[Congressional Record Volume 155, Number 66 (Friday, May 1, 2009)]
[Senate]
[Pages S5014-S5019]
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. Levin, Mr. Vitter, Mr. Cardin, Ms. Landrieu, and Mrs. 
        Boxer):
  S. 952. A bill to develop and promote a compressive 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 
Blooms and Hypoxia Research and Control Amendments Act of 2009. 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 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, Cardin, Vitter, Landrieu, 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

[[Page S5015]]

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 
$4.9 million in lost landings of shellfish in the State of Maine alone, 
and more than $20 million throughout New England.
  Last year's outbreak of red tide tracked very closely the patter of 
the 2005 event in both location and severity, but unlike in 2005 when 
nearly the entire coasts of Maine and Massachusetts were closed, 
resource managers had improved testing capabilities in place that 
allowed many localized areas to remain open. Such procedures were a 
direct result of programs established by the Harmful Algal Blooms and 
Hypoxia Research and Control Acts of 1998 and 2004.

  Most recently, on April 22, 2009 researchers at Woods Hole 
Oceanographic Institution and North Carolina State University announced 
the potential for ``red tide'' in the Gulf of Maine this season is 
expected to be ``moderately large'', based on a regional seafloor 
survey of Alexandrium abundance. This survey revealed that levels of 
Alexandrium are currently higher than those observed just prior to the 
2005 red tide. Just a few days ago, officials from the Maine Department 
of Resources Marine Biotoxin Monitoring Program closed a large parcel 
of the Maine coast to the harvest of mussels, oysters, and carnivorous 
snails due to the presence of PSP. The current trend of increasing 
frequency and intensity of red tide events in new England waters is 
just one example of the need to further enhance our ability to provide 
detailed forecasting and testing measures. The quick response time 
these capabilities enable will greatly reduce the economic impact such 
outbreaks impose on our coastal communities.
  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 2008, researchers determined that this dead 
zone extended over 12,875 square miles, making it the second largest 
since measurements began in 1985. Dead zones are also occurring with 
increasing frequency in more areas than ever before, including off the 
coasts of Oregon, the Chesapeake Bay 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 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. And finally, this bill would, for 
the first time, create a pilot program to examine harmful algal blooms 
and hypoxia in fresh water systems.
  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 Senator Bill Nelson, and all 
of my cosponsors again for their efforts in developing this vital 
legislation.
  Mr. President, I ask unamimous 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 
placed in the Record, as follows:

                                 S. 952

       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 Research and Control Amendments Act 
     of 2009''.
       (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. Northern Gulf of Mexico Hypoxia.
Sec. 10 Pilot program for freshwater harmful algal blooms and hypoxia.
Sec. 11. Interagency financing.
Sec. 12. Application with other laws.
Sec. 13. Definitions.
Sec. 14. 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 to read as follows:

     ``SEC. 602. FINDINGS.

       The Congress finds the following:
       ``(1) Harmful algal blooms and hypoxia are increasing in 
     frequency and intensity in the Nation's coastal waters and 
     Great Lakes and pose a threat to the health of coastal and 
     Great Lakes ecosystems, are costly to coastal economies, and 
     threaten the safety of seafood and human health.
       ``(2) Excessive nutrients in coastal waters have been 
     linked to the increased intensity and frequency of hypoxia 
     and some harmful algal blooms and there is a need to identify 
     more workable and effective actions to reduce the negative 
     impacts of harmful algal blooms and hypoxia on coastal 
     waters.
       ``(3) The National Oceanic and Atmospheric Administration, 
     through its ongoing research, monitoring, observing, 
     education, grant, and coastal resource management programs 
     and in collaboration with the other Federal agencies, on the 
     Interagency Task Force, along with States, Indian tribes, and 
     local governments, possesses a full range of capabilities 
     necessary to support a near and long-term comprehensive 
     effort to prevent, reduce, and control the human and 
     environmental costs of harmful algal blooms and hypoxia.
       ``(4) 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.
       ``(5) 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.
       ``(6) 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.

[[Page S5016]]

       ``(7) 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.
       ``(8) 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 and hypoxia through baseline research, 
     monitoring, prevention, mitigation, and control;
       ``(2) to provide for the assessment of environmental, 
     socio-economic, and human health impacts of harmful algal 
     blooms and hypoxia on a regional and national scale, and to 
     integrate 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 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 striking subsections (b) through (i); and
       (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.''.

