[Congressional Record Volume 149, Number 16 (Wednesday, January 29, 2003)]
[Senate]
[Pages S1750-S1752]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. SNOWE (for herself and Mr. Breaux):
  S. 247. A bill to reauthorize the Harmful Algal Bloom and Hypoxia 
Research and Control Act of 1998, and for other purposes; to the 
Committee on Commerce, Science, and Transportation.
  Ms. SNOWE. Mr. President, I rise today to introduce the Harmful Algal 
Bloom and Hypoxia Amendments Act of 2003. This bill continues and 
builds upon the research efforts established in 1998 by the Harmful 
Algal Bloom and Hypoxia Research and Control Act.
  I am very pleased to continue working with my friend and co-sponsor 
Senator Breaux on this important issue. He and I represent coastal 
States that are directly affected by harmful algal bloom outbreaks and 
hypoxia, and we see the ecological and economic damage, as well as the 
risks to human health, that are caused by these events.
  In Maine, for example, harmful algal blooms lead to paralytic 
shellfish poisoning, a potentially fatal neurological disorder. When 
humans eat shellfish that have fed on algae in the genus Alexandrium, 
they are exposed to the toxins that have accumulated in the fish as a 
result of the algae. Along with human, fish and marine mammals suffer 
and die from this exposure. This phenomenon, which occurs along 
thousands of miles of U.S. coastline, has increased dramatically in the 
Gulf of Maine in the last 20 years.
  Although we have learned a great deal about harmful algal blooms and 
hypoxia in recent years, we still have a long way to go in 
understanding, predicting, and mitigating these events. Massive fish 
kills still occur along our coastlines on almost a regular basis, 
leading to extensive impacts on fish and shellfish populations and 
fishing industries. Beach-goers and anglers are still being warned of 
``no swimming'' and ``no fishing'' alerts when conditions pose a threat 
to human health. The Woods Hole Oceanographic Institution, in a 2000 
study, estimated the annual economic impact from harmful algae to be 
$49 million, in lost tourism, fishing, and health costs. According to 
the National Oceanic and Atmospheric Administration, in the U.S. 
approximately $1 billion could be lost in the next decade due to 
harmful algae.
  Harmful algal blooms and hypoxia present enormous challenges to 
marine resource managers. For example, consider what happens in the 
Gulf of Mexico. Thirty-one States drain into the Mississippi River, and 
the runoff from this massive watershed is carried into the gulf. When 
the waters heat up in the summer, the heavy loads of nutrients in this 
runoff likely contribute to massive algal blooms. When these algae die 
and decompose they are consumed by bacteria, which depletes oxygen from 
the water. If the algal blooms are extensive enough, they will 
essentially remove all oxygen from the water. No sea life can live 
under these conditions, which creates a massive area in the water 
column known as the

[[Page S1751]]

``dead zone.'' At that point, all we can really do is wait it out. 
Clearly, we need to equip our coastal and ocean managers with better 
tools for predicting, minimizing, and mitigating these outbreaks.
  Harmful algal blooms and hypoxia are just as much of a problem now as 
they were in 1998, when we passed the original bill. It is clear that 
these problems have not gone away. Algal blooms are still prevalent 
around the country, the dead zone still occurs each summer in the Gulf 
of Mexico, and the management and mitigation measures we set the 
framework for in our 1998 bill still need to be realized.

