[Congressional Record Volume 154, Number 106 (Wednesday, June 25, 2008)]
[Senate]
[Pages S6162-S6166]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. SNOWE (for herself, Mr. Nelson of Florida, Ms. Cantwell, 
        Mr. Kerry, Mr. Vitter, Mr. Levin, Mr. Voinovich, Mrs Boxer, Mr. 
        Cardin, and Ms. Mikulski):
  S. 3191. A bill to develop and promote a comprehensive plan for a 
national strategy to address harmful algal blooms and hypoxia through 
baseline research, forecasting and monitoring, and mitigation and 
control while helping communities detect, control, and mitigate coastal 
and Great Lakes harmful algal blooms and hypoxia events; 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 2008. This bill would enhance the 
research programs established in the Harmful Algal Blooms and Hypoxia 
Research and Control Act of 1998 and reauthorized in 2004, which have 
greatly enhanced our ability to predict outbreaks of harmful algal 
blooms and the extent of hypoxic zones. But knowing when outbreaks will 
occur is only half the battle. By funding additional research into 
mitigation and prevention of HABs and hypoxia, and by enabling 
communities to develop response strategies to more effectively reduce 
their effects on our coastal communities, this legislation would take 
the next critical steps to reducing the social and economic impacts of 
these potentially disastrous outbreaks.
  I am proud to continue my leadership on this important issue and I 
particularly want to thank my counterpart on this key piece of 
legislation, Senator Bill Nelson. My partnership with Senator Breaux on 
the first two harmful algal bloom bills proved extremely fruitful, and 
I am pleased that the Gulf of Mexico--whose coastal residents are 
severely impacted by both harmful algal blooms, also known as HABs, and 
hypoxia--will continue to be so well represented as this program moves 
into the future. I also want to thank the bill's additional co-
sponsors, Senators Cantwell, Kerry, Vitter, Voinovich, Boxer and Levin 
for their vital contributions. We all represent coastal States directly 
affected by harmful algal blooms and hypoxia, and we see first hand the 
ecological and economic damage caused by these events.
  In New England blooms of Alexandrium algae, more commonly known as 
``red tide'', can cause shellfish to accumulate toxins that when 
consumed by humans lead to paralytic shellfish poisoning (PSP), a 
potentially fatal neurological disorder. Therefore, when levels of 
Alexandrium reach dangerous levels, our fishery managers are forced to 
close shellfish beds that provide hundreds of jobs and add millions of 
dollars to our regional economy. Red tide outbreaks--which occur in 
various forms not just in the northeast, but along thousands of miles 
of U.S. coastline--have increased dramatically in the Gulf of Maine in 
the last 20 years, with major blooms occurring almost every year.
  In 2005, the most severe red tide since 1972 blanketed the New 
England coast from Martha's Vineyard to Downeast Maine, resulting in 
extensive commercial and recreational shellfish harvesting closures 
lasting several months at the peak of the seafood harvesting season. In 
a peer-reviewed study, economists found that the 2005 event caused over 
$2.4 million in lost landings of shellfish in the State of Maine alone, 
and more than $10 million throughout New England.
  In May of this year, scientists once more predicted an abundance of 
Alexandrium off the New England coast, marking the onset of yet another 
severe harmful algal bloom in the area. Just yesterday, Maine's 
Department of Marine Resources announced the closure of additional 
shellfish beds covering many areas from Cutler east to the Canadian 
border, and today the Food and Drug Administration asked the National 
Marine Fisheries Service to issue a closure of a section of Federal 
waters near George's Bank to the harvest of ocean quahogs and surf 
clams.
  Still, while this year's bloom has tracked the pattern of the 2005 
event, thanks to previous investments in HAB programs, localized 
testing has led to fewer closures. Unlike 2005 when nearly the entire 
coast of Massachusetts and much of Maine was declared off-limits to 
shell fishermen, in this year's bloom, some unaffected areas remain 
open despite being directly adjacent to contaminated beds. These 
detailed forecasting and testing measures will greatly reduce the 
economic impact such outbreaks impose on our coastal communities, and 
is directly attributable to the efforts authorized in previous HAB 
legislation.
  Mr. President, while we have made great strides in bloom prediction 
and monitoring, it is clear that these problems have not gone away, but 
rather increased in magnitude. Harmful algal blooms remain prevalent 
nationwide, and areas of hypoxia, also known as ``dead zones'', are now 
occurring with increasing frequency. Within a dead zone, oxygen levels 
plummet to the point at which they can no longer sustain life, driving 
out animals that can move, and killing those that cannot. The most 
infamous dead zone occurs annually in the Gulf of Mexico, off the 
shores of Louisiana. In 2007, researchers there predicted the biggest 
hypoxic zone ever recorded, covering more than 8,500 square miles. Dead 
zones are also occurring with increasing frequency in more areas than 
ever before, including off the coasts of Oregon and Texas.
  The amendments contained in this legislation would enhance the 
Nation's ability to predict, monitor, and ultimately control harmful 
algal blooms and hypoxia. Understanding when these blooms will occur is 
vital, but the time has come to take this program to the next level--to 
determine not just when an outbreak will occur, but how to reduce its 
intensity or prevent its occurrence all together. This bill would build 
on NOAA's successes in research and forecasting by creating a program 
to mitigate and control HAB outbreaks.
  This bill also recognizes the need to enhance coordination among 
State and local resource managers--those on the front lines who must 
make the decisions to close beaches or shellfish beds. Their decisions 
are critical to protecting human health, but can also impose 
significant economic impacts. The bill would mandate creation of 
Regional Research and Action Plans that would identify baseline 
research, possible State and local government actions to prepare for 
and mitigate the impacts of HABs, and establish outreach strategies to 
ensure the public is

