[Senate Report 119-34]
[From the U.S. Government Publishing Office]
Calendar No. 109
119th Congress } { Report
SENATE
1st Session } { 119-34
=======================================================================
HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND
CONTROL AMENDMENTS ACT OF 2025
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 93
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
July 1 (legislative day, June 30), 2025.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
WASHINGTON : 2025
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred nineteenth congress
first session
TED CRUZ, Texas, Chairman
JOHN THUNE, South Dakota MARIA CANTWELL, Washington
ROGER F. WICKER, Mississippi AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee TAMMY BALDWIN, Wisconsin
TODD YOUNG, Indiana TAMMY DUCKWORTH, Illinois
TED BUDD, North Carolina JACKY ROSEN, Nevada
ERIC SCHMITT, Missouri BEN RAY LUJAN, New Mexico
JOHN CURTIS, Utah JOHN W. HICKENLOOPER, Colorado
BERNIE MORENO, Ohio JOHN FETTERMAN, Pennsylvania
TIM SHEEHY, Montana ANDY KIM, New Jersey
SHELLEY MOORE CAPITO, West Virginia LISA BLUNT ROCHESTER, Delaware
CYNTHIA M. LUMMIS, Wyoming
Brad Grantz, Majority Staff Director
Lila Harper Helms, Democratic Staff Director
Calendar No. 109
119th Congress } { Report
SENATE
1st Session } { 119-34
=======================================================================
HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND
CONTROL AMENDMENTS ACT OF 2025
_______
July 1 (legislative day, June 30), 2025.--Ordered to be printed
_______
Mr. Cruz, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 93]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 93) to amend the Harmful Algal
Bloom and Hypoxia Research and Control Act of 1998 to address
harmful algal blooms, and for other purposes, having considered
the same, reports favorably thereon without amendment and an
amendment to the title and recommends that the bill do pass.\1\
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\1\At the markup, S. 93 was ordered to be reported without
amendment, but post-markup, a technical amendment to the title required
the bill to be reported favorably with an amendment.
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Purpose of the Bill
The purpose of S. 93, the Harmful Algal Bloom and Hypoxia
Research and Control Amendments Act of 2025, is to amend the
Harmful Algal Bloom and Hypoxia Research and Control Act
(HABHRCA) of 1998\2\ to address harmful algal blooms, and for
other purposes.
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\2\Public Law 105-383.
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Background and Needs
Harmful algal blooms (HABs) occur when environmental
conditions promote the rapid growth of large numbers of single-
celled marine algae, either microscopic or macroscopic
phytoplankton. Excess nutrient inputs, changes in temperature
or amounts of light, and turbulence in the water column are all
known to influence the outbreak of algal blooms. Human
influences can exacerbate algal blooms by increasing nutrient
availability via agricultural and municipal runoff and
transporting exotic species into an area.\3\ These blooms often
discolor the water and result in red tides or brown tides. HABs
occur when some or all the phytoplankton in the bloom produce
toxins harmful to humans, fish, invertebrates, and other marine
organisms. In addition to producing toxins, HABs may have
negative impacts such as clogging or lacerating fish's gills,
or blocking the sunlight available to aquatic plants beneath
the bloom.
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\3\``Harmful Algal Blooms,'' National Oceanic and Atmospheric
Administration (https://oceanservice.noaa.gov/hazards/hab/).
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HABs can also rapidly deplete oxygen, known as hypoxia,
killing fish and other marine animals and plants. In aquatic
systems, hypoxia refers to a situation where the concentration
of dissolved oxygen is reduced to less than two to three parts
per million.\4\ Hypoxic areas, sometimes called dead zones,
frequently occur in coastal and estuarine areas where rivers
bring freshwater to the ocean. As nutrient-rich waters are
brought from freshwater systems, these excess nutrients
stimulate the rapid growth of algae. The algae begin to die
when this explosive growth has consumed all available
nutrients. As the dead algae sink to the seafloor, they
decompose, aided by oxygen-consuming bacteria. As these
bacteria consume most of the available oxygen, a dead zone
develops. Animals that can swim away are less affected by these
dead zones; however, slow-moving fauna, such as shellfish, are
particularly susceptible to hypoxia. Just one HAB event can
cost local economies tens of millions of dollars.\5\
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\4\``Hypoxia 101,'' Mississippi River/Gulf of Mexico Hypoxia Task
Force (https://www.epa.gov/ms-htf/hypoxia-101).
\5\``Assessing Environmental and Economic Impacts,'' National
Centers for Coastal Ocean Science, National Oceanic and Atmospheric
Administration (https://coastalscience.noaa.gov/science-areas/habs/
assessing-environmental-and-economic-impacts/).
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Summary of Provisions
S. 93 would do the following:
Reauthorize HABHRCA through 2030.
Expand harmful algal bloom assessments to include
all water bodies that contain HABs.
Codify the National Harmful Algal Bloom Observing
Network.
Expand the definition of the term ``harmful algal
bloom''.
Increase the authorized appropriation from $20.5
million to $27.5 million. Of these sums, $19.5 million
would be authorized for the National Oceanic and
Atmospheric Administration (NOAA), and $8 million would
be authorized for the Environmental Protection Agency
(EPA).
