[Senate Report 105-357]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 667
105th Congress                                                   Report
                                SENATE

 2d Session                                                     105-357
_______________________________________________________________________


 
   HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND CONTROL ACT OF 1998

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1480





               September 30, 1998.--Ordered to be printed


       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                       one hundred fifth congress

                             second session

                     JOHN McCAIN, Arizona, Chairman

TED STEVENS, Alaska                  ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana                DANIEL K. INOUYE, Hawaii
SLADE GORTON, Washington             WENDELL H. FORD, Kentucky
TRENT LOTT, Mississippi              JOHN D. ROCKEFELLER IV, West 
KAY BAILEY HUTCHISON, Texas          Virginia
OLYMPIA SNOWE, Maine                 JOHN F. KERRY, Massachusetts
JOHN ASHCROFT, Missouri              JOHN B. BREAUX, Louisiana
BILL FRIST, Tennessee                RICHARD H. BRYAN, Nevada
SPENCER ABRAHAM, Michigan            BYRON L. DORGAN, North Dakota
SAM BROWNBACK, Kansas                RON WYDEN, Oregon

                       John Raidt, Staff Director

                       Mark Buse, Policy Director

                  Martha P. Allbright, General Counsel

     Ivan A. Schlager, Democratic Chief Counsel and Staff Director

             James S.W. Drewry, Democratic General Counsel



                                                       Calendar No. 667
105th Congress                                                   Report
                                 SENATE

 2d Session                                                     105-357
_______________________________________________________________________


    HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND CONTROL ACT OF 1998

                                _______
                                

               September 30, 1998.--Ordered to be printed

_______________________________________________________________________


       Mr. McCain, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 1480]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1480), ``A Bill to authorize 
appropriations for the National Oceanic and Atmospheric 
Administration to conduct research, monitoring, education, and 
management activities for the prevention, reduction, and 
control of harmful algal blooms, including blooms of Pfiesteria 
piscicida, and other aquatic toxins, hypoxia, and for other 
purposes,'' having considered the same, reports favorably 
thereon with an amendment in the nature of a substitute and 
recommends that the bill (as amended) do pass.

                          Purpose of the Bill

  The purpose of S. 1480, the Harmful Algal Bloom and Hypoxia 
Research and Control Act of 1998, is to facilitate the 
development of a comprehensive Federal response to the problems 
of harmful algal blooms (HABs) and hypoxia. As reported, the 
bill requires the creation of Federal action plans for HABs and 
hypoxia, and it authorizes appropriations in each of fiscal 
years 1999, 2000, and 2001 for research, monitoring, and 
assessment activities related to HABs and hypoxia by the 
National Oceanic and Atmospheric Administration (NOAA). The 
reported bill also authorizes funds for Federal technical 
assistance to support State activities related to HABs and 
hypoxia.