[[Page S6163]]

informed of the dangers these events can present. A regional focus on 
these issues will ensure a more effective and efficient response to 
future events.
  Mr. President, if enacted, this critical reauthorization would 
greatly enhance our Nation's ability to predict, monitor, mitigate, and 
control outbreaks of HABs and hypoxia. Over half the U.S. population 
resides in coastal regions, and we must do all in our power to 
safeguard their health and the health of the marine environment. The 
existing Harmful Algal Bloom and Hypoxia Program has done a laudable 
job to date, and this authorization will allow them to expand their 
scope and provide greater benefits to the Nation as a whole. I thank my 
cosponsors again for their efforts in developing this vital 
legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3191

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Harmful 
     Algal Blooms and Hypoxia Amendments Act of 2008''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Harmful Algal Bloom and Hypoxia Research and 
              Control Act of 1998.
Sec. 3. Findings.
Sec. 4. Purpose.
Sec. 5. Interagency task force on harmful algal blooms and hypoxia.
Sec. 6. National harmful algal bloom and hypoxia program.
Sec. 7. Regional research and action plans.
Sec. 8. Reporting.
Sec. 9. Pilot program for freshwater harmful algal blooms and hypoxia.
Sec. 10. Interagency financing.
Sec. 11. Application with other laws.
Sec. 12. Definitions.
Sec. 13. Authorization of appropriations.

     SEC. 2. AMENDMENT OF HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH 
                   AND CONTROL ACT OF 1998.

       Except as otherwise expressly provided, whenever in this 
     title 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--
       (1) by striking paragraph (8) and inserting the following:
       ``(8) harmful algal blooms and hypoxia can be triggered and 
     exacerbated by increases in nutrient loading from point and 
     non-point sources, much of which originates in upland areas 
     and is delivered to marine and freshwater bodies via river 
     discharge, thereby requiring integrated and landscape-level 
     research and control strategies;'';
       (2) by striking ``and'' after the semicolon in paragraph 
     (11);
       (3) by striking ``hypoxia.'' in paragraph (12) and 
     inserting ``hypoxia;''; and
       (4) by adding at the end thereof the following:
       ``(13) harmful algal blooms and hypoxia affect many sectors 
     of the coastal economy, including tourism, public health, and 
     recreational and commercial fisheries; and according to a 
     recent report produced by NOAA, the United States seafood and 
     tourism industries suffer annual losses of $82 million due to 
     economic impacts of harmful algal blooms;
       ``(14) global climate change and its effect on oceans and 
     the Great Lakes may ultimately play a role in the increase or 
     decrease of harmful algal bloom and hypoxic events;
       ``(15) proliferations of harmful and nuisance algae can 
     occur in all United States waters, including coastal areas 
     and estuaries, the Great Lakes, and inland waterways, 
     crossing political boundaries and necessitating regional 
     coordination for research, monitoring, mitigation, response, 
     and prevention efforts; and
       ``(16) following passage of the Harmful Algal Bloom and 
     Hypoxia Research and Control Act of 1998, 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 provide data for forecast models, improve the monitoring 
     and prediction of these events, and provide essential 
     decision making tools for managers and stakeholders.''.