Legislative History
S. 93, the Harmful Algal Bloom and Hypoxia Research and
Control Amendments Act of 2025, was introduced on January 14,
2025, by Senator Sullivan (for himself and Senators Baldwin,
Collins, Cornyn, Merkley, Peters, and Whitehouse) and was
referred to the Committee on Commerce, Science, and
Transportation of the Senate. Senators Murkowski, Coons,
Padilla, Cassidy, Wicker, Moreno, Schiff, and King are
additional cosponsors. On February 5, 2025, the Committee met
in open Executive Session and, by voice vote, ordered S. 93
reported favorably without amendment. After the markup, the
bill had a technical amendment to the title which required S.
93 to be reported favorably with an amendment.
118th Congress
S. 3348, the Harmful Algal Bloom and Hypoxia Research and
Control Amendments Act of 2024, was introduced on November 27,
2023, by Senator Sullivan (for himself and Senator Baldwin) and
was referred to the Committee on Commerce, Science, and
Transportation of the Senate. It was cosponsored by Senators
Blumenthal, King, Peters, Murkowski, Kennedy, Merkley, Wicker,
Collins, Padilla, Butler, Whitehouse, Cassidy, Cornyn, and
Coons. On July 31, 2024, the Committee met in open Executive
Session and, by voice vote, ordered S. 3348 reported favorably
with an amendment (in the nature of a substitute).
105th Congress to 115th Congress
The original Harmful Algal Bloom and Hypoxia Research and
Control Act of 1998\6\ was introduced in November 1997 by
Senator Olympia Snowe. It was further amended and reauthorized
by the Harmful Algal Bloom and Hypoxia Amendments Act of
2004,\7\ the Harmful Algal Bloom and Hypoxia Research and
Control Amendments Act of 2014,\8\ and the National Integrated
Drought Information System Reauthorization Act of 2018.\9\
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\6\Public Law 105-383.
\7\Public Law 108-456.
\8\Public Law 113-124.
\9\Public Law 115-423.
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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:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
S. 93 would reauthorize and expand activities administered
by the National Oceanic and Atmospheric Administration and the
Environmental Protection Agency related to research,
observation, and control of harmful algal blooms and hypoxia.
Harmful blooms occur when colonies of algae grow uncontrollably
and become toxic, which also may lead to reduced oxygen (or
hypoxia) in the water. The bill would authorize the
appropriation of $27.5 million annually from 2026 through 2030
for those purposes, which includes expanding the membership and
activities of an existing interagency task force and
establishing a new program to create technologies to mitigate
and control harmful algal blooms. In 2024, those agencies
allocated $40 million for activities to mitigate harmful algal
blooms.
The bill also would authorize the appropriation of $2
million each year over the 2026-2030 period to address harmful
blooms and hypoxia events that would have a significant
detrimental effect on the environment, economy, or public
health of a state.
CBO estimates that the bill will be enacted in 2025 and
that the authorized amounts will be provided in each year. On
that basis and using the spending patterns for similar
activities, CBO estimates that implementing the bill would cost
$130 million over the 2025-2030 period and $17 million after
2030.
The costs of the legislation, detailed in Table 1, fall
within budget function 300 (natural resources and environment).
TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 93
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By fiscal year, millions of dollars--
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2025-
2025 2026 2027 2028 2029 2030 2030
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Authorization.................................... 0 30 30 30 30 30 150
Estimated Outlays................................ 0 18 25 29 29 29 130
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The CBO staff contact for this estimate is Aurora Swanson.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
Regulatory Impact Statement
Because S. 93 does not create any new programs, the
legislation will have no additional regulatory impact, and will
result in no additional reporting requirements. The legislation
will have no further effect on the number or types of
individuals and businesses regulated, the economic impact of
such regulation, the personal privacy of affected individuals,
or the paperwork required from such individuals and businesses.
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.
This section would provide that the bill may be cited as
the ``Harmful Algal Bloom and Hypoxia Research and Control
Amendments Act of 2025''.
Section 2. Amendments to the Harmful Algal Bloom and Hypoxia Research
and Control Act of 1998.
This section would add the Department of Energy to the
Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia
(Task Force) and require the Task Force to expand HAB and
hypoxia assessments. Task Force hypoxia assessments would be
broadened to include food safety and security, environmental
stressors, and evaluations of methods to reduce, mitigate, and
control hypoxia and its environmental impacts. This section
also would eliminate outdated reports, reduce regional HAB
reports, and require a national action strategy for HABS with
regional chapters. The Task Force would consult with relevant
entities, including Indian tribes.
This section would update the national harmful algal bloom
and hypoxia program to cover all water bodies and expand its
duties regarding grant funding for new projects.
This section would describe NOAA's authorities and duties
regarding HABs and require that all data follow the standards
and protocols outlined in the Integrated Coastal and Ocean
Observation System Act of 2009\10\ and be available in the
National Integrated Coastal and Ocean Observation System.
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\10\Public Law 111-11.
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This section would codify the EPA's duties in coordination
with NOAA and the National HAB Observing Network. It would
require NOAA to work with the EPA and research universities to
establish a national incubator program to develop prevention
strategies and control technologies for HABs. NOAA would
provide merit-based funding through existing grant programs and
create a framework for assessing and prioritizing prevention
strategies.
This section would expand the definition of HAB to include
macroalgae and cyanobacteria, remove the definition of U.S.
coastal waters, and add the definitions for the terms ``harmful
algal bloom and hypoxia event'', ``Indian tribe'', ``Native
Hawaiian organization'', ``subsistence use'', and ``Tribal
organization''. It would authorize $19.5 million for NOAA and
$8 million for EPA for fiscal years 2026 through 2030 and allow
fund transfers between agencies to assist with HAB and hypoxia
events.
