETED>    ``(C) provide essential decision making 
                tools for managers and stakeholders.''.</DELETED>

<DELETED>SEC. 4. PURPOSES.</DELETED>

<DELETED>    The Act is amended by inserting after section 602 the 
following:</DELETED>
<DELETED>``Sec. 602A. Purposes</DELETED>
<DELETED>    ``The purposes of this title 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, socioeconomic, and human health impacts of 
        harmful algal blooms and hypoxia on a regional and national 
        scale, and to integrate this assessment into marine and 
        freshwater resource decisions; and</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 5. INTER-AGENCY TASK FORCE ON HARMFUL ALGAL BLOOMS AND 
              HYPOXIA.</DELETED>

<DELETED>    Section 603(a) is amended--</DELETED>
        <DELETED>    (1) by striking ``the following representatives 
        from'' and inserting ``a representative from'';</DELETED>
        <DELETED>    (2) in paragraph (11), by striking 
        ``and'';</DELETED>
        <DELETED>    (3) by redesignating paragraph (12) as paragraph 
        (13);</DELETED>
        <DELETED>    (4) by inserting after paragraph (11) the 
        following:</DELETED>
        <DELETED>    ``(12) The Centers for Disease Control; and''; 
        and</DELETED>
        <DELETED>    (5) in paragraph (13), as redesignated, by 
        striking ``such''.</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.--Except as provided in subsection 
(d), the Under Secretary, acting through the Task Force established 
under section 603, shall establish and maintain a national harmful 
algal bloom and hypoxia program.</DELETED>
<DELETED>    ``(b) Action Strategy.--</DELETED>
        <DELETED>    ``(1) In general.--Not later than 1 year after the 
        date of enactment of the Harmful Algal Blooms and Hypoxia 
        Research and Control Amendments Act of 2011, the Task Force 
        shall develop a national harmful algal blooms and hypoxia 
        action strategy that--</DELETED>
                <DELETED>    ``(A) is consistent with the purposes 
                under section 602A;</DELETED>
                <DELETED>    ``(B) includes a statement of goals and 
                objectives; and</DELETED>
                <DELETED>    ``(C) includes an implementation 
                plan.</DELETED>
        <DELETED>    ``(2) Publication.--Not later than 30 days after 
        the date that the action strategy is developed, the Task Force 
        shall--</DELETED>
                <DELETED>    ``(A) submit the action strategy to 
                Congress; and</DELETED>
                <DELETED>    ``(B) publish the action strategy in the 
                Federal Register.</DELETED>
        <DELETED>    ``(3) Periodic revision.--The Task Force shall 
        periodically review and revise the action strategy, as 
        necessary.</DELETED>
<DELETED>    ``(c) Task Force Functions.--The Task Force 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 the implementation of the actions 
        and strategies identified in the regional research and action 
        plans under section 603B;</DELETED>
        <DELETED>    ``(5) support the development of institutional 
        mechanisms and financial instruments to further the goals of 
        the Program;</DELETED>
        <DELETED>    ``(6) coordinate and 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;</DELETED>
        <DELETED>    ``(7) expedite the interagency review process by 
        ensuring timely review and dispersal of required reports and 
        assessments under this title;</DELETED>
        <DELETED>    ``(8) promote the development of new technologies 
        for predicting, monitoring, and mitigating harmful algal blooms 
        and hypoxia conditions; and</DELETED>
        <DELETED>    ``(9) establish such interagency working groups as 
        it considers necessary.</DELETED>
<DELETED>    ``(d) Lead Federal Agency.--The National Oceanic and 
Atmospheric Administration shall have primary responsibility for 
administering the Program.</DELETED>
<DELETED>    ``(e) Program Duties.--In administering the Program, the 
Under Secretary shall--</DELETED>
        <DELETED>    ``(1) develop and promote a national strategy to 
        understand, detect, predict, control, mitigate, and respond to 
        marine and freshwater harmful algal bloom and hypoxia 
        events;</DELETED>
        <DELETED>    ``(2) prepare work and spending plans for 
        implementing the activities of the Program and developing and 
        implementing the regional research and action plans;</DELETED>
        <DELETED>    ``(3) administer merit-based, competitive grant 
        funding--</DELETED>
                <DELETED>    ``(A) to support the projects maintained 
                and established by the Program; and</DELETED>
                <DELETED>    ``(B) to address the research and 
                management needs and priorities identified in the 
                regional research and action plans;</DELETED>
        <DELETED>    ``(4) coordinate and work cooperatively with 
        regional, State, tribal, and local government agencies and 