     SEC. 4. PURPOSE.

       The Act is amended by inserting after section 602 the 
     following:

     ``SEC. 602A. PURPOSES.

       ``The purposes of this Act are--
       ``(1) to provide for the development and coordination of a 
     comprehensive and integrated national program to address 
     harmful algal blooms, hypoxia, and nuisance algae through 
     baseline research, monitoring, prevention, mitigation, and 
     control;
       ``(2) to provide for the assessment and consideration of 
     regional and national ecosystem, socio-economic, and human 
     health impacts of harmful and nuisance algal blooms and 
     hypoxia, and integration of that assessment into marine and 
     freshwater resource decisions; and
       ``(3) to facilitate regional, State, and local efforts to 
     develop and implement appropriate harmful algal bloom and 
     hypoxia event response plans, strategies, and tools including 
     outreach programs and information dissemination 
     mechanisms.''.

     SEC. 5. INTERAGENCY TASK FORCE ON HARMFUL ALGAL BLOOMS AND 
                   HYPOXIA.

       (a) Federal Representatives.--Section 603(a) is amended--
       (1) by striking ``The Task Force shall consist of the 
     following representatives from--'' and inserting ``The Task 
     Force shall consist of representatives of the Office of the 
     Secretary from each of the following departments and of the 
     office of the head of each of the following Federal 
     agencies:'';
       (2) by striking ``the'' in paragraphs (1) through (11) and 
     inserting ``The'';
       (3) by striking the semicolon in paragraphs (1) through 
     (10) and inserting a period.
       (4) by striking ``Quality; and'' in paragraph (11) and 
     inserting ``Quality.''; and
       (5) by striking ``such other'' in paragraph (12) and 
     inserting ``Other''.
       (b) State Representatives.--Section 603 is amended--
       (1) by redesignating subsections (b) through (i) as 
     subsections (c) through (j), respectively;
       (2) by inserting after subsection (a) the following:
       ``(b) State Representatives.--The Secretary shall establish 
     criteria for determining appropriate States to serve on the 
     Task Force and establish and implement a nominations process 
     to select representatives from 2 appropriate States in 
     different regions, on a rotating basis, to serve 2-year terms 
     on the Task Force.'';
       (3) in subsection (h), as redesignated--
       (A) by striking ``Not less than once every 5 years the'' in 
     paragraph (1) and inserting ``The'';
       (B) by striking ``The first such'' in paragraph (1) and 
     inserting ``The'';
       (C) by striking ``assessments'' in paragraph (2) and 
     inserting ``assessment''; and
       (4) in subsection (i), as redesignated--
       (A) by striking ``Not less than once every 5 years the'' in 
     paragraph (1) and inserting ``The'';
       (B) by striking ``The first such'' in paragraph (1) and 
     inserting ``The'';
       (C) by striking ``All subsequent assessments'' in paragraph 
     (1) and inserting ``The assessment''; and
       (D) by striking ``assessments'' in paragraph (2) and 
     inserting ``assessment''.