Section 3. Other harmful algal bloom and hypoxia matters.
This section would allow NOAA to enter into agreements and
grants with State and local entities and/or Indian tribes to
fund relief efforts for harmful algal bloom or hypoxia events
of national significance. It would allow the appropriate
Federal official to waive non-Federal share requirements in
certain circumstances. This section would update the
considerations for determining whether a hypoxia or HAB event
is an event of national significance. It would add definitions
for the terms ``Indian tribe'', ``Native Hawaiian
organization'', ``subsistence use'', and ``Tribal
organization''. It would authorize appropriations of $2 million
for fiscal years 2026 through 2029 for NOAA's response to HABs
of national significance.
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 AMENDMENTS ACT OF 2004
* * * * * * *
[33 U.S.C. 4001a]
SEC. 102. RETENTION OF TASK FORCE.
Section 603 of the Harmful Algal Bloom and Hypoxia Research
and Control Act of 1998 (16 U.S.C. 1451 nt) is amended by
striking subsection (e). [In developing the assessments,
reports, and plans under the Harmful Algal Bloom and Hypoxia
Research and Control Act of 1998, the Task Force shall consult
with 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.]
* * * * * * *
HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND CONTROL ACT OF 1998
* * * * * * *
[33 U.S.C. 4001]
SEC. 603. [ASSESSMENTS] TASK FORCE, ASSESSMENTS, AND ACTION STRATEGY.
(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.
The Task Force shall consist of 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;
(12) the Centers for Disease Control and Prevention;
(13) the Department of Energy;
[(13)](14) the Army Corps of Engineers; and
[(14)](15) 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, inter-agency
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)](b) 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]
marine, estuarine, and freshwater systems. 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;]
(A) examine--
(i) the causes and ecological
consequences of hypoxia on marine and
aquatic species in their environments;
and
(ii) the costs of hypoxia, including
impacts on food safety and security;
(B) examine the effect of other environmental
stressors on hypoxia;
(C) evaluate alternatives for reducing,
mitigating, and controlling hypoxia and its
environmental impacts;
[(B)](D) describe the potential ecological
and economic costs and benefits of possible
policy and management actions for preventing,
controlling, and mitigating hypoxia;
[(C)](E) 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] hypoxia modeling,
forecasting, and monitoring and observation
data; and
[(D)](F) identify ways to improve
coordination and to prevent unnecessary
duplication of effort among Federal agencies
and departments with respect to research on
hypoxia.
[(g) Scientific Assessments of Marine and Freshwater Harmful
Algal Blooms.--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 and
freshwater systems. Each assessment shall examine both marine
and freshwater harmful algal blooms, including those in the
Great Lakes and upper reaches of estuaries, those in freshwater
lakes and rivers, and those that originate in freshwater lakes
or rivers and migrate to coastal waters.
[(h) 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.
[(i) Report.--Not later than 2 years after the date the
Action Strategy is submitted under section 603B, the Under
Secretary shall submit a report to Congress that describes--
[(1) the proceedings of the annual Task Force
meetings;
[(2) the activities carried out under the Program,
including the regional and subregional parts of the
Action Strategy;
[(3) the budget related to the activities under
paragraph (2);
[(4) the progress made on implementing the Action
Strategy; and
[(5) any need to revise or terminate research and
activities under the Program.]
(c) Action Strategy and Scientific Assessment for Marine and
Freshwater Harmful Algal Blooms.--
(1) In general.--Not less frequently than once every
5 years, the Task Force shall complete and submit to
Congress an action strategy for harmful algal blooms in
the United States.
(2) Elements.--Each Action Strategy shall--
(A) examine, and include a scientific
assessment of, marine and freshwater harmful
algal blooms, including such blooms--
(i) in the Great Lakes;
(ii) in the upper reaches of
estuaries;
(iii) in freshwater lakes and rivers;
(iv) in coastal and marine waters;
and
(v) that originate in freshwater
lakes or rivers and migrate to coastal
waters;
(B) examine the causes, ecological
consequences or physiological consequences on
wildlife function, and economic or cultural
impacts, including food safety and security and
subsistence use, of harmful algal blooms;
(C) examine the effect of other environmental
stressors on harmful algal blooms;
(D) examine potential methods to prevent,
control, and mitigate harmful algal blooms and
the potential ecological, subsistence use, and
economic costs and benefits of such methods;
(E) identify priorities for research needed
to advance techniques and technologies to
detect, predict, monitor, respond to, and
minimize the occurrence, duration, and severity
of harmful algal blooms, including
recommendations to eliminate significant gaps
in harmful algal bloom forecasting, monitoring,
and observation data;
(F) evaluate progress made by, and the needs
of, activities and actions of the Task Force to
prevent, control, and mitigate harmful algal
blooms;
(G) identify ways to improve coordination and
prevent unnecessary duplication of effort among
Federal agencies with respect to research on
harmful algal blooms; and
(H) include regional chapters relating to the
requirements described in this paragraph in
order to highlight geographically and
ecologically diverse locations with significant
ecological, subsistence use, cultural, and
economic impacts from harmful algal blooms.
(d) Consultation.--In carrying out subsections (b) and (c),
the Task Force shall consult with--
(1) States, Indian tribes, and local governments; and
(2) appropriate industries (including fisheries,
agriculture, and fertilizer), academic institutions,
and nongovernmental organizations with relevant
expertise.
[33 U.S.C. 4002]
SEC. 603A. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA PROGRAM.
