[Congressional Record Volume 150, Number 92 (Wednesday, July 7, 2004)]
[House]
[Pages H5215-H5218]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AMENDMENTS ACT OF 2004

  Mr. EHLERS. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1856) to reauthorize the Harmful Algal Bloom and Hypoxia 
Research and Control Act of 1998, and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 1856

       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 Research Amendments Act of 2004''.

     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 note) is amended by 
     striking subsection (e).

     SEC. 3. SCIENTIFIC ASSESSMENTS AND RESEARCH, DEMONSTRATION, 
                   AND TECHNOLOGY TRANSFER PLANS.

       Such section 603 is further amended--
       (1) in subsection (a) by adding at the end the following:

     ``In developing the assessments and plans described in 
     subsections (b), (c), (d), (e), and (f), the Task Force shall 
     work with appropriate State, Indian tribe, and local 
     governments to ensure that the assessments and plans fulfill 
     the requirements of subsections (b)(2), (c)(2), (d)(2), 
     (e)(2), and (f)(2). Additionally, the Task Force shall 
     consult with appropriate industry (including agriculture and 
     fertilizer industry), academic institutions, and non-
     governmental organizations throughout the development of the 
     assessments and plans.''; and
       (2) by striking subsections (b) and (c) and inserting the 
     following:
       ``(b) Scientific Assessments of Harmful Algal Blooms.--(1) 
     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. The 
     first such assessment shall be completed not later than 24 
     months after the date of enactment of the Harmful Algal Bloom 
     and Hypoxia Research Amendments Act of 2004 and should 
     consider only marine harmful algal blooms. All subsequent 
     assessments shall examine both marine and freshwater harmful 
     algal blooms, including those in the Great Lakes and upper 
     reaches of estuaries.
       ``(2) The assessments under this subsection shall--
       ``(A) examine the causes and ecological consequences, and 
     economic costs, of harmful algal blooms;
       ``(B) describe the potential ecological and economic costs 
     and benefits of possible actions for preventing, controlling, 
     and mitigating harmful algal blooms;
       ``(C) evaluate progress made by, and the needs of, Federal 
     research programs on the causes, characteristics, and impacts 
     of harmful algal blooms; and
       ``(D) identify ways to improve coordination and to prevent 
     unnecessary duplication of effort among Federal agencies and 
     departments with respect to research on harmful algal blooms.
       ``(c) Scientific Assessment of Freshwater Harmful Algal 
     Blooms.--(1) Not later than 24 months after the date of 
     enactment of the Harmful Algal Bloom and Hypoxia Research 
     Amendments Act of 2004 the Task Force shall complete and 
     submit to Congress a scientific assessment of current 
     knowledge about harmful algal blooms in freshwater locations 
     such as the Great Lakes and upper reaches of estuaries, 
     including a research plan for coordinating Federal efforts to 
     better understand freshwater harmful algal blooms.
       ``(2) The freshwater harmful algal bloom scientific 
     assessment shall--

[[Page H5216]]

