118 HR 6235 IH: Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2023
U.S. House of Representatives
2023-11-06
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EN
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I
118th CONGRESS
1st Session
H. R. 6235
IN THE HOUSE OF REPRESENTATIVES
November 6, 2023
Ms. Bonamici (for herself and Mr. Joyce of Ohio) 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 amend the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 to address harmful algal blooms, and for other purposes.
1.

Short title
This Act may be cited as the “Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2023”.
2.

Amendments to the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998
(a)

Assessments
Section 603 of the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 (33 U.S.C. 4001) is amended—
(1)
in subsection (a)—
(A)
in the subsection heading, by striking “Inter-Agency Task Force” and inserting “Interagency Working Group”; and
(B)
in the matter preceding paragraph (1), by striking “an Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia.” and inserting “an Interagency Working Group on Harmful Algal Blooms and Hypoxia (hereafter referred to as the “Task Force”).”;
(2)
by striking subsections (b), (c), (d), (e), (h), and (i) and redesignating subsections (f) and (g) as subsections (b) and (c), respectively;
(3)
in subsection (b), as so redesignated—
(A)
in paragraph (1), by striking “coastal waters including the Great Lakes” and inserting “marine and freshwater systems”; and
(B)
in paragraph (2)—
(i)
by amending subparagraph (A) to read as follows:
“(A)
examine the causes and ecological consequences of low oxygen on marine and aquatic species in their natural environments, the social and economic costs of hypoxia, and the cultural impacts of hypoxia;”;
(ii)
by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively;
(iii)
by inserting after subparagraph (A) the following new subparagraph:
“(B)
examine the effect of other environmental stressors on hypoxia;”;
(iv)
in subparagraph (C), as so redesignated, by inserting “, social,” after “ecological”; and
(v)
in subparagraph (D), as so redesignated, by striking “hypoxia modeling and monitoring data” and inserting “hypoxia modeling, forecasting, and monitoring and observation data”; and
(4)
in subsection (c), as so redesignated, by mending such subsection to read as follows:
“(c)

Action strategy and scientific assessment for marine and freshwater harmful algal blooms
(1)
Not less often than once every five years, the Task Force shall complete and submit to Congress an action strategy, including a scientific assessment, for harmful algal blooms in the United States (in this Act referred to as the “Action Strategy”). Each such Action Strategy, including scientific 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.
(2)
Each Action Strategy under this subsection shall—
(A)
examine the causes and ecological consequences, and the economic, social, and cultural impacts of harmful algal blooms;
(B)
examine the effect of other environmental stressors on harmful algal blooms;
(C)
examine potential methods to prevent, control, and mitigate harmful algal blooms and the potential ecological, social, cultural, and economic costs and benefits of such methods;
(D)
identify priorities for research needed to advance techniques and technologies to detect, predict, monitor, respond to, and minimize the occurrence, duration, and severity of harmful algal blooms, including recommendations to eliminate significant gaps in harmful algal bloom forecasting, monitoring, and observation data;
(E)
evaluate progress made by, and the needs of, Task Force activities and actions to prevent, control, and mitigate harmful algal blooms;
(F)
identify ways to improve coordination and prevent unnecessary duplication of effort among Federal departments and agencies with respect to research on harmful algal blooms; and
(G)
include regional chapters relating to the requirements described in this paragraph in order to highlight geographically and ecologically diverse locations with significant ecological, social, cultural, and economic impacts from harmful algal blooms.”.
(b)

Consultations
Section 102 of the Harmful Algal Bloom and Hypoxia Amendments Act of 2004 (33 U.S.C. 4001a) is amended—
(1)
by striking “the coastal”;
(2)
by inserting “and” after “Indian tribes,”;
(3)
by inserting “and” after “local governments,”; and
(4)
by striking “with expertise in coastal zone science and management”.
(c)

