[Congressional Record Volume 156, Number 33 (Tuesday, March 9, 2010)]
[House]
[Pages H1182-H1188]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HARMFUL ALGAL BLOOMS AND HYPOXIA RESEARCH AND CONTROL AMENDMENTS ACT OF
2010
Mr. BAIRD. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 3650) to establish a National Harmful Algal Bloom and
Hypoxia Program, to develop and coordinate a comprehensive and
integrated strategy to address harmful algal blooms and hypoxia, and to
provide for the development and implementation of comprehensive
regional action plans to reduce harmful algal blooms and hypoxia, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3650
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 Blooms and
Hypoxia Research and Control Amendments Act of 2010''.
SEC. 2. AMENDMENT OF HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH
AND CONTROL ACT OF 1998.
Except as otherwise expressly provided, whenever in this
Act 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. DEFINITIONS.
(a) Amendment.--The Act is amended by inserting after
section 602 the following:
``SEC. 602A. DEFINITIONS.
``In this title:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Environmental Protection Agency.
``(2) Program.--The term `Program' means the National
Harmful Algal Bloom and Hypoxia Program established under
section 603A.
``(3) State.--The term `State' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, the Commonwealth of the Northern Mariana
Islands, any other territory or possession of the United
States, and any Indian tribe.
``(4) Under secretary.--The term `Under Secretary' means
the Under Secretary of Commerce for Oceans and Atmosphere.''.
(b) Table of Contents Amendment.--The table of contents in
section 2 of the Coast Guard Authorization Act of 1998 is
amended by adding after the item relating to section 602 the
following new item:
``Sec. 602A. Definitions.''.
SEC. 4. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA PROGRAM.
(a) Amendment.--The Act is amended by inserting after
section 603 the following:
``SEC. 603A. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA
PROGRAM.
``(a) In General.--Except as provided in subsection (d),
the Under Secretary, through the Task Force established under
section 603(a), shall establish and maintain a National
Harmful Algal Bloom and Hypoxia Program pursuant to this
section.
``(b) Duties.--The Under Secretary, through the Program,
shall coordinate the efforts of the Task Force to--
``(1) develop and promote a national strategy to
understand, detect, predict, control, mitigate, and respond
to marine and freshwater harmful algal bloom and hypoxia
events;
``(2) integrate the research of all Federal programs,
including ocean and Great Lakes science and management
programs and centers, that address the chemical, biological,
and physical components of marine and freshwater harmful
algal blooms and hypoxia;
``(3) coordinate and work cooperatively with State, tribal,
and local government agencies and programs that address
marine and freshwater harmful algal blooms and hypoxia;
``(4) identify additional research, development, and
demonstration needs and priorities relating to monitoring,
prediction, prevention, control, mitigation, and response to
marine and freshwater harmful algal blooms and hypoxia;
``(5) encourage international information sharing and
research efforts on marine and freshwater harmful algal
blooms and hypoxia, and encourage international mitigation,
control, and response activities;
``(6) ensure the development and implementation of methods
and technologies to protect the ecosystems affected by marine
and freshwater harmful algal blooms;
[[Page H1183]]
``(7) integrate, coordinate, and augment existing education
programs to improve public understanding and awareness of the
causes, impacts, and mitigation efforts for marine and
freshwater harmful algal blooms and hypoxia;
``(8) assist in regional, State, tribal, and local efforts
to develop and implement appropriate marine and freshwater
harmful algal bloom and hypoxia response plans, strategies,
and tools;
``(9) provide resources for and assist in the training of
State, tribal, and local water and coastal resource managers
in the methods and technologies for monitoring, controlling,
mitigating, and responding to the effects of marine and
freshwater harmful algal blooms and hypoxia events;
``(10) oversee the development, implementation, review, and
periodic updating of the Regional Research and Action Plans
under section 603B; and
``(11) administer peer-reviewed, merit-based competitive
grant funding to support--
``(A) the projects maintained and established by the
Program; and
``(B) the research and management needs and priorities
identified in the Regional Research and Action Plans.
``(c) Cooperative Efforts.--The Under Secretary shall work
cooperatively and avoid duplication of efforts with other
offices, centers, and programs within the National Oceanic
and Atmospheric Administration and other agencies represented
on the Task Force established under section 603(a), States,
tribes, and nongovernmental organizations concerned with
marine and freshwater aquatic issues related to harmful algal
blooms and hypoxia.
``(d) Freshwater Program.--With respect to the freshwater
aspects of the Program, the Administrator and Under
Secretary, through the Task Force, shall carry out the duties
otherwise assigned to the Under Secretary under this section
and section 603B, including the activities described in
subsection (e). The Administrator's participation under this
subsection shall include--
``(1) research on the ecology of freshwater harmful algal
blooms;
``(2) monitoring and event response of freshwater harmful
algal blooms in lakes, rivers, estuaries (including their
tributaries), and reservoirs;
``(3) mitigation and control of freshwater harmful algal
blooms; and
``(4) an identification in the President's annual budget
request to Congress of how much funding is proposed in that
request for carrying out the activities described in
subsection (e).
``(e) National Oceanic and Atmospheric Administration
Activities.--As part of the program under this section, the
Under Secretary shall--
``(1) maintain and enhance existing competitive grant
programs at the National Oceanic and Atmospheric
Administration relating to marine and freshwater harmful
algal blooms and hypoxia;
``(2) carry out marine and freshwater harmful algal bloom
and hypoxia events response activities; and
``(3) enhance communication and coordination among Federal
agencies carrying out marine and freshwater harmful algal
bloom and hypoxia activities, and increase the availability
to appropriate public and private entities of--
``(A) analytical facilities and technologies;
``(B) operational forecasts; and
``(C) reference and research materials.
