[Senate Report 112-237]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                                 SENATE
 2d Session                                                     112-237
_______________________________________________________________________

                                     

                                                       Calendar No. 542

 
                    HARMFUL ALGAL BLOOMS AND HYPOXIA
                    RESEARCH AND CONTROL AMENDMENTS
                              ACT OF 2011

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1701



                                     

               November 13, 2012.--Ordered to be printed
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                      one hundred twelfth 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
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      JOHNNY ISAKSON, Georgia
MARK PRYOR, Arkansas                 ROY BLUNT, Missouri
CLAIRE McCASKILL, Missouri           JOHN BOOZMAN, Arkansas
AMY KLOBUCHAR, Minnesota             PATRICK J. TOOMEY, Pennsylvania
TOM UDALL, New Mexico                MARCO RUBIO, Florida
MARK WARNER, Virginia                KELLY AYOTTE, New Hampshire
MARK BEGICH, Alaska                  DEAN HELLER, Nevada
                     Ellen Doneski, Staff Director
                   James Reid, Deputy Staff Director
                     John Williams, General Counsel
               Richard Russell, Republican Staff Director
            David Quinalty, Republican Deputy Staff Director
               Rebecca Seidel, Republican General Counsel


                                                       Calendar No. 542
112th Congress                                                   Report
                                 SENATE
 2d Session                                                     112-237

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




HARMFUL ALGAL BLOOMS AND HYPOXIA RESEARCH AND CONTROL AMENDMENTS ACT OF 
                                  2011

                                _______
                                

               November 13, 2012.--Ordered to be printed

                                _______
                                

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

                                 REPORT

                         [To accompany S. 1701]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1701) to amend the Harmful 
Algal Blooms and Hypoxia Research and Control Act of 1998, and 
for other purposes, having considered the same, reports 
favorably thereon with an amendment (in the nature of a 
substitute) and recommends that the bill (as amended) do pass.

                          Purpose of the Bill

  The purpose of S. 1701, the Harmful Algal Blooms and Hypoxia 
Research and Control Amendments Act of 2011, is to reauthorize 
and amend the Harmful Algal Bloom and Hypoxia Research and 
Control Act of 1998 (HABHRCA) (16 U.S.C. 1451 note). This bill 
would authorize and enhance the continuing work of the Inter-
Agency Task Force on Harmful Algal Blooms and Hypoxia (Task 
Force). It would integrate and improve coordination among the 
individual harmful algal bloom (HAB) programs within the 
National Oceanic and Atmospheric Administration (NOAA). It 
would provide for the assessment of environmental, 
socioeconomic, and human health impacts of HABs and hypoxia on 
a regional and national scale, and integrate this assessment 
into marine and freshwater resource decisions. It would 
facilitate appropriate efforts to develop response plans, 
strategies, and tools, including outreach programs and 
information dissemination mechanisms at the regional, State, 
tribal, and local levels. 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, ecological, and human health impacts 
caused by such events.

                          Background and Needs

  Algal blooms occur when environmental conditions promote the 
rapid increase in the population of algae, or phytoplankton, in 
an aquatic system. While algal blooms occur naturally, they are 
increasing in frequency and intensity due to human activities. 
HABs occur when phytoplankton produce toxins and/or cause other 
harmful effects on humans, fish, shellfish, marine mammals, and 
birds. HABs are increasingly impacting marine and freshwater 
systems 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 2006 study, the U.S. seafood and tourism industries suffer 
annual losses of at least $82 million due to economic impacts 
of HABs.\1\ A number of factors contribute to the increasing 
occurrence of HABs, and more research is necessary to determine 
what controls their development.
---------------------------------------------------------------------------
    \1\Hoagland, P., and S. Scatasta. The Economic Effects of Harmful 
Algal Blooms. Ecology of Harmful Algae, E. Graneli and J. Turner, eds. 
Dordrecht, the Netherlands: Springer-Verlag, 2006. Chap. 29. Ecology 
Studies Series.
---------------------------------------------------------------------------
  Hypoxia refers to a depressed concentration of dissolved 
oxygen in water. Most forms of aquatic life require a certain 
range of dissolved oxygen for survival. Hypoxic events are 
natural phenomena, but they can be intensified and made more 
frequent and expansive by some human activities, including 
eutrophication caused by increased nutrient loading. In extreme 
cases, anoxia can occur wherein all available oxygen in the 
water is consumed causing ``dead zones.'' Hypoxic areas are 
more widespread during the summer, when they may drive out or 
kill animal life. 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 
research is necessary to help provide tools for coastal 
resource managers 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.
  HABHRCA was signed into law on November 13, 1998. The Act 
recognized that many of our Nation's coastal areas suffer from 
HABs 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 
HABs 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) (118 Stat. 
3630), which was enacted 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 to assess the 
progress being made under the existing programs. The 2004 Act 
also authorized appropriations for fiscal years (FYs) 2005-
2008.