     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.--The President, acting through NOAA, 
     shall establish and maintain a national program for 
     integrating efforts to address harmful algal bloom and 
     hypoxia research, monitoring, prediction, control, 
     mitigation, prevention, and outreach.
       ``(b) Task Force Functions.--The Task Force shall be the 
     oversight body for the development and implementation of the 
     national harmful algal bloom and hypoxia program and 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) assess the Program's distribution of Federal grants 
     and funding to address research priorities;
       ``(4) support implementation of the actions and strategies 
     identified in the regional research and action plans under 
     subsection (d);
       ``(5) support the development of institutional mechanisms 
     and financial instruments to further the goals of the 
     program;
       ``(6) expedite the interagency review process and ensure 
     timely review and dispersal of required reports and 
     assessments under this Act; and
       ``(7) promote the development of new technologies for 
     predicting, monitoring, and mitigating harmful algal blooms 
     and hypoxia conditions.
       ``(c) Lead Federal Agency.--NOAA shall be the lead Federal 
     agency for implementing and administering the National 
     Harmful Algal Bloom and Hypoxia Program.
       ``(d) Responsibilities.--The Program shall--
       ``(1) promote a national strategy to help communities 
     understand, detect, predict, control, and mitigate freshwater 
     and marine harmful algal bloom and hypoxia events;
       ``(2) plan, coordinate, and implement the National Harmful 
     Algal Bloom and Hypoxia Program; and
       ``(3) report to the Task Force via the Administrator.
       ``(e) Duties.--
       ``(1) Administrative duties.--The Program shall--
       ``(A) prepare work and spending plans for implementing the 
     activities of the Program and developing and implementing the 
     Regional Research and Action Plans and coordinate the 
     preparation of related work and spending plans for the 
     activities of other participating Federal agencies;

[[Page S6164]]

       ``(B) administer merit-based, competitive grant funding to 
     support the projects maintained and established by the 
     Program, and to address the research and management needs and 
     priorities identified in the Regional Research and Action 
     Plans;
       ``(C) coordinate NOAA programs that address harmful algal 
     blooms and hypoxia and other ocean and Great Lakes science 
     and management programs and centers that address the 
     chemical, biological, and physical components of harmful 
     algal blooms and hypoxia;
       ``(D) coordinate and work cooperatively with other Federal, 
     State, and local government agencies and programs that 
     address harmful algal blooms and hypoxia;
       ``(E) coordinate with the State Department to support 
     international efforts on harmful algal bloom and hypoxia 
     information sharing, research, mitigation, and control.''.
       ``(F) coordinate an outreach, education, and training 
     program that integrates and augments existing programs to 
     improve public education about and awareness of the causes, 
     impacts, and mitigation efforts for harmful algal blooms and 
     hypoxia;
       ``(G) facilitate and provide resources for training of 
     State and local coastal and water resource managers in the 
     methods and technologies for monitoring, controlling, and 
     mitigating harmful algal blooms and hypoxia;
       ``(H) support regional efforts to control and mitigate 
     outbreaks through--
       ``(i) 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
       ``(ii) overseeing the development, review, and periodic 
     updating of Regional Research and Action Plans established 
     under section 603B;
       ``(I) convene an annual meeting of the Task Force; and
       ``(J) perform such other tasks as may be delegated by the 
     Task Force.
       ``(2) Program duties.--The Program shall--
       ``(A) maintain and enhance--
       ``(i) the Ecology and Oceanography of Harmful Algal Blooms 
     Program;
       ``(ii) the Monitoring and Event Response for Harmful Algal 
     Blooms Program;
       ``(iii) the Northern Gulf of Mexico Ecosystems and Hypoxia 
     Assessment Program; and
       ``(iv) the Coastal Hypoxia Research Program;
       ``(B) establish--
       ``(i) a Mitigation and Control of Harmful Algal Blooms 
     Program--

       ``(I) to develop and promote strategies for the prevention, 
     mitigation, and control of harmful algal blooms; and
       ``(II) to fund research that may facilitate the prevention, 
     mitigation, and control of harmful algal blooms; and
       ``(III) to develop and demonstrate technology that may 
     mitigate and control harmful algal blooms; and

       ``(ii) other programs as necessary; and
       ``(C) work cooperatively with other offices, centers, and 
     programs within NOAA and other agencies represented on the 
     Task Force, States, and nongovernmental organizations 
     concerned with marine and aquatic issues to manage data, 
     products, and infractructure, including--
       ``(i) compiling, managing, and archiving data from relevant 
     programs in Task Force member agencies;
       ``(ii) creating data portals for general education and data 
     dissemination on centralized, publicly available databases; 
     and
       ``(iii) establishing communication routes for data, 
     predictions, and management tools both to and from the 
     regions, states, and local communities.''.

