[Senate Report 111-125]
[From the U.S. Government Publishing Office]
Calendar No. 271
111th Congress Report
2d Session SENATE 111-125 _______________________________________________________________________
THE HARMFUL ALGAL BLOOMS AND HYPOXIA RESEARCH AND CONTROL AMENDMENTS
ACT OF 2009
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 952
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
February 4, 2010.--Ordered to be printed
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U.S. GOVERNMENT PRINTING OFFICE
89-010 PDF WASHINGTON : 2010
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred eleventh congress
second session
JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts OLYMPIA J. SNOWE, Maine
BYRON L. DORGAN, North Dakota JOHN ENSIGN, Nevada
BARBARA BOXER, California JIM DeMINT, South Carolina
BILL NELSON, Florida JOHN THUNE, South Dakota
MARIA CANTWELL, Washington ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey GEORGE S. LeMIEUX, Florida
MARK PRYOR, Arkansas JOHNNY ISAKSON, Georgia
CLAIRE McCASKILL, Missouri DAVID VITTER, Louisiana
AMY KLOBUCHAR, Minnesota SAM BROWNBACK, Kansas
TOM UDALL, Colorado MIKE JOHANNS, Nebraska
MARK WARNER, Virginia
MARK BEGICH, Alaska
Ellen Doneski, Chief of Staff
James Reid, Deputy Chief of Staff
Bruce Andrews, General Counsel
Ann Begeman, Acting Republican Staff Director
Brian Hendricks, Republican General Counsel
Todd Bertoson, Republican Senior Counsel
Calendar No. 271
111th Congress Report
2d Session SENATE 111-125 ======================================================================
THE HARMFUL ALGAL BLOOMS AND HYPOXIA RESEARCH AND CONTROL AMENDMENTS
ACT OF 2009
_______
February 4, 2010.--Ordered to be printed
_______
Mr. Rockefeller, from the Committee on Commerce, Science, and
Transportation, submitted the following
REPORT
[To accompany S. 952]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 952) to develop and promote a
comprehensive plan for a national strategy to address harmful
algal blooms and hypoxia through baseline research, forecasting
and monitoring, and mitigation and control while helping
communities detect, control, and mitigate coastal and Great
Lakes harmful algal blooms and hypoxia events, 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. 952, the Harmful Algal Blooms and Hypoxia
Research and Control Amendments Act of 2009, is to reauthorize
and amend the Harmful Algal Bloom and Hypoxia Research and
Control Act of 1998. This bill would authorize and enhance the
continuing work of the Inter-Agency Task Force on Harmful Algal
Blooms and Hypoxia. It would integrate and improve coordination
among the individual harmful algal bloom (HAB) programs within
the National Oceanic and Atmospheric Administration (NOAA). It
would facilitate the identification and consideration of
regional, State, and local needs in prioritizing research and
developing products and tools to aid decision-making. It would
also promote the transition of research products into
implementable actions to predict, prevent, monitor, and
mitigate HAB and hypoxia events, thereby minimizing the
economic, ecologic, and human health impacts caused by such
events.
Background and Needs
An algal bloom occurs when a single algal species multiplies
until it dominates the microscopic plant (phytoplankton)
community. A HAB occurs when algae produce toxic or harmful
effects on people, fish, shellfish, marine mammals and birds.
HABs are increasingly impacting marine and freshwaters of the
United States as well as other countries. The impacts include:
human illness and mortality due to direct or indirect exposure
to toxins; economic hardship for coastal communities dependent
on seafood and tourism; fish, bird, and marine mammal deaths;
and ecological damage. HABs are pervasive, affecting multiple
regions, resources, and sectors of the economy. Thirty years
ago, HAB problems were sporadic and scattered throughout the
country; today, virtually every state is threatened by harmful
or toxic algal blooms. According to a recent NOAA report, the
United States seafood and tourism industries suffer annual
losses of $82 million due to economic impacts of harmful algal
blooms.
A number of factors contribute to the increasing occurrence
of HABs. Marine transportation may contribute to the global HAB
expansion by transporting species in ballast water. Global
climate change, increased nonpoint source nutrient runoff from
urban and agricultural activities, and increases in aquaculture
activities also may contribute to HAB expansion. Increased
nutrient loads to coastal waters may stimulate the growth of
algae populations, which can initiate a HAB event. Some
scientists argue that the nutrients channeled to coastal waters
by human activities are delivered in proportions that differ
from naturally occurring ratios, creating conditions that favor
the rapid growth and high concentration of harmful algal
populations. Other new bloom events may reflect indigenous
algae populations that were discovered because of better
detection methods. More research is necessary to determine what
controls the development of HABs.
Hypoxia refers to a depressed concentration of dissolved
oxygen in water. Most forms of aquatic life require a certain
level of dissolved oxygen for survival, and when deficiencies
arise, hypoxia, or ``dead zones,'' can occur in the water
column. Hypoxia events are natural phenomena, but they can be
intensified and made more frequent and expansive by some human
activities such as eutrophic conditions caused by increased
nutrient loading. Hypoxic areas are more widespread during the
summer, when they may drive out or kill marine animal life, and
usually dissipate by winter. Over half of U.S. estuaries
experience natural or human-induced hypoxic conditions at some
time each year and the frequency and duration of hypoxic events
have increased exponentially over the last few decades. Hypoxia
is now a persistent problem in the Gulf of Mexico, Puget Sound,
Chesapeake Bay, Lake Erie, Narragansett Bay, and many other
fresh water bodies and marine areas of recreational and
commercial importance. The largest domestic hypoxic area is in
the northern Gulf of Mexico near the mouth of the Mississippi
River. Wherever it appears, hypoxia significantly impairs
fisheries production and ecosystem function.
Hypoxic areas frequently occur in coastal waters where rivers
enter the ocean. Fresh water is less dense than saltwater and
typically flows across the top of the sea water. The fresh
surface water effectively ``caps'' the more dense, saline
bottom waters. This retards mixing, which creates a two-layer
system and promotes hypoxia development in the lower, more
saline waters. Hypoxic conditions can be exacerbated by high
concentrations of nutrients delivered to the ocean in river
water. These nutrients promote primary productivity that, in
addition to causing HAB outbreaks, contributes to hypoxia by
consuming oxygen in the surface water. Hypoxia is more likely
to occur in estuaries with high nutrient loading and low
flushing.
Hypoxia research is necessary to help provide tools for
coastal resource managers to use to assess alternative
management strategies for preventing or mitigating the impacts
of hypoxia on coastal ecosystems. Understanding the causes of
hypoxia, developing the capability to predict its occurrence in
response to varying levels of anthropogenic stress, and
evaluating the subsequent ecological, economic, and social
impacts are necessary to assess management alternatives.
The Harmful Algal Bloom and Hypoxia Research and Control Act
(HABHRCA) was signed into law on November 13, 1998. This Act
recognized that many of our nation's coastal areas suffer from
harmful algal blooms and hypoxia each year, threatening coastal
ecosystems and fisheries and endangering human health. To
respond to these concerns, the Act established an Inter-Agency
Task Force on Harmful Algal Blooms and Hypoxia and mandated the
formulation of the following three national assessments: a
National Assessment on Harmful Algal Blooms; a National
Assessment on Hypoxia; and an Assessment and a Plan for Hypoxia
in the Gulf of Mexico. These assessments--and the continuing
occurrence of HAB and hypoxia events--demonstrate the need for
ongoing work in predicting, monitoring, and mitigating these
potentially dangerous events.