National harmful algal bloom and hypoxia program
Section 603A of the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 (33 U.S.C. 4002) is amended—
(1)
in subsection (a)—
(A)
in paragraph (1), by striking “predicting,” and inserting “monitoring, observing, forecasting,”; and
(B)
in paragraph (2), by striking “comprehensive research plan and action strategy under section 603B” and inserting “the Action Strategy, including scientific assessment, under section 603(c)”;
(2)
in subsection (c)—
(A)
in paragraph (3), by striking “ocean and Great Lakes” and inserting “marine, estuarian, and freshwater systems”; and
(B)
in paragraph (5), by inserting “while recognizing each agency is acting under its own independent mission and authority” before the semicolon;
(3)
in subsection (d), by striking “Except as provided in subsection (h), the” and inserting “The”;
(4)
in subsection (e)—
(A)
by amending paragraph (2) to read as follows:
“(2)
examine, in collaboration with State, local, and Tribal entities, including island communities, low-population rural communities, Indigenous communities, subsistence communities, fisheries, and recreation industries that are most dependent on coastal and water resources that may be impacted by marine and freshwater harmful algal blooms and hypoxia, the causes, ecological consequences, cultural impacts, and social and economic costs of harmful algal blooms and hypoxia;” ;
(B)
by striking paragraph (3);
(C)
by redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5), respectively;
(D)
in paragraph (3), as so redesignated—
(i)
by striking “to, regional” and inserting “to regional”; and
(ii)
by striking “agencies” and inserting “entities, and regional coastal observing systems (as such term is defined in section 12330(6) of the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3602(6)))”;
(E)
in paragraph (5), as so redesignated, by inserting “and communities” after “ecosystems”;
(F)
by inserting after paragraph (5) the following new paragraph:
“(6)
support sustained observations to provide State, local, and Tribal entities and others access to real-time or near real-time observation data for decision-making to protect human and ecological health and local economies;”;
(G)
in paragraph (8), by striking “State and local” and inserting “State, local, and Tribal”; and
(H)
in paragraph (9)(A), by striking “tribal” and inserting “Tribal”;
(5)
by amending subsections (f) and (g) to read as follows:
“(f)

Cooperative efforts
The Under Secretary shall work cooperatively with and avoid duplication of effort of other agencies on the Task Force, and with and of States, Indian tribes, and nongovernmental organizations concerned with marine and freshwater issues, and shall coordinate harmful algal bloom and hypoxia and related activities and research.
(g)

Freshwater program duties
The Administrator, in coordination with the Task Force, shall carry out the duties under subsection (e) for freshwater aspects of the Program.”;
(6)
by striking subsection (h); and
(7)
by redesignating subsection (i) as subsection (h).
(d)

National Oceanic and Atmospheric Administration activities
(1)

In general
The Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 is amended by amending section 603B (33 U.S.C. 4003) to read as follows:
“603B.

National Oceanic and Atmospheric Administration activities
(a)

In general
The Under Secretary shall—
(1)
carry out marine, coastal, and Great Lakes harmful algal bloom and hypoxia events response activities;
(2)
develop and enhance operational harmful algal bloom observing and forecasting programs, including operational observations and forecasting, monitoring, modeling, data management, and information dissemination;
(3)
maintain and enhance the existing peer-reviewed, merit-based, competitive grant funding relating to harmful algal blooms and hypoxia to—
(A)
maintain and enhance baseline monitoring programs established by the Program;
(B)
support the projects maintained and established by the Program;
(C)
address the research and management needs and priorities identified in the Action Strategy under section 603(c);
(D)
accelerate the utilization of effective methods of intervention and mitigation to reduce the frequency, severity, and impacts of harmful algal bloom and hypoxia events;
(E)
identify opportunities to improve monitoring of harmful algal bloom and hypoxia, with a particular focus on coastal waters that may affect fisheries, public health, or subsistence harvest;
(F)
examine the effects of other environmental stressors on harmful algal blooms and hypoxia;
(G)
assess the effects of multiple environmental stressors on living marine resources and coastal ecosystems; and
(H)
evaluate adaptation and mitigation strategies to address the impacts of harmful algal blooms and hypoxia;
(4)
enhance communication and coordination among Federal agencies carrying out marine and freshwater harmful algal bloom and hypoxia activities and research;
(5)
to the greatest extent practicable, leverage existing resources and expertise available from local research universities and institutions; and
(6)
use cost effective methods in carrying out this section.
(b)

Integrated Coastal and Ocean Observation System
The collection of monitoring and observing data under this section 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.”.
(2)

Clerical amendment
The table of contents in section 2 of the Coast Guard Authorization Act of 1998 is amended by amending the item relating to section 603B to read as follows:
“Sec. 603B. National Oceanic and Atmospheric Administration activities.”.
(e)

Environmental Protection Agency activities
(1)

In general
The Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 is amended by inserting after section 603B, as amended by subsection (d), the following new section:
“603C.