        programs that address marine and freshwater harmful algal 
        blooms and hypoxia;</DELETED>
        <DELETED>    ``(5) coordinate with the Secretary of State to 
        support international efforts on marine and freshwater harmful 
        algal bloom and hypoxia information sharing, research, 
        mitigation, control, and response activities;</DELETED>
        <DELETED>    ``(6) identify additional research, development, 
        and demonstration needs and priorities relating to monitoring, 
        prevention, control, mitigation, and response to marine and 
        freshwater harmful algal blooms and hypoxia, including methods 
        and technologies to protect the ecosystems affected by marine 
        and freshwater harmful algal blooms and hypoxia;</DELETED>
        <DELETED>    ``(7) integrate, coordinate, and augment existing 
        education programs to improve public understanding and 
        awareness of the causes, impacts, and mitigation efforts for 
        marine and freshwater harmful algal blooms and 
        hypoxia;</DELETED>
        <DELETED>    ``(8) facilitate and provide resources to train 
        State and local coastal and water resource managers in the 
        methods and technologies for monitoring, controlling, and 
        mitigating marine and freshwater harmful algal blooms and 
        hypoxia;</DELETED>
        <DELETED>    ``(9) support regional efforts to control and 
        mitigate outbreaks through--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) overseeing the development, review, 
                and periodic updating of regional research and action 
                plans;</DELETED>
        <DELETED>    ``(10) convene at least 1 meeting of the Task 
        Force each year; and</DELETED>
        <DELETED>    ``(11) perform such other tasks as may be 
        delegated by the Task Force.</DELETED>
<DELETED>    ``(f) National Oceanic and Atmospheric Administration 
Activities.--The Under Secretary shall--</DELETED>
        <DELETED>    ``(1) maintain and enhance the existing 
        competitive programs at the National Oceanic and Atmospheric 
        Administration relating to marine and freshwater algal blooms 
        and hypoxia;</DELETED>
        <DELETED>    ``(2) carry out marine and Great Lakes harmful 
        algal bloom and hypoxia events response activities;</DELETED>
        <DELETED>    ``(3) establish new programs and infrastructure, 
        as necessary, to develop and enhance the critical observations, 
        monitoring, modeling, data management, information 
        dissemination, and operational forecasts required to meet the 
        purposes under section 602A;</DELETED>
        <DELETED>    ``(4) enhance communication and coordination among 
        Federal agencies carrying out marine and freshwater harmful 
        algal bloom and hypoxia activities; and</DELETED>
        <DELETED>    ``(5) increase the availability to appropriate 
        public and private entities of--</DELETED>
                <DELETED>    ``(A) analytical facilities and 
                technologies;</DELETED>
                <DELETED>    ``(B) operational forecasts; and</DELETED>
                <DELETED>    ``(C) reference and research 
                materials.</DELETED>
<DELETED>    ``(g) Cooperative Efforts.--The Under Secretary shall work 
cooperatively and avoid duplication of effort with other offices, 
centers, and programs within the National Oceanic and Atmospheric 
Administration, other agencies on the Task Force, and States, tribes, 
and nongovernmental organizations concerned with marine and freshwater 
issues to coordinate harmful algal blooms and hypoxia (and related) 
activities and research.</DELETED>
<DELETED>    ``(h) Freshwater Program.--With respect to the freshwater 
aspects of the Program, except for those aspects occurring in the Great 
Lakes, the Administrator of the Environmental Protection Agency, in 
consultation with the Under Secretary, through the Task Force, shall--
</DELETED>
        <DELETED>    ``(1) carry out the duties assigned to the Under 
        Secretary under this section and section 603B, including the 
        activities under subsection (g);</DELETED>
        <DELETED>    ``(2) research the ecology of freshwater harmful 
        algal blooms;</DELETED>
        <DELETED>    ``(3) monitor and respond to freshwater harmful 
        algal blooms events in lakes (except for the Great Lakes), 
        rivers, and reservoirs;</DELETED>
        <DELETED>    ``(4) mitigate and control freshwater harmful 
        algal blooms; and</DELETED>
        <DELETED>    ``(5) recommend the amount of funding required to 
        carry out subsection (g) for inclusion in the President's 
        annual budget request to Congress.</DELETED>
<DELETED>    ``(i) Integrated Coastal and Ocean Observation System.--
The collection of monitoring and observation data under this title 
shall comply with all data standards and protocols developed pursuant 
to the Integrated Coastal and Ocean Observation System Act of 2009 (33 
U.S.C. 3601 et seq.). Such data shall be made available through the 
system established under that Act.''.</DELETED>