(a) Establishment.--Not later than 1 year after the date of
enactment of the Harmful Algal Bloom and Hypoxia Research and
Control Amendments Act of 2014, the Under Secretary, acting
through the Task Force, shall maintain and enhance a national
harmful algal bloom and hypoxia program, including--
(1) a statement of objectives, including
understanding, detecting, [predicting,] monitoring,
observing, forecasting, controlling, mitigating, and
responding to marine and freshwater harmful algal bloom
and hypoxia events; [and]
[(2) the comprehensive research plan and action
strategy under section 603B.]
(2) the scientific assessment submitted under section
603(b); and
(3) the Action Strategy.
(b) Periodic Revision.--The Task Force shall periodically
review and revise the Program, as necessary.
(c) Task Force Functions.--The Task Force shall--
(1) coordinate interagency review of the objectives
and activities of the Program;
(2) expedite the interagency review process by
ensuring timely review and dispersal of required
reports and assessments under this title;
(3) support the implementation of the Action
Strategy, including the coordination and integration of
the research of all Federal programs, including [ocean
and Great Lakes science and management programs and
centers] programs and centers relating to the science
and management of marine, estuarine, and freshwater
systems, that address the chemical, biological, and
physical components of marine and freshwater harmful
algal blooms and hypoxia;
(4) support the development of institutional
mechanisms and financial instruments to further the
objectives and activities of the Program;
(5) review the Program's distribution of Federal
funding to address the objectives and activities of the
Program while recognizing each agency is acting under
its own independent mission and authority;
(6) promote the development of new technologies for
predicting, monitoring, and mitigating harmful algal
bloom and hypoxia conditions; and
(7) establish such interagency working groups as it
considers necessary.
(d) Lead Federal Agency.--[Except as provided in subsection
(h), the] 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) promote the Program, including to local and
regional stakeholders through the establishment and
maintenance of a publicly accessible Internet website
that provides information as to Program activities
completed under this section;
[(2) prepare work and spending plans for implementing
the research and activities identified under the Action
Strategy;]
(2) examine the causes, ecological consequences, and
costs of harmful algal blooms and hypoxia;
(3) consult with entities that are most dependent on
coastal and water resources that may be impacted by
marine and freshwater harmful algal blooms and hypoxia,
including--
(A) State and local entities;
(B) Indian tribes, Tribal organizations, and
Native Hawaiians organizations;
(C) island communities;
(D) low-population rural communities;
(E) subsistence communities; and
(F) fisheries and recreation industries;
[(3)](4) administer peer-reviewed, merit-based,
competitive grant funding--
(A) to maintain and enhance baseline
monitoring programs established by the Program;
(B) to support the projects maintained and
established by the Program, including the
annual Gulf of Mexico hypoxia zone mapping
cruise;
(C) to address the research and management
needs and priorities identified in the Action
Strategy; [and]
(D) to accelerate the utilization of
effective methods of intervention and
mitigation to reduce the frequency, severity,
and impacts of harmful algal bloom and hypoxia
events;
(E) to identify opportunities to improve
monitoring of harmful algal blooms and hypoxia,
with a particular focus on waters that may
affect fisheries, public health, or subsistence
harvest;
(F) to evaluate adaptation and mitigation
strategies to address the impacts of harmful
algal blooms and hypoxia;
(G) to support the resilience of the seafood
industry to harmful algal blooms and to expand
access to testing for harmful algal bloom
toxins, including for subsistence and
recreational harvesters, through innovative
methods that increase the efficiency and
effectiveness of such testing in rural and
remote areas;
(H) to support sustained observations to
provide State and local entities, Indian
tribes, and other entities access to real-time
or near real-time observations data for
decision making to protect human and ecological
health and local economies; and
(I) to assess the combined effects of harmful
algal blooms, hypoxia, and stressors such as
runoff and infrastructure changes on marine,
freshwater, or estuarine ecosystems and living
resources;
[(4)](5) coordinate with, and work cooperatively to
provide technical assistance to, regional, State,
tribal, and local government [agencies] entities,
regional coastal observing systems (as defined in
section 12303 of the Integrated Coastal and Ocean
Observation System Act of 2009 (33 U.S.C. 3602)), and
programs that address marine and freshwater harmful
algal blooms and hypoxia;
[(5)](6) coordinate with the Secretary of State to
support international efforts on marine and freshwater
harmful algal bloom and hypoxia information sharing,
research, prediction, mitigation, control, and response
activities;
[(6)](7) 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 and communities affected by
marine and freshwater harmful algal blooms and hypoxia;
[(7)](8) integrate, coordinate, and augment existing
education and extension programs to improve public
understanding and awareness of the causes, impacts,
intervention, and mitigation efforts for marine and
freshwater harmful algal blooms and hypoxia;
[(8)](9) facilitate and provide resources to train
State and local coastal and water resource managers and
Indian tribes in the methods and technologies for
monitoring, preventing, controlling, and mitigating
marine and freshwater harmful algal blooms and hypoxia;
[(9)](10) support regional efforts to control and
mitigate outbreaks through--
(A) communication of the contents of the
Action Strategy and maintenance of online data
portals for other information about harmful
algal blooms and hypoxia to State[, tribal, and
local stakeholders] and local stakeholders and
Indian tribes, Tribal organizations, and Native
Hawaiian organizations; and
(B) overseeing the development, review, and
periodic updating of the Action Strategy;
(11) expand access to testing for harmful algal bloom
toxins, including for subsistence and recreational
harvesters, through innovative methods that increase
the efficiency and effectiveness of such testing in
rural and remote areas;
[(10)](12) convene at least 1 meeting of the Task
Force each year; and
[(11)](13) 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 harmful algal blooms and
hypoxia;
[(2) carry out marine and Great Lakes harmful algal
bloom and hypoxia events response activities;
[(3) develop and enhance, including with respect to
infrastructure, which shall include unmanned systems,
as necessary, critical observations, monitoring,
modeling, data management, information dissemination,
and operational forecasts relevant to harmful algal
blooms and hypoxia events;
[(4) enhance communication and coordination among
Federal agencies carrying out marine and freshwater
harmful algal bloom and hypoxia activities and
research;
[(5) to the greatest extent practicable, leverage
existing resources and expertise available from local
research universities and institutions;
[(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;
[(7) use cost effective methods in carrying out this
Act; and
[(8) develop contingency plans for the long-term
monitoring of hypoxia.]