       ``(A) examine the causes and ecological consequences, and 
     the economic costs, of harmful algal blooms with significant 
     effects on freshwater locations, including estimations of the 
     frequency and occurrence of significant events;
       ``(B) establish priorities and guidelines for a 
     competitive, peer-reviewed, merit-based interagency research 
     program, as part of the Ecology and Oceanography of Harmful 
     Algal Blooms (ECOHAB) project, to better understand the 
     causes, characteristics, and impacts of harmful algal blooms 
     in freshwater locations; and
       ``(C) identify ways to improve coordination and to prevent 
     unnecessary duplication of effort among Federal agencies and 
     departments with respect to research on harmful algal blooms 
     in freshwater locations.
       ``(d) National Scientific Research, Development, 
     Demonstration, and Technology Transfer Plan Into Reducing 
     Impacts From Harmful Algal Blooms.--(1) Not later than 12 
     months after the date of enactment of the Harmful Algal Bloom 
     and Hypoxia Research Amendments Act of 2004, the Task Force 
     shall develop and submit to Congress a plan providing for a 
     comprehensive and coordinated national research program to 
     develop and demonstrate prevention, control, and mitigation 
     methods to reduce the impacts of harmful algal blooms on 
     coastal ecosystems (including the Great Lakes), public 
     health, and the economy.
       ``(2) The plan shall--
       ``(A) establish priorities and guidelines for a 
     competitive, peer-reviewed, merit-based interagency research, 
     development, demonstration, and technology transfer program 
     on methods for the prevention, control, and mitigation of 
     harmful algal blooms;
       ``(B) identify ways to improve coordination and to prevent 
     unnecessary duplication of effort among Federal agencies and 
     departments with respect to the actions described in 
     paragraph (1); and
       ``(C) include to the maximum extent practicable diverse 
     institutions, including Historically Black Colleges and 
     Universities and those serving large proportions of 
     Hispanics, Native Americans, Asian-Pacific Americans, and 
     other underrepresented populations.
       ``(3) The Secretary of Commerce, in conjunction with other 
     appropriate Federal agencies, shall establish a research, 
     development, demonstration, and technology transfer program 
     that meets the priorities and guidelines established under 
     paragraph (2)(A). The Secretary shall ensure, through 
     consultation with Sea Grant Programs, that the results and 
     findings of the program are communicated to State, Indian 
     tribe, and local governments, and to the general public.
       ``(e) Scientific Assessments of Hypoxia.--(1) Not less than 
     once every 5 years the Task Force shall complete and submit 
     to Congress a scientific assessment of hypoxia in United 
     States coastal waters including the Great Lakes. The first 
     such assessment shall be completed not less than 12 months 
     after the date of enactment of the Harmful Algal Bloom and 
     Hypoxia Research Amendments Act of 2004.
       ``(2) The assessments under this subsection shall--
       ``(A) examine the causes and ecological consequences, and 
     the economic costs, of hypoxia;
       ``(B) describe the potential ecological and economic costs 
     and benefits of possible actions for preventing, controlling, 
     and mitigating hypoxia;
       ``(C) evaluate progress made by, and the needs of, Federal 
     research programs on the causes, characteristics, and impacts 
     of hypoxia, including recommendations of how to eliminate 
     significant gaps in hypoxia modeling and monitoring data; and
       ``(D) identify ways to improve coordination and to prevent 
     unnecessary duplication of effort among Federal agencies and 
     departments with respect to research on hypoxia.
       ``(f) Local and Regional Scientific Assessments.--(1) The 
     Secretary of Commerce, in coordination with the Task Force 
     and appropriate State, Indian tribe, and local governments, 
     shall provide for local and regional scientific assessments 
     of hypoxia or harmful algal blooms, as requested by State, 
     Indian tribe, or local governments, or for affected areas as 
     identified by the Secretary. If the Secretary receives 
     multiple requests, the Secretary shall ensure, to the extent 
     practicable, that assessments under this subsection cover 
     geographically and ecologically diverse locations with 
     significant ecological and economic impacts from hypoxia or 
     harmful algal blooms. The Secretary shall establish a 
     procedure for reviewing requests for local and regional 
     assessments. The Secretary shall ensure, through consultation 
     with Sea Grant Programs, that the findings of the assessments 
     are communicated to the appropriate State, Indian tribe, and 
     local governments, and to the general public.
       ``(2) The scientific assessments under this subsection 
     shall examine--
       ``(A) the causes and ecological consequences, and the 
     economic costs, of hypoxia or harmful algal blooms in that 
     area;
       ``(B) potential methods to prevent, control, and mitigate 
     hypoxia or harmful algal blooms in that area and the 
     potential ecological and economic costs and benefits of such 
     methods; and
       ``(C) other topics the Task Force considers appropriate.''.

     SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

       Section 605 of such Act is amended to read as follows:

     ``SEC. 605. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to the Secretary 
     of Commerce for research, education, monitoring, 
     demonstration, and technology transfer activities related to 
     the prevention, reduction, and control of harmful algal 
     blooms and hypoxia, $19,000,000 for each of fiscal years 
     2005, 2006, and 2007, to remain available until expended. The 
     Secretary shall consult with the States on a regular basis 
     regarding the development and implementation of the 
     activities authorized under this title. Of such amounts for 
     each fiscal year--
       ``(1) $1,500,000 for each of fiscal years 2005, 2006, and 
     2007 shall be used to enable the National Oceanic and 
     Atmospheric Administration to carry out research and 
     assessment activities, including procurement of necessary 
     research equipment, at research laboratories of the National 
     Ocean Service and the National Marine Fisheries Service;
       ``(2) $3,000,000 for each of fiscal years 2005, 2006, and 
     2007 shall be used to carry out the Ecology and Oceanography 
     of Harmful Algal Blooms (ECOHAB) project, with $1,000,000 of 
     such amount used to carry out research on freshwater harmful 
     algal blooms;
       ``(3) $4,000,000 for each of fiscal years 2005, 2006, and 
     2007 shall be used to carry out the research program 
     described in section 603(d)(3);
       ``(4) $7,000,000 for each of fiscal years 2005, 2006, and 
     2007 shall be used to carry out the Monitoring and Event 
     Response for Harmful Algal Blooms (MERHAB) project;
       ``(5) $2,000,000 for each of fiscal years 2005, 2006, and 
     2007 shall be used for activities related to research and 
     monitoring on hypoxia; and
       ``(6) $1,500,000 for each of fiscal years 2005, 2006, and 
     2007 shall be used to carry out the activities described in 
     section 603(f).
     Amounts authorized under paragraphs (2), (3), (4), and (5) 
     shall only be used to support competitive, peer-reviewed 
     research programs. ''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Michigan (Mr. Ehlers) and the gentleman from Washington (Mr. Baird) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Michigan (Mr. Ehlers).


                             General Leave

  Mr. EHLERS. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and include extraneous material on H.R. 1856, as amended, the bill now 
under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Michigan?
  There was no objection.
  Mr. EHLERS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, it is timely that we are considering this bill about 
harmful algal blooms and hypoxia. Just last week, beaches in the 
Chesapeake Bay were closed due to a harmful algal bloom.
  I introduced H.R. 1856 more than a year ago after learning about the 
nationwide problems caused by harmful algal blooms, also known as HABs, 
and also, the harmful effects from hypoxia. Harmful algal blooms are 
dense mats of toxic algae that can harm marine animals and humans. 
Hypoxia occurs when an algal bloom depletes oxygen in the water and 
leaves behind conditions that essentially choke all of the marine life 
in the affected area.
  Harmful algal blooms and hypoxia occur nationwide in areas including 
the Chesapeake Bay, California, the Pacific Northwest, the Great Lakes, 
and the Gulf of Mexico. In 1998, Congress passed a 3-year bill 
authorizing harmful algal bloom and hypoxia research programs with a 
focus on the dead zone in the Gulf of Mexico and Pfiesteria in the 
Chesapeake Bay. Since the authorization of these important research 
programs expired, I decided to reexamine the issue at a hearing in the 
Committee on Science last year.
  At that hearing we learned that successful research supported by the 
1998 authorization enabled scientists to move closer to being able to 
predict HAB outbreaks; and in some regions, they have learned enough 
about the phenomena to start developing mitigation and control methods. 
We also learned that the occurrence of harmful algal blooms and hypoxia 
is increasing in fresh-water locations such as the Great Lakes, and 
there is sometimes a disconnect between the research being performed 
and the local resource managers who should benefit from the science. In 
response, I developed H.R. 1856 to amend and update the 1998 act. 
Today, I offer a manager's amendment that reflects discussions with the 
Committee on Resources and the Committee on Transportation and 
Infrastructure who are also interested in this bill. I especially want 
to thank the

[[Page H5217]]