                         Summary of Provisions

  S. 1701 would reauthorize and amend HABHRCA, with the 
overarching goals of building upon the Nation's efforts to 
research and monitor HABs and hypoxia and taking steps to 
develop and carry out actions to more accurately predict, 
mitigate, and control outbreaks. It also would encourage 
greater collaboration among Federal agencies by establishing an 
interagency National Harmful Algal Bloom and Hypoxia Program 
(Program), giving NOAA primary responsibility for its 
administration, and utilizing the Task Force for coordination 
of interagency review, research, and resources, as well as 
support and implementation of Regional Research and Action 
Plans (RRAPs). The Program would promote a unified national 
strategy to understand, predict, mitigate, and control HABs and 
hypoxia. As the lead agency, NOAA would maintain and enhance 
its existing competitive programs, establish new programs and 
infrastructure as necessary, enhance communication and 
coordination among Federal agencies, and increase the 
availability of analytical tools, operational forecasts, and 
reference and research materials to public and private 
entities.
  S. 1701 would encourage regional efforts to deal with HABs 
and hypoxia. It would require the Program to develop RRAPs to 
address the specific needs of regions within the United States. 
The RRAPs would be developed by a regional panel of experts and 
the Program, and identify regional priorities for research, 
technology, and action plans at a regional, State, and local 
level, enhancing coordination among various levels of 
government.
  S. 1701 would direct the Under Secretary of Commerce for 
Oceans and Atmosphere (Under Secretary) to work cooperatively 
and avoid duplication with other programs, agencies, and 
entities. With respect to the freshwater program, the 
Administrator of the Environmental Protection Agency (EPA) is 
directed to carry out, in consultation with the Under 
Secretary, research, monitoring, response, mitigation, and 
control to freshwater HAB events.
  Finally, S. 1701 would update funding levels for FYs 2011-
2015, including funds specifically for development of the 
RRAPs, and direct the Secretary to ensure that a ``substantial 
portion'' of appropriations shall be allocated to extramural 
research.

                          Legislative History

  S. 1701 was introduced by Senator Snowe on October 13, 2011, 
with Senators Nelson, Begich, Rockefeller, Whitehouse, 
Gillibrand, and Cardin as original cosponsors. The bill was 
referred to the Committee on Commerce, Science, and 
Transportation of the Senate. On November 2, 2011, the 
Committee considered this bill in an open Executive Session, 
which included three amendments offered by Senator Wicker. 
Senator Wicker's first amendment would require NOAA to leverage 
expertise from local research institutions, the second 
amendment would require coordination with the Gulf of Mexico 
Alliance on matters relating to the Gulf of Mexico, and the 
last amendment would establish prioritization in the 
development of regional reports. The Committee, without 
objection, ordered S. 1701 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:

S. 1701--Harmful Algal Blooms and Hypoxia Research and Control 
        Amendments Act of 2011

    Summary: S. 1701 would reauthorize and modify the Harmful 
Algal Bloom and Hypoxia Research and Control Act of 1998. The 
bill would authorize the appropriation of $30 million annually 
over the 2012-2015 period for the National Oceanic and 
Atmospheric Administration (NOAA) to mitigate the effects of 
harmful algal blooms and hypoxia (reduced oxygen level) in 
certain bodies of water.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing the legislation would cost $110 
million over the 2012-2016 period and $10 million after 2016. 
Enacting S. 1701 would not affect direct spending or revenues; 
therefore, pay-as-you-go procedures do not apply.
    S. 1701 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1701 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--
                                                           -----------------------------------------------------
                                                                                                          2012-
                                                              2012     2013     2014     2015     2016     2016
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level.......................................       30       30       30       30        0      120
Estimated Outlays.........................................       10       23       27       30       20      110
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted early in 2012 and that the 
authorized amounts will be appropriated for each fiscal year. 
Estimated outlays are based on historical spending patterns for 
similar NOAA activities.
    S. 1701 would authorize the appropriation of $30 million a 
year over the 2012-2015 period for certain NOAA activities 
related to mitigating the effects of harmful algal blooms and 
hypoxia in coastal waters and the Great Lakes. Those activities 
include providing grants, conducting research, preparing 
reports, and overseeing an interagency task force. Assuming 
appropriation of the authorized amounts, CBO estimates that 
implementing the legislation would cost $110 million over the 
2012-2016 period and $10 million after 2016.
    Pay-As-You-Go considerations: None.
    Intergovernmental and private-sector impact: S. 1701 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Previous CBO estimate: On August 19, 2011, CBO transmitted 
a cost estimate for H.R. 2484, the Harmful Algal Blooms and 
Hypoxia Research and Control Amendments Act of 2011, as ordered 
reported by the House Committee on Science, Space, and 
Technology on July 28, 2011. Both H.R. 2484 and S. 1701 would 
reauthorize and modify the Harmful Algal Blooms and Hypoxia 
Research and Control Act of 1998, but H.R. 2484 would authorize 
appropriations totaling $83 million over the 2012-2015 period, 
including $11 million for certain Environmental Protection 
Agency activities. The CBO cost estimates reflect that 
difference.
    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 would not 
subject any individuals or businesses to new regulations.