HABHRCA was reauthorized with passage of the Harmful Algal
Bloom and Hypoxia Amendments Act of 2004 (2004 Act), which was
signed into law on December 10, 2004. The 2004 Act enhanced the
reporting requirements of the previous legislation, mandating
an evaluation of efforts to protect the public from adverse
impacts of HABs, as well as regional scientific assessments of
the impacts of HABs and hypoxia, including a separate report on
freshwater HABs. The 2004 Act further called for Scientific
Assessments of both HABs and hypoxia to establish priorities
for determining the causes, consequences, and costs of these
phenomena and assessing the progress being made under the
existing programs. The 2004 Act also authorized appropriations
for fiscal years 2005-2008.
Summary of Provisions
S. 952 would reauthorize and amend HABHRCA, with the
overarching goal of building upon the Nation's efforts to
research and monitor HABs and hypoxia and taking steps to
develop and carry out actions to predict more accurately, to
mitigate, and to control outbreaks. It also would encourage
greater collaboration among Federal agencies with a role in HAB
and hypoxia research by establishing an interagency National
Harmful Algal Bloom and Hypoxia Program (Program), overseen by
the existing Task Force and with NOAA as its lead agency. The
Program would promote a unified national strategy to
understand, predict, mitigate, and control HABs and hypoxia. As
the lead agency within the Program, NOAA would maintain and
enhance its existing programs, and establish a Mitigation and
Control of Harmful Algal Blooms Program.
S. 952 would take additional steps to encourage regional
efforts to deal with HABs and hypoxia. It would require the
Regional Research and Action Plans to be developed by the
Program in conjunction with regional panels of experts. Each
Regional Research and Action Plan (RRAP) would address the
specific needs of regions within the United States, including
identification of regional priorities for research, technology,
and recommended actions.
S. 952 would update reporting requirements first established
in the 2004 Act, and establish a pilot program for freshwater
HABs to enhance our Nation's research on this emerging source
of HAB activity.
Finally, S. 952 would update funding authorization levels for
fiscal years 2010-2104, including setting aside specific funds
for development of the RRAPs and the freshwater HABs pilot
program.
Legislative History
S. 952 was introduced by Senator Snowe on May 1, 2009, with
Senators Nelson, Cantwell, Levin, Vitter, Cardin, Landrieu, and
Boxer as original cosponsors. Senators Kerry, Collins, Begich,
Burris, Whitehouse, and Mikulski subsequently signed on as
cosponsors. The bill was referred to the Senate Committee on
Commerce, Science, and Transportation. On August 5, 2009, the
Committee considered a manager's amendment to this bill in an
open executive session. The Committee, without objection,
ordered S. 952 be reported favorably as amended.
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:
September 2, 2009.
Hon. John D. Rockefeller IV,
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. 952, the Harmful Algal Blooms and Hypoxia
Research and Control Amendments Act of 2009.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeff LaFave.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 952--Harmful Algal Blooms and Hypoxia Research and Control
Amendments Act of 2009
Summary: S. 952 would amend current law to attempt to
reduce the effects of harmful algal blooms and hypoxia (reduced
oxygen level) in certain bodies of water. The bill would
authorize the appropriation of $40 million a year over the
2010-2014 period for a National Oceanic and Atmospheric
Administration (NOAA) program to mitigate the effects of
harmful algal blooms and hypoxia. Assuming appropriation of the
necessary and authorized amounts, CBO estimates that
implementing the legislation would cost $171 million over the
2010-2014 period and $24 million after 2014.
S. 952 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.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 952 is shown in the following table. The
costs of this legislation fall within budget function 300
(natural resources and environment).
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year in millions of dollars--
---------------------------------------------------------------------------------------------------------------------------
2009 2010 2011 2012 2013 2014 2009-2014
--------------------------------------------------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATIONSpending Under Current Law:a
Budget Authority/ 12 30 0 0 0 0 42
Authorization Level....
Estimated Outlays....... 12 20 6 4 0 0 42
Proposed Changes:
Mitigation Program:
Authorization Level. 0 10 40 40 40 40 170
Estimated Outlays... 0 7 28 35 39 40 149
Pilot Programs:
Estimated 0 5 5 5 5 5 25
Authorization Level
Estimated Outlays... 0 3 4 5 5 5 22
Subtotal:
Estimated 0 15 45 45 45 45 195
Authorization
Level..........
Estimated 0 10 32 40 44 45 171
Outlays........
Spending Under S. 952:
Budget Authority/ 12 45 45 45 45 45 237
Estimated Authorization
Level..................
Estimated Outlays....... 12 30 38 44 44 45 213
--------------------------------------------------------------------------------------------------------------------------------------------------------
aThe 2009 level is the amount appropriated for that year; $30 million is authorized to be appropriated in 2010 for this program under current law.
Basis of estimate: For this estimate, CBO assumes that S.
952 will be enacted near the end of fiscal year 2009 and that
the authorized and necessary amounts will be appropriated each
year. Estimated outlays are based on historical spending
patterns for similar NOAA programs.
S. 952 would authorize the appropriation of $40 million a
year over the 2010-2014 period for a NOAA program to mitigate
the effects of harmful algal blooms and hypoxia in coastal
waters and the Great Lakes. (In 2010, $30 million is authorized
to be appropriated for this program under current law.) The
bill would direct NOAA to enhance several existing grant
programs and establish at least two new programs related to
algal blooms and hypoxia. The bill also would require NOAA to
oversee and coordinate regional efforts to address related
problems. Finally, the bill would require NOAA to submit
biennial and five-year reports to Congress describing the
activities of the program.
Additionally, S. 952 would direct an interagency task force
to establish a pilot program to research the occurrence of
harmful algal blooms and hypoxia in freshwater systems. Based
on information from NOAA, CBO estimates that implementing the
pilot program would cost $22 million over the 2010-2014 period
and $3 million after 2014.
Assuming appropriation of the necessary and authorized
amounts, CBO estimates that implementing S. 952 would cost $171
million over the 2010-2014 period and $24 million after 2014.
Intergovernmental and private-sector impact: S. 952
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal Costs: Jeff LaFave; Impact on
State, Local, and Tribal Governments: Ryan Miller; Impact on
the Private Sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy 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 would require the enhancement of programs
intended to detect, mitigate, and control HABs and hypoxia. It
does not authorize any new regulations and therefore will not
subject any individuals or businesses to new regulations.
ECONOMIC IMPACT
Section 8 of the reported bill authorizes $40 million for
each of fiscal years 2010 through 2014 to NOAA to implement the
National Harmful Algal Bloom and Hypoxia Program, of which up
to $10,000,000 per year would be allocated to the creation of
RRAPs. Considering the potential cost savings and economic
return on a program to enhance the Nation's efforts to detect,
mitigate, and control HABs and hypoxia, these funding levels
are not expected to have a significant impact on the Nation's
economy.
PRIVACY
The reported bill would not have any adverse impact on the
personal privacy of individuals.
PAPERWORK
S. 952 would not impose any new paperwork requirements on
private citizens, businesses, or other entities that do not
choose to participate in a regional coastal and ocean
observation association; representatives of entities choosing
to participate in these associations may be subject to some
additional paperwork requirements.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short Title and Table of Contents
Section 1 would title the bill the Harmful Algal Blooms and
Hypoxia Research and Control Amendments Act of 2009. This
section would also contain the Table of Contents.
Section 2. Amendment of Harmful Algal Bloom and Hypoxia Research and
Control Act of 1998
Section 2 would state that any reference in this title to an
amendment or repeal would be to the Harmful Algal Bloom and
Hypoxia Research and Control Act of 1998, unless otherwise
specified.