                          Background and Needs

  Marine algae and associated single-celled organisms are 
present in all ocean and coastal areas. In normal 
concentrations and life stages, these tiny organisms are benign 
and, in fact, they form a critical part of the marine food 
chain. Under certain circumstances, however, the population of 
a single algal species or several related species can rapidly 
increase in abundance, creating what is referred to as an algal 
``bloom''. HABs are algal blooms involving species that produce 
toxins or conditions that adversely affect other marine life. 
Some of these species contain pigments in their cells and when 
a bloom occurs, water in the affected area can become 
discolored.
  The species associated with HABs include those that cause red 
tides, brown tides, and a variety of toxic poisoning syndromes 
throughout the United States and many parts of the world. They 
include Pfiesteria piscicida and similar species that have been 
detected from Delaware to Florida. The presence of some types 
of harmful algae, such as the species that cause red or brown 
tides, are relatively easy to identify due to their color, but 
other harmful species do not discolor the water. This relative 
invisibility can make the detection of some HABs more 
difficult, and careful testing is required to determine the 
presence and extent of blooms. Whether blooms are visible or 
not, they often cause adverse effects to humans and marine 
life.
  Ironically, algal blooms can also create problems through 
their own death. As an algal population blooms, it may quickly 
outgrow the nutrients available to sustain itself. The 
organisms in the population subsequently die and decompose, 
depleting dissolved oxygen in the water. When large volumes of 
oxygen are depleted, other species in the marine environment 
suffer. These conditions of oxygen depletion are known as 
hypoxia (low oxygen concentrations) and anoxia (no oxygen). The 
huge hypoxic area or ``dead zone'' that forms annually in the 
Northern Gulf of Mexico results from die-offs on a massive 
scale of largely nontoxic algae.
  HABs present a major ecological threat to the marine 
environment. Toxins emitted by HABs can harm other marine 
organisms both directly and indirectly. Certain forms of red 
and brown tides, for instance, can kill or injure huge 
quantities of fish that come in direct contact with them. The 
indirect path involves the accumulation of HAB toxins in 
animals that are not directly harmed by the toxins and the 
subsequent consumption of these animals. Various fish and 
shellfish species accumulate HAB toxins in their tissues at 
levels that are harmful or lethal when ingested by sea birds, 
larger fish, marine mammals, or humans. The known human 
illnesses caused by algal toxins are paralytic shellfish 
poisoning (PSP), diarrhetic shellfish poisoning (DSP), 
neurotoxic shellfish poisoning (NSP), amnesic shellfish 
poisoning (ASP, sometimes known as domoic acid poisoning or 
DAP), and ciguatera fish poisoning (CFP). Growing evidence 
indicates that Pfiesteria and similar organisms can also cause 
serious human health problems.
  Algal toxins are among the most potent chemical compounds 
known. Some are far more lethal than sodium cyanide. The 
documented symptoms of algal toxin poisoning include 
neurological problems (e.g., headaches, dizziness, memory loss, 
and motor function impairments), gastrointestinal problems, 
cardiovascular problems, and skin rashes or lesions. For some 
algal toxins, human consumption of a single contaminated clam 
or mussel can be fatal. In addition to exposure from consuming 
shellfish and fish contaminated with such toxins, humans are 
vulnerable to HABs through the contact of skin with or the 
inhalation of spray from contaminated water. To protect the 
public from these dangers when harmful algae or algal toxins 
have been detected, State and local governments close beaches 
to swimmers and shellfish beds to commercial and recreational 
harvesting.
  HABs do not necessarily harm all marine vertebrate species, 
but some vertebrates are very vulnerable to particular algal 
toxins. Larger species, particularly marine mammals such as 
whales, dolphins, and manatees, can be especially susceptible. 
Red tides, for example, have been known to kill substantial 
numbers of dolphins and endangered manatees, including more 
than 150 manatees in Florida in 1996. Red tides and other HABs 
can also kill large quantities of certain fish species. In the 
fall of 1997, 14 million fish were killed by a red tide off the 
coast of Texas. Pfiesteria has a deadly effect on menhaden (a 
small coastal schooling fish), killing millions in North 
Carolina and Maryland in recent years, but it does not appear 
to have acute impacts on other fish species present in the same 
waters.
  In addition to toxin-related impacts and oxygen depletion, 
HABs degrade the marine environment by partially blocking 
sunlight that submerged aquatic vegetation and important 
microorganisms, or phytoplankton, need to survive. Since 
submerged aquatic vegetation and phytoplankton provide the 
foundation for the marine food chain, any reduction in their 
productivity decreases the overall ecological productivity in 
affected areas. This shading damages important marine 
invertebrates, such as corals, as well.
  Macroalgal or seaweed blooms can also cause serious problems. 
A suite of factors including nutrient loading and the loss of 
marine herbivores lead to macroalgal blooms. The result of 
these seaweed blooms can be the shading or smothering of other 
organisms, habitat degradation, and a significant decrease in 
available oxygen as the seaweeds decompose. Macroalgal blooms 
have been particularly troublesome in coral reef ecosystems 
where the slow-growing corals cannot keep pace with rapidly-
growing macroalgae.
  Over the past 25 years, the incidence and intensity of HABs 
have increased substantially, and today, virtually every U.S. 
coastal state and territory experiences them. More HAB species 
and toxins have been identified and more marine areas and 
resources are affected. The reasons for this proliferation of 
HABs are unclear. Possible explanations range from natural 
mechanisms of species dispersal (currents, tides, or dormant 
stages) to a host of human-related phenomena such as nutrient 
overloads, other kinds of pollution, climatic shifts, and 
transportation of algal species in ship ballast water.
  The uncertainty surrounding the proliferation of HABs can be 
attributed in significant part to the fact that scientists 
still do not fully understand what causes HABs to form. As a 
general rule, algal biomass increases in number when there is 
an abundance of nutrients in the water such as phosphorous or 
nitrogen. The sources of such nutrients include animal waste, 
farm runoff, sewage, or other types of pollution and they 
provide a basic source of energy for all types of algae. 
Excessive nutrient loading is, in fact, the primary cause of 
hypoxic events. But many scientists do notbelieve that the 
current science is adequate to establish a clear causal linkage between 
nutrient loading and HAB outbreaks. In addition, scientists have not 
yet conclusively identified the factor or factors that trigger the 
metamorphosis of some algal species from benign life stages to toxin-
emitting life stages. The current deficiency in basic biological, 
biochemical, and ecological information about HABs has greatly hindered 
the development of safe and effective methods for controlling and 
preventing HABs.
  The quality of technology for detecting the presence of toxic 
algal species and detecting whether a HAB is occurring varies. 
For red or brown tide species, visual analysis may be 
sufficient to indicate a bloom. But detecting an increase in 
the biomass of red tide algae before the full bloom develops, 
or detecting whether less visible HABs are occurring involves 
substantial work with sophisticated microscopes and lab 
analysis. The microscopes and other technology to detect algal 
species and numbers exist, but the process of moving back and 
forth from the water to the laboratories and analyzing the lab 
results takes time and money. Less cumbersome and expensive 
detection techniques need to be developed. Ideally, these new 
tests could be conducted in the field with rapid results. 
Similarly, there needs to be improvement in our ability to 
detect algal toxins.
  Monitoring involves the use of detection and assessment 
techniques in a systematic way to determine the presence and 
scope of a bloom. Given the limits in the practicality of the 
current detection technologies, the development and 
implementation of comprehensive monitoring systems present 
significant challenges. Effective monitoring currently requires 
much time, staff, and money, and in some areas, such as 
Alaska's huge coastline, it is not practical with existing 
techniques. Consequently, Alaska simply prohibits shellfish 
harvesting in all of its southern coastal waters.
  HABs generate a variety of economic impacts. These impacts 
include the costs to Federal, State, and local governments of 
conducting research and monitoring programs; short-term and 
permanent closures of harvestable shellfish and fish stocks; 
reductions in seafood sales; mortalities of wild and farmed 
fish, shellfish, submerged aquatic vegetation, and coral reefs; 
declines in tourism activity; and the medical costs of treating 
exposed human populations.
  As with the scientific information, economic data on HABs are 
far from complete. There is no doubt, however, that the costs 
are significant for the coastal areas of the nation as a whole 
and can be extreme at the local level, especially in areas that 
suffer chronic HAB outbreaks. Preliminary analysis indicates an 
estimated $45 million in average annual impacts nationally over 
the 1987-1993 period. It is clear, however, that the analysis 
significantly underestimates the actual level of impact. Losses 