                            ECONOMIC IMPACT

  Section 11 of the reported bill would authorize $30 million 
for each of FYs 2011 through 2015 to NOAA to implement the 
Program, of which up to $2 million per year would be allocated 
to the development 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 an 
inflationary impact on the Nation's economy.

                                PRIVACY

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

                               PAPERWORK

  S. 1701 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.

  Section 1 would title the bill the ``Harmful Algal Blooms and 
Hypoxia Research and Control Amendments Act of 2011''.

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 findings to reflect growing 
threats, sources, and impacts of HABs and hypoxic events; 
NOAA's capacity to address these threats through research, 
monitoring observation, education, and management efforts; the 
scope of the problem; and the improvements that have been made 
since the passage of HABHRCA in 1998.

Section 4. Purposes.

  Section 4 would add a purpose section to HABHRCA specifying 
that the purposes of the Act are: (1) to provide for the 
development and coordination of a comprehensive and integrated 
national program to address HABs and hypoxia through baseline 
research, monitoring, prevention, mitigation, and control; (2) 
to provide for the assessment of environmental, socioeconomic, 
and human health impacts of HABs 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 HAB and hypoxia response plans, 
strategies, and tools.

Section 5. Inter-agency Task Force on Harmful Algal Blooms and Hypoxia.

  This section would add the Centers for Disease Control to the 
list of agencies represented on the Task Force.

Section 6. National Harmful Algal Bloom and Hypoxia Program.

  Section 6 would establish a national HAB and hypoxia program, 
and require the development and publication of a national HAB 
and hypoxia action strategy. It would direct the Task Force to 
coordinate, assess, and expedite interagency work, and support 
Federal program work and RRAPs.
  This section would also give NOAA primary responsibility for 
administering the Program, and establish the Program's 
responsibilities to: (1) develop a national action strategy; 
(2) prepare work and spending plans for program and plan 
implementation; (3) administer merit-based, competitive grant 
funding; (4) coordinate with regional, State, tribal, and local 
government agencies and programs; (5) coordinate with the State 
Department on international efforts; (6) identify additional 
research, development, and demonstration needs; (7) coordinate 
outreach, education, and training programs; (8) facilitate and 
provide resources for training State and local resource 
managers; (9) support regional efforts to control and mitigate 
outbreaks; (10) convene at least one meeting of the Task Force 
each year; and (11) perform other tasks delegated by the Task 
Force.
  This section would direct NOAA to: maintain and enhance its 
existing competitive programs; carry out response activities; 
establish new programs and infrastructure as necessary to meet 
objectives of this title; enhance communication and 
coordination among Federal agencies; and increase availability 
of resources to appropriate public and private entities. This 
section would direct the Under Secretary to work cooperatively 
and avoid duplication with other programs, agencies and 
entities. With respect to the freshwater program, the 
Administrator of the EPA would be directed to carry out, in 
consultation with the Under Secretary, research, monitoring, 
response, mitigation and control to freshwater HAB events. All 
data collection and monitoring under this title must comply 
with the data standards and protocols of the Integrated Coastal 
and Ocean Observation System Act of 2009 (ICOOS) (33 U.S.C. 
3601 et seq.) and be made available through ICOOS.

Section 7. Regional Research and Action Plans.