Section 3. Findings
Section 3 would revise the bill's findings to recognize the
increasing frequency and intensity of HABs and hypoxia, and
that excessive nutrients in coastal waters has contributed to
this increase. It would also recognize NOAA's role in HAB
research and management, the adverse economic effects HABs and
hypoxia have imposed on coastal states and communities, and
that global climate change may exacerbate their occurrence.
Finally, it would recognize that since the 1998 passage of
HABHRCA, research has led to numerous technological advances
providing essential decision-making tools for resource managers
and stakeholders.
Section 4. Purpose
Section 4 would add a purpose section to the bill specifying
that the purposes of this Act are to develop a comprehensive
and integrated national program to address HABs and hypoxia; to
provide for the assessment of environmental, socio-economic,
and human health impacts of HABs and hypoxia on a regional and
national scale; and to facilitate regional, State, and local
efforts to develop and implement appropriate HAB and hypoxia
response plans, strategies, and tools.
Section 5. Interagency Task Force on Harmful Algal Blooms and Hypoxia
Section 5 would elevate Task Force membership to consist of
representatives of the offices of the Secretary or the head of
the agency from each department or agency represented on the
Task Force. This section would also amend HABHRCA's existing
report section by deleting requirements for reports that have
already been issued.
Section 6. National Harmful Algal Bloom and Hypoxia Program
Section 6 would establish and maintain the Program. The Task
Force would develop an action strategy for the Program and
would also serve as its oversight body. It would coordinate all
interagency responsibilities, including reviewing and assessing
interagency work, spending plans, and required reports;
reviewing distribution of Federal grants; supporting
implementation of the RRAPs; and promoting development of new
technologies. The Task Force would also be responsible for
appointing a general advisory committee consisting of
representative experts intended to provide recommendations to
the Task Force and support its interagency functions.
NOAA would be the lead Federal agency charged with
administering the Program, and promoting its national strategy.
S. 952 would also stipulate specific responsibilities for the
Program including: preparing interagency work and spending
plans and coordinating interagency activities, including with
the State Department on international efforts; administering
merit-based, competitive grant funding; coordinating with
State, local, tribal, and other entities to address HABs and
hypoxia; coordinating outreach, education, and training
programs; training of State and local resource managers; and
supporting regional efforts to control and mitigate outbreaks.
NOAA would also maintain and enhance its existing, internal
programs (the Ecology and Oceanography of Harmful Algal Blooms
Program, the Monitoring and Event Response for Harmful Algal
Blooms Program, the Northern Gulf of Mexico Ecosystems and
Hypoxia Assessment Program, the Coastal Hypoxia Research
Program, and other relevant NOAA programs). It also would
establish a Mitigation and Control of Harmful Algal Blooms
Program and other programs as necessary; and work together with
other relevant offices and organizations on managing data,
products, and infrastructure.
Section 7. Regional Research and Action Plans
Section 7 would call for the development and implementation
of RRAPs overseen by the Program. The Program would also
identify appropriate regional boundaries.
Section 7(b) specifies that the Program would convene a panel
of experts for each region. The panel would include State
coastal management and planning officials; water management and
watershed officials from both coastal states and non coastal
states with water resources that drain into water bodies
affected by harmful algal blooms; public health officials;
emergency management officials; nongovernmental organizations;
science and technology development institutions; economists;
affected industries and businesses; expert scientists from
academic institutions; and other appropriate stakeholders. It
also would specify that panels shall be convened in at least 1/
3 of the regions within the first 9 months after enactment; in
at least 2/3 of the regions within 21 months of enactment; and
in the remaining regions within 33 months of enactment. Each
panel would then reconvene at least every 5 years after the
date it was initially convened.
Section 7(c) would require each regional panel of experts to
develop a Regional Research and Action Plan for its region. The
RRAP would include baseline ecological, social, and economic
research; regional priorities; research needed to develop and
advance technologies; State and local government actions that
may be implemented; mechanisms by which data and products are
transferred between entities; communication, outreach, and
information dissemination strategies; and appropriate pilot
projects.
Section 7(d) would establish timelines for the development of
RRAPs, specifically that within 12 months of the convening of a
regional panel, its RRAP must be completed and approved by the
Program. Each regional plan would have to be updated at least
every 5 years.
Under section 7(e), the Program would have to develop
mechanisms to administer funding for RRAP development to
eligible organizations through a merit-based, competitive
process. This section also would define ``eligible
organizations''.
Section 7(f) would establish that if the need should arise
(due to an emergent need or threat) to revise an RRAP prior to
its scheduled review, the Program would notify the Task Force
and convene the appropriate regional panel.
Section 8. Reporting
This section would update reporting requirements to reflect
the completion of reports called for under existing law. The
bill would require biennial reports to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committees on Science and Technology and on
Natural Resources describing activities, budgets, and progress
of the program, the proceedings of the annual Task Force
meeting, and the status, activities, and funding of the RRAPs.
The bill would also require the Task Force to submit reports
once every five years to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committees on Science and Technology and on Natural Resources.
These reports would evaluate the state of knowledge on HABs and
hypoxia, their social and economic impacts and the strategies
to deal with them; examine and evaluate their human health
impacts; describe advances in capabilities for their
monitoring, forecasting, modeling, control, mitigation, and
prevention; evaluate progress made by, and the needs of,
Federal, regional, State, and local policies and strategies,
including the economic costs and benefits of such policies and
strategies; make recommendations for integrating, improving,
and funding future national, regional, State, and local
policies and strategies; and describe communication, outreach,
and education efforts intended to increase public awareness.
Section 9. Northern Gulf of Mexico Hypoxia
Section 9 would direct the Mississippi River/Gulf of Mexico
Watershed Nutrient Task Force to complete annual progress
reports for each of the years from 2009 through 2013. These
annual reports will describe the progress made by the Task
Force-directed activities toward attainment of the Coastal Goal
of the Gulf Hypoxia Action Plan of 2008. This section would
also require the Task Force to complete and submit to Congress
and the President a Five Year Report on status of the Coastal
Goal of the Gulf Hypoxia Action Plan of 2008.
Section 10. Pilot Program for Freshwater Harmful Algal Blooms and
Hypoxia
Section 10 would direct the Task Force to establish a
collaborative pilot program to examine harmful algal blooms and
hypoxia in freshwater systems. The pilot program would assess
the issues associated with harmful algal blooms and hypoxia;
research the efficacy of mitigation measures; and recommend
potential management solutions. The Task Force would also be
directed to assess the effectiveness of the pilot program and
make the findings available to the public.
Section 11. Interagency Financing
Section 11 would allow agencies represented on the Task Force
to participate in interagency financing to carry out programs
under this bill.
Section 12. Application with other Laws
Section 12 would ensure that nothing in this title supersedes
or limits the authority of any agency to carry out its
responsibilities and missions under other laws.
Section 13. Definitions
Section 13 would define the terms: ``Administrator'';
``Harmful Algal Bloom''; ``Hypoxia''; ``NOAA''; ``Program'';
``Regional Research and Action Plan''; ``Secretary''; ``Task
Force''; and ``United States Coastal Waters''.
Section 14. Authorization of Appropriations
Section 14 would authorize $40 million to NOAA for each of
fiscal years 2010 through 2014, of which up to $10 million each
year would be allocated for the RRAPs. Of these appropriations,
the Secretary shall ensure a substantial portion shall be
allocated to extramural research activities. Finally, this
section would authorize NOAA to make available, out of funds
appropriated to NOAA, such funds as necessary to carry out the
pilot program established under section 603C.
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):
Harmful Algal Bloom and Hypoxia Research and Control Act of 1998
[16 U.S.C. 1451 note]
TITLE VI--HARMFUL ALGAL BLOOMS AND HYPOXIA
SECTION 601. SHORT TITLE.