(f) Cooperation; Duplication of Effort.--The Under Secretary
shall work cooperatively with and avoid duplication of effort
of other agencies on the Task Force and States, Indian tribes,
Tribal organizations, Native Hawaiian organizations, and
nongovernmental organizations concerned with marine and
freshwater issues.
[(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
bloom and hypoxia (and related) activities and research.
[(h) Freshwater.--With respect to the freshwater aspects of
the Program, the Administrator, through the Task Force, shall
carry out the duties otherwise assigned to the Under Secretary
under this section, except the activities described in
subsection (f).
[(1) Participation.--The Administrator's
participation under this section shall include--
[(A) research on the ecology and impacts of
freshwater harmful algal blooms; and
[(B) forecasting and monitoring of and event
response to freshwater harmful algal blooms in
lakes, rivers, estuaries (including their
tributaries), and reservoirs.
[(2) Nonduplication.--The Administrator shall ensure
that activities carried out under this title focus on
new approaches to addressing freshwater harmful algal
blooms and are not duplicative of existing research and
development programs authorized by this title or any
other law.
[(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.]
[33 U.S.C. 4003]
[SEC. 603B. COMPREHENSIVE RESEARCH PLAN AND ACTION STRATEGY
[(a) In General.--Not later than 1 year after the date of
enactment of the Harmful Algal Bloom and Hypoxia Research and
Control Amendments Act of 2014, the Under Secretary, through
the Task Force, shall develop and submit to Congress a
comprehensive research plan and action strategy to address
marine and freshwater harmful algal blooms and hypoxia. The
Action Strategy shall identify--
[(1) the specific activities to be carried out by the
Program and the timeline for carrying out those
activities;
[(2) the roles and responsibilities of each Federal
agency in the Task Force in carrying out the activities
under paragraph (1); and
[(3) the appropriate regions and subregions requiring
specific research and activities to address harmful
algal blooms and hypoxia.
[(b) Regional Focus.--The regional and subregional parts of
the Action Strategy shall identify--
[(1) regional priorities for ecological, economic,
and social research on issues related to the impacts of
harmful algal blooms and hypoxia;
[(2) research, development, and demonstration
activities needed to develop and advance technologies
and techniques for minimizing the occurrence of harmful
algal blooms and hypoxia and improving capabilities to
detect, predict, monitor, control, mitigate, respond
to, and remediate harmful algal blooms and hypoxia;
[(3) ways to reduce the duration and intensity of
harmful algal blooms and hypoxia, including deployment
of response technologies in a timely manner;
[(4) research and methods to address human health
dimensions of harmful algal blooms and hypoxia;
[(5) mechanisms, including the potential costs and
benefits of those mechanisms, to protect ecosystems
that may be or have been affected by harmful algal
bloom and hypoxia events;
[(6) mechanisms by which data, information, and
products may be transferred between the Program and the
State, tribal, and local governments and research
entities;
[(7) communication and information dissemination
methods that State, tribal, and local governments may
undertake to educate and inform the public concerning
harmful algal blooms and hypoxia; and
[(8) roles that Federal agencies may have to assist
in the implementation of the Action Strategy, including
efforts to support local and regional scientific
assessments under section 603(e).
[(c) Utilizing Available Studies and Information.--In
developing the Action Strategy, the Under Secretary shall
utilize existing research, assessments, reports, and program
activities, including--
[(1) those carried out under existing law; and
[(2) other relevant peer-reviewed and published
sources.
[(d) Development of the Action Strategy.--In developing the
Action Strategy, the Under Secretary shall, as appropriate--
[(1) coordinate with--
[(A) State coastal management and planning
officials;
[(B) tribal resource management officials;
and
[(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;
and
[(2) 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.
[(e) Federal Register.--The Under Secretary shall publish the
Action Strategy in the Federal Register.
[(f) Periodic Revision.--The Under Secretary, in coordination
and consultation with the individuals and entities under
subsection (d), shall periodically review and revise the Action
Strategy prepared under this section, as necessary.]
SEC. 603B. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ACTIVITIES.
(a) In General.--The Under Secretary shall--
(1) carry out response activities for marine,
coastal, and Great Lakes harmful algal bloom and
hypoxia events;
(2) develop and enhance operational harmful algal
bloom observing and forecasting programs, including
operational observations and forecasting, monitoring,
modeling, data management, and information
dissemination;
(3) develop forecast modeling that includes the
effect of hurricanes and other weather events on the
resuspension of bioavailable nutrients in sediments and
related interactions with harmful algal blooms;
(4) enhance communication and coordination among
Federal agencies carrying out activities and research
relating to marine and freshwater harmful algal blooms
and hypoxia;
(5) leverage existing resources and expertise
available from local research universities and
institutions; and
(6) use cost effective methods in carrying out this
section.