  Section 7 would direct the Under Secretary to: identify 
appropriate regions and subregions to be addressed by each 
RRAP; oversee the development and implementation of each RRAP; 
and develop and submit for Task Force approval each region's 
plan. Each plan would be required to identify appropriate 
elements, including: baseline research needed to understand the 
conditions that cause HABs and hypoxia; regional research 
priorities; research, development, and demonstration activities 
needed to develop and advance technologies and techniques to 
minimize occurrence, and improved capabilities for prediction, 
monitoring, prevention, control, and mitigation; State, tribal, 
and local government actions for implementation; mechanisms to 
transfer data; communication and outreach efforts; and the 
roles of Federal agencies in facilitating implementation of the 
plans.
  In the development and implementation of the RRAPs, this 
section would require the Under Secretary to coordinate with 
State coastal management and planning officials, tribal 
resource managers, water and watershed management officials, 
other Federal agencies as appropriate, and a range of 
stakeholders, building on available studies and information. 
RRAP development and implementation would be staggered to 
reduce the administrative burden on the Program, and plans 
would be updated every five years, with priority given to 
regions with the greatest number of HABs or largest perennial 
hypoxic zones. Subject to appropriations, funding would be made 
available to implement the actions under each RRAP through a 
competitive process.

Section 8. Reporting.

  Section 8 would describe new reporting requirements to 
replace the completed reports called for under existing law. 
The new requirements would include biennial and quinquennial 
reports.
  Every two years the Program would report to appropriate 
congressional committees. The reports would describe: 
proceedings of annual Task Force meetings; activities, budgets, 
and progress of the program; status, activities, and funding of 
the RRAPs; and any need to revise or terminate activities of 
projects under the Program.
  Not less than once every five years, after enactment of this 
Act, the Task Force would report to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committees on 
Science and Technology and on Natural Resources of the House of 
Representatives. This report would: (1) evaluate the state of 
knowledge; (2) evaluate the social and economic impacts and the 
strategies to deal with them; (3) examine and evaluate the 
human health impacts; (4) describe advances in capabilities for 
monitoring, forecasting, modeling, control, mitigation, and 
prevention of HABs and hypoxia; (5) evaluate progress made by, 
and the needs of Federal, regional, State, and local policies 
and strategies for forecasting, planning, mitigating, 
preventing, and responding to outbreaks, including the economic 
costs and benefits of such policies and strategies; (6) make 
recommendations for integrating, improving, and funding future 
national, regional, State, tribal, and local policies and 
strategies; (7) describe communication, outreach, and education 
efforts intended to increase public awareness; (8) describe 
extramural research activities; and (9) specify and justify how 
resources were allocated between intramural and extramural 
resource and management activities.

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 the first two years after enactment. These annual 
reports would describe the progress made by the Task Force-
directed activities toward attainment of the Coastal Goal of 
the Gulf Hypoxia Action Plan of 2008. These annual reports 
shall be submitted to Congress and the President. Furthermore, 
this section would mandate the Task Force to complete progress 
reports every two years after that, and also on attainment of 
the Coastal Goal of the Gulf Hypoxia Action Plan of 2008.

Section 10. Interagency Financing.

  Section 10 would allow agencies represented on the Task Force 
to participate in interagency financing to carry out programs 
under this bill.

Section 11. Authorization of Appropriations.

  This section would authorize $30 million to be appropriated 
for each of the FYs 2011 through 2015 to carry out sections 6 
and 7, of which $2 million shall be used to develop the RRAPs. 
Of these appropriations, the Secretary of Commerce shall ensure 
a ``substantial portion'' shall be allocated to extramural 
research activities.

Section 12. Definitions; Conforming Amendment.

  Section 12 would define the following terms: 
``Administrator'' means the Administrator of National Oceanic 
and Atmospheric Administration\2\; ``Harmful Algal Bloom'' 
means marine and freshwater phytoplankton that grow to high 
concentrations resulting in nuisance conditions or harmful 
impacts on marine and aquatic ecosystems, coastal communities, 
and human health; ``Hypoxia'' describes a condition where low 
dissolved oxygen in aquatic systems causes stress or death to 
resident organisms; ``Program'' means the Integrated Harmful 
Algal Bloom and Hypoxia Program established under section 603A 
of the Harmful Algal Bloom and Hypoxia Resource and Control Act 
of 1998; ``Regional Research and Action Plan'' means a plan 
established under section 603B of that Act; ``Under Secretary'' 
means the Under Secretary of Commerce for Oceans and 
Atmosphere; ``State'' includes the District of Columbia, the 
Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, 
American Samoa, the Commonwealth of the Northern Mariana 
Islands, and any other territory or possession of the United 
States, and any tribe; ``Task Force'' means the Interagency 
Task Force established by section 603(a) of that Act; and 
``United States Coastal Waters'' includes the Great Lakes.
---------------------------------------------------------------------------
    \2\The definition of Administrator should mean the Administrator of 
the Environmental Protection Agency.
---------------------------------------------------------------------------

Section 13. Application with Other Laws.