This title may be cited as the ``Harmful Algal Bloom and
Hypoxia Research and Control Act of 1998''.
[SEC. 602. FINDINGS.
[The Congress finds that--
[(1) the recent outbreak of the harmful microbe
Pfiesteria piscicida in the coastal waters of the
United States is one example of potentially harmful
algal blooms composed of naturally occurring species
that reproduce explosively and that are increasing in
frequency and intensity in the Nation's coastal waters;
[(2) other recent occurrences of harmful algal blooms
include red tides in the Gulf of Mexico and the
Southeast; brown tides in New York and Texas; ciguatera
fish poisoning in Hawaii, Florida, Puerto Rico, and the
United States Virgin Islands; and shellfish poisonings
in the Gulf of Maine, the Pacific Northwest, and the
Gulf of Alaska;
[(3) in certain cases, harmful algal blooms have
resulted in fish kills, the deaths of numerous
endangered West Indian manatees, beach and shellfish
bed closures, threats to public health and safety, and
concern among the public about the safety of seafood;
[(4) according to some scientists, the factors
causing or contributing to harmful algal blooms may
include excessive nutrients in coastal waters, other
forms of pollution, the transfer of harmful species
through ship ballast water, and ocean currents;
[(5) harmful algal blooms may have been responsible
for an estimated $1,000,000,000 in economic losses
during the past decade;
[(6) harmful algal blooms and blooms of non-toxic
algal species may lead to other damaging marine
conditions such as hypoxia (reduced oxygen
concentrations), which are harmful or fatal to fish,
shellfish, and benthic organisms;
[(7) according to the National Oceanic and
Atmospheric Administration in the Department of
Commerce, 53 percent of United States estuaries
experience hypoxia for at least part of the year and a
7,000 square mile area in the Gulf of Mexico off
Louisiana and Texas suffers from hypoxia;
[(8) according to some scientists, a factor believed
to cause hypoxia is excessive nutrient loading into
coastal waters;
[(9) there is a need to identify more workable and
effective actions to reduce nutrient loadings to
coastal waters;
[(10) the National Oceanic and Atmospheric
Administration, through its ongoing research,
education, grant, and coastal resource management
programs, possesses a full range of capabilities
necessary to support a near and long-term comprehensive
effort to prevent, reduce, and control harmful algal
blooms and hypoxia;
[(11) funding for the research and related programs
of the National Oceanic and Atmospheric Administration
will aid in improving the Nation's understanding and
capabilities for addressing the human and environmental
costs associated with harmful algal blooms and hypoxia;
and
[(12) other Federal agencies such as the
Environmental Protection Agency, the Department of
Agriculture, and the National Science Foundation, along
with the States, Indian tribes, and local governments,
conduct important work related to the prevention,
reduction, and control of harmful algal blooms and
hypoxia.]
SEC. 602. FINDINGS.
The Congress finds the following:
(1) Harmful algal blooms and hypoxia are increasing
in frequency and intensity in the Nation's coastal
waters and Great Lakes and pose a threat to the health
of coastal and Great Lakes ecosystems, are costly to
coastal economies, and threaten the safety of seafood
and human health.
(2) Excessive nutrients in coastal waters have been
linked to the increased intensity and frequency of
hypoxia and some harmful algal blooms and there is a
need to identify more workable and effective actions to
reduce the negative impacts of harmful algal blooms and
hypoxia on coastal waters.
(3) NOAA, through its ongoing research, monitoring,
observing, education, grant, and coastal resource
management programs and in collaboration with the other
Federal agencies, on the Interagency Task Force, along
with States, Indian tribes, and local governments,
possesses capabilities necessary to support a near and
long-term comprehensive effort to prevent, reduce, and
control the human and environmental costs of harmful
algal blooms and hypoxia.
(4) Harmful algal blooms and hypoxia can be triggered
and exacerbated by increases in nutrient loading from
point and non-point sources, much of which originates
in upland areas and is delivered to marine and
freshwater bodies via river discharge, thereby
requiring integrated and landscape-level research and
control strategies.
(5) Harmful algal blooms and hypoxia affect many
sectors of the coastal economy, including tourism,
public health, and recreational and commercial
fisheries; and according to a recent report produced by
NOAA, the United States seafood and tourism industries
suffer annual losses of $82 million due to economic
impacts of harmful algal blooms.
(6) Global climate change and its effect on oceans
and the Great Lakes may ultimately affect harmful algal
bloom and hypoxic events.
(7) Proliferations of harmful and nuisance algae can
occur in all United States waters, including coastal
areas and estuaries, the Great Lakes, and inland
waterways, crossing political boundaries and
necessitating regional coordination for research,
monitoring, mitigation, response, and prevention
efforts.
(8) Following passage of the Harmful Algal Bloom and
Hypoxia Research and Control Act of 1998, federally
funded and other research has led to several
technological advances, including remote sensing,
molecular and optical tools, satellite imagery, and
coastal and ocean observing systems, that provide data
for forecast models, improve the monitoring and
prediction of these events, and provide essential
decisionmaking tools for managers and stakeholders.
SEC. 602A. PURPOSES.
The purposes of this title are--
(1) to provide for the development and coordination
of a comprehensive and integrated national program to
address harmful algal blooms and hypoxia through
baseline research, monitoring, prevention, mitigation,
and control;
(2) to provide for the assessment of environmental,
socio-economic, and human health impacts of harmful
algal blooms and hypoxia on a regional and national
scale, and to integrate that assessment into marine and
freshwater resource decisions; and
(3) to facilitate regional, State, tribal, and local
efforts to develop and implement appropriate harmful
algal bloom and hypoxia response plans, strategies, and
tools including outreach programs and information
dissemination mechanisms.
SEC. 602B. REGIONAL RESEARCH AND ACTION PLANS.
(a) In General.--The Program shall--
(1) oversee the development and implementation of
Regional Research and Action Plans; and
(2) identify appropriate regions and sub-regions to
be addressed by each Regional Research and Action Plan.
(b) Regional Panels of Experts.--
(1) In general.--In accordance with the schedule set
forth in paragraph (2), the Program shall convene a
panel of experts for each region identified under
subsection (a)(2) from among--
(A) State coastal management and planning
officials;
(B) tribal resource management officials;
(C) 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;
(D) public health officials;
(E) emergency management officials;
(F) nongovernmental organizations concerned
with marine and aquatic issues;
(G) science and technology development
institutions;
(H) economists;
(I) industries and businesses affected by
coastal and freshwater harmful algal blooms and
hypoxia;
(J) scientists, with expertise concerning
harmful algal blooms or hypoxia, from academic
or research institutions; and
(K) other stakeholders as appropriate.
(2) Schedule.--The Program shall--
(A) convene panels in at least \1/3\ of the
regions within 9 months after the date of
enactment of the Harmful Algal Blooms and
Hypoxia Research and Control Amendments Act of
2009;
(B) convene panels in at least \2/3\ of the
regions within 21 months after such date;
(C) convene panels in the remaining regions
within 33 months after such date; and
(D) reconvene each panel at least every 5
years after the date on which it was initially
convened.