     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) review 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;
       ``(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 602C(b);
       ``(I) convene an annual meeting of the Task Force; and
       ``(J) perform such other tasks as may be delegated by the 
     Task Force.
       ``(2) NOAA Duties.--NOAA shall maintain and enhance--
       ``(A) the Ecology and Oceanography of Harmful Algal Blooms 
     Program;
       ``(B) the Monitoring and Event Response for Harmful Algal 
     Blooms Program;
       ``(C) the Northern Gulf of Mexico Ecosystems and Hypoxia 
     Assessment Program; and
       ``(D) the Coastal Hypoxia Research Program.
       ``(3) Program duties.--The Program shall--
       ``(A) 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
       ``(B) 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 infrastructure, 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 602A the following:

     ``SEC. 602B. 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.--
       ``(1) In general.--In accordance with the schedule set 
     forth in paragraph (2), the Program shall convene a panel of 
     experts for each region identified under subsection (a)(2) 
     from among--
       ``(A) State coastal management and planning officials;
       ``(B) 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;
       ``(C) public health officials;
       ``(D) emergency management officials;
       ``(E) nongovernmental organizations concerned with marine 
     and aquatic issues;
       ``(F) science and technology development institutions;

[[Page S5017]]

       ``(G) economists;
       ``(H) industries and businesses affected by coastal and 
     freshwater harmful algal blooms and hypoxia;
       ``(I) scientists, with expertise concerning harmful algal 
     blooms or hypoxia, from academic or research institutions; 
     and
       ``(J) other stakeholders as appropriate.
       ``(2) Schedule.--The Program shall--
       ``(A) convene panels in at least \1/3\ of the regions 
     within 9 months after the date of enactment of the Harmful 
     Algal Blooms and Hypoxia Research and Control Amendments Act 
     of 2009;
       ``(B) convene panels in at least \2/3\ of the regions 
     within 21 months after such date; and
       ``(C) convene panels in the remaining regions within 33 
     months after such date; and
       ``(D) reconvene each panel at least every 5 years after the 
     date on which it was initially convened.
       ``(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 Regional Research and Action Plans developed under this 
     section are--
       ``(1) completed and approved by the Program within 12 
     months after the date on which a regional panel is convened 
     or reconvened under subsection (b)(2); and
       ``(2) 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) Intermediate 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:
       ``(c) Biennial Reports.--Every 2 years the Program shall 
     prepare a report 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 meetings; 
     and
       ``(3) the status, activities, and funding for 
     implementation of the Regional Research and Action Plans, 
     including a description of research funded under the program 
     and actions and outcomes of Plan response strategies carried 
     out by States.
       ``(d) Quinquennial Reports.--Not less than once every 5 
     years after the date of enactment of the Harmful Algal Blooms 
     and Hypoxia Research and Control Amendments Act of 2009, the 
     Task Force shall complete and submit a report on harmful 
     algal blooms and hypoxia in marine and freshwater systems to 
     the Senate Committee on Commerce, Science, and Transportation 
     and the House of Representatives Committees on Science and 
     Technology and on Natural Resources. The report shall--
       ``(1) evaluate the state of scientific knowledge of harmful 
     algal blooms and hypoxia in marine and freshwater systems, 
     including their causes and ecological consequences;
       ``(2) evaluate the social and economic impacts of harmful 
     algal blooms and hypoxia, including their impacts on coastal 
     communities, and review those communities' efforts and 
     associated economic costs related to event forecasting, 
     planning, mitigation, response, and public outreach and 
     education;
       ``(3) examine and evaluate the human health impacts of 
     harmful algal blooms and hypoxia, including any gaps in 
     existing research;
       ``(4) describe advances in capabilities for monitoring, 
     forecasting, modeling, control, mitigation, and prevention of 
     harmful algal blooms and hypoxia, including techniques for, 
     integrating landscape- and watershed-level water quality 
     information into marine and freshwater harmful algal bloom 
     and hypoxia prevention and mitigation strategies at Federal 
     and regional levels;
       ``(5) evaluate progress made by, and the needs of, Federal, 
     regional, State, and local policies and strategies for 
     forecasting, planning, mitigating, preventing, and responding 
     to harmful algal blooms and hypoxia, including the economic 
     costs and benefits of such policies and strategies;
       ``(6) make recommendations for integrating, improving, and 
     funding future Federal, regional, State, and local policies 
     and strategies for preventing and mitigating the occurrence 
     and impacts of harmful algal blooms and hypoxia; and
       ``(7) describe communication, outreach, and education 
     efforts to raise public awareness of harmful algal blooms and 
     hypoxia, their impacts, and the methods for mitigation and 
     prevention.''.

     SEC. 9. NORTHERN GULF OF MEXICO HYPOXIA.

       Section 604 is amended to read as follows:

     ``SEC. 604. NORTHERN GULF OF MEXICO HYPOXIA.