``(f) Integrated Coastal and Ocean Observation System.--All
monitoring and observation data collected under this Act
shall be collected in compliance with all data standards and
protocols developed pursuant to the National Integrated
Coastal and Ocean Observation System Act of 2009 (33 U.S.C.
3601 et seq.), and such data shall be made available through
the System established under that Act.
``(g) Action Strategy.--
``(1) In general.--Not later than 12 months after the date
of enactment of the Harmful Algal Blooms and Hypoxia Research
and Control Amendments Act of 2010, the Under Secretary,
through the Task Force established under section 603(a),
shall transmit to the Congress an action strategy that
identifies--
``(A) the specific activities to be carried out by the
Program and the timeline for carrying out such activities;
and
``(B) the roles and responsibilities of each Federal agency
in the Task Force established under section 603(a) in
carrying out Program activities.
``(2) Federal register.--The Under Secretary shall publish
the action strategy in the Federal Register.
``(3) Periodic revision.--The Under Secretary shall
periodically review and revise the action strategy prepared
under this subsection as necessary.
``(h) Report.--Two years after the submission of the action
strategy, the Under Secretary shall prepare and transmit to
the Congress a report that describes--
``(1) the activities carried out under the Program and the
Regional Research and Action Plans and the budget related to
these activities;
``(2) the progress made on implementing the action
strategy; and
``(3) the need to revise or terminate activities or
projects under the Program.''.
(b) Table of Contents Amendment.--The table of contents in
section 2 of the Coast Guard Authorization Act of 1998 is
amended by adding after the item relating to section 603 the
following new item:
``Sec. 603A. National Harmful Algal Bloom and Hypoxia Program.''.
SEC. 5. REGIONAL RESEARCH AND ACTION PLANS.
(a) Amendment.--The Act is amended by inserting after
section 603A the following:
``SEC. 603B. REGIONAL RESEARCH AND ACTION PLANS.
``(a) In General.--The Under Secretary, through the Task
Force established under section 603(a), shall--
``(1) identify the appropriate regions and subregions to be
addressed by each Regional Research and Action Plan; and
``(2) oversee the development and implementation of the
Regional Research and Action Plans.
``(b) Contents.--The Plans developed under this section
shall identify--
``(1) regional priorities for ecological, economic, and
social research on issues related to the impacts of harmful
algal blooms and hypoxia;
``(2) research, development, and demonstration activities
needed to develop and advance technologies and techniques for
minimizing the occurrence of harmful algal blooms and hypoxia
and improving capabilities to prevent, predict, monitor,
control, and mitigate harmful algal blooms and hypoxia;
``(3) ways to reduce the duration and intensity of harmful
algal blooms and hypoxia, including in times of emergency;
``(4) research and methods to address human health
dimensions of harmful algal blooms and hypoxia;
``(5) mechanisms, including the potential costs and
benefits of those mechanisms, to protect vulnerable
ecosystems that could be or have been affected by harmful
algal blooms and hypoxia events;
``(6) mechanisms by which data, information, and products
are transferred between the Program and State, tribal, and
local governments and relevant research entities;
``(7) communication, outreach, and information
dissemination methods that State, tribal, and local
governments and stakeholder organizations can undertake to
educate and inform the public concerning harmful algal blooms
and hypoxia; and
``(8) the roles that Federal agencies can play to assist in
the implementation of the Plan.
``(c) Building on Available Studies and Information.--In
developing the Plans under this section, the Under Secretary
shall--
``(1) utilize and build on existing research, assessments,
and reports, including those carried out pursuant to existing
law and other relevant sources; and
``(2) consider the impacts, research, and existing program
activities of all United States coastlines and fresh and
inland waters, including the Great Lakes, the Chesapeake Bay,
and estuaries and tributaries.
``(d) Development of Plans.--The Under Secretary shall
develop Plans under this section with assistance from the
individuals and entities described in subsection (f).
``(e) Plan Timeline and Updates.--The Under Secretary,
through the Task Force established under section 603(a),
shall ensure that the Plans developed under this section are
completed not later than 24 months after the date of
enactment of the Harmful Algal Blooms and Hypoxia Research
and Control Amendments Act of 2010, and updated once every 5
years thereafter.
``(f) Coordination and Consultation.--In developing the
Plans under this section, as appropriate, the Under
Secretary--
``(1) shall coordinate with State coastal management and
planning officials;
``(2) shall coordinate with tribal resource management
officials;
``(3) shall coordinate with 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; and
``(4) shall consult with--
``(A) public health officials;
``(B) emergency management officials;
``(C) science and technology development institutions;
``(D) economists;
``(E) industries and businesses affected by marine and
freshwater harmful algal blooms and hypoxia;
``(F) scientists, with expertise concerning harmful algal
blooms or hypoxia, from academic or research institutions;
and
``(G) other stakeholders.''.
(b) Table of Contents Amendment.--The table of contents in
section 2 of the Coast Guard Authorization Act of 1998 is
amended by adding after the item relating to section 603A, as
added by section 4(b) of this Act, the following new item:
``Sec. 603B. Regional research and action plans.''.
SEC. 6. NORTHERN GULF OF MEXICO HYPOXIA.
Section 604 is amended to read as follows:
``SEC. 604. NORTHERN GULF OF MEXICO HYPOXIA.
``(a) Task Force Initial Progress Reports.--Not later than
12 months after the date of enactment of the Harmful Algal
Blooms and Hypoxia Research and Control Amendments Act of
2010, the Administrator, through the Mississippi River/Gulf
of Mexico Watershed Nutrient Task Force, shall complete and
transmit to the Congress and the President a report on the
progress made by Task Force-directed activities toward
attainment of the goals of the Gulf Hypoxia Action Plan 2008.