(c) Plan Development.--Each regional panel of experts shall
develop a Regional Research and Action Plan for its respective
region and submit it to the Task Force for approval. The Plan
shall identify appropriate elements for the region, including--
(1) baseline ecological, social, and economic
research needed to understand the biological, physical,
and chemical conditions that cause, exacerbate, and
result from harmful algal blooms and hypoxia;
(2) regional priorities for ecological and socio-
economic research on issues related to, and impacts of,
harmful algal blooms and hypoxia;
(3) research needed to develop and advance
technologies for improving capabilities to predict,
monitor, prevent, control, and mitigate harmful algal
blooms and hypoxia;
(4) State, tribal, and local government actions that
may be implemented--
(A) to support long-term monitoring efforts
and emergency monitoring as needed;
(B) to minimize the occurrence of harmful
algal blooms and hypoxia;
(C) to reduce the duration and intensity of
harmful algal blooms and hypoxia in times of
emergency;
(D) to address human health dimensions of
harmful algal blooms and hypoxia; and
(E) to identify and protect vulnerable
ecosystems that could be, or have been,
affected by harmful algal blooms and hypoxia;
(5) mechanisms by which data and products are
transferred between the Program and State and local
governments and research entities;
(6) communication, outreach and information
dissemination efforts that State and local governments
and nongovernmental organizations can undertake to
educate and inform the public concerning harmful algal
blooms and hypoxia and alternative coastal resource-
utilization opportunities that are available; and
(7) pilot projects, if appropriate, that may be
implemented on local, State, and regional scales to
address the research priorities and response actions
identified in the Plan.
(d) Plan Timelines; Updates.--The Program shall ensure that
Regional Research and Action Plans developed under this section
are--
(1) completed and approved by the Program within 12
months after the date on which a regional panel is
convened or reconvened under subsection (b)(2); and
(2) updated no less frequently than once every 5
years.
(e) Funding.--
(1) In general.--Subject to available appropriations,
the Program shall make funding available to eligible
organizations to implement the research, monitoring,
forecasting, modeling, and response actions included
under each approved Regional Research and Action Plan.
The Program shall select recipients through a merit-
based, competitive process and seek to fund research
proposals that most effectively align with the research
priorities identified in the relevant Regional Research
and Action Plan.
(2) Application; assurances.--Any organization
seeking funding under this subsection shall submit an
application to the Program at such time, in such form
and manner, and containing such information and
assurances as the Program may require. The Program
shall require any organization receiving funds under
this subsection to utilize the mechanisms described in
subsection (c)(5) to ensure the transfer of data and
products developed under the Plan.
(3) Eligible organization.--In this subsection, the
term `eligible organization' means--
(A) an institution of higher education, other
non-profit organization, State, tribal, and
local government, commercial organization, or
Federal agency that meets the requirements of
this section and such other requirements as are
established by the Secretary; and
(B) with respect to nongovernmental
organizations, an organization that is subject
to regulations promulgated or guidelines issued
to carry out this section, including United
States audit requirements that are applicable
to nongovernmental organizations.
(f) Intermediate Reviews.--If the Program determines that an
intermediate review is necessary to address emergent needs in
harmful algal blooms and hypoxia under a Regional Research and
Action Plan, it shall notify the Task Force and reconvene the
relevant regional panel of experts for the purpose of revising
the Regional Research and Action Plan so as to address the
emergent threat or need.''.
SEC. 603. ASSESSMENTS.
(a) Establishment of Inter-Agency Task Force.--The President,
through the Committee on Environment and Natural Resources of
the National Science and Technology Council, shall establish an
Inter-Agency Task Force on Harmful Algal Blooms and [Hypoxia
(hereinafter referred to as the ``Task Force'').] Hypoxia. [The
Task Force shall consist of the following representatives
from--] The Task Force shall consist of representatives of the
Office of the Secretary from each of the following departments
and of the office of the head of each of the following Federal
agencies:
(1) [the] The Department of Commerce (who shall serve
as Chairman of the Task [Force);] Force.
(2) [the] The Environmental Protection [Agency;]
Agency.
(3) [the] The Department of [Agriculture;]
Agriculture.
(4) [the] The Department of the [Interior;] Interior.
(5) [the] The Department of the [Navy;] Navy.
(6) [the] The Department of Health and Human
[Services;] Services.
(7) [the] The National Science [Foundation;]
Foundation.
(8) [the] The National Aeronautics and Space
[Administration;] Administration.
(9) [the] The Food and Drug [Administration;]
Administration.
(10) [the] The Office of Science and Technology
[Policy;] Policy.
(11) [the] The Council on Environmental [Quality;
and] Quality.
(12) The Centers for Disease Control.
[(12) such other] (13) Other Federal agencies as the
President considers appropriate.
(b) Assessment of Harmful Algal Blooms.--
(1) Not later than 12 months after the date of the
enactment of this title, the Task Force, in cooperation
with the coastal States, Indian tribes, and local
governments, industry (including agricultural
organizations), academic institutions, and non-
governmental organizations with expertise in coastal
zone management, shall complete and submit to the
Congress an assessment which examines the ecological
and economic consequences of harmful algal blooms,
alternatives for reducing, mitigating, and controlling
harmful algal blooms, and the social and economic costs
and benefits of such alternatives.
(2) The assessment shall--
(A) identify alternatives for preventing
unnecessary duplication of effort among Federal
agencies and departments with respect to
harmful algal blooms; and
(B) provide for Federal cooperation and
coordination with and assistance to the coastal
States, Indian tribes, and local governments in
the prevention, reduction, management,
mitigation, and control of harmful algal blooms
and their environmental and public health
impacts.
(c) Assessment of Hypoxia.--
(1) Not later than 12 months after the date of the
enactment of this title, the Task Force, in cooperation
with the States, Indian tribes, local governments,
industry, agricultural, academic institutions, and non-
governmental organizations with expertise in watershed
and coastal zone management, shall complete and submit
to the Congress an assessment which examines the
ecological and economic consequences of hypoxia in
United States coastal waters, alternatives for
reducing, mitigating, and controlling hypoxia, and the
social and economic costs and benefits of such
alternatives.
(2) The assessment shall--
(A) establish needs, priorities, and
guidelines for a peer-reviewed, interagency
research program on the causes,
characteristics, and impacts of hypoxia;
(B) identify alternatives for preventing
unnecessary duplication of effort among Federal
agencies and departments with respect to
hypoxia; and
(C) provide for Federal cooperation and
coordination with and assistance to the States,
Indian tribes, and local governments in the
prevention, reduction, management, mitigation,
and control of hypoxia and its environmental
impacts.
(d) Report to Congress on Harmful Algal Bloom Impacts.--
(1) Development.--Not later than 12 months after the
date of enactment of the Harmful Algal Bloom and
Hypoxia Amendments Act of 2004, the President, in
consultation with the chief executive officers of the
States, shall develop and submit to the Congress a
report that describes and evaluates the effectiveness
of measures described in paragraph (2) that may be
utilized to protect environmental and public health
from impacts of harmful algal blooms. In developing the
report, the President shall consult with the Task
Force, the coastal States, Indian tribes, local
governments, appropriate industries (including
fisheries, agriculture, and fertilizer), academic
institutions, and nongovernmental organizations with
expertise in coastal zone science and management, and
also consider the scientific assessments developed
under this Act.
(2) Requirements.--The report shall--
(A) review techniques for prediction of the
onset, course, and impacts of harmful algal
blooms including evaluation of their accuracy
and utility in protecting environmental and
public health and provisions for their
development;
(B) identify innovative research and
development methods for the prevention,
control, and mitigation of harmful algal blooms
and provisions for their development; and
(C) include incentive-based partnership
approaches regarding subparagraphs (A) and (B)
where practicable.
(3) Publication and opportunity for comment.--At
least 90 days before submitting the report to the
Congress, the President shall cause a summary of the
proposed plan to be published in the Federal Register
for a public comment period of not less than 60 days.
(4) Federal assistance.--The Secretary of Commerce,
in coordination with the Task Force and to the extent
of funds available, shall provide for Federal
cooperation with and assistance to the coastal States,
Indian tribes, and local governments regarding the
measures described in paragraph (2), as requested.