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

<DELETED>    The Act, as amended by section 6 of this Act, is further 
amended by inserting after section 603A the following:</DELETED>
<DELETED>``Sec. 603B. Regional research and action plans</DELETED>
<DELETED>    ``(a) In General.--In administering the Program, the Under 
Secretary shall--</DELETED>
        <DELETED>    ``(1) identify appropriate regions and subregions 
        to be addressed by each regional research and action plan; 
        and</DELETED>
        <DELETED>    ``(2) oversee the development and implementation 
        of the regional research and action plans.</DELETED>
<DELETED>    ``(b) Plan Development.--The Under Secretary shall--
</DELETED>
        <DELETED>    ``(1) develop and submit to the Task Force for 
        approval a regional research and action plan for each region, 
        that builds upon any existing State or regional plans the Under 
        Secretary considers appropriate; and</DELETED>
        <DELETED>    ``(2) identify appropriate elements for each 
        region, including--</DELETED>
                <DELETED>    ``(A) 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>    ``(B) regional priorities for ecological 
                and socio-economic research on issues related to and 
                impacts of harmful algal blooms and hypoxia;</DELETED>
                <DELETED>    ``(C) research, development, and 
                demonstration activities needed to develop and advance 
                technologies and techniques--</DELETED>
                        <DELETED>    ``(i) for minimizing the 
                        occurrence of harmful algal blooms and hypoxia; 
                        and</DELETED>
                        <DELETED>    ``(ii) for improving capabilities 
                        to predict, monitor, prevent, control, and 
                        mitigate harmful algal blooms and 
                        hypoxia;</DELETED>
                <DELETED>    ``(D) State, tribal, and local government 
                actions that may be implemented--</DELETED>
                        <DELETED>    ``(i) to support long-term 
                        monitoring efforts and emergency monitoring as 
                        needed;</DELETED>
                        <DELETED>    ``(ii) to minimize the occurrence 
                        of harmful algal blooms and hypoxia;</DELETED>
                        <DELETED>    ``(iii) to reduce the duration and 
                        intensity of harmful algal blooms and hypoxia 
                        in times of emergency;</DELETED>
                        <DELETED>    ``(iv) to address human health 
                        dimensions of harmful algal blooms and hypoxia; 
                        and</DELETED>
                        <DELETED>    ``(v) to identify and protect 
                        vulnerable ecosystems that could be, or have 
                        been, affected by harmful algal blooms and 
                        hypoxia;</DELETED>
                <DELETED>    ``(E) mechanisms by which data, 
                information, and products are transferred between the 
                Program and State, tribal, and local governments and 
                research entities;</DELETED>
                <DELETED>    ``(F) communication, outreach and 
                information dissemination efforts that State, tribal, 
                and local governments and stakeholder organizations can 
                take to educate and inform the public about harmful 
                algal blooms and hypoxia and alternative coastal 
                resource-utilization opportunities that are available; 
                and</DELETED>
                <DELETED>    ``(G) the roles that Federal agencies can 
                play to facilitate implementation of the regional 
                research and action plan for that region.</DELETED>
<DELETED>    ``(c) Consultation.--In developing a regional research and 
action plan under this section, the Under Secretary shall--</DELETED>
        <DELETED>    ``(1) coordinate with State coastal management and 
        planning officials;</DELETED>
        <DELETED>    ``(2) coordinate with tribal resource management 
        officials;</DELETED>
        <DELETED>    ``(3) coordinate with water management and 
        watershed officials from coastal States and noncoastal States 
        with water sources that drain into water bodies affected by 
        harmful algal blooms and hypoxia;</DELETED>
        <DELETED>    ``(4) coordinate with the Administrator and other 
        Federal agencies as the Under Secretary considers appropriate; 
        and</DELETED>
        <DELETED>    ``(5) consult with--</DELETED>
                <DELETED>    ``(A) public health officials;</DELETED>
                <DELETED>    ``(B) emergency management 
                officials;</DELETED>
                <DELETED>    ``(C) science and technology development 
                institutions;</DELETED>
                <DELETED>    ``(D) economists;</DELETED>
                <DELETED>    ``(E) industries and businesses affected 
                by marine and freshwater harmful algal blooms and 
                hypoxia;</DELETED>
                <DELETED>    ``(F) scientists, with expertise 
                concerning harmful algal blooms or hypoxia, from 
                academic or research institutions; and</DELETED>
                <DELETED>    ``(G) other stakeholders.</DELETED>
<DELETED>    ``(d) Building on Available Studies and Information.--In 
developing a regional research and action plan under this section, the 
Under Secretary shall--</DELETED>
        <DELETED>    ``(1) utilize and build on existing research, 
        assessments, reports, including those carried out under 
        existing law, and other relevant sources; and</DELETED>
        <DELETED>    ``(2) consider the impacts, research, and existing 
        program activities of all United States coastlines and fresh 
        and inland waters, including the Great Lakes, the Chesapeake 
        Bay, estuaries, and tributaries.</DELETED>
<DELETED>    ``(e) Schedule.--The Under Secretary shall--</DELETED>
        <DELETED>    ``(1) begin developing the regional research and 
        action plans for at least a third of the regions not later than 
        9 months after the date of the enactment of the Harmful Algal 
        Blooms and Hypoxia Research and Control Amendments Act of 
        2011;</DELETED>
        <DELETED>    ``(2) begin developing the regional research and 
        action plans for at least another third of the regions not 
        later than 21 months after the date of the enactment of the 
        Harmful Algal Blooms and Hypoxia Research and Control 
        Amendments Act of 2011;</DELETED>
        <DELETED>    ``(3) begin developing the regional research and 
        action plans for the remaining regions not later than 33 months 
        after the date of the enactment of the Harmful Algal Blooms and 
        Hypoxia Research and Control Amendments Act of 2011; 
        and</DELETED>
        <DELETED>    ``(4) ensure that each regional research and 
        action plan developed under this section is--</DELETED>
                <DELETED>    ``(A) completed and approved by the Task 
                Force not later than 12 months after the date that 
                development of the regional research and action plan 
                begins; and</DELETED>
                <DELETED>    ``(B) updated not less than once every 5 
                years after the completion of the regional research and 
                action plan.</DELETED>
<DELETED>    ``(f) Funding.--</DELETED>
        <DELETED>    ``(1) In general.--Subject to available 
        appropriations, the Under Secretary 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.--An 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 each eligible 
        organization receiving funds under this subsection to utilize 
        the mechanisms under subsection (b)(2)(E) to ensure the 
        transfer of data and products developed under the regional 
        research and action plan.</DELETED>
        <DELETED>    ``(3) Eligible organization.--In this subsection, 
        the term `eligible organization' means--</DELETED>
                <DELETED>    ``(A) an institution of higher education, 
                other non-profit organization, State, tribal, or local 
                government, commercial organization, or Federal agency 
                that meets the requirements of this section and such 
                other requirements as may be established by the Under 
                Secretary; and</DELETED>
                <DELETED>    ``(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.''.</DELETED>