Environmental Protection Agency activities
The Administrator shall—
(1)
carry out research on the ecology and human health impacts of freshwater harmful algal blooms;
(2)
develop and maintain forecasting and monitoring of, and event response to, freshwater harmful algal blooms in lakes, reservoirs, rivers, and estuaries (including tributaries thereof);
(3)
enhance communication and coordination among Federal agencies carrying out freshwater harmful algal bloom and hypoxia activities and research;
(4)
to the greatest extent practicable, leverage existing resources and expertise available from local research universities and institutions; and
(5)
use cost effective methods in carrying out this section.”.
(2)

Clerical amendment
The table of contents in section 2 of the Coast Guard Authorization Act of 1998 is amended by inserting after the time relating to section 603B, as amended by subsection (e), the following new item:
“Sec. 603C. Environmental Protection Agency activities.”.
(f)

National harmful algal bloom and hypoxia observing network
(1)

In general
The Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 is amended by amending section 606 (33 U.S.C. 4005) to read as follows:
“606.

National harmful algal bloom observing network
(a)

In general
The Under Secretary, acting through the National Centers for Coastal Ocean Science (NCCOS) and the Integrated Ocean Observing System (IOOS) of the National Oceanic and Atmospheric Administration, shall establish a national network of harmful algal bloom observing systems for the monitoring, detection, and forecasting of harmful algal blooms by leveraging the capacity of IOOS regional associations, including through the incorporation of emerging technologies and new data integration methods, such as artificial intelligence.
(b)

Coordination
In carrying out subsection (a), the IOOS Program Office shall—
(1)
coordinate with NCCOS regarding observations, data integration, and information dissemination; and
(2)
establish a Harmful Algal Bloom Data Assembly Center to integrate, disseminate, and provide a central architecture to support ecological forecasting.”.
(2)

Clerical amendment
The table of contents in section 2 of the Coast Guard Authorization Act of 1998 is amended by amending the item relating to section 606 to read as follows:
“Sec. 606. National harmful algal bloom observing network.”.
(g)

Definitions
Section 609 of the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 (33 U.S.C. 4008) is amended—
(1)
in paragraph (1), by striking “means the comprehensive research plan and action strategy established under section 603B” and inserting “means the action strategy, including scientific assessment, for marine and freshwater harmful algal blooms established under section 603(c)”;
(2)
by amending paragraph (3) to read as follows:
“(3)

Appropriate Federal official
The term “appropriate Federal official” means—
(A)
in the case of coastal hypoxia or harmful algal bloom event, including those in estuarine areas, 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, in consultation with the Under Secretary of Commerce for Oceans and Atmosphere.”.
(3)
by striking paragraph (9);
(4)
by redesignating paragraphs (4), (5), (6), (7), and (8) as paragraphs (6), (7), (9), (10), and (11);
(5)
by inserting after paragraph (3) the following new paragraphs:
“(4)

Harmful algal bloom; harmful algal bloom and hypoxia event
(A)

Harmful algal bloom
The term “harmful algal bloom” means marine or freshwater algae or macroalgae, including Sargassum, that proliferate to high concentrations, resulting in nuisance conditions or harmful impacts on marine and freshwater ecosystems, communities, or human health through the production of toxic compounds or other biological, chemical, or physical impacts of the algae outbreak.
(B)

Harmful algal bloom and hypoxia event
The term “harmful algal bloom and hypoxia event” means the occurrence of a harmful algal bloom or hypoxia as a result of a natural, anthropogenic, or undetermined cause.
(5)

Harmful algal bloom or hypoxia event of significance
The term “event of significance” means a harmful algal bloom or hypoxia event that has had or will likely have significant detrimental environmental, economic, social, subsistence use, or public health impacts.”;
(6)
in paragraph (6), as so redesignated—
(A)
by striking “aquatic” and inserting “marine or freshwater”; and
(B)
by striking “resident” and inserting “marine or freshwater”;
(7)
by inserting after paragraph (7), as so redesignated, the following new paragraph:
“(9 - 8)

Subsistence use
The term “subsistence use” means the customary and traditional use of fish, wildlife, or other freshwater, coastal, or marine resources by any individual or community to meet personal or family needs, including essential economic, nutritional, or cultural applications.”; and
(8)
in paragraph (10), as so redesignated, by striking “Inter-Agency Task Force” and inserting “Interagency Working Group”.
(h)

Authorization of appropriations
Section 610 of the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 (33 U.S.C. 4009) is amended—
(1)
by amending subsection (a) to read as follows:
“(a)

In general
There is authorized to be appropriated to the Under Secretary to carry out this title $34,600,000 for each of fiscal years 2024 through 2028.”; and
(2)
by adding at the end the following new subsection:
“(c)

Transfer authority
The Under Secretary is authorized to make a direct non-expenditure transfer of funds authorized to be appropriated pursuant to subsection (a) to the head of any Federal department or agency, with the concurrence of such head, to carry out, as appropriate, relevant provisions of this title.”.
(i)

National level incubator program; harmful algal bloom or hypoxia event of significance
(1)

In general
The Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 is amended by adding at the end the following new sections:
“611.