(e) Local and Regional Scientific Assessments.--
(1) In general.--The Secretary of Commerce, in
coordination with the Task Force and appropriate State,
Indian tribe, and local governments, to the extent of
funds available, shall provide for local and regional
scientific assessments of hypoxia and harmful algal
blooms, as requested by States, Indian tribes, and
local governments, or for affected areas as identified
by the Secretary. If the Secretary receives multiple
requests, the Secretary shall ensure, to the extent
practicable, that assessments under this subsection
cover geographically and ecologically diverse locations
with significant ecological and economic impacts from
hypoxia or harmful algal blooms. The Secretary shall
establish a procedure for reviewing requests for local
and regional assessments. The Secretary shall ensure,
through consultation with Sea Grant Programs, that the
findings of the assessments are communicated to the
appropriate State, Indian tribe, and local governments,
and to the general public.
(2) Purpose.--Local and regional assessments shall
examine--
(A) the causes and ecological consequences,
and the economic cost, of hypoxia or harmful
algal blooms in that area;
(B) potential methods to prevent, control,
and mitigate hypoxia or harmful algal blooms in
that area and the potential ecological and
economic costs and benefits of such methods;
and
(C) other topics the Task Force considers
appropriate.
(f) Scientific Assessment of Freshwater Harmful Algal
Blooms.--
(1) Not later than 24 months after the date of
enactment of the Harmful Algal Bloom and Hypoxia
Amendments Act of 2004 the Task Force shall complete
and submit to Congress a scientific assessment of
current knowledge about harmful algal blooms in
freshwater, such as the Great Lakes and upper reaches
of estuaries, including a research plan for
coordinating Federal efforts to better understand
freshwater harmful algal blooms.
(2) The freshwater harmful algal bloom scientific
assessment shall--
(A) examine the causes and ecological
consequences, and the economic costs, of
harmful algal blooms with significant effects
on freshwater, including estimations of the
frequency and occurrence of significant events;
(B) establish priorities and guidelines for a
competitive, peer-reviewed, merit-based
interagency research program, as part of the
Ecology and Oceanography of Harmful Algal
Blooms (ECOHAB) project, to better understand
the causes, characteristics, and impacts of
harmful algal blooms in freshwater locations;
and
(C) identify ways to improve coordination and
to prevent unnecessary duplication of effort
among Federal agencies and departments with
respect to research on harmful algal blooms in
freshwater locations.
(g) Scientific Assessments of Hypoxia.--
(1) Not less than once every 5 years the Task Force
shall complete and submit to the Congress a scientific
assessment of hypoxia in United States coastal waters
including the Great Lakes. The first such assessment
shall be completed not less than 24 months after the
date of enactment of the Harmful Algal Bloom and
Hypoxia Amendments Act of 2004.
(2) The assessments under this subsection shall--
(A) examine the causes and ecological
consequences, and the economic costs, of
hypoxia;
(B) describe the potential ecological and
economic costs and benefits of possible policy
and management actions for preventing,
controlling, and mitigating hypoxia;
(C) evaluate progress made by, and the needs
of, Federal research programs on the causes,
characteristics, and impacts of hypoxia,
including recommendations of how to eliminate
significant gaps in hypoxia modeling and
monitoring data; and
(D) identify ways to improve coordination and
to prevent unnecessary duplication of effort
among Federal agencies and departments with
respect to research on hypoxia.
(h) Scientific Assessments of Harmful Algal Blooms.--
(1) Not less than once every 5 years the Task Force
shall complete and submit to Congress a scientific
assessment of harmful algal blooms in United States
coastal waters. The first such assessment shall be
completed not later than 24 months after the date of
enactment of the Harmful Algal Bloom and Hypoxia
Amendments Act of 2004 and shall consider only marine
harmful algal blooms. All subsequent assessments shall
examine both marine and freshwater harmful algal
blooms, including those in the Great Lakes and upper
reaches of estuaries.
(2) The assessments under this subsection shall--
(A) examine the causes and ecological
consequences, and economic costs, of harmful
algal blooms;
(B) describe the potential ecological and
economic costs and benefits of possible actions
for preventing, controlling, and mitigating
harmful algal blooms;
(C) evaluate progress made by, and the needs
of, Federal research programs on the causes,
characteristics, and impacts of harmful algal
blooms; and
(D) identify ways to improve coordination and
to prevent unnecessary duplication of effort
among Federal agencies and departments with
respect to research on harmful algal blooms.
(i) National Scientific Research, Development, Demonstration,
and Technology Transfer Plan on Reducing Impacts from Harmful
Algal Blooms.--
(1) Not later than 12 months after the date of
enactment of the Harmful Algal Bloom and Hypoxia
Amendments Act of 2004, the Task Force shall develop
and submit to Congress a plan providing for a
comprehensive and coordinated national research program
to develop and demonstrate prevention, control, and
mitigation methods to reduce the impacts of harmful
algal blooms on coastal ecosystems (including the Great
Lakes), public health, and the economy.
(2) The plan shall--
(A) establish priorities and guidelines for a
competitive, peer reviewed, merit based
interagency research, development,
demonstration, and technology transfer program
on methods for the prevention, control, and
mitigation of harmful algal blooms;
(B) identify ways to improve coordination and
to prevent unnecessary duplication of effort
among Federal agencies and departments with
respect to the actions described in paragraph
(1); and
(C) include to the maximum extent practicable
diverse institutions, including Historically
Black Colleges and Universities and those
serving large proportions of Hispanics, Native
Americans, Asian Pacific Americans, and other
underrepresented populations.
(3) The Secretary of Commerce, in conjunction with
other appropriate Federal agencies, shall establish a
research, development, demonstration, and technology
transfer program that meets the priorities and
guidelines established under paragraph (2)(A). The
Secretary shall ensure, through consultation with Sea
Grant Programs, that the results and findings of the
program are communicated to State, Indian tribe, and
local governments, and to the general public.
(j) Biennial Reports.--Every 2 years the Program shall
prepare a report for the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committees
on Science and Technology and on Natural Resources that
describe--
(1) activities, budgets, and progress on implementing
the national harmful algal bloom and hypoxia program;
(2) the proceedings of the annual Task Force
meetings; and
(3) the status, activities, and funding for
implementation of the Regional Research and Action
Plans, including a description of research funded under
the program and actions and outcomes of Plan response
strategies carried out by States.
(k) Quinquennial Reports.--Not less than once every 5 years
after the date of enactment of the Harmful Algal Blooms and
Hypoxia Research and Control Amendments Act of 2009, the Task
Force shall complete and submit a report on harmful algal
blooms and hypoxia in marine and freshwater systems to the
Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committees on Science and
Technology and on Natural Resources. The report shall--
(1) evaluate the state of scientific knowledge of
harmful algal blooms and hypoxia in marine and
freshwater systems, including their causes and
ecological consequences;
(2) evaluate the social and economic impacts of
harmful algal blooms and hypoxia, including their
impacts on coastal communities, and review those
communities' efforts and associated economic costs
related to event forecasting, planning, mitigation,
response, and public outreach and education;
(3) examine and evaluate the human health impacts of
harmful algal blooms and hypoxia, including any gaps in
existing research;
(4) describe advances in capabilities for monitoring,
forecasting, modeling, control, mitigation, and
prevention of harmful algal blooms and hypoxia,
including techniques for, integrating landscape- and
watershed-level water quality information into marine
and freshwater harmful algal bloom and hypoxia
prevention and mitigation strategies at Federal and
regional levels;
(5) evaluate progress made by, and the needs of,
Federal, regional, State, tribal, and local policies
and strategies for forecasting, planning, mitigating,
preventing, and responding to harmful algal blooms and
hypoxia, including the economic costs and benefits of
such policies and strategies;
(6) make recommendations for integrating, improving,
and funding future Federal, regional, State, tribal,
and local policies and strategies for preventing and
mitigating the occurrence and impacts of harmful algal
blooms and hypoxia; and
(7) describe communication, outreach, and education
efforts to raise public awareness of harmful algal
blooms and hypoxia, their impacts, and the methods for
mitigation and prevention.