from individual HAB events have equaled or exceeded the 
estimated average. The 1997 Pfiesteria outbreaks led to a 
substantial decline in the consumption of seafood harvested 
from the Chesapeake Bay. Losses to watermen, seafood dealers, 
and restaurants are estimated at $43 million.
  In addition, the estimated annual losses due to HABs fail to 
include economic opportunity costs, or the costs of the 
economic opportunities foregone when marine resources are not 
utilized due to persistent toxicity or to the expectation of 
future toxicity. For example, it is estimated that Alaska 
foregoes a minimum of $50 million a year in economic activity 
because its shellfish beds are closed as a result of PSP 
contamination. Many other coastal states experience HAB-related 
economic opportunity costs on a smaller scale.
  The preliminary analysis also does not include ``multiplier'' 
effects that could substantially increase the estimate. 
Multipliers are commonly used to determine the economic costs 
of other disasters such as floods and hurricanes. Using 
multipliers in this instance, the estimate of HAB-related 
economic impacts in the United States easily exceeds $100 
million per year or $1 billion per decade.
  Since HAB events are increasing in scope, frequency, and 
intensity, the annual economic impact will likely grow in the 
future if the HAB problem is not effectively addressed.
  Hypoxia (oxygen depletion) is another problem related to 
HABs. Without adequate oxygen in the water, other organisms 
(invertebrates, fish, and marine mammals) either flee the area 
or die, creating what is known as a ``dead zone.'' This has 
been a recurring problem in the northern Gulf of Mexico off the 
coasts of Louisiana and Texas. The lack of oxygen renders this 
entire area--which normally contains some of the most valuable 
fisheries in the United States, such as shrimp and red 
snapper--completely lifeless for much of the year. In 1996 and 
1997, the Gulf dead zone reached approximately 7,000 square 
miles, an area roughly the size of New Jersey. Measurements 
taken this summer indicate that the 1998 dead zone may be 
somewhat smaller in geographic size--about 4,000 square miles--
but they also indicate that oxygen has been depleted to greater 
depth in the affected area than in previous years.
  Many experts agree that the prime culprit in the Gulf dead 
zone is the huge volume of nutrients and other pollutants 
carried into the Gulf by the Mississippi River. The Mississippi 
system drains portions of 31 states and the flowing water 
carries immense quantities of farm chemicals, treated sewage 
discharge, stormwater runoff, and pollutants from thousands of 
factories and refineries. Given the economic importance of the 
sources of this pollution, however, the Gulf dead zone problem 
presents a difficult management challenge.
  Although it contains the most substantial example of hypoxia, 
the Gulf of Mexico is not the only area in the United States 
affected by this problem. A 1996 NOAA survey indicated that 53 
percent of all U.S. estuaries experience hypoxia for at least 
part of the year and one-third experience anoxia.
  While scientists have a better understanding of hypoxia than 
they do of many HAB-related problems, a major need for improved 
science still exists. The development of good models that can 
pinpoint how different upstream nutrient sources affect various 
estuaries is essential for rational management of the problem. 
In addition, scientists do not fully comprehend the dynamics of 
hypoxia once it occurs and its ecological and economic impacts.
  In response to HABs, coastal states have developed or are 
developing monitoring programs and rapid response task forces 
that warn the public of the dangers and deal with new 
outbreaks. State environmental agencies and universities, and 
private researchinstitutions such as the Bigelow Laboratory for 
Ocean Sciences in Maine, the Woods Hole Oceanographic Institution in 
Massachusetts, and the Mote Marine Laboratory in Florida, conduct 
important research related to the basic science of HABs and also 
research on detection and monitoring. These programs are expensive and 
the States and private sector alone have not been able to meet the 
current needs in all areas. Because their resources are limited, states 
like Alaska and others will often manage very conservatively to avoid 
public health risks. This is necessary to protect people, but in 
managing conservatively, the states can greatly increase economic 
losses by closing more areas to public access than may be necessary.
  State responses to hypoxia tend to focus on nutrient loading 
in coastal waters. These activities are generally incorporated 
into the Coastal Nonpoint Pollution Control Program that 
applies to the coastal states and territories currently 
participating in the NOAA-administered Coastal Zone Management 
Program. NOAA and the Environmental Protection Agency (EPA) 
have approved 22 of the state coastal nonpoint programs, with 
the other 7 decisions due soon. Three more states have recently 
joined the program and will eventually develop plans. All of 
the states will need assistance to implement these plans. As 
with HABs, state resources for controlling hypoxia are not 
adequate to fully address current problems. One reason for this 
is the transboundary nature of some nutrient sources that lead 
to hypoxia.
  Before 1992, the Federal government did not expend much 
direct effort on HABs. Some funding was spent on a case-by-case 
basis if a new HAB occurred, but there was neither a pro-active 
orientation, nor a significant ongoing program dedicated to the 
HAB problem. Overall, Federal funding levels were very low 
relative to the scope, complexity, and importance of HABs.
  As concerns about the problem increased in the 1990's, the 
Federal government began to devote greater attention to HABs. 
In 1992, NOAA sponsored a workshop with the HAB research 
community to develop a National Plan. The workshop yielded a 
national research agenda and the creation of a Marine Biotoxins 
Program in NOAA. Also in 1992, Public Law 102-587 designated 
the Provasoli-Guillard National Center for Culture of Marine 
Phytoplankton (CCMP) of the Bigelow Laboratory for Ocean 
Sciences in Maine as a National Center and Facility. The CCMP 
contains the world's largest collection of marine 
phytoplankton, including HAB species, and therefore is a vital 
resource in the overall effort to identify, prevent, and 
control HABs.
  In 1994, the Administration established an Ad Hoc Interagency 
Task Force on Marine Biotoxins and Harmful Algae to begin 
coordinating efforts on and identifying measures to address the 
problem. Later that year, NOAA created a National Office for 
Marine Biotoxins and Harmful Algal Blooms at the Woods Hole 
Oceanographic Institution.
  In 1996, the Administration created a program called Ecology 
and Oceanography of Harmful Algal Blooms (ECOHAB). This inter-
agency program is dedicated to conducting the basic research 
necessary to understand HABs, why they occur, and how to combat 
them. Various agencies contribute funds to the program. Grant 
applications are solicited from universities, private research 
institutions, and Federal agencies. Grant funds are awarded on 
a competitive basis after review by a panel of experts. NOAA is 
the lead agency for ECOHAB, and other agencies participating 
include the EPA, the National Science Foundation (NSF), the 
U.S. Department of Agriculture (USDA), the Department of the 
Interior, the National Aeronautics and Space Administration 
(NASA), and the Office of Naval Research (ONR).
  A 1997 scientific panel recommended the creation of a program 
complementary to ECOHAB that would focus on research related to 
the prevention, management, mitigation, and control of HABs 
rather than basic research. Various agencies such as NOAA, EPA, 
USDA, the Centers for Disease Control and Prevention, the 
National Institute of Environmental Health and Safety, the Food 
and Drug Administration, and NASA conduct some of these kinds 
of activities, but generally in the small and piecemeal manner 
reminiscent of the pre-ECOHAB basic research attempts. After 
the outbreak of Pfiesteria in Maryland and Virginia in 1997, 
the Administration created an ad hoc inter-agency task force to 
assist the states in addressing the problem. However, no 
similarly coordinated entity exists for other HABs. In fact, 
little overall has been done at the Federal level to prevent 
and control HABs relative to the scope and seriousness of the 
problem.
  With respect to hypoxia, NOAA has done limited research due 
to funding constraints. In 1996, NOAA funded the Nutrient-
Enhanced Coastal Ocean Productivity Program (NECOP) that 
surveyed coastal estuaries for hypoxia and other conditions. 
The NECOP study identified the scope of the national hypoxia 
problem. Subsequent Federal research and management activities 
specific to hypoxia have focused largely on the Northern Gulf 
of Mexico due to funding constraints and the severity of the 
problem in that area. Since the NECOP study showed hypoxic 
conditions in over half of the nation's estuaries, the Federal 
response needs to be broadened. Unfortunately, little follow-up 
work in this area has been conducted.
  NOAA is also the lead agency in an ongoing inter-agency task 
force conducting an assessment of hypoxia in the northern Gulf 
of Mexico. This assessment is studying and analyzing the 
distribution, dynamics, and causes of the Gulf dead zone; the 
ecological and economic consequences of it; the sources and 
loads of nutrients transported by the Mississippi River to the 
Gulf of Mexico; the effects of reducing nutrient loads; methods 
for reducing nutrient loads; and the social and economic costs 
and benefits of such methods. The EPA and the USDA have done 
extensive work on nutrient loading caused by non-point source 
pollution--the primary cause of hypoxia.

