[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1057 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 205
115th CONGRESS
  1st Session
                                S. 1057

                          [Report No. 115-145]

 To amend the Harmful Algal Bloom and Hypoxia Research and Control Act 
    of 1998 to address harmful algal blooms, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 4, 2017

  Mr. Nelson (for himself, Mr. Portman, Mr. Peters, Mr. Sullivan, Ms. 
 Baldwin, Mr. Brown, and Ms. Murkowski) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

                             August 3, 2017

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

_______________________________________________________________________

                                 A BILL


 
 To amend the Harmful Algal Bloom and Hypoxia Research and Control Act 
    of 1998 to address harmful algal blooms, 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 Bloom and 
Hypoxia Research and Control Amendments Act of 2017''.</DELETED>

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

<DELETED>    Except as otherwise expressly provided, wherever 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 (33 U.S.C. 
4001 et seq.).</DELETED>

<DELETED>SEC. 3. INTER-AGENCY TASK FORCE.</DELETED>

<DELETED>    Section 603(a) (33 U.S.C. 4001(a)) is amended--</DELETED>
        <DELETED>    (1) in paragraph (12), by striking ``and'' at the 
        end;</DELETED>
        <DELETED>    (2) by redesignating paragraph (13) as paragraph 
        (14); and</DELETED>
        <DELETED>    (3) by inserting after paragraph (12) the 
        following:</DELETED>
        <DELETED>    ``(13) the Army Corps of Engineers; 
        and''.</DELETED>

<DELETED>SEC. 4. SCIENTIFIC ASSESSMENTS OF FRESHWATER HARMFUL ALGAL 
              BLOOMS.</DELETED>

<DELETED>    Section 603 (33 U.S.C. 4001) is amended--</DELETED>
        <DELETED>    (1) by striking subsection (f);</DELETED>
        <DELETED>    (2) by redesignating subsections (g), (h), (i), 
        and (j) as subsections (f), (g), (h), and (i), respectively; 
        and</DELETED>
        <DELETED>    (3) in subsection (g), as redesignated--</DELETED>
                <DELETED>    (A) in the heading, by inserting ``Marine 
                and Freshwater'' after ``Assessments of''; 
                and</DELETED>
                <DELETED>    (B) in paragraph (1)--</DELETED>
                        <DELETED>    (i) by striking the second 
                        sentence; and</DELETED>
                        <DELETED>    (ii) by amending the third 
                        sentence to read as follows: ``Each assessment 
                        shall examine both marine and freshwater 
                        harmful algal blooms, including those in the 
                        Great Lakes and upper reaches of estuaries and 
                        those that originate in freshwater lakes or 
                        rivers and migrate to coastal 
                        waters.''.</DELETED>

<DELETED>SEC. 5. CONSULTATION REQUIRED.</DELETED>

<DELETED>    Section 102 of the Harmful Algal Bloom and Hypoxia 
Amendments Act of 2004 (33 U.S.C. 4001a) is amended by striking ``the 
amendments made by this title'' and inserting ``the Harmful Algal Bloom 
and Hypoxia Research and Control Act of 1998''.</DELETED>