  Section 13 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.

                        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]

[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 1Oceanic 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.

  Congress finds the following:
          (1) Harmful algal blooms and hypoxia--
                  (A) are increasing in frequency and intensity 
                in the Nation's coastal waters and Great Lakes;
                  (B) pose a threat to the health of coastal 
                and Great Lakes ecosystems;
                  (C) are costly to coastal economies; and
                  (D) 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. 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) The National Oceanic and Atmospheric 
        Administration, through its ongoing research, 
        monitoring, observing, education, grant, and coastal 
        resource management programs and in collaboration with 
        the other Federal agencies on the Inter-Agency Task 
        Force on Harmful Algal Blooms and Hypoxia, along with 
        States, Indian tribes, and local governments, possesses 
        the 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) Increases in nutrient loading from point and 
        nonpoint sources can trigger and exacerbate harmful 
        algal blooms and hypoxia. Since much of the increases 
        originate in upland areas and are delivered to marine 
        and freshwater bodies via river discharge, integrated 
        and landscape-level research and control strategies are 
        required.
          (5) Harmful algal blooms and hypoxia affect many 
        sectors of the coastal economy, including tourism, 
        public health, and recreational and commercial 
        fisheries. According to a recent report produced by the 
        National Oceanic and Atmospheric Administration, the 
        United States seafood, restaurant, and tourism 
        industries suffer estimated annual losses of at least 
        $82,000,000 due to the economic impacts of harmful 
        algal blooms.
          (6) The proliferation of harmful and nuisance algae 
        can occur in all United States waters, including 
        coastal areas (such as estuaries), the Great Lakes, and 
        inland waterways, crossing political boundaries and 
        necessitating regional coordination for research, 
        monitoring, mitigation, response, and prevention 
        efforts.
          (7) 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--
                  (A) provide data for forecast models;
                  (B) improve the monitoring and prediction of 
                these events; and
                  (C) provide essential decision making 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, 
        socioeconomic, and human health impacts of harmful 
        algal blooms and hypoxia on a regional and national 
        scale, and to integrate this 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. 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''). The Task Force 
shall consist of [the following representatives from] a 
representative from--
          (1) the Department of Commerce (who shall serve as 
        Chairman of the Task Force);
          (2) the Environmental Protection Agency;
          (3) the Department of Agriculture;
          (4) the Department of the Interior;
          (5) the Department of the Navy;
          (6) the Department of Health and Human Services;
          (7) the National Science Foundation;
          (8) the National Aeronautics and Space 
        Administration;
          (9) the Food and Drug Administration;
          (10) the Office of Science and Technology Policy;
          (11) the Council on Environmental Quality; [and]
          (12) the Centers for Disease Control; and
          [(12)] (13) [such] other Federal agencies as the 
        President considers appropriate.

           *       *       *       *       *       *       *

  (j) Report.--Not later than 2 years after the submission of 
the action strategy under section 603A, the Under Secretary 
shall submit a report to the appropriate congressional 
committees that describes--
          (1) the proceedings of the annual Task Force 
        meetings;
          (2) the activities carried out under the Program and 
        the regional research and action plans, and the budget 
        related to the activities;
          (3) the progress made on implementing the action 
        strategy; and
          (4) any need to revise or terminate activities or 
        projects under the Program.
  (k) Program Report.--Not later than 5 years after the date of 
enactment of the Harmful Algal Blooms and Hypoxia Research and 
Control Amendments Act of 2011, the Task Force shall submit a 
report on harmful algal blooms and hypoxia in marine and 
freshwater systems to Congress that--
          (1) evaluates the state of scientific knowledge of 
        harmful algal blooms and hypoxia in marine and 
        freshwater systems, including their causes and 
        ecological consequences;
          (2) evaluates the social and economic impacts of 
        harmful algal blooms and hypoxia, including their 
        impacts on coastal communities, and reviews those 
        communities' efforts and associated economic costs 
        related to event forecasting, planning, mitigation, 
        response, public outreach, and education;
          (3) examines and evaluates the human health impacts 
        of harmful algal blooms and hypoxia, including any gaps 
        in existing research;
          (4) describes 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) evaluates 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 
        the policies and strategies;
          (6) includes 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;
          (7) describes communication, outreach, and education 
        efforts to raise public awareness of harmful algal 
        blooms and hypoxia, their impacts, and the methods for 
        mitigation and prevention;
          (8) describes extramural research activities carried 
        out under section 605(b); and
          (9) specifies how resources were allocated between 
        intramural and extramural research and management 
        activities, including a justification for each 
        allocation.

