[House Report 111-439]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-439

======================================================================


 
  PROVIDING FOR CONSIDERATION OF 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

                                _______
                                

   March 11, 2010.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Ms. Pingree, from the Committee on Rules, submitted the following

                              R E P O R T

                      [To accompany H. Res. 1168]

    The Committee on Rules, having had under consideration 
House Resolution 1168, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 3650, the 
``Harmful Algal Blooms and Hypoxia Research and Control 
Amendments Act of 2009,'' under a structured rule. The 
resolution provides one hour of general debate equally divided 
and controlled by the chairman and ranking minority member of 
the Committee on Science and Technology. The resolution waives 
all points of order against consideration of the bill except 
those arising under clause 9 or 10 of rule XXI. The resolution 
provides that the amendment printed in part A of this report 
shall be considered as adopted. The bill, as amended, shall be 
considered as read. The resolution waives all points of order 
against the bill, as amended. This waiver does not affect the 
point of order available under clause 9 of rule XXI (regarding 
earmark disclosure). The resolution makes in order only the 
amendment printed in part B of this report if offered by 
Representative Flake of Arizona or his designee. The amendment 
shall be considered as read, shall be separately debatable for 
10 minutes equally divided and controlled by the proponent and 
an opponent, and shall not be subject to a demand for division 
of the question. The resolution waives all points of order 
against the amendment printed in part B of this report except 
those arising under clause 9 and 10 of rule XXI. Finally, the 
resolution provides one motion to recommit with or without 
instructions.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of the bill (except those arising under clause 9 
or 10 of rule XXI), the Committee is not aware of any points of 
order. The waiver is prophylactic. The waiver of all points of 
order against provisions in the bill, as amended, is 
prophylactic in nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 326

    Date: March 11, 2010.
    Measure: H.R. 3650.
    Motion by: Mr. Dreier.
    Summary of motion: To report an open rule.
    Results: Defeated 3-7.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Arcuri--Nay; Perlmutter--Nay; Polis--Nay; Dreier--
Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.

  SUMMARY OF AMENDMENT IN THE NATURE OF A SUBSTITUTE IN PART A TO BE 
                         CONSIDERED AS ADOPTED

    A definition for ``State'' was added, and the duties of the 
Under Secretary are clarified to ensure its role is to 
coordinate the efforts of the Task Force. There also is 
language now to encourage international information sharing; 
coordinate existing education programs; and assist in regional, 
State, tribal and local efforts. The current language also 
clarifies the activities under the Freshwater Harmful Algal 
Blooms Program and the existing NOAA programs and activities. 
The bill has added language that integrates all coastal and 
ocean monitoring and observation data. There is also a 
consolidation of the reporting requirements and language to 
ensure extramural research activities. Finally, although the 
top line authorization level does not change, the breakdown of 
the authorization of appropriations for specific programs and 
activities is modified.

           SUMMARY OF AMENDMENT IN PART B TO BE MADE IN ORDER

    Flake, Jeff (AZ): Would prohibit earmarking in the funds 
authorized for appropriations in the legislation. (10 minutes)

     PART A--TEXT OF AMENDMENT IN THE NATURE OF A SUBSTITUTE TO BE 
                         CONSIDERED AS ADOPTED

  Strike all after the enacting clause and insert the 
following:

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;
          ``(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.
  ``(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.

             PART B--TEXT OF AMENDMENT TO BE MADE IN ORDER

  At the end of the bill, add the following new section:

SEC. 9. PROHIBITION ON EARMARKS.

  None of the funds appropriated pursuant to section 605 may be 
used for a Congressional earmark as defined in clause 9(e) of 
rule XXI of the Rules of the House of Representatives.

                                  
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