National level incubator program
(a)

In general
The Under Secretary, in collaboration with research universities and institutions, shall establish a national level incubator program to increase the number of available control strategies and technologies relating to harmful algal blooms. Such incubator shall establish a framework for preliminary assessments of novel harmful algal bloom prevention, mitigation, and control technologies in order to determine the potential for effectiveness and scalability.
(b)

Operation
The incubator under subsection (a) shall provide merit-based funding for harmful algal bloom control strategies and technologies that eliminate or reduce through biological, chemical, or physical means the levels of harmful algae and associated toxins.
(c)

Database
The incubator under subsection (a) shall establish a database to—
(1)
catalog the economic costs, feasibility, effectiveness, and scalability of both novel and established prevention, control, and mitigation measures; and
(2)
clarify the licensing and permitting requirements regulating the application of such measures.
(d)

Prioritization
In carrying out the incubator under subsection (a), the Under Secretary shall prioritize proposed activities that would—
(1)
protect key habitats for fish and wildlife;
(2)
maintain biodiversity;
(3)
protect public health;
(4)
protect coastal resources of national, historical, and cultural significance; and
(5)
benefit communities of color, low-income communities, Tribal or Indigenous communities, and rural communities.
612.

Harmful algal bloom or hypoxia event of significance
(a)

Event of significance fund
(1)

Establishment
There is established in the Treasury of the United States a fund to be known as the “Harmful Algal Bloom and Hypoxia Event of Significance Fund” (in this section referred to as the “Fund”).
(2)

Deposits into Fund
(A)

In general
There shall be deposited into the Fund the following:
(i)
Amounts appropriated to the Fund.
(ii)
Amounts transferred to the Fund under paragraph (3).
(iii)
Amounts received by the United States in the form of gifts, devises, and bequests under paragraph (4).
(B)

Availability
Amounts deposited into the Fund shall be available without fiscal year limitation.
(3)

Transfer authority
Notwithstanding any other provision of law, from amounts appropriated to the National Oceanic and Atmospheric Administration, the Under Secretary may transfer up to $2,000,000 to the Fund each fiscal year.
(4)

Acceptance of donations
For purposes of carrying out this section, the Under Secretary may accept, solicit, receive, hold, administer, and use gifts, devises, and bequests without any further approval or administrative action.
(5)

Contract, grant, and cooperative agreement authority
The Under Secretary may enter into agreements and grants with States, Indian tribes, or local governments, or other entities to pay for or reimburse costs incurred for the purposes of supporting the determination of and assessing the environmental, economic, social, subsistence use, and public health effects of a harmful algal bloom or hypoxia event of significance.
(6)

Steering committee
(A)

In general
Not later than 12 months after the date of the enactment of this section, the President, acting through the Under Secretary, shall establish a steering committee to assist in evaluating information and data submitted by eligible requesters under subsection (b)(1) in the event of a harmful algal bloom or hypoxia event of significance, in accordance with the considerations described in subsection (c)(3) and the Event of Significance Policy under subsection (c).
(B)

Membership
The steering committee established under this paragraph shall consist of individuals with knowledge and experience in aquatic or marine science, harmful algal bloom or hypoxia science, harmful algal bloom or hypoxia monitoring and forecasting, or harmful algal bloom or hypoxia prevention, mitigation, and control.
(C)

Charter
The Under Secretary shall develop and prescribe a charter for the steering committee established under this paragraph. Such charter shall reflect the full scope of the duties and activities of the steering committee.
(D)

Exemption
Chapter 10 of title 5, United States Code, shall not apply to the steering committee established under this paragraph.
(7)

Availability of funds
Upon the submission of a request for a harmful algal bloom or hypoxia event of significance determination under subsection (b), the appropriate Federal official is authorized to make sums, from funds appropriated to the Fund, available to the affected State, local, or Tribal government for the purposes of supporting the determination of and assessing the environmental, economic, social, subsistence use, and public health effects of such event.
(b)

