105 S3348 RS: Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2023
U.S. Senate
2024-09-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
II
Calendar No. 512
118th CONGRESS
2d Session
S. 3348
IN THE SENATE OF THE UNITED STATES
November 27, 2023
Mr. Sullivan (for himself, Ms. Baldwin, Mr. Blumenthal, Mr. King, Mr. Peters, Ms. Murkowski, Mr. Kennedy, Mr. Merkley, Mr. Wicker, Ms. Collins, Mr. Padilla, Ms. Butler, Mr. Whitehouse, Mr. Cassidy, Mr. Cornyn, and Mr. Coons) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation
September 17, 2024
Reported by Ms. Cantwell, with an amendment
Strike out all after the enacting clause and insert the part printed in italic
A BILL
To amend the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 to address harmful algal blooms, and for other purposes.
1.

Short title
This Act may be cited as the “Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2023”.
2.

Amendments to the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998
(a)

Assessments
(1)

In general
Section 603 of the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 (33 U.S.C. 4001) is amended—
(A)
in the section heading, by striking “Assessments” and inserting “Task Force, assessments, and Action Strategy”;
(B)
in subsection (a)—
(i)
by redesignating paragraphs (13) and (14) as paragraphs (14) and (15), respectively; and
(ii)
by inserting after paragraph (12) the following:
“(13)
the Department of Energy;”;
(C)
by striking subsections (b), (c), (d), (e), (g), (h), and (i) and redesignating subsection (f) as subsection (b);
(D)
in subsection (b), as so redesignated—
(i)
in paragraph (1), in the first sentence, by striking “coastal waters including the Great Lakes” and inserting “marine, estuarine, and freshwater systems”; and
(ii)
in paragraph (2)—
(I)
by amending subparagraph (A) to read as follows:
“(A)
examine—
(i)
the causes and ecological consequences of hypoxia on marine and aquatic species in their natural environments; and
(ii)
the socio-cultural or economic costs of hypoxia, including impacts on food safety and security;”;
(II)
by redesignating subparagraphs (B), (C), and (D) as subparagraphs (D), (E), and (F), respectively;
(III)
by inserting after subparagraph (A) the following:
“(B)
examine the effect of other environmental stressors on hypoxia;
(C)
evaluate alternatives for reducing, mitigating, and controlling hypoxia and its environmental impacts;”;
(IV)
in subparagraph (D), as redesignated by subclause (II), by inserting “, social,” after “ecological”; and
(V)
in subparagraph (E), as redesignated by subclause (II), by striking “hypoxia modeling and monitoring data” and inserting “hypoxia modeling, forecasting, and monitoring and observation data”; and
(E)
by adding at the end the following:
“(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 and upper reaches of estuaries;
(ii)
in freshwater lakes and rivers; and
(iii)
that originate in freshwater lakes or rivers and migrate to coastal waters;
(B)
examine the causes, ecological consequences, and economic or socio-cultural impacts, including food safety and security, 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, social, cultural, 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, social, 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.”.
(2)

Clerical amendment
The table of contents in section 2 of the Coast Guard Authorization Act of 1998 (Public Law 105–383; 112 Stat. 3412; 136 Stat. 1268) is amended by striking the item relating to section 603 and inserting the following:
“Sec. 603. Task Force, assessments, and Action Strategy.”.
(3)

Conforming amendment
Section 102 of the Harmful Algal Bloom and Hypoxia Amendments Act of 2004 (33 U.S.C. 4001a) is amended by striking “In developing” and all that follows through “management.”.
(b)

