[Congressional Record Volume 168, Number 41 (Tuesday, March 8, 2022)]
[Senate]
[Pages S1066-S1067]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             SOUTH FLORIDA CLEAN COASTAL WATERS ACT OF 2021

  Mr. CASEY. Madam President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 203, S. 66.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 66) to require the Inter-Agency Task Force on 
     Harmful Algal Blooms and Hypoxia to develop a plan for 
     reducing, mitigating, and controlling harmful algal blooms 
     and hypoxia in South Florida, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. PORTMAN. Madam President, I am proud to be a champion of the 
Harmful Algal Bloom and Hypoxia Research and Control Act--or HABHRCA--
program. The program was first created in 1998 to help address harmful 
algal blooms in water bodies across the country. Congress recognized 
the devastating impact of harmful algal blooms, both ecologically and 
economically, and the importance of providing resources to the National 
Oceanic and Atmospheric Administration (NOAA) to advance scientific 
understanding of harmful algal blooms, as well as the ability to 
detect, monitor, assess, and predict bloom events.
  In 2014 and again in 2018, I worked with then-Senator Bill Nelson to 
reauthorize the program in a bipartisan way. And in the 2014 
legislation, I worked to ensure that freshwater bodies, specifically 
the Great Lakes, were a focus for the program for the first time. Since 
then, I have worked to secure funding for the HABHRCA program through 
the annual appropriations process.
  I am pleased to report that, today, NOAA's work through the HABHRCA 
program is being used by my constituents and others across the Great 
Lakes basin. For example, I hear from the fishing and charter boat 
industries that they rely on NOAA's biweekly forecasts to monitor the 
location of the blooms so they know what areas of the lake to avoid in 
order to continue operating their tourism and fishing businesses.
  It also helps our drinking water systems prevent contamination in 
drinking water because they are able to anticipate additional treatment 
needs if the location of the bloom is near a water intake valve. This 
will help prevent crises similar to the 2014 water crisis in Toledo, 
OH, in which nearly half a million people lost access to safe drinking 
water because a harmful algal bloom contaminated the city's water 
supply.
  As cochair of the Senate Great Lakes Task Force, I am committed to 
ensuring our Great Lakes communities have the resources they need to 
create jobs and protect the water quality and health of the lakes.
  My colleague from Florida, Senator Rubio, has a bill that would amend 
the HABHRCA program to require NOAA to conduct harmful algal bloom and 
hypoxia work specifically for the South Florida ecosystem. I am 
supportive of this legislation and of efforts to address harmful algal 
blooms across the country, so long as it does not take away or divert 
resources that are used in the Great Lakes.
  To that end, I ask for unanimous consent to have printed in the 
Record a letter from NOAA Administrator Spinrad committing that the 
work done in South Florida, such as would be the case with passage of 
Senator Rubio's legislation, S. 66, the South Florida Clean Coastal 
Waters Act, would have no impact on the resources and work currently 
being conducted to support the Great Lakes.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                    March 3, 2022.
     Hon. Robert Portman,
     Ranking Member, Committee on Homeland Security and 
         Governmental Affairs, U.S. Senate, Washington, DC.
       Dear Senator Portman: Thank you for your letter regarding 
     the importance of maintaining harmful algal bloom (HAB) and 
     hypoxia research and monitoring activities in the Great Lakes 
     region. I appreciate the discussion that you and I had about 
     this issue last week.
       As you know, NOAA has monitored and forecast cyanobacteria 
     bloom location and concentration in Lake Erie since 2009. The 
     early seasonal ``rolling'' outlook beginning in May estimates 
     bloom severity based on measurements of phosphorous loading 
     from the Maumee River combined with long-range forecasts and 
     historical records. The Lake Erie HAB Seasonal Forecast 
     issued in early summer allows coastal managers, lake users, 
     and drinking water facility operators to make informed 
     decisions based on the potential severity of the bloom. In 
     addition, the Lake Erie HAB forecast issued twice a week 
     during bloom season (July-October) provides the current bloom 
     extent and 5-day outlooks of where the bloom will travel and 
     what concentrations are likely to be seen, allowing managers 
     to determine whether to take preventive actions.
       As we discussed, NOAA is committed to continuing this 
     important work and to pursuing improvements to Lake Erie HAB 
     detection, monitoring, and forecasting to keep communities in 
     the Great Lakes region safe. Additional proposals to complete 
     HABs work in the South Florida ecosystem will not impact the 
     resources necessary for Great Lakes HABs work through the 
     Harmful Algal Bloom and Hypoxia Research and Control Act of 
     1998. The President's Fiscal Year 2022 Budget Request 
     includes an increase for NOAA's Coastal Science and 
     Assessment programs that, if appropriated, will support these 
     efforts and build capacity in other areas.
       We appreciate your interest and look forward to our 
     continued partnership. If you have further questions, please 
     contact Makeda Okolo, Director of NOAA's Office of 
     Legislative and Intergovernmental Affairs.
           Sincerely,
     Dr. Richard W. Spinrad,
       Under Secretary of Commerce for Oceans and Atmosphere and 
     NOAA Administrator.

  Mr. CASEY. I further ask that the bill be considered read a third 
time and passed and that the motion to reconsider be considered made 
and laid upon the table with no intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 66) was ordered to be engrossed for a third reading, was 
read the third time, and passed, as follows:

                                 S. 66

       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 ``South Florida Clean Coastal 
     Waters Act of 2021''.