SEC. 603A. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA PROGRAM.

  (a) Establishment.--Except as provided in subsection (d), the 
Under Secretary, acting through the Task Force established 
under section 603, shall establish and maintain a national 
harmful algal bloom and hypoxia program.
  (b) Action Strategy.--
          (1) In general.--Not later than 1 year after the date 
        of enactment of the Harmful Algal Blooms and Hypoxia 
        Research and Control Amendments Act of 2011, the Task 
        Force shall develop a national harmful algal blooms and 
        hypoxia action strategy that--
                  (A) is consistent with the purposes under 
                section 602A;
                  (B) includes a statement of goals and 
                objectives; and
                  (C) includes an implementation plan.
          (2) Publication.--Not later than 30 days after the 
        date that the action strategy is developed, the Task 
        Force shall--
                  (A) submit the action strategy to Congress; 
                and
                  (B) publish the action strategy in the 
                Federal Register.
          (3) Periodic revision.--The Task Force shall 
        periodically review and revise the action strategy, as 
        necessary.
  (c) Task Force Functions.--The Task Force 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 the implementation of the actions and 
        strategies identified in the regional research and 
        action plans under section 603B;
          (5) support the development of institutional 
        mechanisms and financial instruments to further the 
        goals of the Program;
          (6) coordinate and 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;
          (7) expedite the interagency review process by 
        ensuring timely review and dispersal of required 
        reports and assessments under this title;
          (8) promote the development of new technologies for 
        predicting, monitoring, and mitigating harmful algal 
        blooms and hypoxia conditions; and
          (9) establish such interagency working groups as it 
        considers necessary.
  (d) Lead Federal Agency.--The National Oceanic and 
Atmospheric Administration shall have primary responsibility 
for administering the Program.
  (e) Program Duties.--In administering the Program, the Under 
Secretary shall--
          (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) prepare work and spending plans for implementing 
        the activities of the Program and developing and 
        implementing the regional research and action plans;
          (3) administer merit-based, competitive grant 
        funding--
                  (A) to support the projects maintained and 
                established by the Program; and
                  (B) to address the research and management 
                needs and priorities identified in the regional 
                research and action plans;
          (4) coordinate and work cooperatively with regional, 
        State, tribal, and local government agencies and 
        programs that address marine and freshwater harmful 
        algal blooms and hypoxia;
          (5) coordinate with the Secretary of State to support 
        international efforts on marine and freshwater harmful 
        algal bloom and hypoxia information sharing, research, 
        mitigation, control, and response activities;
          (6) identify additional research, development, and 
        demonstration needs and priorities relating to 
        monitoring, prevention, control, mitigation, and 
        response to marine and freshwater harmful algal blooms 
        and hypoxia, including methods and technologies to 
        protect the ecosystems affected by marine and 
        freshwater harmful algal blooms and hypoxia;
          (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) facilitate and provide resources to train State 
        and local coastal and water resource managers in the 
        methods and technologies for monitoring, controlling, 
        and mitigating marine and freshwater harmful algal 
        blooms and hypoxia;
          (9) 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;
          (10) convene at least 1 meeting of the Task Force 
        each year; and
          (11) perform such other tasks as may be delegated by 
        the Task Force.
  (f) National Oceanic and Atmospheric Administration 
Activities.--The Under Secretary shall--
          (1) maintain and enhance the existing competitive 
        programs at the National Oceanic and Atmospheric 
        Administration relating to marine and freshwater algal 
        blooms and hypoxia;
          (2) carry out marine and Great Lakes harmful algal 
        bloom and hypoxia events response activities;
          (3) establish new programs and infrastructure, as 
        necessary, to develop and enhance the critical 
        observations, monitoring, modeling, data management, 
        information dissemination, and operational forecasts 
        required to meet the purposes under section 602A;
          (4) enhance communication and coordination among 
        Federal agencies carrying out marine and freshwater 
        harmful algal bloom and hypoxia activities;
          (5) to the greatest extent practicable, leverage 
        existing resources and expertise available from local 
        research universities and institutions to meet the 
        purposes under section 602A; and
          (6) increase the availability to appropriate public 
        and private entities of--
                  (A) analytical facilities and technologies;
                  (B) operational forecasts; and
                  (C) reference and research materials.
  (g) Cooperative Efforts.--The Under Secretary shall work 
cooperatively and avoid duplication of effort with other 
offices, centers, and programs within the National Oceanic and 
Atmospheric Administration, other agencies on the Task Force, 
and States, tribes, and nongovernmental organizations concerned 
with marine and freshwater issues to coordinate harmful algal 
blooms and hypoxia (and related) activities and research.
  (h) Freshwater Program.--With respect to the freshwater 
aspects of the Program, except for those aspects occurring in 
the Great Lakes, the Administrator of the Environmental 
Protection Agency, in consultation with the Under Secretary, 
through the Task Force, shall--
          (1) carry out the duties assigned to the Under 
        Secretary under this section and section 603B, 
        including the activities under subsection (g);
          (2) research the ecology of freshwater harmful algal 
        blooms;
          (3) monitor and respond to freshwater harmful algal 
        blooms events in lakes (except for the Great Lakes), 
        rivers, and reservoirs;
          (4) mitigate and control freshwater harmful algal 
        blooms; and
          (5) recommend the amount of funding required to carry 
        out subsection (g) for inclusion in the President's 
        annual budget request to Congress.
  (i) Integrated Coastal and Ocean Observation System.--The 
collection of monitoring and observation data under this title 
shall comply with all data standards and protocols developed 
pursuant to the Integrated Coastal and Ocean Observation System 
Act of 2009 (33 U.S.C. 3601 et seq.). Such data shall be made 
available through the system established under that Act.