[[Page H1184]]
``(b) Task Force 2-Year Progress Reports.--After the
initial report required under subsection (a), the
Administrator, through the Task Force, shall complete and
transmit to Congress and the President a report every 2 years
thereafter on the progress made by Task Force-directed
activities toward attainment of the coastal goal of the Gulf
Hypoxia Action Plan 2008.
``(c) Contents.--The reports required by this section 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 reports shall--
``(1) include an evaluation of how current policies and
programs affect management decisions, including those made by
municipalities and industrial and agricultural producers;
``(2) evaluate lessons learned; and
``(3) recommend appropriate actions to continue to
implement or, if necessary, revise the strategy set forth in
the Gulf Hypoxia Action Plan 2008.''.
SEC. 7. PACIFIC NORTHWEST, ESTUARIES, AND PUGET SOUND
HYPOXIA.
(a) Amendment.--The Act is amended by inserting after
section 604 the following:
``SEC. 604A. PACIFIC NORTHWEST, ESTUARIES, AND PUGET SOUND
HYPOXIA.
``(a) Assessment Report.--Not later than 12 months after
the date of enactment of the Harmful Algal Blooms and Hypoxia
Research and Control Amendments Act of 2010, the Task Force
established under section 603 shall complete and submit to
Congress and the President an integrated assessment of
hypoxia in the coastal and estuarine waters of the Pacific
Northwest that examines the status of current research,
monitoring, prevention, response, and control efforts.
``(b) Plan.--The Task Force shall include in the regionally
appropriate Regional Research and Action Plan developed under
section 603B a plan, based on the integrated assessment
submitted under subsection (a), for reducing, mitigating, and
controlling hypoxia in the coastal and estuarine waters of
the Pacific Northwest. In developing such plan, the Task
Force shall consult with State, Indian tribe, and local
governments, and academic, agricultural, industry, and
environmental groups and representatives. Such plan shall
include incentive-based partnership approaches. The plan
shall also address the social and economic costs and benefits
of the measures for reducing, mitigating, and controlling
hypoxia.''.
(b) Table of Contents Amendment.--The table of contents in
section 2 of the Coast Guard Authorization Act of 1998 is
amended by adding after the item relating to section 604 the
following new item:
``Sec. 604A. Pacific Northwest, estuaries, and Puget Sound hypoxia.''.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--Section 605 is amended to read as
follows:
``SEC. 605. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated--
``(1) to the Under Secretary to carry out sections 603A and
603B, $34,000,000 for each of fiscal years 2011 through 2015,
of which, for each fiscal year--
``(A) $2,000,000 may be used for the development of the
Regional Research and Action Plans and the reports required
by section 604A;
``(B) $3,000,000 may be used for the research and
assessment activities related to marine and freshwater
harmful algal blooms at research laboratories of the National
Oceanic and Atmospheric Administration;
``(C) $8,000,000 may be used to carry out the Ecology and
Oceanography of Harmful Algal Blooms Program (ECOHAB);
``(D) $5,500,000 may be used to carry out the Monitoring
and Event Response for Harmful Algal Blooms Program (MERHAB);
``(E) $1,500,000 may be used to carry out the Northern Gulf
of Mexico Ecosystems and Hypoxia Assessment Program (NGOMEX);
``(F) $5,000,000 may be used to carry out the Coastal
Hypoxia Research Program (CHRP);
``(G) $5,000,000 may be used to carry out the Prevention,
Control, and Mitigation of Harmful Algal Blooms Program
(PCM);
``(H) $1,000,000 may be used to carry out marine and
freshwater harmful algal bloom and hypoxia events response
activities; and
``(I) $3,000,000 may be used for increased availability,
communication, and coordination activities; and
``(2) to the Administrator to carry out sections 603A,
603B, and 604, $7,000,000 for each of fiscal years 2011
through 2015.''.
(b) Extramural Research Activities.--The Under 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Washington (Mr. Baird) and the gentleman from Texas (Mr. Hall) each
will control 20 minutes.
The Chair recognizes the gentleman from Washington.
General Leave
Mr. BAIRD. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and
include extraneous material on H.R. 3650, as amended, the bill now
under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Washington?
There was no objection.
Mr. BAIRD. Madam Speaker, I yield myself such time as I may consume.
I rise in support of H.R. 3650, the Harmful Algal Blooms and Hypoxia
Research and Control Act. This bill represents a timely and necessary
step to address a large and growing problem. The Harmful Algal Blooms
(HABs) and Hypoxia Research and Control Act was first signed into law
in 1998 and last reauthorized in 2004. And from the outset, I want to
commend my dear friend and colleague, Dr. Ehlers, for his tireless work
on this over many years.
I stand in support of these programs because this affects virtually
every coastal waterway in America as well as freshwater ecosystems. Let
me share with you an example of how serious this problem is.
In a small lake in my own district recently, a person was out with
their dog, playing fetch in the water. They threw their favorite tennis
ball in the water. The dog jumped into the water, retrieved the tennis
ball, swam back up on the shore, and promptly died.
Harmful algal blooms are what we know in the saltwater environment as
red tides. In freshwater, it's often blue-green algae. They are deadly
in both environments. Estimates suggest the cost may be $82 million a
year, the annual economic impact of HABs, according to a 2006 study.
This means billions of dollars over decades.
I mentioned already the tragic loss of this animal, but on a human
scale, red tides pose a serious neurotoxin that can actually affect
your ability to remember things over the long run. So we have a serious
problem. It is growing in the case of harmful algal blooms.