SEC. 603A. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA PROGRAM.
(a) Establishment.--The President, acting through the
Committee on Natural Resources of the National Science and
Technology Council, shall establish and maintain a national
program for integrating efforts to address harmful algal bloom
and hypoxia research, monitoring, prediction, control,
mitigation, prevention, and outreach.
(b) Action Strategy.--
(1) In general.--The Task Force shall develop a
national harmful algal blooms and hypoxia action
strategy that--
(A) is consistent with the purposes of this
title;
(B) includes a statement of goals and
objectives; and
(C) includes an implementation plan.
(2) Consultation.--In developing the action strategy,
the Task Force shall consult with the HABs and Hypoxia
Advisory Group.
(3) Publication.--Within 12 months after the date of
enactment of the Harmful Algal Blooms and Hypoxia
Research and Control Amendments Act of 2009, the Task
Force shall--
(A) submit the action strategy to the Senate
Committee on Commerce, Science, and
Transportation and the House of Representatives
Committees on Science and Technology and on
Natural Resources; and
(B) publish the action strategy in the
Federal Register.
(4) Periodic revision.--The Task Force shall
periodically review and revise the strategy as
necessary.
(c) Task Force Functions.--The Task Force shall be the
oversight body for the development and implementation of the
national harmful algal bloom and hypoxia program and shall--
(1) coordinate interagency review of plans and
policies of the Program;
(2) assess interagency work and spending plans for
implementing the activities of the Program;
(3) review the Program's distribution of Federal
grants and funding to address research priorities;
(4) support implementation of the actions and
strategies identified in the regional research and
action plans under subsection (d);
(5) support the development of institutional
mechanisms and financial instruments to further the
goals of the program;
(6) expedite the interagency review process and
ensure timely review and dispersal of required reports
and assessments under this title;
(7) promote the development of new technologies for
predicting, monitoring, and mitigating harmful algal
blooms and hypoxia conditions; and
(8) establish such interagency working groups as it
deems necessary.
(d) Advisory Committee.--
(1) In general.--The Task Force shall appoint a
general advisory committee--
(A) consisting of not more than 20
individuals who shall be representative of the
various groups and regions concerned with
harmful algal blooms and hypoxia, including
representatives of nongovernmental
organizations, States, tribes, and educational
institutions; and
(B) providing, to the maximum extent
practicable, an equitable balance among such
groups and regions.
(2) Function.--The general advisory committee shall
provide recommendations to the Task Force on the
development of the national action strategy, including
goals and objectives and support for regional research
and action plans.
(3) FACA not to apply.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
general advisory committee.
(e) Lead Federal Agency.--NOAA shall be the lead Federal
agency for administering the National Harmful Algal Bloom and
Hypoxia Program.
(f) Program Responsibilities.--The Program shall--
(1) promote a national strategy to help communities
understand, detect, predict, control, and mitigate
freshwater and marine harmful algal bloom and hypoxia
events;
(2) plan, coordinate, and implement the National
Harmful Algal Bloom and Hypoxia Program; and
(3) report to the Task Force via the Administrator.
(g) Program Duties.--The Program shall--
(1) prepare work and spending plans for implementing
the activities of the Program and developing and
implementing the Regional Research and Action Plans;
(2) administer merit-based, competitive grant funding
to support the projects maintained and established by
the Program, and to address the research and management
needs and priorities identified in the Regional
Research and Action Plans;
(3) coordinate interagency programs that address
harmful algal blooms and hypoxia and other ocean and
Great Lakes science and management programs and centers
that address the chemical, biological, and physical
components of harmful algal blooms and hypoxia;
(4) coordinate and work cooperatively with other
Federal, State, tribal, and local government agencies
and programs that address harmful algal blooms and
hypoxia;
(5) coordinate with the State Department to support
international efforts on harmful algal bloom and
hypoxia information sharing, research, mitigation, and
control;
(6) coordinate an outreach, education, and training
program that integrates and augments existing programs
to improve public education about and awareness of the
causes, impacts, and mitigation efforts for harmful
algal blooms and hypoxia;
(7) facilitate and provide resources for training of
State, tribal, and local coastal and water resource
managers in the methods and technologies for
monitoring, controlling, and mitigating harmful algal
blooms and hypoxia;
(8) support regional efforts to control and mitigate
outbreaks through--
(A) communication of the contents of the
Regional Research and Action Plans and
maintenance of online data portals for other
information about harmful algal blooms and
hypoxia to State and local stakeholders within
the region for which each plan is developed;
and
(B) overseeing the development, review, and
periodic updating of Regional Research and
Action Plans established under section 602C(b);
(9) convene at least 1 meeting of the Task Force
annually; and
(10) perform such other tasks as may be
delegated by the Task Force.
(h) NOAA Duties.--
(1) Existing programs.--NOAA shall maintain and
enhance the following existing competitive programs:
(A) The Ecology and Oceanography of Harmful
Algal Blooms Program.
(B) The Monitoring and Event Response for
Harmful Algal Blooms Program.
(C) The Northern Gulf of Mexico Ecosystems
and Hypoxia Assessment Program.
(D) The Coastal Hypoxia Research Program.
(E) The Prevention, Control, and Mitigation
of Harmful Algal Blooms Program.
(2) New programs.--NOAA shall establish--
(A) an Event Response Program to coordinate
and enhance event response activities;
(B) an Infrastructure Program to develop and
enhance the critical observations, monitoring,
modeling, data management, information
dissemination, and operational forecasts
required to meet the purposes of this title;
and
(C) such other programs as may be necessary.
(3) Cooperative efforts.--NOAA shall work
cooperatively with other offices, centers, and programs
within NOAA and other agencies represented on the Task
Force, States, tribes, and nongovernmental
organizations concerned with marine and aquatic issues
to coordinate Harmful algal blooms and hypoxia and
related issues, including management of data, products,
for--
(A) compiling, managing, and archiving data
from relevant programs in Task Force member
agencies;
(B) creating data portals for general
education and data dissemination on
centralized, publicly available databases; and
(C) establishing communication routes for
data, predictions, and management tools both to
and from the regions, States, and local
communities.
SEC. 603B. PILOT PROGRAM FOR FRESHWATER HARMFUL ALGAL BLOOMS AND
HYPOXIA.
(a) Pilot Program.--The Task Force shall establish a
collaborative pilot program to examine harmful algal blooms and
hypoxia occurring in freshwater systems, including the Great
Lakes. The pilot program shall--
(1) assess the issues associated with, and impacts
of, harmful algal blooms and hypoxia in freshwater
ecosystems;
(2) research the efficacy of prevention, control, and
mitigation measures, including measures to reduce
nutrient loading; and
(3) recommend potential management solutions.
(b) Report.--The Task Force, in consultation with other
participating Federal agencies, shall conduct an assessment of
the effectiveness of the pilot program in improving freshwater
habitat quality and publish a report, available to the public,
of the results of the assessment.
[SEC. 604. NORTHERN GULF OF MEXICO HYPOXIA.
[(a) Assessment Report.--Not later than May 30, 1999, the
Task Force shall complete and submit to Congress and the
President an integrated assessment of hypoxia in the northern
Gulf of Mexico that examines: the distribution, dynamics, and
causes; ecological and economic consequences; sources and loads
of nutrients transported by the Mississippi River to the Gulf
of Mexico; effects of reducing nutrient loads; methods for
reducing nutrient loads; and the social and economic costs and
benefits of such methods.