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

<DELETED>    Section 603 is amended by adding at the end the 
following:</DELETED>
<DELETED>    ``(j) Report.--Not later than 2 years after the submission 
of the action strategy under section 603A, the Under Secretary shall 
submit a report to the appropriate congressional committees that 
describes--</DELETED>
        <DELETED>    ``(1) the proceedings of the annual Task Force 
        meetings;</DELETED>
        <DELETED>    ``(2) the activities carried out under the Program 
        and the regional research and action plans, and the budget 
        related to the activities;</DELETED>
        <DELETED>    ``(3) the progress made on implementing the action 
        strategy; and</DELETED>
        <DELETED>    ``(4) any need to revise or terminate activities 
        or projects under the Program.</DELETED>
<DELETED>    ``(k) Program Report.--Not later than 5 years after the 
date of enactment of the Harmful Algal Blooms and Hypoxia Research and 
Control Amendments Act of 2011, the Task Force shall submit a report on 
harmful algal blooms and hypoxia in marine and freshwater systems to 
Congress that--</DELETED>
        <DELETED>    ``(1) evaluates 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) evaluates the social and economic impacts of 
        harmful algal blooms and hypoxia, including their impacts on 
        coastal communities, and reviews those communities' efforts and 
        associated economic costs related to event forecasting, 
        planning, mitigation, response, public outreach, and 
        education;</DELETED>
        <DELETED>    ``(3) examines and evaluates the human health 
        impacts of harmful algal blooms and hypoxia, including any gaps 
        in existing research;</DELETED>
        <DELETED>    ``(4) describes 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) evaluates 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 the policies and 
        strategies;</DELETED>
        <DELETED>    ``(6) includes 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;</DELETED>
        <DELETED>    ``(7) describes 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>    ``(8) describes extramural research activities 
        carried out under section 605(b); and</DELETED>
        <DELETED>    ``(9) specifies how resources were allocated 
        between intramural and extramural research and management 
        activities, including a justification for each 
        allocation.''.</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 Initial Progress Reports.--Beginning not 
later than 12 months after the date of enactment of the Harmful Algal 
Blooms and Hypoxia Research and Control Amendments Act of 2011, and 
every 2 years thereafter, the Administrator, through the Mississippi 
River/Gulf of Mexico Watershed Nutrient Task Force, shall submit a 
progress report to the appropriate congressional committees and the 
President that describes the progress made by Task Force-directed 
activities carried out or funded by the Environmental Protection Agency 
and other State and Federal partners toward attainment of the goals of 
the Gulf Hypoxia Action Plan 2008.</DELETED>
<DELETED>    ``(b) Contents.--Each report required under this section 
shall--</DELETED>
        <DELETED>    ``(1) assess the 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;</DELETED>
        <DELETED>    ``(2) evaluate lessons learned; and</DELETED>
        <DELETED>    ``(3) recommend appropriate actions to continue to 
        implement or, if necessary, revise the strategy set forth in 
        the Gulf Hypoxia Action Plan 2008.''.</DELETED>

<DELETED>SEC. 10. INTERAGENCY FINANCING.</DELETED>

<DELETED>    The Act, as amended by section 9 of this Act, is further 
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 may 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 goods, services, 
and space. The amount of funds transferrable under this section for any 
fiscal year may not exceed 5 percent of the account from which such 
transfer was made.''.</DELETED>

<DELETED>SEC. 11. 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, for each of the fiscal years 2011 through 2015 to the 
Under Secretary to carry out sections 603A and 603B, $30,000,000, of 
which--</DELETED>
        <DELETED>    ``(1) $2,000,000 may be used for the development 
        of regional research and action plans and the reports required 
        under section 603B;</DELETED>
        <DELETED>    ``(2) $3,000,000 may be used for the research and 
        assessment activities related to marine and freshwater harmful 
        algal blooms at the National Oceanic and Atmospheric 
        Administration research laboratories;</DELETED>
        <DELETED>    ``(3) $7,000,000 may be used to carry out the 
        Ecology and Oceanography of Harmful Algal Blooms Program 
        (ECOHAB);</DELETED>
        <DELETED>    ``(4) $4,500,000 may be used to carry out the 
        Monitoring and Event Response for Harmful Algal Blooms Program 
        (MERHAB);</DELETED>
        <DELETED>    ``(5) $1,500,000 may be used to carry out the 
        Northern Gulf of Mexico Ecosystems and Hypoxia Assessment 
        Program (NGOMEX);</DELETED>
        <DELETED>    ``(6) $4,000,000 may be used to carry out the 
        Coastal Hypoxia Research Program (CHRP);</DELETED>
        <DELETED>    ``(7) $4,000,000 may be used to carry out the 
        Prevention, Control, and Mitigation of Harmful Algal Blooms 
        Program (PCM);</DELETED>
        <DELETED>    ``(8) $1,000,000 may be used to carry out the 
        Event Response Program; and</DELETED>
        <DELETED>    ``(9) $3,000,000 may be used to carry out the 
        Infrastructure Program.</DELETED>
<DELETED>    ``(b) Extramural Research Activities.--The Under Secretary 
shall ensure that a substantial portion of funds appropriated pursuant 
to subsection (a) that are used for research purposes are allocated to 
extramural research activities.''.</DELETED>