gentleman from Tennessee (Mr. Duncan) from the Committee on 
Transportation and Infrastructure, the chair of the Subcommittee on 
Water Resources, as well as the gentleman from Maryland (Mr. Gilchrest) 
from the Committee on Resources, chair of the Fisheries Subcommittee, 
for their help in guiding this bill through the process. Also I thank 
my colleagues on the Committee on Science, including the gentleman from 
New York (Chairman Boehlert) and my friend, the gentleman from 
Washington (Mr. Baird), who have provided useful input. I appreciate 
all of their help in improving the bill.
  The manager's amendment maintains the current level of authorization 
for harmful algal blooms and hypoxia programs at the National Oceanic 
and Atmospheric Administration, better known as NOAA, and maintains 
that current level of authorization at $19 million annually over the 
next 3 fiscal years. It adds fresh-water regions such as the Great 
Lakes as an important focus area for harmful algal bloom and hypoxia 
research.
  The bill also increases participation of local resource managers to 
ensure that the research is prioritized to address the questions facing 
people managing these problems. Also, the bill requires that NOAA 
administer all research funding through a competitive, merit-based, 
peer-reviewed process.
  Finally, the bill reauthorizes funding for effective programs that 
evolved out of the 1998 act. For example, the MERHAB program, which 
stands for Monitoring and Event Response For Harmful Algal Blooms, 
partners State and local research managers with university researchers. 
Research from this program has resulted in innovations such as rapid 
test kits that beach managers can use directly in the field to test for 
harmful algal blooms. These kits eliminated the need to take samples 
back to a lab and wait days for confirmation of the presence of toxins, 
providing an early warning for the public about harmful algal blooms.
  H.R. 1856 does not mandate any specific regulatory actions. It is 
purely a research, development, and demonstration bill, with a goal of 
improving our understanding of these phenomena so that we can predict 
their occurrence and develop tools for improved detection and 
mitigation of these problems.
  Mr. Speaker, I urge my colleagues to support the manager's amendment 
and the underlying bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BAIRD. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I am pleased to offer my support for H.R. 1856, the 
Harmful Algal Bloom and Hypoxia Research Amendments Act of 2004, 
authored by my colleague and friend, the gentleman from Michigan (Mr. 
Ehlers). I thank my colleague on the Committee on Science and my 
colleague on the Committee on Transportation and Infrastructure, the 
gentleman from Tennessee (Mr. Duncan), for working with me to develop 
language that will move the research results of this program from the 
laboratory and the field closer to their application. I would also like 
to thank the members of the Committee on Science for their support and 
help in this effort.
  Since the inception of this program in 1998, we have developed a 
better understanding and appreciation for the dimensions and complexity 
of harmful algal blooms and hypoxic zones. We have made progress in 
identifying harmful species and in providing timely information to 
fisheries and recreational managers to prevent human health problems. 
However, we have not been very successful in developing and 
implementing management strategies or technologies to reduce the 
frequency or the intensity of the blooms.
  Harmful algal blooms are not just an unpleasant nuisance. They are 
hazardous to human health, damaging to fish and wildlife, and they are 
economically devastating to the coastal communities that depend on 
coastal resources for their livelihoods. The razor clam fisheries, for 
example, along the coast of Washington have experienced three extended 
closures in the past 10 years. Each one of these represents the loss of 
over $10 million to coastal communities in my home State. I can tell my 
colleagues that local restaurants, hotels, and the tourism industry 
depend on the annual influx of clam diggers; and when the beaches are 
closed, they lose millions of dollars in important revenue and jobs.
  Also, Washington State's Hood Canal region of the Puget Sound has 
experienced harmful algal blooms that threaten to create an ecological 
dead zone. Due to the proliferation of harmful blooms, levels of 
dissolved oxygen in Hood Canal have declined during the past several 
years to such an extent that many fish, shellfish, and invertebrate 
species are threatened. Indeed, last fall, two dozen species of fish 
washed up on Hood Canal's beaches, unable to survive in the oxygen-
depleted waters. In an effort to protect Hood Canal's increasingly 
threatened ecosystem, the Washington Department of Fish and Wildlife 
has been forced to close much of the canal to fishing, costing rural 
Washington communities valuable jobs. Oxygen levels drop during the 
summer, and State officials expect significant losses as this summer 
continues.
  Our States need funding to implement plans to identify and eradicate 
the causes and to prevent such blooms. We must act now to clean our 
coastal waters and restore the ecological and economic health of our 
fisheries. I urge all of my colleagues to support H.R. 1856. And again, 
I commend the gentleman from Michigan (Chairman Ehlers) for his 
leadership on this issue.
  Mr. Speaker, we have no other speakers, and I yield back the balance 
of my time.
  Mr. EHLERS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I would like to say a few words for the Members who may 
not understand what harmful algal blooms are, and I also want to 
emphasize that this bill does not increase authorization or funding 
above the previous bill; it maintains the same level at $19 million per 
year, and we believe that will be sufficient to continue the project.
  Harmful algal blooms are sometimes referred to as a ``red tide.'' 
These are algae that for some reason proliferate very rapidly under 
certain conditions, and the net effect of that is that they consume so 
much oxygen and produce toxins that they basically create a dead zone. 
In the Gulf of Mexico, it is not unusual to have a dead zone equal in 
size to the State of New Jersey. Obviously, this is not only harmful to 
the Gulf of Mexico, but also harmful to the fishing industries who like 
to use that area because of the large number of fish that are killed by 
the lack of oxygen and the toxins.
  What is of special concern is that the harmful algal blooms now are 
appearing in fresh-water areas, particularly the Great Lakes, one of 
the greatest sources of fresh water not only in this Nation, but in the 
world.
  We want to head that off very early, and try to find out precisely 
what is happening in the Great Lakes that would allow these harmful 
algal blooms to develop there and create the same difficulties that we 
have observed in the Gulf of Mexico, as well as in the State of 
Washington in the bay area around Seattle and Puget Sound.
  Mr. Speaker, I think it is absolutely essential for us to address 
this. We reached the conclusion after our hearing that a great deal of 
good research has been done, that the emphasis now can switch from 
research, although not entirely; we must continue some research, but we 
also have to convert that into action now. The gentleman from 
Washington (Mr. Baird) in particular has a problem in the Puget Sound 
area that has to be addressed immediately. We hope that, as a result of 
this bill, we will see greater action through demonstration projects, 
and more than demonstration projects as time goes on, so that we can 
deal with this problem, actually solve it, and get rid of the harmful 
algal blooms and the hypoxia which occurs and which kills other 
organisms.
  So, Mr. Speaker, I am pleased that this bill has reached this point. 
I want to thank the gentleman from Washington. He is one of the most 
helpful committee members on the Committee on Science, but particularly 
on this bill because of his expertise and the situation they have in 
the State of Washington. He has been most helpful in our discussions; 
and I hope that, as a result of this action, we will be able to address 
the problems in the State of Washington as well as other areas of the 
Nation.