  Our 1998 bill authorized a cross-section of research and monitoring 
activities on harmful algal blooms and hypoxia. These activities were 
to encompass basic and applied sciences, looking at the distribution 
and frequency of outbreaks, as well as how they may be better mitigated 
and managed. This research, however, was never fully funded at the 
authorized amounts for research and monitoring, so many of these 
research activities still need to occur, and many on-going projects 
need to continue. These amendments would authorize the funding that 
will reignite these scientific activities.
  Our 1998 bill also codified an Interagency Task Force, chaired by the 
Department of Commerce. Through this group, experts from the 
Environmental Protection Agency, the Department of Agriculture, the 
Department of the Interior, the Department of Health and Human 
Services, and numerous other appropriate Federal agencies were able to 
start the long process of collectively understanding and seeking 
solutions to many aspects of harmful algal blooms and hypoxia. This 
Task Force spearheaded a technical assessment of the causes and 
consequences of the northern Gulf of Mexico dead zone, an action plan 
to eliminate this dead zone, a national assessment of harmful algal 
blooms, and a national assessment of hypoxia. I would like to express 
my appreciation for the hard work and accomplishments of this group, 
yet I realize--as do they--that much more needs to be done.
  The 1998 bill allowed the President to disestablish the Task Force 
after submission of their reports. Considering the great challenges 
that lay before us and this Task Force, we need to keep this group 
intact so that they can follow through on their previous 
recommendations and continue much of their ongoing collaborative 
efforts. This bill would repeal the Task Force disestablishment clause 
in the 1998 bill.
  This reauthorization continues to seek the valuable contributions of 
Task Force members on a response and prediction action plan to protect 
environmental and public health from impacts of harmful algal blooms. 
This plan would review prediction techniques, develop innovative 
response measures, and include incentive-based partnership approaches. 
The Task Force would contribute to this plan, as would coastal zone 
management experts from State and local governments, Indian tribes, 
industries, universities, and non-governmental organizations. In 
developing this process, we mirrored the process used for the dead zone 
action plan, one of the products of the Task Force from the 1998 bill, 
to ensure widespread public participation and involvement of the 
coastal governors.
  The dead zone action plan recommended a national framework for 
reducing nutrients entering the Mississippi River as well as regional 
plans to implement any needed measures. While a national framework is 
essential for facilitating the widespread changes that are needed, it 
is at the local and regional level that solutions must be developed and 
implemented. The regional plans will help avoid a one-size-fits-all 
approach, since local and regional variations in the types of land use, 
landscape geology, and community input should be taken into account 
when carrying out nutrient reduction and outbreak mitigation measures 
of this magnitude. By tailoring mitigation and management measures to 
each location, the overall approach can be more effective.
  Local and regional assessments are a key component of this 
reauthorization as well. Coastal states, Indian tribes, and local 
governments would be able to request these local and regional 
assessments of hypoxia and harmful algal blooms, so they can better 
understand the causes, impacts, and mitigation alternatives for these 
outbreaks. By having the Commerce Department and the Task Force provide 
and assist in these assessments, local and regional communities can be 
more empowered to take action on reducing the magnitude and impacts of 
these outbreaks.
  This bill would authorize $26 million in FY04, and $26.5 million in 
FY05, and $27 million in FY06. These funding levels reflect modest 
increases in some of the research and monitoring programs authorized in 
the 1998 bill and provide funding for the new assessments and 
implementation of their recommendations.
  This reauthorization enables collaborative, science-based research 
efforts that can help us to better understand how to predict and 
mitigate harmful algal blooms and hypoxia events. It facilitates action 
at the local and regional levels, which is a key element for 
effectively addressing and minimizing the adverse ecological, economic, 
and health impacts of these outbreaks. I wish to thank Senator Breaux 
for his continued vigilance and important contributions on this matter, 
and I encourage my colleagues to support this bill.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 247

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Harmful Algal Bloom and 
     Hypoxia Amendments Act of 2003''.

     SEC. 2. RETENTION OF TASK FORCE.

       Section 603 of the Harmful Algal Bloom and Hypoxia Research 
     and Control Act of 1998 (16 U.S.C. 1451 nt) is amended by 
     striking subsection (e).

     SEC. 3. PREDICTION AND RESPONSE PLAN.