<DELETED>SEC. 12. DEFINITIONS; CONFORMING AMENDMENT.</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 title:</DELETED>
        <DELETED>    ``(1) Administrator.--The term `Administrator' 
        means the Administrator of the National Oceanic and Atmospheric 
        Administration.</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) Program.--The term `Program' means the 
        National Harmful Algal Bloom and Hypoxia Program established 
        under section 603A.</DELETED>
        <DELETED>    ``(5) Regional research and action plan.--The term 
        `regional research and action plan' means a plan established 
        under section 603B.</DELETED>
        <DELETED>    ``(6) 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.</DELETED>
        <DELETED>    ``(7) Task force.--The term `Task Force' means the 
        Inter-Agency Task Force established by section 
        603(a).</DELETED>
        <DELETED>    ``(8) Under secretary.--The term `Under Secretary' 
        means the Under Secretary of Commerce for Oceans and 
        Atmosphere.</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 ``(hereinafter referred to as the `Task Force')''.</DELETED>

<DELETED>SEC. 13. APPLICATION WITH OTHER LAWS.</DELETED>

<DELETED>    The Act is amended by adding 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>

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. FINDINGS.

    Section 602 is amended to read as follows:
``Sec. 602. Findings
    ``Congress finds the following:
            ``(1) Harmful algal blooms and hypoxia--
                    ``(A) are increasing in frequency and intensity in 
                the Nation's coastal waters and Great Lakes;
                    ``(B) pose a threat to the health of coastal and 
                Great Lakes ecosystems;
                    ``(C) are costly to coastal economies; and
                    ``(D) 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. 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) 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 Inter-
        Agency Task Force on Harmful Algal Blooms and Hypoxia, along 
        with States, Indian tribes, and local governments, possesses 
        the 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) Increases in nutrient loading from point and nonpoint 
        sources can trigger and exacerbate harmful algal blooms and 
        hypoxia. Since much of the increases originate in upland areas 
        and are delivered to marine and freshwater bodies via river 
        discharge, integrated and landscape-level research and control 
        strategies are required.
            ``(5) Harmful algal blooms and hypoxia affect many sectors 
        of the coastal economy, including tourism, public health, and 
        recreational and commercial fisheries. According to a recent 
        report produced by the National Oceanic and Atmospheric 
        Administration, the United States seafood, restaurant, and 
        tourism industries suffer estimated annual losses of at least 
        $82,000,000 due to the economic impacts of harmful algal 
        blooms.
            ``(6) The proliferation of harmful and nuisance algae can 
        occur in all United States waters, including coastal areas 
        (such as estuaries), the Great Lakes, and inland waterways, 
        crossing political boundaries and necessitating regional 
        coordination for research, monitoring, mitigation, response, 
        and prevention efforts.
            ``(7) 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--
                    ``(A) provide data for forecast models;
                    ``(B) improve the monitoring and prediction of 
                these events; and
                    ``(C) provide essential decision making 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, 
        socioeconomic, and human health impacts of harmful algal blooms 
        and hypoxia on a regional and national scale, and to integrate 
        this 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. INTER-AGENCY TASK FORCE ON HARMFUL ALGAL BLOOMS AND HYPOXIA.

    Section 603(a) is amended--
            (1) by striking ``the following representatives from'' and 
        inserting ``a representative from'';
            (2) in paragraph (11), by striking ``and'';
            (3) by redesignating paragraph (12) as paragraph (13);
            (4) by inserting after paragraph (11) the following:
            ``(12) the Centers for Disease Control; and''; and
            (5) in paragraph (13), as redesignated, by striking 
        ``such''.

