[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.''.
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