                          Legislative History

  Senators Snowe and Breaux introduced S. 1480 on November 8, 
1997, and the bill was referred to the Committee on Commerce, 
Science, and Transportation. Cosponsors include Senators 
Hutchison, Mikulski, Hollings, Kerry, Stevens, Inouye, Akaka, 
Roth, and Robb.
  The Subcommittee on Oceans and Fisheries held a hearing on 
the bill on May 20, 1998, with Senator Snowe presiding. 
Testimony was provided by representatives of NOAA and EPA, 
public and private research institution scientists, and an 
oyster grower from Louisiana representing the National 
Fisheries Institute and the National Marine Manufacturers 
Association.
  On July 9, 1998, S. 1480 was considered by the Committee in 
an open executive session. The Committee, without objection, 
ordered S. 1480 reported with an amendment in the nature of a 
substitute.
  Representative John of Louisiana introduced H.R. 4235, the 
Harmful Algal Bloom and Hypoxia Research and Control Act of 
1998, on July 16, 1998. H.R. 4235 is identical to S. 1480 as 
reported with one minor technical change to section 7. The bill 
has been referred to the House Committees on Science and 
Resources.

                      Summary of Major Provisions

  Major provisions of S. 1480, as reported, include the 
following:
  Task Force and Action Plans. The bill establishes an inter-
agency task force to develop comprehensive, coordinated Federal 
action plans for HABs, hypoxia, and the chronic hypoxic 
condition in the northern Gulf of Mexico. Each of the action 
plans will identify actions that each agency will take to help 
prevent, reduce, and control the respective problems, and 
prevent unnecessary duplication of effort among the agencies. 
The action plans on hypoxia also address research needs.
  Authorization of Appropriations. The bill authorizes 
appropriations for NOAA of $27.5 million annually in fiscal 
year (FY) 1999 and FY 2000, and $25.5 million in FY 2001, for 
research, monitoring, and assessment activities relating to 
HABs and hypoxia. The funds would be used for NOAA programs, 
for competitive, extramural research, and for technical 
assistance to the states.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 21, 1998.
Hon. John McCain,
Chairman, Committee on Commerce, Science, and Transportation, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1480, the Harmful 
Algal Bloom and Hypoxia Research and Control Act of 1998.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Gary Brown 
(for federal costs) and Pepper Santalucia (for the state and 
local impact).
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).
    Enclosure.