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.--Except as provided in subsection (d), the 
Under Secretary, acting through the Task Force established under 
section 603, shall establish and maintain a national harmful algal 
bloom and hypoxia program.
    ``(b) Action Strategy.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the Harmful Algal Blooms and Hypoxia Research and 
        Control Amendments Act of 2011, the Task Force shall develop a 
        national harmful algal blooms and hypoxia action strategy 
        that--
                    ``(A) is consistent with the purposes under section 
                602A;
                    ``(B) includes a statement of goals and objectives; 
                and
                    ``(C) includes an implementation plan.
            ``(2) Publication.--Not later than 30 days after the date 
        that the action strategy is developed, the Task Force shall--
                    ``(A) submit the action strategy to Congress; and
                    ``(B) publish the action strategy in the Federal 
                Register.
            ``(3) Periodic revision.--The Task Force shall periodically 
        review and revise the action strategy, as necessary.
    ``(c) Task Force Functions.--The Task Force 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 the implementation of the actions and 
        strategies identified in the regional research and action plans 
        under section 603B;
            ``(5) support the development of institutional mechanisms 
        and financial instruments to further the goals of the Program;
            ``(6) coordinate and 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;
            ``(7) expedite the interagency review process by ensuring 
        timely review and dispersal of required reports and assessments 
        under this title;
            ``(8) promote the development of new technologies for 
        predicting, monitoring, and mitigating harmful algal blooms and 
        hypoxia conditions; and
            ``(9) establish such interagency working groups as it 
        considers necessary.
    ``(d) Lead Federal Agency.--The National Oceanic and Atmospheric 
Administration shall have primary responsibility for administering the 
Program.
    ``(e) Program Duties.--In administering the Program, the Under 
Secretary shall--
            ``(1) develop and promote a national strategy to 
        understand, detect, predict, control, mitigate, and respond to 
        marine and freshwater harmful algal bloom and hypoxia events;
            ``(2) prepare work and spending plans for implementing the 
        activities of the Program and developing and implementing the 
        regional research and action plans;
            ``(3) administer merit-based, competitive grant funding--
                    ``(A) to support the projects maintained and 
                established by the Program; and
                    ``(B) to address the research and management needs 
                and priorities identified in the regional research and 
                action plans;
            ``(4) coordinate and work cooperatively with regional, 
        State, tribal, and local government agencies and programs that 
        address marine and freshwater harmful algal blooms and hypoxia;
            ``(5) coordinate with the Secretary of State to support 
        international efforts on marine and freshwater harmful algal 
        bloom and hypoxia information sharing, research, mitigation, 
        control, and response activities;
            ``(6) identify additional research, development, and 
        demonstration needs and priorities relating to monitoring, 
        prevention, control, mitigation, and response to marine and 
        freshwater harmful algal blooms and hypoxia, including methods 
        and technologies to protect the ecosystems affected by marine 
        and freshwater harmful algal blooms and hypoxia;
            ``(7) integrate, coordinate, and augment existing education 
        programs to improve public understanding and awareness of the 
        causes, impacts, and mitigation efforts for marine and 
        freshwater harmful algal blooms and hypoxia;
            ``(8) facilitate and provide resources to train State and 
        local coastal and water resource managers in the methods and 
        technologies for monitoring, controlling, and mitigating marine 
        and freshwater harmful algal blooms and hypoxia;
            ``(9) 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;
            ``(10) convene at least 1 meeting of the Task Force each 
        year; and
            ``(11) perform such other tasks as may be delegated by the 
        Task Force.
    ``(f) National Oceanic and Atmospheric Administration Activities.--
The Under Secretary shall--
            ``(1) maintain and enhance the existing competitive 
        programs at the National Oceanic and Atmospheric Administration 
        relating to marine and freshwater algal blooms and hypoxia;
            ``(2) carry out marine and Great Lakes harmful algal bloom 
        and hypoxia events response activities;
            ``(3) establish new programs and infrastructure, as 
        necessary, to develop and enhance the critical observations, 
        monitoring, modeling, data management, information 
        dissemination, and operational forecasts required to meet the 
        purposes under section 602A;
            ``(4) enhance communication and coordination among Federal 
        agencies carrying out marine and freshwater harmful algal bloom 
        and hypoxia activities;
            ``(5) to the greatest extent practicable, leverage existing 
        resources and expertise available from local research 
        universities and institutions to meet the purposes under 
        section 602A; and
            ``(6) increase the availability to appropriate public and 
        private entities of--
                    ``(A) analytical facilities and technologies;
                    ``(B) operational forecasts; and
                    ``(C) reference and research materials.
    ``(g) Cooperative Efforts.--The Under Secretary shall work 
cooperatively and avoid duplication of effort with other offices, 
centers, and programs within the National Oceanic and Atmospheric 
Administration, other agencies on the Task Force, and States, tribes, 
and nongovernmental organizations concerned with marine and freshwater 
issues to coordinate harmful algal blooms and hypoxia (and related) 
activities and research.
    ``(h) Freshwater Program.--With respect to the freshwater aspects 
of the Program, except for those aspects occurring in the Great Lakes, 
the Administrator of the Environmental Protection Agency, in 
consultation with the Under Secretary, through the Task Force, shall--
            ``(1) carry out the duties assigned to the Under Secretary 
        under this section and section 603B, including the activities 
        under subsection (g);
            ``(2) research the ecology of freshwater harmful algal 
        blooms;
            ``(3) monitor and respond to freshwater harmful algal 
        blooms events in lakes (except for the Great Lakes), rivers, 
        and reservoirs;
            ``(4) mitigate and control freshwater harmful algal blooms; 
        and
            ``(5) recommend the amount of funding required to carry out 
        subsection (g) for inclusion in the President's annual budget 
        request to Congress.
    ``(i) Integrated Coastal and Ocean Observation System.--The 
collection of monitoring and observation data under this title shall 
comply with all data standards and protocols developed pursuant to the 
Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 
3601 et seq.). Such data shall be made available through the system 
established under that Act.''.

SEC. 7. REGIONAL RESEARCH AND ACTION PLANS.