     SEC. 7. REGIONAL RESEARCH AND ACTION PLANS.

       The Act, as amended by section 6, is amended by inserting 
     after section 603A the following:

     ``SEC. 603B. REGIONAL RESEARCH AND ACTION PLANS.

       ``(a) In General.--The Program shall--
       ``(1) oversee the development and implementation of 
     Regional Research and Action Plans; and
       ``(2) identify appropriate regions and sub-regions to be 
     addressed by each Regional Research and Action Plan.
       ``(b) Regional Panels of Experts.--As soon as practicable 
     after the date of enactment of the Harmful Algal Blooms and 
     Hypoxia Amendments Act of 2008, and every 5 years thereafter, 
     the Program shall convene a panel of experts for each region 
     identified under subsection (a)(2) from among--
       ``(1) State coastal management and planning officials;
       ``(2) water management and watershed officials from both 
     coastal states and noncoastal states with water sources that 
     drain into water bodies affected by harmful algal blooms and 
     hypoxia;
       ``(3) public health officials;
       ``(4) emergency management officials;
       ``(5) nongovernmental organizations concerned with marine 
     and aquatic issues;
       ``(6) science and technology development institutions;
       ``(7) economists;
       ``(8) industries and businesses affected by coastal and 
     freshwater harmful algal blooms and hypoxia;
       ``(9) scientists, with expertise concerning harmful algal 
     blooms or hypoxia, from academic or research institutions; 
     and
       ``(10) other stakeholders as appropriate.
       ``(c) Plan Development.--Each regional panel of experts 
     shall develop a Regional Research and Action Plan for its 
     respective region and submit it to the Program for approval 
     and to the Task Force. The Plan shall identify appropriate 
     elements for the region, including--
       ``(1) 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;
       ``(2) regional priorities for ecological and socio-economic 
     research on issues related to, and impacts of, harmful algal 
     blooms and hypoxia;
       ``(3) research needed to develop and advance technologies 
     for improving capabilities to predict, monitor, prevent, 
     control, and mitigate harmful algal blooms and hypoxia;
       ``(4) State and local government actions that may be 
     implemented--
       ``(A) to support long-term monitoring efforts and emergency 
     monitoring as needed;
       ``(B) to minimize the occurrence of harmful algal blooms 
     and hypoxia;
       ``(C) to reduce the duration and intensity of harmful algal 
     blooms and hypoxia in times of emergency;
       ``(D) to address human health dimensions of harmful algal 
     blooms and hypoxia; and
       ``(E) to identify and protect vulnerable ecosystems that 
     could be, or have been, affected by harmful algal blooms and 
     hypoxia;
       ``(5) mechanisms by which data and products are transferred 
     between the Program and State and local governments and 
     research entities;
       ``(6) communication, outreach and information dissemination 
     efforts that State and local governments and nongovernmental 
     organizations can undertake to educate and inform the public 
     concerning harmful algal blooms and hypoxia and alternative 
     coastal resource-utilization opportunities that are 
     available; and
       ``(7) pilot projects, if appropriate, that may be 
     implemented on local, State, and regional scales to address 
     the research priorities and response actions identified in 
     the Plan.
       ``(d) Plan Timelines; Updates.--The Program shall ensure 
     that--
       ``(1) not less than 50 percent of the Regional Research and 
     Action Plans developed under this section are completed and 
     approved by the Program within 12 months after the date of 
     enactment of the Harmful Algal Blooms and Hypoxia Amendments 
     Act of 2008;
       ``(2) the remaining Regional Research and Action Plans are 
     completed and approved by the Program within 24 months after 
     such date of enactment; and
       ``(3) each Regional Research and Action Plan is updated no 
     less frequently than once every 5 years.
       ``(e) Funding.--
       ``(1) In general.--Subject to available appropriations, the 
     Program 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.--Any 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 any organization receiving 
     funds under this subsection to utilize the mechanisms 
     described in subsection (c)(5) to ensure the transfer of data 
     and products developed under the Plan.
       ``(3) Eligible organization.--In this subsection, the term 
     `eligible organization' means--
       ``(A) a nongovernmental researcher or organization; or
       ``(B) any other entity that applies for funding to 
     implement the State, local, and non-governmental control, 
     mitigation, and prevention strategies identified in the 
     relevant Regional Research and Action Plan.
       ``(f) Emergency Reviews.--If the Program determines that an 
     intermediate review is necessary to address emergent needs in 
     harmful algal blooms and hypoxia under a Regional Research 
     and Action Plan, it shall notify the Task Force and reconvene 
     the relevant regional panel of experts for the purpose of 
     revising the Regional Research and Action Plan so as to 
     address the emergent threat or need.''.