(b) Integrated Coastal and Ocean Observation System.--The
collection of monitoring and observing data under this section
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 National Integrated Coastal and Ocean
Observation System established under section 12304 of that Act
(33 U.S.C. 3603).
SEC. 603C. ENVIRONMENTAL PROTECTION AGENCY ACTIVITIES.
(a) In General.--The Administrator shall--
(1) carry out research on the ecology and human
health impacts of freshwater harmful algal blooms and
hypoxia events;
(2) develop and enhance operational freshwater
harmful algal bloom monitoring, observing, and
forecasting programs in lakes, rivers, and reservoirs,
and coordinate with the National Oceanic and
Atmospheric Administration on such programs in the
Great Lakes and estuaries (including tributaries
thereof), including operational observations and
forecasting, monitoring, modeling, data management, and
information dissemination, to support event response,
prioritization, prevention, adaptation, and mitigation
activities;
(3) enhance communication and coordination among
Federal agencies carrying out freshwater harmful algal
bloom and hypoxia activities and research;
(4) to the greatest extent practicable, leverage
existing resources and expertise available from Federal
and State partners and local research universities and
institutions; and
(5) use cost-effective methods in carrying out this
section.
(b) Nonduplication.--The Administrator shall ensure that
activities carried out under subsection (a) focus on new
approaches to addressing freshwater harmful algal blooms and
are not duplicative of existing research and development
programs authorized by this title or any other law.
* * * * * * *
[33 U.S.C. 4005]
[SEC. 606. GREAT LAKES HYPOXIA AND HARMFUL ALGAL BLOOMS.
[(a) Integrated Assessment.--Not later than 18 months after
the date of enactment of the Harmful Algal Bloom and Hypoxia
Research and Control Amendments Act of 2014, the Task Force, in
accordance with the authority under section 603, shall complete
and submit to the Congress and the President an integrated
assessment that examines the causes, consequences, and
approaches to reduce hypoxia and harmful algal blooms in the
Great Lakes, including the status of and gaps within current
research, monitoring, management, prevention, response, and
control activities by--
[(1) Federal agencies;
[(2) State agencies;
[(3) regional research consortia;
[(4) academia;
[(5) private industry; and
[(6) nongovernmental organizations.
[(b) Plan.--
[(1) In general.--Not later than 2 years after the
date of enactment of the Harmful Algal Bloom and
Hypoxia Research and Control Amendments Act of 2014,
the Task Force shall develop and submit to the Congress
a plan, based on the integrated assessment under
subsection (a), for reducing, mitigating, and
controlling hypoxia and harmful algal blooms in the
Great Lakes.
[(2) Contents.--The plan shall--
[(A) address the monitoring needs identified
in the integrated assessment under subsection
(a);
[(B) develop a timeline and budgetary
requirements for deployment of future assets;
[(C) identify requirements for the
development and verification of Great Lakes
hypoxia and harmful algal bloom models,
including--
[(i) all assumptions built into the
models; and
[(ii) data quality methods used to
ensure the best available data are
utilized; and
[(D) describe efforts to improve the
assessment of the impacts of hypoxia and
harmful algal blooms by--
[(i) characterizing current and past
biological conditions in ecosystems
affected by hypoxia and harmful algal
blooms; and
[(ii) quantifying effects, including
economic effects, at the population and
community levels.
[(3) Requirements.--In developing the plan, the Task
Force shall--
[(A) coordinate with State and local
governments;
[(B) consult with representatives from
academic, agricultural, industry, and other
stakeholder groups, including relevant Canadian
agencies;
[(C) ensure that the plan complements and
does not duplicate activities conducted by
other Federal or State agencies;
[(D) identify critical research for reducing,
mitigating, and controlling hypoxia events and
their effects;
[(E) evaluate cost-effective, incentive-based
partnership approaches;
[(F) ensure that the plan is technically
sound and cost effective;
[(G) utilize existing research, assessments,
reports, and program activities;
[(H) publish a summary of the proposed plan
in the Federal Register at least 180 days prior
to submitting the completed plan to Congress;
and
[(I) after submitting the completed plan to
Congress, provide biennial progress reports on
the activities toward achieving the objectives
of the plan.]
SEC. 606. NATIONAL HARMFUL ALGAL BLOOM OBSERVING NETWORK.
(a) In General.--The Under Secretary, acting through the
National Centers for Coastal Ocean Science and the Integrated
Ocean Observing System of the National Oceanic and Atmospheric
Administration, shall integrate Federal, State, regional, and
local observing capabilities to establish a national network of
observing systems for the monitoring, detection, and
forecasting of harmful algal blooms by leveraging the capacity
of regional associations of the Integrated Ocean Observing
System, including through the incorporation of emerging
technologies and new data integration methods.
(b) Coordination and Data Assembly.--In carrying out
subsection (a), the Program Office of the Integrated Ocean
Observing System shall--
(1) coordinate with the National Centers for Coastal
Ocean Science regarding observations, data integration,
and information dissemination;
(2) organize, integrate, disseminate, and provide a
central architecture to support ecological forecasting
of harmful algal blooms; and
(3) coordinate with the Water Quality Portal to store
and serve discrete data related to the monitoring of
freshwater, estuarine, and coastal harmful algal
blooms.
SEC. 606A. NATIONAL-LEVEL INCUBATOR PROGRAM.