SEC. 603B. REGIONAL RESEARCH AND ACTION PLANS.

  (a) In General.--In administering the Program, the Under 
Secretary shall--
          (1) identify 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) Plan Development.--The Under Secretary shall--
          (1) develop and submit to the Task Force for approval 
        a regional research and action plan for each region, 
        that builds upon any existing State or regional plans 
        the Under Secretary considers appropriate; and
          (2) identify appropriate elements for each region, 
        including--
                  (A) 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;
                  (B) regional priorities for ecological and 
                socio-economic research on issues related to 
                and impacts of harmful algal blooms and 
                hypoxia;
                  (C) research, development, and demonstration 
                activities needed to develop and advance 
                technologies and techniques--
                          (i) for minimizing the occurrence of 
                        harmful algal blooms and hypoxia; and
                          (ii) for improving capabilities to 
                        predict, monitor, prevent, control, and 
                        mitigate harmful algal blooms and 
                        hypoxia;
                  (D) State, tribal, and local government 
                actions that may be implemented--
                          (i) to support long-term monitoring 
                        efforts and emergency monitoring as 
                        needed;
                          (ii) to minimize the occurrence of 
                        harmful algal blooms and hypoxia;
                          (iii) to reduce the duration and 
                        intensity of harmful algal blooms and 
                        hypoxia in times of emergency;
                          (iv) to address human health 
                        dimensions of harmful algal blooms and 
                        hypoxia; and
                          (v) to identify and protect 
                        vulnerable ecosystems that could be, or 
                        have been, affected by harmful algal 
                        blooms and hypoxia;
                  (E) mechanisms by which data, information, 
                and products are transferred between the 
                Program and State, tribal, and local 
                governments and research entities;
                  (F) communication, outreach and information 
                dissemination efforts that State, tribal, and 
                local governments and stakeholder organizations 
                can take to educate and inform the public about 
                harmful algal blooms and hypoxia and 
                alternative coastal resource-utilization 
                opportunities that are available; and
                  (G) the roles that Federal agencies can play 
                to facilitate implementation of the regional 
                research and action plan for that region.
  (c) Consultation.--In developing a regional research and 
action plan under this section, the Under Secretary shall--
          (1) coordinate with State coastal management and 
        planning officials;
          (2) coordinate with tribal resource management 
        officials;
          (3) coordinate with water management and watershed 
        officials from coastal States and noncoastal States 
        with water sources that drain into water bodies 
        affected by harmful algal blooms and hypoxia;
          (4) in matters relating to the Gulf of Mexico, 
        coordinate with the Gulf of Mexico Alliance;
          (5) coordinate with the Administrator and other 
        Federal agencies as the Under Secretary considers 
        appropriate; and
          (6) 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.
  (d) Building on Available Studies and Information.--In 
developing a regional research and action plan under this 
section, the Under Secretary shall--
          (1) utilize and build on existing research, 
        assessments, reports, including those carried out under 
        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, estuaries, and tributaries.
  (e) Schedule.--The Under Secretary shall--
          (1) begin developing the regional research and action 
        plans for at least a third of the regions not later 
        than 9 months after the date of the enactment of the 
        Harmful Algal Blooms and Hypoxia Research and Control 
        Amendments Act of 2011;
          (2) begin developing the regional research and action 
        plans for at least another third of the regions not 
        later than 21 months after the date of the enactment of 
        the Harmful Algal Blooms and Hypoxia Research and 
        Control Amendments Act of 2011;
          (3) begin developing the regional research and action 
        plans for the remaining regions not later than 33 
        months after the date of the enactment of the Harmful 
        Algal Blooms and Hypoxia Research and Control 
        Amendments Act of 2011; and
          (4) ensure that each regional research and action 
        plan developed under this section is--
                  (A) completed and approved by the Task Force 
                not later than 12 months after the date that 
                development of the regional research and action 
                plan begins; and
                  (B) updated not less than once every 5 years 
                after the completion of the regional research 
                and action plan.
  (f) Prioritization.--In developing the regional research and 
action plans pursuant to subsection (e), the Under Secretary 
shall begin with regions that historically have the greatest 
record of harmful algal blooms or the largest perennial hypoxic 
zones.
  (g) Funding.--
          (1) In general.--Subject to available appropriations, 
        the Under Secretary 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.--An 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 each eligible organization receiving 
        funds under this subsection to utilize the mechanisms 
        under subsection (b)(2)(E) to ensure the transfer of 
        data and products developed under the regional research 
        and action plan.
          (3) Eligible organization.--In this subsection, the 
        term ``eligible organization'' means--
                  (A) an institution of higher education, other 
                non-profit organization, State, tribal, or 
                local government, commercial organization, or 
                Federal agency that meets the requirements of 
                this section and such other requirements as may 
                be established by the Under 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.