     SEC. 8. REPORTING.

       Section 603, as amended by section 5, is amended by adding 
     at the end thereof the following:
       ``(k) Biannual Reports.--The Program shall prepare biannual 
     reports for the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committees on 
     Science and Technology and on Natural Resources that 
     describe--
       ``(1) activities, budgets, and progress on implementing the 
     national harmful algal bloom and hypoxia program;
       ``(2) the proceedings of the annual Task Force meeting; and
       ``(3) the status, activities, and funding for 
     implementation of the Regional Research

[[Page S6165]]

     and Action Plans, including a description of research funded 
     under the program and actions and outcomes of Plan response 
     strategies carried out by States.
       ``(l) Quinquennial Reports.--
       ``(1) Harmful Algal Bloom and Hypoxia Assessments.--Not 
     less than once every 5 years after the date of enactment of 
     the Harmful Algal Blooms and Hypoxia Amendments Act of 2008, 
     the Task Force shall prepare a report to the Senate Committee 
     on Commerce, Science, and Transportation and the House of 
     Representatives Committees on Science and Technology and on 
     Natural Resources that--
       ``(A) describes the state of knowledge on harmful algal 
     blooms and hypoxia in marine and freshwater systems, 
     including the causes and ecological consequences;
       ``(B) describes the social and economic impacts of harmful 
     algal blooms and hypoxia and strategies for their 
     minimization and mitigation;
       ``(C) describes the human health impacts of harmful algal 
     blooms and hypoxia, including any gaps in existing research;
       ``(D) describes progress on developing technologies and 
     advancing capabilities for monitoring, forecasting, modeling, 
     control, mitigation, and prevention of harmful algal blooms 
     and hypoxia and implementation of strategies for achieving 
     these goals;
       ``(E) describes progress on, and techniques for, 
     integrating landscape- and watershed-level water quality 
     information into marine and freshwater harmful algal bloom 
     and hypoxia prevention and mitigation strategies, including 
     projects at the Federal and regional levels;
       ``(F) 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;
       ``(G) includes recommendations for integrating and 
     improving future national, regional, State, and local 
     policies and strategies for preventing and mitigating the 
     occurrence and impacts of harmful algal blooms and hypoxia; 
     and
       ``(H) describes impacts of harmful algal blooms and hypoxia 
     on coastal communities and a review of those communities' 
     efforts and associated economic costs related to event 
     forecasting, planning, mitigation, response, and public 
     outreach and education.
       ``(2) Public Comment.--At least 90 days before submitting 
     the report to Congress, the Secretary shall publish the draft 
     report in the Federal Register for a comment period of not 
     less than 60 days.''.

     SEC. 9. PILOT PROGRAM FOR FRESHWATER HARMFUL ALGAL BLOOMS AND 
                   HYPOXIA.

       The Act, as amended by section 7, is amended by inserting 
     after section 603B the following:

     ``SEC. 603C. PILOT PROGRAM FOR FRESHWATER HARMFUL ALGAL 
                   BLOOMS AND HYPOXIA.