<DELETED>SEC. 6. HYPOXIA OR HARMFUL ALGAL BLOOM OF NATIONAL 
              SIGNIFICANCE.</DELETED>

<DELETED>    (a) Relief.--</DELETED>
        <DELETED>    (1) In general.--Upon a determination under 
        subsection (b) that there is an event of national significance, 
        the appropriate Federal official is authorized to make sums 
        available to the affected State or local government for the 
        purposes of assessing and mitigating the environmental, 
        economic, social, and public health effects of the event of 
        national significance.</DELETED>
        <DELETED>    (2) Federal share.--The Federal share of the cost 
        of any activity carried out under this subsection for the 
        purposes described in paragraph (1) may not exceed 75 percent 
        of the cost of that activity.</DELETED>
        <DELETED>    (3) Donations.--Notwithstanding any other 
        provision of law, an appropriate Federal official may accept 
        donations of funds, services, facilities, materials, or 
        equipment that the appropriate Federal official considers 
        necessary for the purposes described in paragraph (1). Any 
        funds donated to an appropriate Federal official under this 
        paragraph may be expended without further appropriation and 
        without fiscal year limitation.</DELETED>
<DELETED>    (b) Determinations.--</DELETED>
        <DELETED>    (1) In general.--At the discretion of an 
        appropriate Federal official, or at the request of the Governor 
        of an affected State, an appropriate Federal official shall 
        determine whether a hypoxia or harmful algal bloom event is an 
        event of national significance.</DELETED>
        <DELETED>    (2) Considerations.--In making a determination 
        under paragraph (1), the appropriate Federal official shall 
        consider such factors as the toxicity of the hypoxia or harmful 
        algal bloom, its potential to spread, the economic impact, and 
        the geographic scope, including the potential to affect several 
        municipalities, to affect more than 1 State, or to cross an 
        international boundary.</DELETED>
<DELETED>    (c) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Appropriate federal official.--The term 
        ``appropriate Federal official'' means--</DELETED>
                <DELETED>    (A) in the case of a marine or coastal 
                hypoxia or harmful algal bloom event, the Under 
                Secretary of Commerce for Oceans and Atmosphere; 
                and</DELETED>
                <DELETED>    (B) in the case of a freshwater hypoxia or 
                harmful algal bloom event, the Administrator of the 
                Environmental Protection Agency.</DELETED>
        <DELETED>    (2) Event of national significance.--The term 
        ``event of national significance'' means a hypoxia or harmful 
        algal bloom event that has had or will likely have a 
        significant environmental, economic, or public health impact on 
        an affected State.</DELETED>
        <DELETED>    (3) Hypoxia or harmful algal bloom event.--The 
        term ``hypoxia or harmful algal bloom event'' means the 
        occurrence of hypoxia or a harmful algal bloom as a result of a 
        natural, anthropogenic, or undetermined cause.</DELETED>

<DELETED>SEC. 7. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    Section 609(a) (33 U.S.C. 4009(a)) is amended by inserting 
``, and $22,000,000 for each of fiscal years 2019 through 2023'' before 
the period at the end.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Harmful Algal Bloom and Hypoxia 
Research and Control Amendments Act of 2017''.

SEC. 2. REFERENCES TO THE HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND 
              CONTROL ACT OF 1998.

    Except as otherwise expressly provided, wherever 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 (33 U.S.C. 4001 et seq.).

SEC. 3. INTER-AGENCY TASK FORCE.

    Section 603(a) (33 U.S.C. 4001(a)) is amended--
            (1) in paragraph (12), by striking ``and'' at the end;
            (2) by redesignating paragraph (13) as paragraph (14); and
            (3) by inserting after paragraph (12) the following:
            ``(13) the Army Corps of Engineers; and''.

SEC. 4. SCIENTIFIC ASSESSMENTS OF FRESHWATER HARMFUL ALGAL BLOOMS.

    Section 603 (33 U.S.C. 4001) is amended--
            (1) by striking subsection (f);
            (2) by redesignating subsections (g), (h), (i), and (j) as 
        subsections (f), (g), (h), and (i), respectively; and
            (3) by amending subsection (g) to read as follows:
    ``(g) Scientific Assessments of Marine and Freshwater Harmful Algal 
Blooms.--Not less than once every 5 years the Task Force shall complete 
and submit to Congress a scientific assessment of harmful algal blooms 
in United States coastal waters and freshwater systems. Each assessment 
shall examine both marine and freshwater harmful algal blooms, 
including those in the Great Lakes and upper reaches of estuaries, 
those in freshwater lakes and rivers, and those that originate in 
freshwater lakes or rivers and migrate to coastal waters.''.

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

    (a) Program Duties.--Section 603A(e) (33 U.S.C. 4002(e)) is 
amended--
            (1) in paragraph (1), by inserting ``, including to local 
        and regional stakeholders through the establishment and 
        maintenance of a publicly accessible Internet website that 
        provides information as to Program activities completed under 
        this section'' after ``Program'';
            (2) in paragraph (3)--
                    (A) in subparagraph (B), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in subparagraph (C), by inserting ``and'' after 
                the semicolon at the end; and
                    (C) by adding at the end the following:
                    ``(D) to accelerate the utilization of effective 
                methods of intervention and mitigation to reduce the 
                frequency, severity, and impacts of harmful algal bloom 
                and hypoxia events;'';
            (3) in paragraph (4), by striking ``and work cooperatively 
        with'' and inserting ``, and work cooperatively to provide 
        technical assistance to,''; and
            (4) in paragraph (7)--
                    (A) by inserting ``and extension'' after ``existing 
                education''; and
                    (B) by inserting ``intervention,'' after 
                ``awareness of the causes, impacts,''.
    (b) National Oceanic and Atmospheric Administration Activities.--
Section 603A(f) (33 U.S.C. 4002(f)) is amended--
            (1) in paragraph (3), by inserting ``, which shall include 
        unmanned systems,'' after ``infrastructure'';
            (2) in paragraph (5), by striking ``and'' at the end;
            (3) in paragraph (6)(C), by striking the period at the end 
        and inserting a semicolon; and
            (4) by adding at the end the following:
            ``(7) use cost effective methods in carrying out this Act; 
        and
            ``(8) develop contingency plans for the long-term 
        monitoring of hypoxia.''.