(a) In General.--The Under Secretary, in collaboration with
the Administrator and research universities and institutions,
shall establish a national-level incubator program (in this
section referred to as the ``program'') to increase the number
of strategies, technologies, and measures available to prevent,
mitigate, and control harmful algal blooms.
(b) Framework.--The program shall establish a framework for
preliminary assessments of novel strategies, technologies, and
measures to prevent, mitigate, and control harmful algal blooms
in order to determine the potential effectiveness and
scalability of such technologies.
(c) Funding.--The program shall provide merit-based funding,
using amounts otherwise available to the Under Secretary for
the award of grants, for strategies, technologies, and measures
that eliminate or reduce, through biological, chemical, or
physical means, the levels of harmful algae and associated
toxins resulting from harmful algal blooms.
(d) Database.--The program shall include a database for
cataloging the licensing and permitting requirements, economic
costs, feasibility, effectiveness, and scalability of novel and
established strategies, technologies, and measures to prevent,
mitigate, and control harmful algal blooms.
(e) Prioritization.--In carrying out the program, the Under
Secretary shall prioritize proposed strategies, technologies,
and measures that would, to the maximum extent practicable--
(1) protect key habitats for fish and wildlife;
(2) maintain biodiversity;
(3) protect public health;
(4) protect coastal resources of national,
historical, and cultural significance; or
(5) benefit low-income communities, Indian tribes,
and rural communities.
* * * * * * *
[33 U.S.C. 4008]
SEC. 609. DEFINITIONS.
In this title:
(1) Action strategy.--The term ``Action Strategy''
[means the comprehensive research plan and action
strategy established under section 603B] means the
action strategy for harmful algal blooms in the United
States most recently submitted under section 603(c).
(2) Administrator.--The term ``Administrator'' means
the Administrator of the Environmental Protection
Agency.
[(3) 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) Harmful algal bloom.--The term ``harmful algal
bloom'' means a high concentration of marine or
freshwater algae (including diatoms), macroalgae
(including Sargassum), or cyanobacteria resulting in
nuisance conditions or harmful impacts on marine and
freshwater ecosystems, subsistence resources,
communities, or human health through the production of
toxic compounds or other biological, chemical, or
physical impacts of the bloom.
(4) Harmful algal bloom and hypoxia event.--The term
``harmful algal bloom and hypoxia event'' means the
occurrence of a harmful algal bloom or hypoxia as a
result of a natural, anthropogenic, or undetermined
cause.
[(4)](5) Hypoxia.--The term ``hypoxia'' means a
condition where low dissolved oxygen in [aquatic]
marine or freshwater systems causes stress or death to
[resident] marine or freshwater organisms.
(6) Indian tribe.--The term ``Indian tribe'' has the
meaning given that term in section 4 of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 5304).
(7) Native hawaiian organization.--The term ``Native
Hawaiian organization'' has the meaning given that term
in section 6207 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7517) and includes the
Department of Hawaiian Home Lands and the Office of
Hawaiian Affairs.
[(5)](8) Program.--The term ``Program'' means the
national harmful algal bloom and hypoxia program
established under section 603A.
[(6)](9) 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.
(10) Subsistence use.--The term ``subsistence use''
means the customary and traditional use of fish,
wildlife, or other freshwater, coastal, or marine
resources by any individual or community to meet
personal or family needs, including essential economic,
nutritional, or cultural applications.
[(7)](11) Task force.--The term ``Task Force'' means
the Inter-Agency Task Force on Harmful Algal Blooms and
Hypoxia under section 603(a).
(12) Tribal organization.--The term ``Tribal
organization'' has the meaning given that term in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
[(8)](13) 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.]
[33 U.S.C. 4009]
SEC. 610. AUTHORIZATION OF APPROPRIATIONS.
[(a) In General.--There is authorized to be appropriated to
the Under Secretary to carry out sections 603A and 603B
$20,500,000 for each of fiscal years 2014 through 2018, and
$20,500,000 for each of fiscal years 2019 through 2023.]
(a) In General.--There is authorized to be appropriated to
carry out this title, for each of fiscal years 2026 through
2030--
(1) $19,500,000 to the Under Secretary; and
(2) $8,000,000 to the Administrator.
(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. For each
fiscal year, the Under Secretary shall publish a list of all
grant recipients and the amounts for all of the funds allocated
for research purposes, specifying those allocated for
extramural research activities.
(c) Transfer Authority.--As specifically provided in advance
in appropriations Acts, the Under Secretary or the
Administrator may transfer funds made available to carry out
this title to the head of any Federal department or agency,
with the concurrence of such head, to carry out, as
appropriate, relevant provisions of this title and section 9(g)
of the National Integrated Drought Information System
Reauthorization Act of 2018 (33 U.S.C. 4010).
* * * * * * *
NATIONAL INTEGRATED DROUGHT INFORMATION SYSTEM REAUTHORIZATION ACT OF
2018
* * * * * * *
[33 U.S.C. 4001 note]
SEC. 9. HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND CONTROL.
(a) * * *
(b) * * *
(c) * * *
(d) * * *
(e) * * *
(f) * * *
[33 U.S.C. 4010]
(g) Hypoxia or Harmful Algal Bloom of National
Significance.--
(1) Relief.--
(A) In general.--Upon a determination under
paragraph (2) that there is an event of
national significance, the appropriate Federal
official is authorized to make sums available
to the affected State or local government for
the purposes of assessing and mitigating the
detrimental environmental, economic,
subsistence use, and public health effects of
the event of national significance.