We have a parallel and related problem that the bill also addresses,
and these are so-called dead zones, or hypoxia, so known because they
are areas of lack of oxygen. These are expanding. Perhaps the most well
known is in the Gulf of Mexico, areas literally thousands of square
miles wide that if virtually any marine organism swims into them, they
die very shortly thereafter because they do not have sufficient oxygen
to survive. This has impacted not only the Gulf of Mexico, but also my
own coast and elsewhere in the country.
Now, within the freshwater system, I want to underscore a
particularly important point. From the Great Lakes to small creeks of
West Virginia and throughout the country, this is a problem. My friend
and colleague, Mr. Mollohan from West Virginia, has been particularly
interested in this. We need to understand that these harmful algal
blooms in freshwater are particularly toxic for the following reasons:
Most of the mechanisms that we currently use to purify water do not
work with harmful algal blooms. If you boil water to kill pathogens,
that normally purifies it. If you boil water that has harmful algal
blooms in it, you actually increase the toxin and increase its
lethality. If you filter water to get out protozoa and other things, as
many of us do when we are hiking or climbing, that can purify normal
water. It is totally ineffective and may be actually counterproductive
in harmful algal blooms because all you do is break up the bodies of
the algae, but the toxin survives. Chlorination does not work to stop
these things.
So we have a problem that is deadly to organisms ranging from fish to
shore birds and to human beings. And again, both harmful algal blooms
and hypoxic events are spreading.
I want to also mention that in my own district, which has a coastal
area that is very economically benefited by the clamming season, all
you need is one red tide to come in, shut down the clamming season, and
you literally lose millions of dollars of business. And for many of our
hotel owners and restaurateurs and others, that's the season. You lose
that because of a harmful algal bloom, you have basically lost your
economy for the year. So this bill would expand our ability to study
and ultimately to control these harmful algal blooms and hypoxic
events.
I appreciate the support of many colleagues.
I reserve the balance of my time.
Mr. HALL of Texas. I yield myself such time as I may consume.
Harmful algal blooms are those blooms that produce toxins that are
hazardous to plants and animals. The
[[Page H1185]]
most recognized harmful algal bloom is red tide, since it discolors the
water and makes seafood inedible. Such an event causes many States
severe economic harm through beach closures and restrictions on
seafood.
This bill fosters continued research into the causes of red tide,
explores ways to manage the blooms, and sets up mechanisms to
potentially predict when they may occur. These are all areas of
research that are beneficial to our economy and to human health, and I
commend the vice ranking member of our committee, Dr. Vern Ehlers, for
his commitment to address this important issue through his
cosponsorship of this legislation.
While I'm supportive of the goals of this measure, I do need to
convey some concerns that I and several of my Republican colleagues had
in committee. The bill addresses a problem that affects nearly every
State. However, we want to make sure that the original and the regional
research and action plans that are called for are not a top-down
mandate but a true collaboration between the Federal Government and the
States and local areas directly affected by these blooms. We want to
make sure we are not imposing undue burdens on States that they would
not voluntarily take on themselves.
=========================== NOTE ===========================
March 9, 2010 on H1185 the following appeared: make sure we are
not imposing undo
The online version should be corrected to read: make sure we are
not imposing undue
========================= END NOTE =========================
Although the onus is currently on the Federal Government, the
activities identified in these plans are ones that will most likely be
executed by State, tribal, and local governments. As written, the bill
does not contain any safeguards against unfunded mandates. During the
markup, we offered amendments that would address these concerns.
The first amendment would have prevented any increased financial
burden to State, tribal, or local governments as a result of anything
in the bill or the law it amends. Despite receiving bipartisan support,
the amendment was not accepted.
A second amendment would have required the development and
implementation of the plans initiated only at the request of the
States, not the Federal Government. Unfortunately, this amendment also
failed. State, tribal, and local governments are already shouldering
the burden of the effects of harmful algal blooms since these events
have a direct impact on local and regional economies. Furthermore, in
the current economic climate, these governments are struggling to
prioritize and fund the most basic of services. The assurance of the
added protection against unfunded mandates at this time should be
something all Members favor.
This legislation has gone through a number of changes since it passed
out of committee. Some changes were made by the majority after the bill
passed out of committee, and I hope that in the future, we can make
necessary changes while bills are still in committee so that all
Members can weigh in before bills go to the floor.
Finally, I have concerns about the authorization levels in the bill.
Given this era of fiscal constraint, we must be mindful of how we spend
taxpayers' dollars. This bill authorizes funding that is almost three
times the amount that has been appropriated in recent years. The
authorization levels are 50 percent higher than the last
reauthorization in 2004. The Federal Government did not spend more than
$15 million per year when the authorization level was at $26 million
per year, so it's hard for me to support raising the level to $41
million per year in 2011.
Harmful algal blooms and hypoxia are growing threats to our economy
and to our economic prosperity and impact coastal gulf and even inland
States. While I support the overarching goals of research into these
issues and the development of technologies and procedures to lessen
their harmful consequences, I remain concerned that this bill is too
expensive and does not protect against unfunded mandates.
I reserve the balance of my time.
Mr. BAIRD. Madam Speaker, at this point, I want to acknowledge that,
as is so often the case, H.R. 3650 was a collaborative effort, not just
with my minority colleagues on the Science and Technology Committee,
but also with the Natural Resources Committee and the Transportation
and Infrastructure Committee as well. I would like, here, to insert a
letter of exchanges with those committees into the Record, and I want
to also thank both Chairmen Rahall and Oberstar for their efforts on
this legislation.
House of Representatives,
Committee on Natural Resources,
Washington, DC, November 12, 2009.
Hon. Bart Gordon,
Chairman, Committee on Science and Technology, Rayburn
H.O.B., Washington, DC.