       (a) Task force annual progress reports.--For each of the 
     years from 2009 through 2013, the Mississippi River/Gulf of 
     Mexico Watershed Nutrient Task Force shall complete and 
     submit to the Congress and the President an annual report on 
     the progress made by Task Force-directed activities toward 
     attainment of the Coastal Goal of the Gulf Hypoxia Action 
     Plan 2008.
       (b) Task force 5-year progress report.--In 2013, that Task 
     Force shall complete and submit to Congress and the President 
     a 5-Year report on the progress made by Task Force-directed 
     activities toward attainment of the Coastal Goal of the Gulf 
     Hypoxia Action Plan 2008. The report shall assess progress 
     made toward nutrient load reductions, the response of the 
     hypoxic zone and water quality throughout the Mississippi/
     Atchafalaya River Basin, and the economic and social effects. 
     The report shall include an evaluation of how current 
     policies and programs affect management decisions, including 
     those made by municipalities and industrial and agricultural 
     producers, evaluate lessons learned, and recommend 
     appropriate actions to continue to implement or, if 
     necessary, revise this strategy.

     SEC. 10. 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, including the Great Lakes. The pilot program shall--
       ``(1) assess the issues associated with, and impacts of, 
     harmful algal blooms and hypoxia in freshwater ecosystems;
       ``(2) research the efficacy of mitigation measures, 
     including measures to reduce nutrient loading; and
       ``(3) 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.''.

[[Page S5018]]

     SEC. 11. 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. 12. 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. 13. 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 603A.
       ``(6) Regional Research and Action Plan.--The term 
     `Regional Research and Action Plan' means a plan established 
     under section 602B.
       ``(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. 14. 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 $40,000,000 
     for each of fiscal years 2010 through 2014, of which up to 
     $10,000,000 shall be allocated each fiscal year to the 
     creation of Regional Research and Action Plans required by 
     section 602B.
       ``(b) Extramural Research Activities.--The Secretary shall 
     ensure that a substantial portion of funds appropriated 
     pursuant to subsection (a) that are used for research 
     purposes are allocated to extramural research activities.
       ``(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 and Great Lakes States.
  Today, Senator Snowe and I, along with Senators Boxer, Cantwell, 
Cardin, Landrieu, Levin and Vitter. introduced 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 5 
years ago. This act 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.
  We have made great strides through HABHRCA to address this problem, 
but there is more yet to do. Reports of harmful algal blooms in U.S. 
waters and around the world have drastically increased over the past 3 
decades.
  Harmful algae can produce potent toxins causing illness and death in 
humans, fish, seabirds, marine mammals like manatees and dolphins, and 
other oceanic life. Other harmful algae are non-toxic to humans, but 
can still cause damage to ecosystems, corals, fisheries resources, and 
recreational facilities. Harmful algae also have a significant economic 
impact. A 2006 study conservatively estimated that coastal harmful 
algal blooms cost more than $82 million per year on average in the 
U.S., with the majority of impacts in the public health and commercial 
fisheries sectors.
  Virtually every coastal state in the country is affected by harmful 
algal blooms. For instance, toxins from harmful algae found in razor 
clams along the Pacific Coast eventually shut down Washington's clam 
fishery in 2002. This event resulted in $10-12 million in lost revenue. 
In 2005, a red tide event in New England caused closures of shellfish 
harvesting to prevent paralytic shellfish poisoning in humans. These 
closures resulted in approximately $18 million in lost shellfish sales 
in Massachusetts and $4.9 million in Maine. In Hawaii, macroalgal 
blooms, which impact coral reefs and local aesthetics, result in more 
than $20 million in lost revenue every year due to reductions in real 
estate value, lost hotel business, and increased clean-up costs.
  A particularly devastating and intense red tide struck the Gulf Coast 
of my home State of Florida in the summer of 2005, causing widespread 
animal deaths as well as public health and economic problems. The St. 
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.
  In April 2008, researchers predicted a severe outbreak of New England 
Red Tide, Alexandrium fundyense, which produces potent neurotoxins that 
are filtered by shellfish. When humans consume contaminated shellfish 
they become extremely ill and can die without immediate medical 
treatment. This was the first time that researchers could issue a 
prediction of this kind several weeks in advance. The 2008 prediction 
was derived from a model based on 10 years of ecosystem research in the 
Gulf of Maine. The prediction was remarkably accurate, and it allowed 
State managers and the shellfish aquaculture industry to plan for a 
difficult season. By showing the news media and the public that the 
event was expected and that state managers were prepared, the 
prediction may have also reduced the ``halo'' effect in which shellfish 
harvesting closures in one area reduce shellfish and fish sales from 
areas unaffected by toxicity. This prediction was made possible from 
research funded under programs authorized by HABARCA.
  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 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 will 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

[[Page S5019]]

help to integrate and improve coordination among the government's 
programs that study and monitor these events. The bill also would 
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 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 the subcommittee, to debate 
this important legislation.
                                 ______