               congressional budget office cost estimate

S. 1480--Harmful Algal Bloom and Hypoxia Research and Control Act of 
        1998

    Summary: S. 1480 would authorize appropriations estimated 
at $28 million in 1999 and $26 million in each of the fiscal 
years 2000 and 2001 for (a) research, education, and management 
activities at the Department of Commerce related to preventing, 
reducing, and controlling algal blooms and hypoxia; (b) grants 
to states for controlling algal blooms and hypoxia in coastal 
zones; and (c) an interagency task force that would conduct 
studies on and recommend and monitor federal responses to algal 
blooms and hypoxia.
    CBO estimates that implementing S. 1480 would result in new 
spending of $78 million over the 1999-2003 period, assuming 
appropriation of the authorized amounts. Enacting S. 1480 would 
not affect direct spending or receipts; therefore, pay-as-you-
go procedures would not apply. The legislation contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.
    Algal blooms are implicated in fish kills and are 
considered a possible threat to public health. The recent 
outbreak of the microbe Pfiesteria piscicida is one example of 
an algal bloom. Algal blooms can also lead to other damaging 
marine conditions such as hypoxia (reduced oxygen 
concentrations), which can be harmful or fatal to fish and 
shellfish.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1480 is shown in the following table. 
The 1998 appropriated level for the activities authorized by 
this bill is about $5 million. The costs of this legislation 
fall within budget function 300 (natural resources and 
environment).

                                    [By fiscal year, in millions of dollars]
----------------------------------------------------------------------------------------------------------------
                                                              1998     1999     2000     2001     2002     2003
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION
Spending under current law:
    Budget authority \1\..................................        5        0        0        0        0        0
    Estimated outlays.....................................        3        2        0        0        0        0
Proposed changes:
    Estimated authorization level.........................        0       28       26       26        0        0
    Estimated outlays.....................................        0       18       23       25        9        3
Spending under S. 1480:
    Estimated authorization level \1\.....................        5       28       26       26        0        0
    Estimated outlays.....................................        3       20       23       25        9        3
----------------------------------------------------------------------------------------------------------------
\1\ The 1998 level is the amount appropriated for that year for the activities by S. 1480.

    Basis of estimate: CBO assumes that S. 1480 will be enacted 
by September 30, 1998, and that the amounts authorized by the 
bill will be appropriated near the start of each fiscal year. 
Estimated outlays are based on historical spending patterns for 
similar programs.
    This bill would authorize $25.5 million annually over the 
1999-2001 period for research, education, and management 
activities at the Department of Commerce and an additional $2 
million over the 1999-2000 period for grants to states in 
coastal zones. For the purposes of this estimate. CBO assumes 
that the entire $2 million authorized for state grants will be 
provided in 1999. The bill also would expand the scope of 
activities permitted under the Sea Grant College Program Act, 
but this provision would not change the amounts authorized for 
that program.
    In addition to these specified authorizations, CBO 
estimates that the activities of the interagency task force 
would increase discretionary spending by about $1 million over 
the 1999-2001 period, assuming appropriation of the necessary 
amounts. The task force would consist of at least 10 
representatives from various federal agencies and would be 
required to prepare several reports and assessments. Based on 
information provided by the National Oceanic and Atmospheric 
Administration, CBO assumes that the task force would have a 
small staff and would meet only a few times a year. We assume 
that the President would terminate the task force after three 
years, as authorized by the bill.
    Pay-as-you-go considerations: None.
    Estimated impact on State, local, and tribal governments: 
S. 1480 contains no intergovernmental mandates as defined in 
UMRA, and would not impose any costs on state, local, or tribal 
governments. The bill would authorize appropriations of $2 
million to help coastal states control algal blooms and 
hypoxia. In addition, public colleges and universities in 
coastal states would be eligible for research grants from funds 
authorized by the bill.
    Estimated impact on the private sector: None.
    Previous CBO estimate: On October 31, 1997, CBO provided an 
estimate for S. 1219, the Pfiesteria Research Act of 1997, as 
ordered reported by the Senate Committee on Environment and 
Public Works on October 29, 1997. CBO estimated that 
implementing the bill would result in discretionary spending of 
$10 million over the 1998-2000 period. That bill authorized 
appropriations totaling $5 million for each of fiscal years 
1998 and 1999 for establishing a research program for 
eradicating or controlling Pfiesteria piscicida and other 
aquatic toxins, and for making grants to colleges, 
universities, and other entities for this purpose.
    Estimate prepared by: Federal costs: Gary Brown; Impact on 
State, local, and tribal governments: Pepper Santalucia.
    Estimate approved by: Paul N. Van de Water, Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       number of persons covered

  The reported bill requires the development of three Federal 
inter-agency action plans and authorizes research, monitoring, 
assessment, and State technical assistance funding through 
NOAA. It does not authorize any new regulations and therefore 
will not subject any individuals or businesses to new 
regulations.

                            economic impact

  Sections 5 and 7 of the reported bill authorize $27.5 million 
in appropriations in each of fiscal years 1999 and 2000, and 
$25.5 million in FY 2001. These funding levels are relatively 
modest and are not expected to have an inflationary impact on 
the nation's economy.

                                privacy

  The reported bill will not have any adverse impact on the 
personal privacy of individuals.

                               paperwork

  The reported bill will not increase paperwork requirements 
for the private sector. It requires the development of three 
Federal inter-agency actions plans and the submission of an 
annual report for three years to the Congress and the 
President.

                      Section-by-Section Analysis

Section 1. Short title

  This section of the reported bill cites the short title of 
the reported bill as the ``Harmful Algal Bloom and Hypoxia 
Research and Control Act of 1998''.