     SEC. 2. SOUTH FLORIDA HARMFUL ALGAL BLOOMS AND HYPOXIA 
                   ASSESSMENT AND ACTION PLAN.

       (a) In General.--The Harmful Algal Bloom and Hypoxia 
     Research and Control Act of 1998 (Public Law 105-383; 33 
     U.S.C. 4001 et seq.) is amended--
       (1) by redesignating sections 605 through 609 as sections 
     606 through 610, respectively; and
       (2) by inserting after section 604 the following:

     ``SEC. 605. SOUTH FLORIDA HARMFUL ALGAL BLOOMS AND HYPOXIA.

       ``(a) South Florida.--In this section, the term `South 
     Florida' means--
       ``(1) all lands and waters within the administrative 
     boundaries of the South Florida Water Management District;
       ``(2) regional coastal waters, including Biscayne Bay, the 
     Caloosahatchee Estuary, Florida Bay, Indian River Lagoon, and 
     St. Lucie River Estuary; and
       ``(3) the Florida Reef Tract.
       ``(b) Integrated Assessment.--
       ``(1) Interim integrated assessment.--Not later than 540 
     days after the date of enactment of the South Florida Clean 
     Coastal Waters Act of 2021, the Task Force, in accordance 
     with the authority under section 603, shall complete and 
     submit to Congress and the President an interim integrated 
     assessment.
       ``(2) Finalized integrated assessment.--Not later than 3 
     years after the date of enactment of the South Florida Clean 
     Coastal Waters Act of 2021, the Task Force shall finalize, 
     and submit to Congress and the President, the interim 
     integrated assessment required by paragraph (1).
       ``(3) Contents of integrated assessment.--The integrated 
     assessment required by paragraphs (1) and (2) shall examine 
     the causes, consequences, and potential approaches to reduce 
     harmful algal blooms and hypoxia in South Florida, and the 
     status of, and gaps within, current harmful algal bloom and 
     hypoxia research, monitoring, management, prevention, 
     response, and control activities that directly affect the 
     region by--

[[Page S1067]]

       ``(A) Federal agencies;
       ``(B) State agencies;
       ``(C) regional research consortia;
       ``(D) academia;
       ``(E) private industry;
       ``(F) nongovernmental organizations; and
       ``(G) Indian tribes (as defined in section 4 of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     5304)).
       ``(c) Action Plan.--
       ``(1) In general.--Not later than 3 years and 180 days 
     after the date of the enactment of the South Florida Clean 
     Coastal Waters Act of 2021, the Task Force shall develop and 
     submit to Congress a plan, based on the integrated assessment 
     under subsection (b), for reducing, mitigating, and 
     controlling harmful algal blooms and hypoxia in South 
     Florida.
       ``(2) Contents.--The plan submitted under paragraph (1) 
     shall--
       ``(A) address the monitoring needs identified in the 
     integrated assessment under subsection (b);
       ``(B) develop a timeline and budgetary requirements for 
     deployment of future assets;
       ``(C) identify requirements for the development and 
     verification of South Florida harmful algal bloom and hypoxia 
     models, including--
       ``(i) all assumptions built into the models; and
       ``(ii) data quality methods used to ensure the best 
     available data are utilized; and
       ``(D) propose a plan to implement a remote monitoring 
     network and early warning system for alerting local 
     communities in the region to harmful algal bloom risks that 
     may impact human health.
       ``(3) Requirements.--In developing the action plan, the 
     Task Force shall--
       ``(A) consult with the State of Florida, and affected local 
     and tribal governments;
       ``(B) consult with representatives from regional academic, 
     agricultural, industry, and other stakeholder groups;
       ``(C) ensure that the plan complements and does not 
     duplicate activities conducted by other Federal or State 
     agencies, including the South Florida Ecosystem Restoration 
     Task Force;
       ``(D) identify critical research for reducing, mitigating, 
     and controlling harmful algal bloom events and their effects;
       ``(E) evaluate cost-effective, incentive-based partnership 
     approaches;
       ``(F) ensure that the plan is technically sound and cost-
     effective;
       ``(G) utilize existing research, assessments, reports, and 
     program activities;
       ``(H) publish a summary of the proposed plan in the Federal 
     Register at least 180 days prior to submitting the completed 
     plan to Congress; and
       ``(I) after submitting the completed plan to Congress, 
     provide biennial progress reports on the activities toward 
     achieving the objectives of the plan.''.
       (b) Clerical Amendment and Correction.--The table of 
     contents in section 2 of the Coast Guard Authorization Act of 
     1998 (Public Law 105-383) is amended by striking the items 
     relating to title VI and inserting the following new items:

              ``TITLE VI--HARMFUL ALGAL BLOOMS AND HYPOXIA

``Sec. 601. Short title.
``Sec. 602. Findings.
``Sec. 603. Assessments.
``Sec. 603A. National Harmful Algal Bloom and Hypoxia Program.
``Sec. 603B. Comprehensive research plan and action strategy.
``Sec. 604. Northern Gulf of Mexico hypoxia.
``Sec. 605. South Florida harmful algal blooms and hypoxia.
``Sec. 606. Great Lakes hypoxia and harmful algal blooms.
``Sec. 607. Protection of States' rights.
``Sec. 608. Effect on other Federal authority.
``Sec. 609. Definitions.
``Sec. 610. Authorization of appropriations.''.

                          ____________________