(B) Federal share.--The Federal share of the
cost of any activity carried out under this
paragraph for the purposes described in
subparagraph (A) may not exceed 50 percent of
the cost of that activity. The appropriate
Federal official may waive the non-Federal
share requirements of the preceding sentence if
such official determines no reasonable means
are available through which the recipient of
the Federal share can meet the non-Federal
share requirement.
(C) Donations.--Notwithstanding any other
provision of law, an appropriate Federal
official may accept donations of funds,
services, facilities, materials, or equipment
that the appropriate Federal official considers
necessary for the purposes described in
subparagraph (A). Any funds donated to an
appropriate Federal official under this
paragraph may be expended without further
appropriation and without fiscal year
limitation.
(D) Contract, cooperative agreement, and
grant authority.--The appropriate Federal
official may enter into contracts, cooperative
agreements, and grants with States, Indian
Tribes, Tribal organizations, Native Hawaiian
organizations, local governments, or other
entities to pay for or reimburse costs incurred
by such entities for the purposes of supporting
the determination of, and assessing the
environmental, economic, subsistence use, and
public health effects of, an event of national
significance.
(2) Determinations.--
(A) In general.--At the discretion of an
appropriate Federal official, or at the request
of the Governor of an affected State, a
leadership official of an affected Indian
Tribe, the executive official of the District
of Columbia, or the executive official of an
affected territory or possession of the United
States, an appropriate Federal official shall
determine whether a hypoxia or harmful algal
bloom event is an event of national
significance.
(B) Considerations.--In making a
determination under subparagraph (A), the
appropriate Federal official shall [consider
the toxicity of the harmful algal bloom, the
severity of the hypoxia, its potential to
spread, the economic impact, the relative size
in relation to the past 5 occurrences of
harmful algal blooms or hypoxia events that
occur on a recurrent or annual basis, and the
geographic scope, including the potential to
affect several municipalities, to affect more
than 1 State, or to cross an international
boundary.] consider factors such as--
(i) the risk to public health and the
potential severity of the detrimental
environmental effects of the hypoxia or
harmful algal bloom event, as indicated
by--
(I) data on shellfish or
water quality obtained through
sampling programs, including
baseline data, and regulatory
or advisory thresholds
established to explain
management actions related to
the event;
(II) toxin levels in fish,
marine mammals, seabirds,
shellfish, or water during the
event;
(III) toxic aerosols produced
during the event, including
potential human exposures to
toxic aerosols;
(IV) reports of human or
animal illnesses or mortalities
during the event;
(V) any closures of fishing
or shellfish harvesting
locations or recreational
public waters, including
beaches, during the event;
(VI) the duration and spatial
extent of the event; or
(VII) impacts to habitats or
ecosystems associated with the
event;
(ii) the potential economic, food
safety and security, and subsistence
impacts associated with the hypoxia or
harmful algal bloom event, including to
fisheries and aquaculture, recreation
and tourism, monitoring and management,
resource use, and event response
activities, assessed in comparison with
historical data from when a State or
region did not experience such an
event, as possible, as indicated by--
(I) increases in public
health expenditures;
(II) losses to commercial
fisheries and aquaculture
industries, recreation and
tourism, real estate, and other
impacted industries or
businesses;
(III) increases in monitoring
and management expenditures,
including costs incurred for
event response and clean-up
(such as for beach clean-up
following an influx of biomass
or a fish-kill) by public or
private sectors; or
(IV) impacts to subsistence
resources, including
nutritional, resource use, and
economic effects on subsistence
communities;
(iii) the relative magnitude of those
impacts in relation to past occurrences
of hypoxia or harmful algal bloom
events that occur on a recurrent or
annual basis; and
(iv) the geographic scope of the
hypoxia or harmful algal bloom event,
including the potential of the event to
affect several municipalities, to
affect more than 1 State, or to cross
an international boundary.
(3) Definitions.--In this subsection:
(A) Appropriate federal official.--The term
``appropriate Federal official'' means--
(i) in the case of a marine or
coastal hypoxia or harmful algal bloom
event, the Under Secretary of Commerce
for Oceans and Atmosphere; and
(ii) in the case of a freshwater
hypoxia or harmful algal bloom event,
the Administrator of the Environmental
Protection Agency.
(B) Event of national significance.--The term
``event of national significance'' means a
hypoxia or harmful algal bloom event that has
had or will likely have a significant
detrimental environmental, economic,
subsistence use, or public health impact on an
affected State.
(C) Hypoxia or harmful algal bloom event.--
The term ``hypoxia or harmful algal bloom
event'' means the occurrence of hypoxia or a
harmful algal bloom as a result of a natural,
anthropogenic, or undetermined cause.
(D) Indian tribe.--The term ``Indian Tribe''
has the meaning given that term in section 4 of
the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304).
(E) Native hawaiian organization.--The term
`Native Hawaiian organization'' has the meaning
given that term in section 6207 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7517) and includes the Department of
Hawaiian Home Lands and the Office of Hawaiian
Affairs.
(F) Subsistence use.--The term ``subsistence
use'' means the customary and traditional use
of fish, wildlife, or other freshwater,
coastal, or marine resources by any individual
or community to meet personal or family needs,
including essential economic, nutritional, or
cultural applications.
(G) Tribal organization.--The term ``Tribal
organization'' has the meaning given that term
in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304).
(4) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
subsection $2,000,000 for each of fiscal years 2026
through 2030, to remain available until expended.
(h) * * *
[all]