Section 2. Findings

  This section of the reported bill contains the following 
Congressional findings related to HABs and hypoxia: (1) 
Pfiesteria is one example of HABs that are increasing in 
frequency and intensity in the Nation's coastal waters; (2) 
recent HAB occurrences include red tides, brown tides, 
ciguatera fish poisoning, and shellfish poisoning affecting a 
variety of states and territories; (3) HABs have resulted in 
fish kills, numerous deaths of endangered manatees, and in 
beach and shellfish bed closures; (4) scientists believe that 
factors contributing to HABs may include excessive nutrients in 
coastal waters, other types of pollution, the transfer of 
harmful species through ship ballast water, and ocean currents; 
(5) HABs have caused an estimated $1,000,000,000 in economic 
losses during the past decade; (6) algal blooms can lead to 
hypoxia, a condition of reduced oxygen concentrations in 
coastal waters; (7) approximately 53 percent of U.S. estuaries 
experience hypoxia for at least part of the year and the 
Northern Gulf of Mexico suffers from chronic hypoxia in a zone 
more than 7,000 square miles in area; (8) scientists believe 
that the primary cause of hypoxia is excessive nutrients; (9) 
more workable and effective actions to reduce nutrient loadings 
to coastal waters need to be identified; (10) NOAA has the 
capabilities to support a comprehensive effort to prevent, 
reduce, and control HABs and hypoxia; (11) funding for NOAA 
programs will improve the Nation's ability to deal with HABs 
and hypoxia; (12) other Federal agencies, along with the 
States, Indian tribes, and local governments, conduct important 
work related to HABs and hypoxia.

Section 3. Action plan

  Subsection (a) of this section of the reported bill requires 
the establishment of an Inter-Agency Task Force on Harmful 
Algal Blooms and Hypoxia (Task Force) through the Committee 
onEnvironment and Natural Resources of the National Science and 
Technology Council. The Task Force members include representatives of 
NOAA (serving as chair), EPA, USDA, the Departments of the Interior, 
the Navy, and Health and Human Services, NSF, NASA, and other agencies. 
The composition of this panel is similar to that of the Ad Hoc Task 
Force on Pfiesteria and of the inter-agency group formed through the 
Committee on Environment and Natural Resources that is currently 
examining the Northern Gulf of Mexico dead zone. Although the Task 
Force in this subsection would technically replace the Northern Gulf 
panel, the Committee anticipates that the Northern Gulf panel would 
continue its effort as part of the Task Force for the purposes of 
completing the Northern Gulf of Mexico dead zone assessment under 
section 4 of the reported bill.
  Subsection (b) of this section charges the Task Force with 
the development of a comprehensive and coordinated national 
action plan dealing with HABs within one year of the date of 
enactment of S. 1480. In developing this action plan, the Task 
Force must consult with the coastal States, Indian tribes, and 
local governments, industry, academic institutions, and non-
governmental organizations with expertise in coastal zone 
management. The action plan will identify the actions that each 
agency or department on the Task Force will take in the future 
to prevent, reduce, manage, mitigate, and control harmful algal 
blooms. Subsection (b) further requires the action plan to 
prevent unnecessary duplication of effort among Federal 
agencies and departments, and to provide for Federal 
cooperation and coordination with and assistance to the coastal 
States, Indian tribes, and local governments.
  The HAB action plan will provide the framework for a 
sustained and coordinated Federal response to this urgent 
problem. The Committee recognizes that current Federal HAB 
activities, especially management activities, are insufficient 
and often conducted on an ad hoc basis, and that the States do 
not have adequate resources to manage HAB problems without 
assistance. Given the increasing number of HAB outbreaks and 
the growing costs associated with such episodes, Federal 
programs and policies will have to be improved if the nation is 
going to make progress on the problem. The agenda developed in 
the 1993 document ``Marine Biotoxins and Harmful Algae: A 
National Plan,'' still guides inter-agency basic research 
efforts, and demonstrates the value of an organized and 
integrated approach to developing management strategies and 
conducting applied research.
  Another positive example of the integrated, inter-agency 
approach to HAB work is the Ad Hoc Interagency Task Force on 
Pfiesteria. The task force has created an action plan dealing 
with research and monitoring for this specific HAB. The plan 
has proved to be a useful tool for managers and scientists in 
states currently impacted, or likely to be impacted, by 
Pfiesteria. A comparable coordinated effort needs to be 
developed on a national scale for the many other HABs.
  One essential element of a coordinated, Federal research and 
management effort is a continually updated storehouse of HAB 
species. In that regard, the Committee acknowledges the unique 
importance of the Bigelow Laboratory for Ocean Sciences' CCMP 
depository for marine algae and other phytoplankton species, 
and the need for NOAA and other Federal agencies to continue 
their recognition and support of this facility.
  Section 3(c) requires the Task Force to develop a national 
action plan to address hypoxia no later than 12 months after 
the date of enactment of this Act. As part of this process, the 
Task Force is required to consult with the coastal States, 
Indian tribes, and local governments, industry, academic 
institutions, and non-governmental organizations with expertise 
in watershed and coastal zone management. This section 
specifies that the action plan will identify the needs, 
priorities, and guidelines for a competitive, peer-reviewed 
inter-agency research program on the causes, characteristics, 
and impacts of hypoxia (including both intramural and 
extramural research), and actions that Federal agencies and 
departments will take to prevent, reduce, manage, mitigate, and 
control hypoxia. The action plan must also contain measures to 
ensure the coordination of inter-agency activities and to avoid 
unnecessary duplication of effort among the agencies and 
departments. Building on the 1996 NECOP study, the hypoxia 
action plan required by this section will provide for a more 
substantial and coordinated Federal response to hypoxic 
conditions in coastal waters across the nation. The assessment 
currently being done for the Northern Gulf of Mexico provides a 
basis for the kinds of issues that need to be addressed in a 
national strategy.
  Subsection (d) of this section requires the Task Force to 
report annually for three years to the Congress and the 
President beginning 12 months after publication of the action 
plans in subsections (b) and (c). Each report must describe the 
progress of the relevant agencies and departments in 
implementing the actions outlined in the plans, assess the 
effectiveness of the action plans, describe any changes to the 
plans, and provide any other pertinent information the Task 
Force may wish to include.
  Subsection (e) of this section allows the President to 
disestablish the Task Force after submission of the third 
annual report in subsection (d). The Committee views the action 
plans as catalysts for a more effective Federal response to 
HABs and hypoxia. Since these plans will have been developed, 
implemented, and reviewed within three years of the date of 
enactment of S. 1480, a statutorily-mandated Task Force may no 
longer be necessary after that time. Should the Task Force be 
disestablished, however, the Committee expects that the 
Administration will maintain an administrative process to 
ensure that Federal activities on HABs and hypoxia remain well-
coordinated in the future.