Dear Mr. Chairman: Thank you for the opportunity to work
with you on H.R. 3650, the Harmful Algal Blooms and Hypoxia
Research and Control Amendments Act of 2009, which was
referred to the Committee on Science and Technology, and in
addition to the Committee on Natural Resources.
Because of the continued cooperation and consideration that
you have afforded me and my staff in developing these
provisions, and knowing of your interest in expediting this
legislation, I am willing to waive further consideration of
H.R. 3650 by the Committee on Natural Resources at this time.
Of course, this waiver is not intended to prejudice any
future jurisdictional claims over the provisions of this
legislation or similar language. I also reserve the right to
seek to have conferees named from the Committee on Natural
Resources on these provisions, and request your support if
such a request is made.
Please place this letter into the committee report on H.R.
3650 and into the Congressional Record during consideration
of the measure on the House floor.
With warm regards, I am
Sincerely,
Nick J. Rahall II,
Chairman, Committee on Natural Resources
____
House of Representatives, Committee on Science and
Technology,
Washington, DC, November 12, 2009.
Hon. Nick J. Rahall, II,
Chairman, Committee on Natural Resources, House of
Representatives, Washington, DC.
Dear Chairman Rahall: Thank you for your letter regarding
H.R. 3650, the Harmful Algal Blooms and Hypoxia Research and
Control Amendments Act of 2009. Your support for this
legislation and your assistance in ensuring its timely
consideration are greatly appreciated.
I agree that provisions in the bill are of jurisdictional
interest to the Committee on Natural Resources. I acknowledge
that by discharging the Committee on Natural Resources from
further consideration of 3650, your Committee is not
relinquishing Its jurisdiction and I will fully support your
request to be represented in a House-Senate conference on
those provisions over which the Committee on Natural
Resources has jurisdiction. A copy of our letters will be
placed in the Committee Report on H.R. 3650 and in the
Congressional Record during consideration of the bill on the
House floor.
I value your cooperation and look forward to working with
you as we move ahead with this important legislation.
Sincerely,
Bart Gordon,
Chairman.
____
House of Representatives, Committee on Transportation and
Infrastructure,
Washington, DC, December 14, 2009.
Hon. Bart Gordon,
Chairman, Committee on Science and Technology, House of
Representatives, Washington, DC.
Dear Chairman Gordon: I write to you regarding H.R. 3650,
the ``Harmful Algal Blooms and Hypoxia Research and Control
Amendments Act of 2009''.
H.R. 3650 contains provisions that fall within the
jurisdiction of the Committee on Transportation and
Infrastructure. I recognize and appreciate your desire to
bring this legislation before the House in an expeditious
manner and, accordingly, I will not seek a sequential
referral of the bill. However, I agree to waive consideration
of this bill with the mutual understanding that my decision
to forgo a sequential referral of the bill does not waive,
reduce, or otherwise affect the jurisdiction of the Committee
on Transportation and Infrastructure over H.R. 3650.
Further, the Committee on Transportation and Infrastructure
reserves the right to seek the appointment of conferees
during any House-Senate conference convened on this
legislation on provisions of the bill that are within the
Committee's jurisdiction. I ask for your commitment to
support any request by the Committee on Transportation and
Infrastructure for the appointment of conferees on H.R. 3650
or similar legislation.
Please place a copy of this letter and your response
acknowledging the Committee on Transportation and
Infrastructure's jurisdictional interest in the Committee
Report on H.R. 3650 and in the Congressional Record during
consideration of the measure in the House.
I look forward to working with you as we prepare to pass
this important legislation.
Sincerely,
James L. Oberstar, M.C.,
Chairman.
[[Page H1186]]
____
House of Representatives, Committee on Science and
Technology,
Washington, DC, December 14, 2009.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Chairman Oberstar: Thank you for your letter regarding
H.R. 3650, the Harmful Algal Blooms and Hypoxia Research and
Control Amendments Act of 2009. Your support for this
legislation and your assistance in ensuring its timely
consideration are greatly appreciated.
I agree that provisions in the bill are of jurisdictional
interest to the Committee on Transportation and
Infrastructure. I acknowledge that by forgoing a sequential
referral, your Committee is not relinquishing its
jurisdiction and I will fully support your request to be
represented in a House-Senate conference on those provisions
over which the Committee on Transportation and Infrastructure
has jurisdiction in H.R. 3650. A copy of our letters will be
placed in the Committee Report on H.R. 3650 and in the
Congressional Record during consideration of the bill on the
House floor.
I value your cooperation and look forward to working with
you as we move ahead with this important legislation.
Sincerely,
Bart Gordon,
Chairman.
If I may, at this point, I would like to yield 3 minutes to the
gentleman from Maryland (Mr. Kratovil).
Mr. KRATOVIL. I thank the gentleman from Washington for yielding.
Madam Speaker, I rise in support of H.R. 3650 and urge my colleagues
to support it.
Maryland's First Congressional District, my district, is a district
defined by the water that surrounds it. Healthy water in our district
means commerce, recreation, and, most importantly, jobs.
A harmful algal bloom is a rapid overproduction of certain species of
algae that produce toxins which are detrimental to plants and animals.
These outbreaks are commonly referred to, as you have heard, as red or
brown tides and have the potential to kill fish and other aquatic life
by decreasing sunlight available to the water and by using up available
oxygen in the water.
In recent years, many of the Nation's coastlines, near-shore marine
waters and freshwaters have experienced an increase in the number,
frequency, duration, and types of HABs. If we continue to allow this
problem to persist, bodies of water like the Chesapeake Bay in my
district will see a detrimental decline in water quality which will
affect the thousands of species that call the bay home.