       ``(a) Pilot Program.--The Secretary shall establish a 
     collaborative pilot program with the Environmental Protection 
     Agency and other appropriate Federal agencies to examine 
     harmful algal blooms and hypoxia occurring in freshwater 
     systems. The pilot program shall--
       ``(1) be established in the Mississippi River Basin 
     watershed;
       ``(2) assess the issues associated with, and impacts of, 
     harful algal blooms and hypoxia in freshwater ecosystems;
       ``(3) research the efficacy of mitigation measures, 
     including measures to reduce nutrient loading; and
       ``(4) recommend potential management solutions.
       ``(b) Report.--The Secretary of Commerce, in consultation 
     with other participating Federal agencies, shall conduct an 
     assessment of the effectiveness of the pilot program in 
     improving freshwater habitat quality and publish a report, 
     available to the public, of the results of the assessment.''.

     SEC. 10. INTERAGENCY FINANCING.

       The Act is amended by inserting after section 604 the 
     following:

     ``SEC. 604A. INTERAGENCY FINANCING.

       ``The departments and agencies represented on the Task 
     Force are authorized to 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 Act, 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 same.''.

     SEC. 11. APPLICATION WITH OTHER LAWS.

       The Act is amended by inserting 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.''.

     SEC. 12. DEFINITIONS.

       (a) In General.--The Act is amended by inserting after 
     section 605 the following:

     ``SEC. 605A. DEFINITIONS.

       ``In this Act:
       ``(1) Administrator.--The term `Administrator' means the 
     Administrator of the NOAA.
       ``(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) NOAA.--The term `NOAA' means the National Oceanic and 
     Atmospheric Administration.
       ``(5) Program.--The term `Program' means the integrated 
     harmful algal bloom and hypoxia program established under 
     section 603B.
       ``(6) Regional Research and Action Plan.--The term 
     `Regional Research and Action Plan' means a plan established 
     under section 603B.
       ``(7) Secretary.--The term `Secretary' means the Secretary 
     of Commerce, acting through NOAA.''.
       ``(8) Task force.--The term `Task Force' means the 
     Interagency Task Force established by section 603(a).
       ``(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 ``Hypoxia (hereinafter referred to as the `Task 
     force').'' and inserting ``Hypoxia.''.

     SEC. 13. 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 
     to NOAA to implement the Program under this title--
       ``(1) $30,000,000 for each of fiscal years 2009 and 2010; 
     and
       ``(2) $70,000,000 for each of fiscal years 2011, 2012, and 
     2013.The Secretary shall ensure that a substantial portion of 
     funds appropriated pursuant to this subsection that are used 
     for research purposes are allocated to extramural research 
     activities.
       ``(b) Regional Research and Action Plans.--In addition to 
     any amounts appropriated pursuant to subsection (a), there 
     are authorized to be appropriated to NOAA to develop and 
     revise the Regional Research and Action Plans, $40,000,000 
     for each of fiscal years 2009 and 2010, such sums to remain 
     available until expended.
       ``(c) Pilot Program.--In addition to any amounts 
     appropriated pursuant to subsection (a), there are authorized 
     to be appropriated to NOAA such sums as may be necessary to 
     carry out the pilot program established under section 
     603C.''.

  Mr. NELSON of Florida. Mr. President, I rise today to introduce 
legislation that will address an ongoing problem that adversely affects 
local communities and coastal areas around my home State of Florida and 
across coastal States nationwide.
  Today, Senator Snowe and I, along with Senators Cantwell, Kerry, 
Vitter, Levin, Voinovich, Boxer, Cardin, and Mikulski, are introducing 
a bill that would reauthorize and enhance the Harmful Algal Bloom and 
Hypoxia Research and Control Act, HABHRCA, which was enacted in 1998 
and reauthorized 4 years ago. This act has enabled critical monitoring, 
forecasting, and research activities that have greatly improved our 
understanding and prediction of harmful algal blooms, nuisance blooms 
like red drift, and low-oxygen or hypoxia events that plague our 
estuaries and coastal waters.
  While the accomplishments made to date through HABHRCA are certainly 
valuable and to be commended, more work lies ahead. In Florida, harmful 
algal blooms, including red tides, and frequent red drift events 
continue to occur along our coasts.
  According to experts from Mote Marine Laboratory in Sarasota, most of 
Florida's red tides are caused by a microscopic algae called Karenia 
brevis, which creates blooms that can last for months and cover 
hundreds of square miles. What makes this organism so harmful are the 
toxins it produces. These toxins can kill fish, birds, and other marine 
animals. For humans, the toxins trigger respiratory problems, eye and 
skin irritation, and shellfish poisoning when the toxins accumulate in 
oysters and clams. When these blooms die, the decomposing algae strip 
oxygen from the water column. These hypoxic conditions deprive fish, 
manatees, and other animal species of the oxygen they need to survive.
  A particularly devastating and intense red tide struck the Florida 
gulf coast in the summer of 2005, causing widespread animal deaths and 
public health and economic problems. The St.