Section 4. Northern Gulf of Mexico hypoxia

  Subsection (a) of this section of the reported bill requires 
the Task Force to submit to Congress and the President an 
integrated assessment of hypoxia in the Northern Gulf of Mexico 
no later than March 30, 1999. The assessment will examine a 
variety of pertinent issues, including the distribution and 
dynamics of hypoxia in the region, its ecological and economic 
consequences, the sources and loads of nutrients, and methods 
for reducing nutrient loads.
  Subsection (b) of this section requires that, no later than 
March 30, 2000, the President shall develop and submit to 
Congress an action plan based on the assessment in subsection 
(a) for reducing,mitigating, and controlling hypoxia in the 
Northern Gulf of Mexico. This plan will be developed in consultation 
with State, Indian tribe, and local governments, and academic, 
agricultural, industry, and environmental groups. Subsection (b) also 
requires that at least 90 days prior to submission of the plan to 
Congress, a summary of the proposed plan will be published in the 
Federal Register and be open for public comment for not less than 60 
days.
  The existing Northern Gulf of Mexico Task Force is currently 
conducting the assessment of hypoxia in subsection (a). The 
individual section reports will be completed in the fall of 
1998 and the integrated report is expected to be completed by 
March 30, 1999. The Committee has established a legislative 
mandate and deadline for this assessment to ensure that the 
report is completed in a timely manner.

Section 5. Authorization of appropriations

  This section of the reported bill authorizes NOAA 
appropriations of $25.5 million in each of fiscal years 1999, 
2000, and 2001 for research, monitoring, and assessment 
activities for HABs and hypoxia. Such activities would be 
funded both within NOAA labs and through competitive, peer-
reviewed extramural grants.
  Paragraph (1) of this section authorizes appropriations of $5 
million in each fiscal year to fund intramural research and 
assessment activities in the laboratories of the National Ocean 
Service (NOS) and the National Marine Fisheries (NMFS) service. 
These activities include coastal monitoring, processing of 
samples, and the development of advanced testing techniques. 
Some of this work is already occurring in NOS and NMFS labs. 
Work in the NOS lab in Charleston, South Carolina, has focused 
on the biochemistry and toxicology of HABs. The NMFS Northwest 
Fisheries Science Center is examining food web interactions and 
coastal ecosystem health. Expansion of this research and 
monitoring is necessary to develop quicker and easier field 
tests, provide increased public health protections, and advance 
human understanding of the ecological impacts of HABs.
  Paragraph (2) of this section authorizes appropriations of $7 
million in each fiscal year through NOAA's Coastal Ocean 
Program to fund NOAA's contributions to the ECOHAB program. 
This represents a doubling of the Administration's FY 1999 
budget request for ECOHAB. Testimony received by the Committee 
from scientific experts, State officials, and industry 
representatives indicates that while ECOHAB is a very useful 
program, it has not received the level of funding necessary to 
substantially advance our knowledge of HAB biology, ecology, 
and oceanography in a timely manner. This kind of information 
is critical to the development of effective strategies for 
preventing and managing HABs in the future.
  Paragraph (3) of this section authorizes appropriations of $3 
million in each fiscal year for NOS to carry out a competitive, 
peer-reviewed research project on management measures. This can 
include both intramural and extramural research. The Committee 
expects that this project would be modeled on the ECOHAB 
project, and that it would involve contributions from other 
relevant Federal agencies. Scientists, State officials, and 
industry representatives have indicated that this kind of 
applied research is essential but is not presently being done 
on a significant basis.
  Paragraph (4) of this section authorizes the appropriation of 
$5.5 million annually to NOS for administration of Federal and 
State annual monitoring and analysis activities for HABs. These 
activities include the development of rapid response 
capabilities for dealing with outbreaks and critical assistance 
to State monitoring programs.
  Paragraph (5) of this section authorizes the appropriation of 
$5 million annually to NOS and NOAA's Office of Oceanic and 
Atmospheric Research (OAR) for hypoxia research and monitoring 
activities. This can include both intramural and extramural 
research and monitoring projects. The Committee expects that a 
large portion of this funding will be used to address the most 
severe case of chronic hypoxia in the United States--the 
Northern Gulf of Mexico. The remaining funds will be used for 
other cases of hypoxia in coastal waters throughout the nation.