[[Page H5218]]

  Mr. Speaker, I want to also express my thanks to the gentleman from 
Tennessee (Mr. Duncan) and the gentleman from Maryland (Mr. Gilchrest) 
for their work on moving this bill through the Committee on 
Transportation and Infrastructure, as well as the Committee on 
Resources. Finally, I thank the gentleman from New York (Chairman 
Boehlert) for his hard work bringing this bill to the floor today.
  Mr. Speaker, H.R. 1856 will provide a timely update for these 
important programs that help our coastal communities deal with harmful 
algal blooms and hypoxia. I urge all of our colleagues to support H.R. 
1856.
  Mr. EMANUEL. Mr. Speaker, as someone concerned with the health of the 
Great Lakes, I rise in support of H.R. 1856, the Harmful Algal Bloom 
and Hypoxia Research Amendments Act.
  I would also like to thank my distinguished colleague from Michigan 
for offering this bill as well as for his leadership on this and other 
issues of importance to the Great Lakes.
  As has been noted, harmful algal blooms are dense patches of toxic 
algae, which can poison marine life.
  Harmful algal blooms can also become airborne and cause respiratory 
problems in humans.
  Worse still, when the toxic algae decays, it can cause hypoxia, or a 
condition where all the oxygen in the water surrounding the algal bloom 
is consumed, resulting in a ``dead zone'' where no living thing can 
survive.
  These algal blooms plague the Gulf of Mexico, the Chesapeake Bay and 
many of the Great Lakes, notably Lake Erie.
  In fact, a recent report estimates that more than half of the 
Nation's estuaries experience hypoxic conditions at some time each 
year.
  Economic impact of harmful algal blooms in United States average 
annually $50 million, but individual outbreaks can cause economic 
damage that far exceed the annual average.
  Total public health impacts due to shellfish poisoning from harmful 
algal blooms averaged $22 million between 1987-1992.
  H.R. 1856 will help us to better understand harmful algal blooms by 
increasing and updating research programs at NOAA.
  But, importantly, H.R. 1856 will begin new research into Great Lakes 
algal blooms, which present different challenges and concerns than 
their ocean relatives.
  Indeed, this bill will do a lot to help us better understand just one 
of the many problems facing the Great Lakes, and ultimately help us to 
begin to restore the health of one of our greatest national treasures.
  This bill is a good first step, and I hope it will renew this body's 
interest in providing resources to conserve our nation's lakes and 
oceans, including the Great Lakes.
  For this reason I support H.R. 1856, and urge my colleagues to do so 
as well.
  Mr. EHLERS. Mr. Speaker, I have no further requests for time, and I 
yield back the remainder of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Michigan (Mr. Ehlers) that the House suspend the rules 
and pass the bill, H.R. 1856, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________