    The Act, as amended by section 6 of this Act, is further amended by 
inserting after section 603A the following:
``Sec. 603B. Regional research and action plans
    ``(a) In General.--In administering the Program, the Under 
Secretary shall--
            ``(1) identify appropriate regions and subregions to be 
        addressed by each regional research and action plan; and
            ``(2) oversee the development and implementation of the 
        regional research and action plans.
    ``(b) Plan Development.--The Under Secretary shall--
            ``(1) develop and submit to the Task Force for approval a 
        regional research and action plan for each region, that builds 
        upon any existing State or regional plans the Under Secretary 
        considers appropriate; and
            ``(2) identify appropriate elements for each region, 
        including--
                    ``(A) 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;
                    ``(B) regional priorities for ecological and socio-
                economic research on issues related to and impacts of 
                harmful algal blooms and hypoxia;
                    ``(C) research, development, and demonstration 
                activities needed to develop and advance technologies 
                and techniques--
                            ``(i) for minimizing the occurrence of 
                        harmful algal blooms and hypoxia; and
                            ``(ii) for improving capabilities to 
                        predict, monitor, prevent, control, and 
                        mitigate harmful algal blooms and hypoxia;
                    ``(D) State, tribal, and local government actions 
                that may be implemented--
                            ``(i) to support long-term monitoring 
                        efforts and emergency monitoring as needed;
                            ``(ii) to minimize the occurrence of 
                        harmful algal blooms and hypoxia;
                            ``(iii) to reduce the duration and 
                        intensity of harmful algal blooms and hypoxia 
                        in times of emergency;
                            ``(iv) to address human health dimensions 
                        of harmful algal blooms and hypoxia; and
                            ``(v) to identify and protect vulnerable 
                        ecosystems that could be, or have been, 
                        affected by harmful algal blooms and hypoxia;
                    ``(E) mechanisms by which data, information, and 
                products are transferred between the Program and State, 
                tribal, and local governments and research entities;
                    ``(F) communication, outreach and information 
                dissemination efforts that State, tribal, and local 
                governments and stakeholder organizations can take to 
                educate and inform the public about harmful algal 
                blooms and hypoxia and alternative coastal resource-
                utilization opportunities that are available; and
                    ``(G) the roles that Federal agencies can play to 
                facilitate implementation of the regional research and 
                action plan for that region.
    ``(c) Consultation.--In developing a regional research and action 
plan under this section, the Under Secretary shall--
            ``(1) coordinate with State coastal management and planning 
        officials;
            ``(2) coordinate with tribal resource management officials;
            ``(3) coordinate with water management and watershed 
        officials from coastal States and noncoastal States with water 
        sources that drain into water bodies affected by harmful algal 
        blooms and hypoxia;
            ``(4) in matters relating to the Gulf of Mexico, coordinate 
        with the Gulf of Mexico Alliance;
            ``(5) coordinate with the Administrator and other Federal 
        agencies as the Under Secretary considers appropriate; and
            ``(6) 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.
    ``(d) Building on Available Studies and Information.--In developing 
a regional research and action plan under this section, the Under 
Secretary shall--
            ``(1) utilize and build on existing research, assessments, 
        reports, including those carried out under existing law, and 
        other relevant sources; and
            ``(2) consider the impacts, research, and existing program 
        activities of all United States coastlines and fresh and inland 
        waters, including the Great Lakes, the Chesapeake Bay, 
        estuaries, and tributaries.
    ``(e) Schedule.--The Under Secretary shall--
            ``(1) begin developing the regional research and action 
        plans for at least a third of the regions not later than 9 
        months after the date of the enactment of the Harmful Algal 
        Blooms and Hypoxia Research and Control Amendments Act of 2011;
            ``(2) begin developing the regional research and action 
        plans for at least another third of the regions not later than 
        21 months after the date of the enactment of the Harmful Algal 
        Blooms and Hypoxia Research and Control Amendments Act of 2011;
            ``(3) begin developing the regional research and action 
        plans for the remaining regions not later than 33 months after 
        the date of the enactment of the Harmful Algal Blooms and 
        Hypoxia Research and Control Amendments Act of 2011; and
            ``(4) ensure that each regional research and action plan 
        developed under this section is--
                    ``(A) completed and approved by the Task Force not 
                later than 12 months after the date that development of 
                the regional research and action plan begins; and
                    ``(B) updated not less than once every 5 years 
                after the completion of the regional research and 
                action plan.
    ``(f) Prioritization.--In developing the regional research and 
action plans pursuant to subsection (e), the Under Secretary shall 
begin with regions that historically have the greatest record of 
harmful algal blooms or the largest perennial hypoxic zones.
    ``(g) Funding.--
            ``(1) In general.--Subject to available appropriations, the 
        Under Secretary 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.--An 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 each eligible organization 
        receiving funds under this subsection to utilize the mechanisms 
        under subsection (b)(2)(E) to ensure the transfer of data and 
        products developed under the regional research and action plan.
            ``(3) Eligible organization.--In this subsection, the term 
        `eligible organization' means--
                    ``(A) an institution of higher education, other 
                non-profit organization, State, tribal, or local 
                government, commercial organization, or Federal agency 
                that meets the requirements of this section and such 
                other requirements as may be established by the Under 
                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.''.

SEC. 8. REPORTING.