More importantly, perhaps, the thousands of men and women who rely on
the bay to pay their bills will be put out of work. Watermen,
commercial fishermen, charter boat captains, and any number of similar
professions have been part of the Eastern Shore culture for decades. If
gone unchecked, these professions will become less and less prominent,
and an entire segment of our local economy will be hurt.
H.R. 3650 is a good bill that takes important steps in the fight
against red tides and other harmful algae by creating a coordinated
national strategy to deal with HABs while at the same time allowing for
flexibility so that different regions can best address their unique
concerns.
I am also pleased, again, as was mentioned, that funding will
actually be directed to control and prevention of this problem in
addition to, simply, research. This will no doubt limit the severity
and frequency of this dangerous environmental concern.
Madam Speaker, I once again urge my colleagues to support this
measure.
Mr. HALL of Texas. I reserve the balance of my time.
Mr. BAIRD. I want to thank the gentleman from Maryland. He has been a
tireless champion of this. The watermen in his district and the others
who depend on this great natural resource owe him, I am certain, a
great debt of gratitude.
I yield such time as she may consume to the gentlelady from Florida
(Ms. Castor), who has also been a tireless champion of clean water and
of this issue.
Ms. CASTOR of Florida. Madam Speaker, I would like to thank Mr. Baird
from Washington for his leadership. He has been a real champion on
behalf of clean water and clean beaches. I would also like to express
my gratitude to the Science and Technology Committee for their terrific
work on what I call the ``red tide bill.''
This is a jobs bill because, let me tell you, coming from the great
State of Florida, the Sunshine State, we depend on folks from all
across the country coming to vacation in Florida, to swim and to fish.
There is nothing like a vacation in the warm waters of the Gulf of
Mexico. And I see my friend and colleague here who represents the
Florida Keys. There is nothing like a vacation there where you can
spend time unwinding on our beautiful beaches.
But there is a real threat to our tourism economy and jobs in the
State of Florida, like there is in other parts of the country, and it's
these very harmful algal blooms that cause red tide. In a State that
employs over 1 million Floridians and where tourism has a $65 billion
impact on our State's economy, when the red tide rolls in, it's a
serious threat, because what the red tide does is it causes you
difficulty breathing. It burns your eyes. Dead fish will roll up on the
beaches. It's really bad news.
The problem is we don't know what causes it, and that's why this bill
is so important. And it's tied to jobs because, if we can do a little
bit of research and determine what the causes are, we will be able to
protect our tourism economy and make sure that we have clean and
healthy beaches for folks who need that vacation.
{time} 1500
By some estimates, red tide outbreaks cost coastal communities $82
million a year. We have got to find out what is happening here. I also
want to recognize my colleague and good friend Congressman Connie Mack,
who represents some of the most beautiful beaches in the country down
in Naples and Sanibel Island. Two years ago we were able to authorize
$90 million for a 3-year period for peer-reviewed science research on
red tide.
But today's legislation builds on that bipartisan effort. And
Representative Baird's bill, which I cosponsored, creates a new
initiative on red tide, and will dedicate some monies to over 5 years
of finding a solution that will give our Federal and State agencies a
real leg up.
Like I said, red tide is a significant threat to jobs, our tourism
economy, our health, and our environment. So I am pleased to urge that
we all join together to protect our coastal resources and the tourism-
related jobs that come with having healthy beaches by learning more
about harmful algal blooms and adopting H.R. 3650.
Mr. HALL of Texas. Madam Speaker, I have no further requests for
time, and I yield back the balance of my time.
Mr. BAIRD. Madam Speaker, I want to commend Ms. Castor for her
comments, and join her in acknowledgement of the incredible leadership
of Connie Mack from Florida. We talk about the costs of this
legislation. Consider the costs to Florida's economy, to the Gulf
economy if a red tide comes in at the height of tourist season. You
can't swim in this; it's toxic. You can't fish in it, you can't collect
shellfish. The fishing industry out in the coast when a hypoxic zone
comes in, it kills hundreds of thousands of fish overnight. Shore birds
are affected. And on and on the list goes.
As Ms. Castor pointed out and as Mr. Mack has pointed out in our
discussions, making sure that we understand what causes this and
finding ways to remediate it and prevent it is not only in the
interests of human health, it is in the interests of our economy as
well.
I am particularly pleased also that the Puget Sound area, which is
near and dear to my heart and near to my home, has received
recognition. We have got a serious problem off the coast in terms of
red tide. But within the Puget Sound region, particularly Hood Canal,
there is a growing annual development of a dead zone. And these things
seem to be developing earlier, lasting longer, and growing in size.
This bill will help us understand why.
The bill has support from a broad group of stakeholders, including
Ocean Champions and the PURRE Water Coalition. And again, I am pleased
that it has been a bipartisan effort. Dr. Ehlers, as I mentioned
earlier, has been instrumental for many years on this. And of course
Connie Mack has been as well. I thank the gentlemen for their input.
Mr. Hall has offered some constructive suggestions. And of course as we
move this forward and work with the Senate, we will try to make sure
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we incorporate as many of those as we can. Finally, I would also like
to recognize the staff who worked so diligently on this bill: Shimere
Williams and Katrina Lassiter on the majority side, and Tara Rothschild
on the minority side.
Ongoing research, development, and implementation of an action
strategy are key components to addressing this environmental challenge,
and H.R. 3650 helps move us forward in each of these areas. I urge my
colleagues to support H.R. 3650.
One last thing I will say. Understanding the impact of harmful algal
blooms in freshwater is absolutely critical. If a major metropolitan
area develops a toxic algal bloom, as I mentioned earlier, it will be
extraordinarily difficult to remove the toxins from the waterway. It
has happened in some smaller communities. It is extremely costly, and
can present an urgent and immediate and hugely expensive health crisis.