[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 Initial Progress Reports.--Beginning not later 
than 12 months after the date of enactment of the Harmful Algal 
Blooms and Hypoxia Research and Control Amendments Act of 2011, 
and every 2 years thereafter, the Administrator, through the 
Mississippi River/Gulf of Mexico Watershed Nutrient Task Force, 
shall submit a progress report to the appropriate congressional 
committees and the President that describes the progress made 
by Task Force-directed activities carried out or funded by the 
Environmental Protection Agency and other State and Federal 
partners toward attainment of the goals of the Gulf Hypoxia 
Action Plan 2008.
  (b) Contents.--Each report required under this section 
shall--
          (1) assess the 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;
          (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. 604A. INTERAGENCY FINANCING.

  The departments and agencies represented on the Task Force 
may 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 
title, 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 
goods, services, and space. The amount of funds transferrable 
under this section for any fiscal year may not exceed percent 
of the account from which such transfer was made.

[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, for 
each of the fiscal years 2011 through 2015 to the Under 
Secretary to carry out sections 603A and 603B, $30,000,000, of 
which--
          (1) $2,000,000 may be used for the development of 
        regional research and action plans and the reports 
        required under section 603B;
          (2) $3,000,000 may be used for the research and 
        assessment activities related to marine and freshwater 
        harmful algal blooms at the National Oceanic and 
        Atmospheric Administration research laboratories;
          (3) $7,000,000 may be used to carry out the Ecology 
        and Oceanography of Harmful Algal Blooms Program 
        (ECOHAB);
          (4) $4,500,000 may be used to carry out the 
        Monitoring and Event Response for Harmful Algal Blooms 
        Program (MERHAB);
          (5) $1,500,000 may be used to carry out the Northern 
        Gulf of Mexico Ecosystems and Hypoxia Assessment 
        Program (NGOMEX);
          (6) $4,000,000 may be used to carry out the Coastal 
        Hypoxia Research Program (CHRP);
          (7) $4,000,000 may be used to carry out the 
        Prevention, Control, and Mitigation of Harmful Algal 
        Blooms Program (PCM);
          (8) $1,000,000 may be used to carry out the Event 
        Response Program; and
          (9) $3,000,000 may be used to carry out the 
        Infrastructure Program.
  (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.

SEC. 605A. DEFINITIONS.

  In this title:
          (1) Administrator.--The term ``Administrator'' means 
        the Administrator of the National Oceanic and 
        Atmospheric Administration.
          (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) Program.--The term ``Program'' means the National 
        Harmful Algal Bloom and Hypoxia Program established 
        under section 603A.
          (5) Regional research and action plan.--The term 
        ``regional research and action plan'' means a plan 
        established under section 603B.
          (6) 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.
          (7) Task force.--The term ``Task Force'' means the 
        Inter-Agency Task Force established by section 603(a).
          (8) Under secretary.--The term ``Under Secretary'' 
        means the Under Secretary of Commerce for Oceans and 
        Atmosphere.
          (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.

                                  
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