[[Page S6166]]

Petersburg/Clearwater Area Convention and Visitors Bureau estimated 
upwards of $240 million in losses for the Tampa region as a result of 
this bloom.
  Scientists have told us that red tides are a lot like hurricanes 
complex but natural phenomena that can have profound impacts on our 
environment and society. Although we may not be able to stop this 
natural process, we can do more to predict it and take actions to 
minimize its impacts on our citizens and natural resources.
  While red drift algae lack the toxins associated with red tide, they 
can nonetheless cause enormous problems along Florida's beaches. We 
have had numerous red drift events in Florida over the last few years. 
In March 2007, some witnesses described clumps of red drift algae the 
size of hay bales floating on the surface of the Gulf of Mexico, and 
washing onshore from Fort Myers to Anna Maria Island. Scientists have 
also been looking into whether nutrients from the decomposing algae may 
feed subsequent blooms, keeping local waters in a terrible cycle.
  Other algal blooms are impairing waterways and causing social and 
economic problems in my state. Earlier this month, a water treatment 
plant on the Caloosahatchee River in Lee County had to be closed 
temporarily due to a bloom of blue-green algae.
  It is clear that harmful algal blooms and hypoxia events can have 
devastating impacts on water and air quality, aquatic species, 
wildlife, and beach conditions, which in turn affect public health, 
commercial and recreational fishing, tourism, and related businesses in 
our coastal communities. The question becomes, what can we do to stop 
this? If we can't stop these events, how can we better plan for them 
and take steps to minimize the impacts?
  We have learned from scientists and researchers, many of whom were 
funded by HABHRCA-authorized programs, that some harmful algal blooms 
and red drift events can be triggered by excess nutrients from upland 
areas that wash into rivers and are delivered to the coast. Because 
this problem often crosses political and geographic boundaries, we must 
pursue solutions that are regional in nature and bring together 
expertise from all levels of government, from academia, and from other 
outside groups who have a stake in keeping our coastal waters healthy, 
clean, and productive.
  Senator Snowe and I have worked together to craft a bill that will 
not only continue critical research on harmful algal blooms and 
hypoxia, but help address some of these pressing needs that exist on 
every coast--from the Atlantic and Gulf of Mexico, to the Pacific and 
the Great Lakes. Our bill will help integrate and improve coordination 
among the government's programs that study and monitor these events. 
The bill would also improve how regional, state, and local needs are 
considered when prioritizing research grants and developing related 
products. Most importantly, this bill would focus new resources on 
translating research results into tools and products that state and 
local governments can use to help prevent, respond to, and mitigate the 
impacts of these events.
  Although we have made significant progress in identifying some of the 
causes and consequences of harmful algal blooms and hypoxia since 1998, 
much work remains to find solutions that minimize the occurrence of 
these events and that enable our coastal communities to become 
resilient to the impacts. This legislation to amend and reauthorize the 
Harmful Algal Blooms and Hypoxia Act represents an important step 
toward realizing those goals.
  In closing, I would like to recognize Senator Snowe for her 
leadership on this issue. As the sponsor of both the original 
legislation in 1998 and the 2004 amendments, her expertise on harmful 
algal blooms and the impacts of these events on her constituents has 
proved invaluable as we developed the measure before us today. I look 
forward to working with Senator Snowe, in her role as ranking member of 
the Oceans, Atmosphere, Fisheries, and Coast Guard Subcommittee of the 
Commerce, Science, and Transportation Committee, as well as with 
Chairman Cantwell and the other members of our subcommittee, to debate 
this important legislation.
                                 ______