We need to understand how to prevent this, and we need to understand
how to treat it. This legislation will help us do that both in the
saltwater and in the freshwater environment. I urge its passage, and
thank my colleagues.
Mr. MACK. Madam Speaker, I rise today to express my strong support
for H.R. 3650, the Harmful Algal Blooms and Hypoxia Research and
Control Amendments Act. I would like to thank Congressman Baird who
took the lead this Congress, along with Congresswoman Kathy Castor and
Congressman Allen Boyd, for their work on this important issue. Passing
this important piece of legislation is the first step in increasing
research for harmful algal blooms while ensuring that scientists and
experts in the field, and not politicians, determine where research
money is spent.
Last Congress, I introduced the Save Our Shores Act to increase our
commitment to researching harmful algal blooms. Since then, my
colleagues and I have worked together to tackle red tide and other
harmful algal blooms. The committee has crafted new language to improve
the legislation by including freshwater harmful algal blooms and
instituting regional action plans.
These are important efforts and it is time we recognize that although
harmful algal blooms affect our entire Nation, they are different
throughout the country. I represent the coastal areas of southwest
Florida. If you haven't been there, it's a beautiful part of the
country, with miles and miles of white sandy beaches. For southwest
Florida, like many communities, a healthy environment and a healthy
economy go hand-in-hand. As a kid growing up in Cape Coral red tide
blooms were short-lived nuisances that lasted just a few days. Today,
however, these blooms continue for months at a time, and they have
long-lasting implications that threaten the environment, people's
health, and our overall quality of life. It is imperative that we do
more to understand and combat this problem.
These blooms cause dangerous respiratory distress and burning eyes,
as well as the potential for severe food poisoning from contaminated
shellfish. Harmful algal blooms not only affect our personal health,
they also affect the health of our economy. Red tide and other toxic
blooms cost approximately $80 million annually to communities across
the United States of America. From New England to the Great Lakes, from
California to South Carolina, these toxic blooms affect us all.
Madam Speaker, by passing this legislation today, the House of
Representatives is giving this important issue the attention it
deserves. I salute Congressman Baird and all the other Members who
cosponsored this legislation for bringing this matter to the forefront
and making this research a priority. I urge all of my colleagues to
support this vital legislation.
Mr. OBERSTAR. Madam Speaker, I rise in support of H.R. 3650, the
``Harmful Algal Blooms and Hypoxia Research and Control Amendments Act
of 2010''.
This legislation, which is an amendment to the Harmful Algal Bloom
and Hypoxia Research and Control Act of 1998, provides additional focus
on Federal efforts to understand, detect, predict, control, mitigate,
and respond to both marine and freshwater harmful algal blooms and
hypoxia events.
I applaud the work of the principal sponsors of this legislation, my
colleagues on the Committee on Transportation and Infrastructure, the
gentleman from Washington, Mr. Baird, and the gentleman from Michigan,
Mr. Ehlers, and their bipartisan efforts to improve the overall
understanding and control of harmful algal blooms and hypoxic
conditions.
Over the past two Congresses, the Subcommittee on Water Resources and
Environment of the Committee on Transportation and Infrastructure has
held numerous hearings on the impact of excessive nutrients on water
quality--most notably in connection with nonpoint sources of pollution,
coastal water quality protection, under the BEACH Act, and in the Great
Lakes.
These hearings highlighted the strong scientific evidence that
excessive discharges of nitrogen and phosphorous can result in the
growth of harmful algal blooms and hypoxic, low-oxygen, conditions in
receiving waters. According to testimony from the Environmental
Protection Agency, EPA, the most significant sources of nutrients come
from agricultural runoff, as well as commercial or residential
fertilizers, animal waste, sewage treatment plants, and air deposition
from utilities and vehicles. As is evident from the ongoing ``dead-
zone'' in the Gulf of Mexico and the emergence of a similar ``dead-
zone'' in Lake Erie, additional efforts are warranted to reduce the
adverse impacts of excessive nutrients on national water quality.
EPA has statutory authority under the Federal Water Pollution Control
Act, more commonly known as the Clean Water Act, as well as other
Federal authorities, to implement programs designed to provide
protections for oceans, coastal waters, and freshwater lakes, rivers,
and streams.
Through the Clean Water Act's National Pollutant Discharge
Elimination System, NPDES, permitting program under section 402, the
establishment of water quality standards by individual States, and
other Clean Water Act authorities, both EPA and the States have
statutory tools available to target ongoing sources of nitrogen and
phosphorous and to minimize the potential for harmful algal bloom
outbreaks or the creation of hypoxic conditions in the Nation's waters.
Unfortunately, there has been mixed success in equally addressing both
point sources, e.g., publicly owned treatment works and urban
stormwater, and nonpoint sources, e.g., runoff from urban lawns,
construction sites, and agricultural areas.
I believe that more needs to be done to meet the goals of the Clean
Water Act ``to restore and protect the chemical, physical, and
biological integrity of the Nation's waters.'' We should not be
complacent with the fact that one-third of the Nation's assessed waters
still do not meet ``fishable and swimmable'' standards--as called for
almost 40 years ago in the 1972 Clean Water Act.
I believe that the authorities contained in H.R. 3650 can complement
ongoing efforts by the Environmental Protection Agency and other
Federal partners, including the National Oceanic and Atmospheric
Administration, NOAA, to address these remaining water quality
challenges. However, this legislation should not be interpreted as
allowing other Federal agencies to overtake or otherwise supplant
ongoing efforts by EPA, including efforts pursuant to the Clean Water
Act.