    Section 603 is amended by adding at the end the following:
    ``(j) Report.--Not later than 2 years after the submission of the 
action strategy under section 603A, the Under Secretary shall submit a 
report to the appropriate congressional committees that describes--
            ``(1) the proceedings of the annual Task Force meetings;
            ``(2) the activities carried out under the Program and the 
        regional research and action plans, and the budget related to 
        the activities;
            ``(3) the progress made on implementing the action 
        strategy; and
            ``(4) any need to revise or terminate activities or 
        projects under the Program.
    ``(k) Program Report.--Not later than 5 years after the date of 
enactment of the Harmful Algal Blooms and Hypoxia Research and Control 
Amendments Act of 2011, the Task Force shall submit a report on harmful 
algal blooms and hypoxia in marine and freshwater systems to Congress 
that--
            ``(1) evaluates the state of scientific knowledge of 
        harmful algal blooms and hypoxia in marine and freshwater 
        systems, including their causes and ecological consequences;
            ``(2) evaluates the social and economic impacts of harmful 
        algal blooms and hypoxia, including their impacts on coastal 
        communities, and reviews those communities' efforts and 
        associated economic costs related to event forecasting, 
        planning, mitigation, response, public outreach, and education;
            ``(3) examines and evaluates the human health impacts of 
        harmful algal blooms and hypoxia, including any gaps in 
        existing research;
            ``(4) describes 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) evaluates 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 the policies and strategies;
            ``(6) includes 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;
            ``(7) describes communication, outreach, and education 
        efforts to raise public awareness of harmful algal blooms and 
        hypoxia, their impacts, and the methods for mitigation and 
        prevention;
            ``(8) describes extramural research activities carried out 
        under section 605(b); and
            ``(9) specifies how resources were allocated between 
        intramural and extramural research and management activities, 
        including a justification for each allocation.''.

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 Initial Progress Reports.--Beginning not later 
than 12 months after the date of enactment of the Harmful Algal Blooms 
and Hypoxia Research and Control Amendments Act of 2011, and every 2 
years thereafter, the Administrator, through the Mississippi River/Gulf 
of Mexico Watershed Nutrient Task Force, shall submit a progress report 
to the appropriate congressional committees and the President that 
describes the progress made by Task Force-directed activities carried 
out or funded by the Environmental Protection Agency and other State 
and Federal partners toward attainment of the goals of the Gulf Hypoxia 
Action Plan 2008.
    ``(b) Contents.--Each report required under this section shall--
            ``(1) assess the 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;
            ``(2) evaluate lessons learned; and
            ``(3) recommend appropriate actions to continue to 
        implement or, if necessary, revise the strategy set forth in 
        the Gulf Hypoxia Action Plan 2008.''.

SEC. 10. INTERAGENCY FINANCING.

    The Act, as amended by section 9 of this Act, is further amended by 
inserting after section 604 the following:

``SEC. 604A. INTERAGENCY FINANCING.

    ``The departments and agencies represented on the Task Force may 
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 goods, services, and space. The 
amount of funds transferrable under this section for any fiscal year 
may not exceed 5 percent of the account from which such transfer was 
made.''.

SEC. 11. 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, for 
each of the fiscal years 2011 through 2015 to the Under Secretary to 
carry out sections 603A and 603B, $30,000,000, of which--
            ``(1) $2,000,000 may be used for the development of 
        regional research and action plans and the reports required 
        under section 603B;
            ``(2) $3,000,000 may be used for the research and 
        assessment activities related to marine and freshwater harmful 
        algal blooms at the National Oceanic and Atmospheric 
        Administration research laboratories;
            ``(3) $7,000,000 may be used to carry out the Ecology and 
        Oceanography of Harmful Algal Blooms Program (ECOHAB);
            ``(4) $4,500,000 may be used to carry out the Monitoring 
        and Event Response for Harmful Algal Blooms Program (MERHAB);
            ``(5) $1,500,000 may be used to carry out the Northern Gulf 
        of Mexico Ecosystems and Hypoxia Assessment Program (NGOMEX);
            ``(6) $4,000,000 may be used to carry out the Coastal 
        Hypoxia Research Program (CHRP);
            ``(7) $4,000,000 may be used to carry out the Prevention, 
        Control, and Mitigation of Harmful Algal Blooms Program (PCM);
            ``(8) $1,000,000 may be used to carry out the Event 
        Response Program; and
            ``(9) $3,000,000 may be used to carry out the 
        Infrastructure Program.
    ``(b) Extramural Research Activities.--The Under Secretary shall 
ensure that a substantial portion of funds appropriated pursuant to 
subsection (a) that are used for research purposes are allocated to 
extramural research activities.''.

SEC. 12. DEFINITIONS; CONFORMING AMENDMENT.

    (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 National Oceanic and Atmospheric 
        Administration.
            ``(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) Program.--The term `Program' means the National 
        Harmful Algal Bloom and Hypoxia Program established under 
        section 603A.
            ``(5) Regional research and action plan.--The term 
        `regional research and action plan' means a plan established 
        under section 603B.
            ``(6) 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.
            ``(7) Task force.--The term `Task Force' means the Inter-
        Agency Task Force established by section 603(a).
            ``(8) Under secretary.--The term `Under Secretary' means 
        the Under Secretary of Commerce for Oceans and Atmosphere.
            ``(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 
``(hereinafter referred to as the `Task Force')''.

SEC. 13. APPLICATION WITH OTHER LAWS.

    The Act is amended by adding 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.''.
                                                       Calendar No. 542

112th CONGRESS

  2d Session

                                S. 1701

                          [Report No. 112-237]

_______________________________________________________________________

                                 A BILL

To amend the Harmful Algal Blooms and Hypoxia Research and Control Act 
                    of 1998, and for other purposes.

_______________________________________________________________________

                           November 13, 2012

                       Reported with an amendment