[(b) Submission of a Plan.--No later than March 30, 2000, the
President, in conjunction with the chief executive officers of
the States, shall develop and submit to Congress a plan, based
on the integrated assessment submitted under subsection (a),
for reducing, mitigating, and controlling hypoxia in the
northern Gulf of Mexico. In developing such plan, the President
shall consult with State, Indian tribe, and local governments,
academic, agricultural, industry, and environmental groups and
representatives. Such plan shall include incentive-based
partnership approaches. The plan shall also include the social
and economic costs and benefits of the measures for reducing,
mitigating, and controlling hypoxia. At least 90 days before
the President submits such plan to the Congress, a summary of
the proposed plan shall be published in the Federal Register
for a public comment period of not less than 60 days.]
SEC. 604. NORTHERN GULF OF MEXICO HYPOXIA.
(a) Task Force Annual Progress Reports.--For each of the
years from 2009 through 2013, the Mississippi River/Gulf of
Mexico Watershed Nutrient Task Force shall complete and submit
to the Congress and the President an annual report on the
progress made by Task Force-directed activities toward
attainment of the Coastal Goal of the Gulf Hypoxia Action Plan
2008.
(b) Task Force 5-Year Progress Report.--In 2013, that Task
Force shall complete and submit to Congress and the President a
5-year report on the progress made by Task Force-directed
activities toward attainment of the Coastal Goal of the Gulf
Hypoxia Action Plan 2008. The report 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 report
shall include an evaluation of how current policies and
programs affect management decisions, including those made by
municipalities and industrial and agricultural producers,
evaluate lessons learned, and recommend appropriate actions to
continue to implement or, if necessary, revise this strategy.
SEC. 604A. INTERAGENCY FINANCING.
The departments and agencies represented on the Task Force
are authorized to participate in interagency financing and
share, transfer, receive, obligate, and expend funds
appropriated to any member of the Task Force for the purposes
of carrying out any administrative or programmatic project or
activity under this Act, including support for the Program, a
common infrastructure, information sharing, and system
integration for harmful algal bloom and hypoxia research,
monitoring, forecasting, prevention, and control. Funds may be
transferred among such departments and agencies through an
appropriate instrument that specifies the goods, services, or
space being acquired from another Task Force member and the
costs of the same.
[SEC. 605. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated to the Secretary of
Commerce for research, education, and monitoring activities
related to the prevention, reduction, and control of harmful
algal blooms and hypoxia, $15,000,000 for fiscal year 1999,
$18,250,000 for fiscal year 2000, $19,000,000 for fiscal year
2001, $23,500,000 for fiscal year 2005, $24,500,000 for fiscal
year 2006, $25,000,000 for fiscal year 2007, and $30,000,000
for each of fiscal years 2008 through 2010, to remain available
until expended. The Secretary shall consult with the States on
a regular basis regarding the development and implementation of
the activities authorized under this section. Of such amounts
for each fiscal year--
[(1) $1,500,000 for fiscal year 1999, $1,500,000 for
fiscal year 2000, $2,000,000 for fiscal year 2001, and
$2,500,000 for each of fiscal years 2005 through 2010
may be used to enable the National Oceanic and
Atmospheric Administration to carry out research and
assessment activities, including procurement of
necessary research equipment, at research laboratories
of the National Ocean Service and the National Marine
Fisheries Service;
[(2) $4,000,000 for fiscal year 1999, $5,500,000 for
fiscal year 2000, $5,500,000 for fiscal year 2001, and
$6,500,000, of which $1,000,000 shall be used for the
research program described in section 603(f)(2)(B), for
each of fiscal years 2005 through 2010 may be used to
carry out the Ecology and Oceanography of Harmful Algal
Blooms (ECOHAB) project under the Coastal Ocean Program
established under section 201(c) of Public Law 102-567;
[(3) $1,000,000 for fiscal year 1999, $2,000,000 for
fiscal year 2000, $2,000,000 for fiscal year 2001, and
$3,000,000 for each of fiscal years 2005 through 2010
may be used by the National Ocean Service of the
National Oceanic and Atmospheric Administration to
carry out a peer-reviewed research project on
management measures that can be taken to prevent,
reduce, control, and mitigate harmful algal blooms and
to carry out section 603(d);
[(4) $5,500,000 for each of the fiscal years 1999,
2000, 2001, and $6,000,000 for each of fiscal years
2005 through 2010 may be used to carry out Federal and
State annual monitoring and analysis activities for
harmful algal blooms administered by the National Ocean
Service of the National Oceanic and Atmospheric
Administration;
[(5) $3,000,000 for fiscal year 1999, $3,750,000 for
fiscal year 2000, $4,000,000 for fiscal year 2001,
$4,000,000 for fiscal year 2005, $5,000,000 for fiscal
year 2006, $5,500,000 for fiscal year 2007, and
$6,000,000 for each of fiscal years 2008 through 2010
may be used for activities related to research and
monitoring on hypoxia by the National Ocean Service and
the Office of Oceanic and Atmospheric Research of the
National Oceanic and Atmospheric Administration; and
[(6) $1,500,000 for each of fiscal years 2005 through
2010 to carry out section 603(e).]
SEC. 605. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
NOAA to implement the Program under this title $40,000,000 for
each of fiscal years 2010 through 2014, of which up to
$10,000,000 shall be allocated each fiscal year to the creation
of Regional Research and Action Plans required by section 602B.
(b) Extramural Research Activities.--The 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.
(c) Pilot Program.--In addition to any amounts appropriated
pursuant to subsection (a), there are authorized to be
appropriated to NOAA such sums as may be necessary to carry out
the pilot program established under section 603B.
SEC. 605A. DEFINITIONS.
In this Act:
(1) Administrator.--The term `Administrator'' means
the Administrator of the NOAA.
(2) Harmful algal bloom.--The term ``harmful algal
bloom'' means marine and freshwater phytoplankton that
proliferate to high concentrations, resulting in
nuisance conditions or harmful impacts on marine and
aquatic ecosystems, coastal communities, and human
health through the production of toxic compounds or
other biological, chemical, and physical impacts of the
algae outbreak.
(3) Hypoxia.--The term ``hypoxia'' means a condition
where low dissolved oxygen in aquatic systems causes
stress or death to resident organisms.
(4) NOAA.--The term ``NOAA'' means the National
Oceanic and Atmospheric Administration.
(5) Program.--The term ``Program'' means the
Integrated Harmful Algal Bloom and Hypoxia Program
established under section 603A.
(6) Regional research and action plan.--The term
``Regional Research and Action Plan'' means a plan
established under section 602B.
(7) Secretary.--The term ``Secretary'' means the
Secretary of Commerce, acting through NOAA.
(8) Task force.--The term ``Task Force'' means the
Interagency Task Force established by section 603(a).
(9) United states coastal waters.--The term ``United
States coastal waters'' includes the Great Lakes.
SEC. 606. PROTECTION OF STATES' RIGHTS.
(a) Nothing in this title shall be interpreted to adversely
affect existing State regulatory or enforcement power which has
been granted to any State through the Clean Water Act or
Coastal Zone Management Act of 1972.
(b) Nothing in this title shall be interpreted to expand the
regulatory or enforcement power of the Federal Government which
has been delegated to any State through the Clean Water Act or
Coastal Zone Management Act of 1972.
SEC. 607. EFFECT ON OTHER FEDERAL AUTHORITY.
Nothing in this title supersedes or limits the authority of
any agency to carry out its responsibilities and missions under
other laws.