SEC. 6. CONSULTATION REQUIRED.

    Section 102 of the Harmful Algal Bloom and Hypoxia Amendments Act 
of 2004 (33 U.S.C. 4001a) is amended by striking ``the amendments made 
by this title'' and inserting ``the Harmful Algal Bloom and Hypoxia 
Research and Control Act of 1998''.

SEC. 7. HYPOXIA OR HARMFUL ALGAL BLOOM OF NATIONAL SIGNIFICANCE.

    (a) Relief.--
            (1) In general.--Upon a determination under subsection (b) 
        that there is an event of national significance, the 
        appropriate Federal official is authorized to make sums 
        available to the affected State or local government for the 
        purposes of assessing and mitigating the environmental, 
        economic, social, and public health effects of the event of 
        national significance.
            (2) Federal share.--The Federal share of the cost of any 
        activity carried out under this subsection for the purposes 
        described in paragraph (1) may not exceed 75 percent of the 
        cost of that activity.
            (3) Donations.--Notwithstanding any other provision of law, 
        an appropriate Federal official may accept donations of funds, 
        services, facilities, materials, or equipment that the 
        appropriate Federal official considers necessary for the 
        purposes described in paragraph (1). Any funds donated to an 
        appropriate Federal official under this paragraph may be 
        expended without further appropriation and without fiscal year 
        limitation.
    (b) Determinations.--
            (1) In general.--At the discretion of an appropriate 
        Federal official, or at the request of the Governor of an 
        affected State, an appropriate Federal official shall determine 
        whether a hypoxia or harmful algal bloom event is an event of 
        national significance.
            (2) Considerations.--In making a determination under 
        paragraph (1), the appropriate Federal official shall consider 
        such factors as the toxicity of the harmful algal bloom, the 
        severity of the hypoxia, its potential to spread, the economic 
        impact, the relative size in relation to the past 5 occurrences 
        of harmful algal blooms or hypoxia events that occur on a 
        recurrent or annual basis, and the geographic scope, including 
        the potential to affect several municipalities, to affect more 
        than 1 State, or to cross an international boundary.
    (c) Definitions.--In this section:
            (1) Appropriate federal official.--The term ``appropriate 
        Federal official'' means--
                    (A) in the case of a marine or coastal hypoxia or 
                harmful algal bloom event, the Under Secretary of 
                Commerce for Oceans and Atmosphere; and
                    (B) in the case of a freshwater hypoxia or harmful 
                algal bloom event, the Administrator of the 
                Environmental Protection Agency.
            (2) Event of national significance.--The term ``event of 
        national significance'' means a hypoxia or harmful algal bloom 
        event that has had or will likely have a significant 
        environmental, economic, or public health impact on an affected 
        State.
            (3) Hypoxia or harmful algal bloom event.--The term 
        ``hypoxia or harmful algal bloom event'' means the occurrence 
        of hypoxia or a harmful algal bloom as a result of a natural, 
        anthropogenic, or undetermined cause.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    Section 609(a) (33 U.S.C. 4009(a)) is amended by inserting ``, and 
$22,000,000 for each of fiscal years 2019 through 2023'' before the 
period at the end.
                                                       Calendar No. 205

115th CONGRESS

  1st Session

                                S. 1057

                          [Report No. 115-145]

_______________________________________________________________________

                                 A BILL

 To amend the Harmful Algal Bloom and Hypoxia Research and Control Act 
    of 1998 to address harmful algal blooms, and for other purposes.

_______________________________________________________________________

                             August 3, 2017

                       Reported with an amendment