       Section 603 of such Act, as amended by section 2, is 
     further amended by adding at the end the following:
       ``(e) Prediction and Response Plan.--
       ``(1) Development of plan.--Not later then 12 months after 
     the date of enactment of the Harmful Algal Bloom and Hypoxia 
     Amendments Act of 2003, the President, in conjunction with 
     the chief executive officers of the States, shall develop and 
     submit to the Congress a plan to protect environmental and 
     public health from impacts of harmful algal blooms. In 
     developing the plan, the President shall consult with the 
     Task Force, the coastal States, Indian tribes, local 
     governments, industry, academic institutions, and non-
     governmental organizations with expertise in coastal zone 
     management.
       ``(2) Plan requirements.--The plan shall--
       ``(A) review techniques for prediction of the onset, 
     course, and impacts of harmful algal blooms including 
     evaluation of their accuracy and utility in protecting 
     environmental and public health and provisions for 
     implementation;
       ``(B) identify innovative response measures for the 
     prevention, control, and mitigation of harmful algal blooms 
     and provisions for their development and implementation; and
       ``(C) include incentive-based partnership approaches where 
     practicable.
       ``(3) Publication and opportunity for comment.--At least 90 
     days before submitting the plan to the Congress, the 
     President shall cause a summary of the proposed plan to be 
     published in the Federal Register for a public comment period 
     of not less than 60 days.
       ``(4) Federal assistance.--The Secretary of Commerce, in 
     coordination with the Task Force and to the extent of funds 
     available, shall provide for Federal cooperation with and 
     assistance to the coastal States, Indian tribes, and local 
     governments in implementing measures in paragraph (2), as 
     requested.''.

     SEC. 4. LOCAL AND REGIONAL ASSESSMENTS.

       Section 603 of such Act, as amended by section 3, is 
     further amended by adding at the end the following:
       ``(f) Local and Regional Assessments.--
       ``(1) In general.--The Secretary of Commerce, in 
     coordination with the Task Force and to the extent of funds 
     available, shall provide for local and regional assessments 
     of hypoxia and harmful algal blooms, as requested by coastal 
     States, Indian tribes, and local governments.
       ``(2) Purpose.--Local and regional assessments may 
     examine--
       ``(A) the causes of hypoxia or harmful algal blooms in that 
     area;
       ``(B) the ecological and economic impacts of hypoxia or 
     harmful algal blooms;
       ``(C) alternatives to reduce, mitigate, and control hypoxia 
     and harmful algal blooms; and
       ``(D) the social and economic benefits of such 
     alternatives.''.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       Section 605 of such Act is amended--

[[Page S1752]]

       (1) by striking ``and'' after ``2000,'' in the first 
     sentence and in the paragraphs (1), (2), (3), and (5);
       (2) by inserting ``$26,000,000 for fiscal year 2004, 
     $26,500,000 for fiscal year 2005, and $27,000,000 for fiscal 
     year 2007'' after ``2001,'' in the first sentence;
       (3) by inserting ``and $2,500,000 for each of fiscal years 
     2004, 2005, and 2006'' after ``2001'' in paragraph (1);
       (4) by inserting ``and $5,500,000 for each of fiscal years 
     2004, 2005, and 2006'' after ``2001'' in paragraph (2);
       (5) by striking ``2001'' in paragraph (3) and inserting 
     ``2001, $2,000,000 for fiscal year 2004, $3,000,000 for 
     fiscal year 2005, and $3,000,000 for fiscal year 2006'';
       (6) by striking ``blooms;'' in paragraph (3) and inserting 
     ``blooms and to implement section 603(e);''
       (7) by striking ``2001'' in paragraph (4) and inserting 
     ``2001, and $6,000,000 for each of fiscal years 2004, 2005, 
     and 2006,'';
       (8) by striking ``and'' after the semicolon in paragraph 
     (4);
       (9) by striking ``2001'' in paragraph (5) and inserting 
     ``2001, $5,000,000 for fiscal year 2004, $5,500,000 for 
     fiscal year 2005, and $6,600,000 for fiscal year 2006'';
       (10) by striking ``Administration.'' in paragraph (5) and 
     inserting ``Administration; and''; and
       (11) by adding at the end the following:
       ``(6) $3,000,000 for each of fiscal years 2004, 2005, and 
     2006 to carry out section 603(f).''.