Section 6. Amendment to National Sea Grant College Program Act

  This section of the reported bill amends section 212(a) of 
the National Sea Grant College Program Act (33 U.S.C. 1131(a)) 
to allow up to $3 million to be made available annually through 
the National Sea Grant College Program for competitive grants 
for university research, education, training, and advisory 
services on Pfiesteria piscicida and other HABs. In the 
National Sea Grant College Program Reauthorization Act of 1998 
(Public Law 105-160), the Congress authorized up to $3 million 
annually for Sea Grant competitive research grants on HABs. 
However, Sea Grant activities include not only research but 
also education, training, and advisory services programs. The 
amendment in this section clarifies that any HAB-specific Sea 
Grant funding provided through the authorization in P.L. 105-
160 may be used to conduct these other kinds of projects as 
well as research projects.

Section 7. Amendment to the Coastal Zone Management Act

  This section of the reported bill amends section 318(a) of 
the Coastal Zone Management Act of 1972 (CZMA) (16 U.S.C. 
1464(a)) to authorize up to $2 million in total appropriations 
during FY 1999 and FY 2000 for technical assistance under 
section 310 of the CZMA to support State implementation and 
analysis of the effectiveness of measures to prevent, reduce, 
mitigate, or control harmful algal blooms and hypoxia. The 
Committee did not provide an authorization for HAB and hypoxia 
technical assistance under the CZMA in FY 2001 because the act 
is due for reauthorization in the 106th Congress and the long-
term prospects for this kind of technical assistance would be 
most appropriately addressed in that reauthorization.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

                  Coastal Zone Management Act of 1972

                    Authorization of appropriations

  Sec. 318 (16 U.S.C. 1464) (a) There are authorized to be 
appropriated to the Secretary, to remain available until 
expended--
          (1) for grants under sections 306, 306A, and 309--
                  (A) $47,600,000 for fiscal year 1997;
                  (B) $49,000,000 for fiscal year 1998; and
                  (C) $50,500,000 for fiscal year 1999; [and]
          (2) for grants under section 315--
                  (A) $4,400,000 for fiscal year 1997;
                  (B) $4,500,000 for fiscal year 1998; and
                  (C) $4,600,000 for fiscal year [1999.] 1999; 
                and
          (3) up to $2,000,000 for fiscal years 1999 and 2000 
        for technical assistance under section 310 to support 
        State implementation and analysis of the effectiveness 
        of measures to prevent, reduce, mitigate, or control 
        harmful algal blooms and hypoxia.''.
  (b) Federal funds received from other sources shall not be 
used to pay a coastal state's share of costs under section 306 
or 309 [16 USCS @ 1455 or 1456b].
  (c) The amount of any grant, or portion of a grant, made to a 
State under any section of this Act which is not obligated by 
such State during the fiscal year, or during the second fiscal 
year after the fiscal year, for which it was first authorized 
to be obligated by such State shall revert to the Secretary. 
The Secretary shall add such reverted amount to those funds 
available for grants under the section for such reverted amount 
was originally made available.

                 National Sea Grant College Program Act

SEC. 212. AUTHORIZATION FOR APPROPRIATIONS.

        (33 U.S.C. 1131)@ 1131. Authorization of appropriations

  (a) Authorization.--
          (1) In general.--There is authorized to be 
        appropriated to carry out this Act--
                  (A) $56,000,000 for fiscal year 1999;
                  (B) $57,000,000 for fiscal year 2000;
                  (C) $58,000,000 for fiscal year 2001;
                  (D) $59,000,000 for fiscal year 2002; and
                  (E) $60,000,000 for fiscal year 2003.
          (2) Zebra mussel and oyster research.--In addition to 
        the amount authorized for each fiscal year under 
        paragraph (1)--
                  (A) up to $2,800,000 may be made available as 
                provided in section 1301(b)(4)(A) of the 
                Nonindigenous Aquatic Nuisance Prevention and 
                Control Act of 1990 (16 U.S.C. 4741(b)(4)(A)) 
                for competitive grants for university research 
                on the zebra mussel;
                  (B) up to $3,000,000 may be made available 
                for competitive grants for university research 
                on oyster diseases and oyster-related human 
                health risks; and
                  [(C) up to $3,000,000 may be made available 
                for competitive grants foruniversity research 
                on Pfiesteria piscicida and other harmful algal 
                blooms.]
                  (C) up to $3,000,000 may be made available 
                for competitive grants for university research, 
                education, training, and advisory services on 
                Pfiesteria piscicida and other harmful algal 
                blooms.
  (b) Program Elements.--
          (1) Limitation.--No more than 5 percent of the lesser 
        of--
                  (A) the amount authorized to be appropriated; 
                or
                  (B) the amount appropriated, for each fiscal 
                year under subsection (a) may be used to fund 
                the program element contained in section 
                204(b)(2).
          (2) Sums appropriated under the authority of 
        subsections (a) and (c) shall not be available for 
        administration of this Act by the National Sea Grant 
        Office, or for Administration program or administrative 
        expenses.
  (c) Priority Oyster Disease Research.--In addition to sums 
authorized under subsection (a), there is authorized to be 
appropriated for priority oyster disease research under section 
205 of this Act, an amount--
          (1) for fiscal year 1992, not to exceed $1,400,000;
          (2) for fiscal year 1993, not to exceed $3,000,000;
          (3) for fiscal year 1994, not to exceed $3,000,000; 
        and
          (4) for fiscal year 1995, not to exceed $3,000,000.
  (d) Availability of Sums.--Sums appropriated pursuant to this 
section shall remain available until expended.
  (e) Reversion of Unobligated Amounts.--The amount of any 
grant, or portion of a grant, made to a person under any 
section of this Act that is not obligated by that person during 
the first fiscal year for which it was authorized to be 
obligated or during the next fiscal year thereafter shall 
revert to the Secretary. The Secretary shall add that reverted 
amount to the funds available for grants under the section for 
which the reverted amount was originally made available.

                                
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