I thank the Chairman of the Committee on Science, the gentleman from
Tennessee, Mr. Gordon, and the Ranking Member of the Committee on
Science, the gentleman from Texas, Mr. Hall, for their commitment to
continue to work with the Committee on Transportation and
Infrastructure to enhance the implementation of the Federal harmful
algal bloom program.
As this legislation goes to conference with the Other Body, I will
continue to work with the chairman and ranking member to ensure that
this legislation complements, not supplants, ongoing efforts by EPA to
control harmful algal blooms and hypoxic conditions in the Nation's
waters.
Increased Federal attention and accountability to harmful algal bloom
and hypoxic condition control efforts is important. This legislation
provides an opportunity for increased coordination between various
Federal agencies, States, and other stakeholders, while building on the
strong foundation of Federal efforts to address harmful algal blooms
and hypoxic conditions to date.
I urge all of my colleagues to join me in supporting this
legislation.
Mrs. CAPPS. Madam Speaker, I rise today in support of H.R. 3650, the
Harmful Algal Blooms and Hypoxia Research and Control Amendments Act of
2009. As a cosponsor of this bill I strongly support the development of
a national strategy to address and respond to marine and freshwater
harmful algal bloom and hypoxia events.
Coastal regions across the country are reporting increases in the
occurrence of devastating harmful algal blooms. It is believed that
excess nutrients from upstream cause what are normally naturally
occurring algae in our coastal waters to rapidly increase in number
causing a bloom.
These increased levels of algae have devastating environmental,
economic, and human health impacts along our coastlines.
Harmful algal blooms produce powerful toxins that kill fish,
shellfish, mammals and birds. In 2007, a devastating harmful algal
bloom along the California coastline--from San Luis Obispo to Los
Angeles--resulted in hundreds of marine mammal and seabird deaths.
Toxins from harmful algae also accumulate in shellfish causing
commercial shellfish industries to close during blooms, which in turn
leads to significant economic losses to fishing
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families. Decreased tourism and recreation during a bloom event can
also result in the loss of millions of dollars to local coastal
economies. Even worse, if contaminated shellfish are consumed it could
result in paralysis or even death. Increased cases of respiratory
distress, especially among seniors and children, have been reported in
areas affected by these blooms.
Madam Speaker, I support the directive in H.R. 3650, which
establishes a Federal task force that would develop regional action
plans to address and respond to harmful algal bloom and hypoxia events
around the country. Currently, hypoxic areas, or dead zones, have been
recurring over large areas of the Pacific Northwest coastline for the
last several years.
H.R. 3650 is a critical first step for developing strategies to
mitigate the impacts of harmful algal blooms on regional coastal water
quality, marine mammals and harvestable shellfish.
I urge my colleagues to support H.R. 3650 to protect human health and
coastal economies.
Mr. MOLLOHAN. Madam Speaker, I am pleased to support H.R. 3650, the
Harmful Algal Blooms and Hypoxia Research and Control Amendments Act of
2009, which recognizes the growing problem of harmful algal blooms in
coastal and freshwater environments.
Unfortunately, I know all too well the need for this legislation. In
September of 2009, a fish kill occurred in Dunkard Creek, a 38-mile
creek on the border of West Virginia and Pennsylvania. According to
news reports, this massive fish kill eliminated more than 160 species
of fish, salamanders and endangered mussels from one of the most
biologically-diverse streams in either State. The West Virginia
Department of Environmental Protection determined that golden algae
caused the kill, but much remains unknown. How did the algae arrive in
West Virginia? What factors contributed to the bloom? How can blooms be
contained from moving throughout the watershed? More information is
needed to develop a thoughtful process to mitigate and control the
growth and spread of harmful algae.
Fortunately, the legislation under consideration today recognizes the
increasing number of freshwater algal blooms, and establishes a
partnership between NOAA and EPA to research, monitor and respond to
those freshwater blooms. Ultimately, this legislation will put West
Virginia in a better position to address existing blooms in the State
and prevent further spread of golden algae.
For West Virginia, this is an ecological and economic issue. Our
rivers, creeks and watersheds are recreation destinations, modes of
transportation, and are critical to local economies. I am pleased to
support this measure, and look forward to its enactment.
Mr. CONYERS. Madam Speaker, I rise in support of H.R. 3650, ``The
Harmful Algal Blooms and Hypoxia Research and Control Amendment Act of
2009.'' This bill requires the Under Secretary of Commerce for Oceans
and Atmosphere to utilize the resources of the Inter Agency Task Force
on Harmful Algal Blooms and Hypoxia Task Force to establish and
maintain a National Harmful Algal Bloom and Hypoxia Program. This
program will help to develop and promote a national strategy to address
and respond to one of the major problems facing our marine and
freshwater ecosystems: algae blooms.
The need to address the ongoing harmful blooms and hypoxic events
that increase daily, in our oceans, lakes, rivers and waterways, is
long overdue. I applaud the fact that this bill allows for closer
coordination between state and federal agencies through the use of
innovative demonstration projects. Similarly, I also support provisions
in this legislation that focus our efforts to educate our citizens
about the causes and harmful environmental effects of pollution and
algal blooms in our oceans, rivers, lakes, and waterways.
Water is our most critical natural resource and this legislation will
improve our Nation's ability to provide safe water to all. As we
continue to experience climate change, the threat posed by algal blooms
will be a continuing challenge. This legislation addresses this threat
in a measured, scientific manner and will improve our ability to
address this issue in the future. I encourage my colleagues to support
the bill.
Mr. BAIRD. I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Washington (Mr. Baird) that the House suspend the rules
and pass the bill, H.R. 3650, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. BAIRD. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
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