  Mr. BREAUX. Mr. President, I am pleased to rise today to join Senator 
Snowe as an original cosponsor of the Harmful Algal Bloom and Hypoxia 
Amendments Act of 2003.
  The Gulf of Mexico has a serious hypoxia condition. The water flowing 
out of the Mississippi River Delta is loaded with nutrients, nutrients 
that help things grow. In the gulf, the nutrients fuel accelerated 
growth of algae and other plankton-like organisms. As the organisms die 
and descent through the water, they decompose and rob the water of 
dissolved oxygen. This lack of oxygen, below a level which can sustain 
marine life, is hypoxia and creates what we call ``the Dead Zone.'' In 
1998, the ``Dead Zone'' exceeded 7,000 square miles, equivalent to the 
combined areas of the States of Rhode Island and Connecticut.
  As a Senator from the State that is on the receiving end of this 
unprecedented problem and as a member of the Senate Commerce Committee, 
Subcommittee on Oceans and Fisheries, I was very pleased to have worked 
with Senator Snowe on legislation that first drew national attention to 
hypoxia and harmful algal blooms, the Harmful Algal Bloom and Hypoxia 
Control Act of 1998.
  Among important issues, the enacted legislation required an 
interagency task force to develop an assessment of hypoxia in the 
northern Gulf of Mexico. It also required the task force to submit to 
Congress a plan based on the assessment for reducing, mitigating, and 
controlling hypoxia in the northern Gulf of Mexico.
  The Mississippi River/Gulf of Mexico Watershed Nutrient Task Force 
was given a large job, to come up with a national strategy to reduce 
the size and growth of the ``Dead Zone'' in the Gulf of Mexico off of 
the coast of Louisiana. They were charged by the Harmful Algal Bloom 
and Hypoxia Research and Control Act of 1998 to put this strategy in 
the form of an action plan that could be undertaken by the States and 
partner agencies at the Federal and State level that make up the task 
force. They succeeded on both fronts, not only delivering an action 
plan, but doing so by reaching consensus after a process of strenuous 
debate and discussion involving many stakeholders and interests. That 
plan was delivered to Congress in January of 2001 but has yet to be 
fully funded. Even so, it has been providing some significant benefits 
to the Mississippi River Basin and the country.
  As the action plan states ``the work of the Task Force has provided a 
basin-wide context for the continued pursuit of both incentive-based, 
voluntary efforts for non-point sources and existing regulatory 
controls for point sources.''
  The task force made it clear in the action plan that efforts to 
reduce hypoxia in the Gulf involve cleaning up waters upstream and 
throughout the Mississippi River Basin, and that the benefits, 
economic, as well as environmental, can be achieved across the entire 
basin as well. Their work is providing us with a way to unify the 
Mississippi River Basin in terms of our common interests and resources, 
primary of which is the Mississippi River, probably the most important 
piece of infrastructure in the country.
  In Louisiana, we value all of the resources of that vast system, not 
only our productive coastal fisheries which are endangered by hypoxia, 
but the corn, grain, and other food sources that are shipped out 
through our port system.
  Solving the problem of the ``Dead Zone'' will require an 
unprecedented degree of cooperation among many States, agencies, and 
stakeholders. The task force is continuing to provide us with a forum 
and a means for expanding that cooperation.
  One of the prime research facilities on the hypoxia problem is taking 
place at the Louisiana University Marine Consortium, LUMON, in 
Cocodrie, LA. LUMCON has been studying the hypoxia problem in the Gulf 
of Mexico since 1985 under grants from the National Oceanic and 
Atmospheric Administration's Coastal Ocean Program.
  The combined efforts of the task force has become even more apparent 
over the past year, as the ``Dead Zone'' reached a new record size in 
the summer of 2002, exceeding 8,000 square miles and extending from the 
mouth of the Mississippi River well into the coastal waters of Texas.
  I believe that the Harmful Algal Bloom and Hypoxia Amendments Act of 
2003 that Senator Snowe and I are introducing today will provide much 
needed funding and direction to continue the effort to mitigate and 
eventually eliminate the hypoxic problem in the Gulf of Mexico and 
harmful algal blooms in our Nation's waters.

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