Requests and determinations
(1)

Eligible requesters
Not later than two years after the beginning date of a harmful algal bloom or hypoxia event of significance, a request for a harmful algal bloom or hypoxia event of significance determination may be submitted to the appropriate Federal official, if the appropriate Federal official has not independently determined that such an event of significance has occurred, by any of the following:
(A)
The Governor of an affected State.
(B)
A leadership official of an affected Indian Tribe.
(C)
The executive official of the District of Columbia or a territory or possession of the United States, including Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and the Trust Territories of the Pacific Islands, and American Samoa, if affected.
(D)
Any other comparable elected or politically appointed representative as determined by the Secretary, if affected.
(2)

Harmful algal bloom or hypoxia event of significance determination
At the discretion of an appropriate Federal official, or at the request of an eligible requester under subsection(b)(1), an appropriate Federal official, in consultation with the Steering Committee and NOAA, shall determine whether a harmful algal bloom or hypoxia event is an event of significance.
(3)

Considerations
In making a determination under paragraph (2), the appropriate Federal official shall consider such factors as the following:
(A)
The risk to public health and the potential severity of the detrimental environmental effects of the harmful algal bloom or hypoxia event at issue.
(B)
The potential to spread, the potential economic, social, and subsistence use impacts of such event.
(C)
The relative magnitude of impacts in relation to past occurrences of harmful algal blooms or hypoxia events that occur on a recurrent or annual basis.
(D)
The geographic scope, including the potential to affect several municipalities, to affect more than one State, or to cross an international boundary.
(4)

Mitigation relief
Upon determination that a harmful algal bloom or hypoxia event of significance has occurred under paragraph (2), the appropriate Federal official is authorized to make sums available, from funds appropriated for such purposes, to be used by the affected State, Tribal, or local government, or by the Under Secretary in cooperation with the affected State, local, or Tribal government, for the purposes of mitigating the environmental, economic, social, subsistence, and public health effects of such event.
(c)

Event of significance policy
(1)

Publication
Not later than six months after the date of the enactment of this section, the appropriate Federal officials shall publish Harmful Algal Bloom and Hypoxia Event of Significance policies for marine and coastal harmful algal bloom or hypoxia events, and for freshwater harmful algal bloom or hypoxia events, respectively. Each such policy shall include the following:
(A)
Evaluation criteria and considerations to inform the determination of a harmful algal bloom or hypoxia event of significance under subsection (b)(3).
(B)
The type of supplementary information that an affected State or other eligible requester described in subsection (b)(1) may provide to accompany a harmful algal bloom or hypoxia event of significance request.
(C)
Process and criteria for prioritizing and evaluating multiple requests for a harmful algal bloom or hypoxia event of significance determination.
(2)

Opportunity for comment
Not later than 120 days before publishing each final policy under paragraph (1), the appropriate Federal officials shall publish a draft of each such proposed policy in the Federal Register for a public comment period of not less than 60 days.
(d)

Limitations
(1)

Federal share
Except as provided in paragraph (2), the Federal share of the cost of any activity carried out under this subsection may not exceed 75 percent of the total cost of such activity.
(2)

Waiver
The appropriate Federal official may waive the non-Federal share requirements of this subsection, if the appropriate Federal official determines that—
(A)
no reasonable means are available through which the recipient of the Federal share can meet the non-Federal share requirement;
(B)
the probable benefit of 100 percent Federal financing outweighs the public interest in imposition of the non-Federal share; and
(C)
assistance is directed to support the assessment or mitigation of a harmful algal bloom or hypoxia event of significance affecting an Indian Tribe or subsistence use.
(3)

Fishery failures
(A)

In general
Any analysis of a commercial fishery failure due to a fishery resource disaster caused by a harmful algal bloom or hypoxia event of significance shall be conducted pursuant to an appropriate request in accordance with the Magnusons-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
(B)

Fishery resource disaster relief
No funds available under this section may be used as part of response relief for a declared fishery resource disaster caused by a harmful algal bloom or hypoxia event, pursuant to the Magnusons-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).”.
(2)

Clerical amendments
The table of contents in section 2 of the Coast Guard Authorization Act of 1998 is amended by inserting after the item relating to section 610 the following new item:
“Sec. 611. National level incubator program.
Sec. 612. Harmful algal bloom or hypoxia event of significance.”.