National Harmful Algal Bloom and Hypoxia Program
Section 603A of the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 (33 U.S.C. 4002) is amended—
(1)
in subsection (a)—
(A)
in paragraph (1)—
(i)
by striking “predicting,” and inserting “monitoring, observing, forecasting,”; and
(ii)
by striking “and” after the semicolon; and
(B)
by striking paragraph (2) and inserting the following:
“(2)
the scientific assessment submitted under section 603(b); and
(3)
the Action Strategy.”;
(2)
in subsection (c)—
(A)
in paragraph (3), by striking “ocean and Great Lakes science and management programs and centers” and inserting “programs and centers relating to the science and management of marine, estuarine, and freshwater systems”; and
(B)
in paragraph (5), by inserting “while recognizing each agency is acting under its own independent mission and authority” before the semicolon;
(3)
in subsection (d), by striking “Except as provided in subsection (h), the” and inserting “The”;
(4)
in subsection (e)—
(A)
in the matter preceding paragraph (1), by inserting “(or the Administrator, as provided under subsection (g))” after “Under Secretary”;
(B)
by amending paragraph (2) to read as follows:
“(2)
examine, in collaboration with State and local entities and Indian tribes, including island communities, low-population rural communities, Indigenous communities, subsistence communities, fisheries, and recreation industries that are most dependent on coastal and water resources that may be impacted by marine and freshwater harmful algal blooms and hypoxia, the causes, ecological consequences, cultural impacts, and social and economic costs of harmful algal blooms and hypoxia;”;
(C)
by striking paragraph (3);
(D)
by redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5), respectively;
(E)
in paragraph (3), as so redesignated, by striking “agencies” and inserting “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)),”;
(F)
in paragraph (5), as redesignated by subparagraph (D), by inserting “and communities” after “ecosystems”;
(G)
by inserting after paragraph (5), as redesignated by subparagraph (D), the following:
“(6)
support sustained observations, including through peer-reviewed, merit-based, competitive grant funding, to provide State and local entities, Indian tribes, and other entities access to real-time or near real-time observation data for decision-making to protect human and ecological health and local economies;”;
(H)
in paragraph (8), by inserting “and Indian tribes” after “managers”; and
(I)
in paragraph (9)(A), by striking “, tribal, and local stakeholders” and inserting “and local stakeholders and Indian tribes”;
(5)
by amending subsections (f), (g), and (h) to read as follows:
“(f)

Cooperation and coordination
The Under Secretary shall—
(1)
work cooperatively with and avoid duplication of effort of other agencies on the Task Force and States, Indian tribes, and nongovernmental organizations concerned with marine and freshwater issues; and
(2)
coordinate harmful algal bloom and hypoxia and related activities and research with those entities.
(g)

Freshwater and estuarine program duties
The Administrator, in coordination with the Task Force, shall—
(1)
carry out the duties under the Administrator’s purview under subsection (e) for freshwater aspects of the Program through the activities required under section 603C; and
(2)
coordinate with the Under Secretary on estuarine aspects of the Program through the activities required under this section.
(h)

Anti-Deficiency Act applied to harmful algal bloom services
Any services accepted by an officer or employee of the United States Government under this title relating to the development and dissemination of forecasts and bulletins through the Harmful Algal Bloom Operational Forecast System of the National Centers for Coastal Ocean Science and the National Oceanic and Atmospheric Administration shall be considered, for purposes of section 1342 of title 31, United States Code, services for an emergency involving the safety of human life or the protection of property. Such consideration shall apply only to services performed for areas with active harmful algal blooms during any lapse in appropriations beginning on or after the date of the enactment of the Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2023.”; and
(6)
by striking subsection (i).
(c)

National Oceanic and Atmospheric Administration activities
(1)

In general
Section 603B of the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 (33 U.S.C. 4003) is amended to read as follows:
“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)
maintain and enhance peer-reviewed, merit-based, competitive grant funding relating to harmful algal blooms and hypoxia—
(A)
to maintain and enhance baseline monitoring programs established by the Program;
(B)
to support the projects maintained and established by the Program;
(C)
to address the research and management needs and priorities identified in the Action Strategy;
(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 bloom and hypoxia, with a particular focus on coastal waters that may affect fisheries, public health, or subsistence harvest;
(F)
to examine the effects of other environmental stressors on harmful algal blooms and hypoxia;
(G)
to assess the effects of multiple environmental stressors on living marine resources and coastal ecosystems; and
(H)
to evaluate adaptation and mitigation strategies to address the impacts of harmful algal blooms and hypoxia;
(4)
enhance communication and coordination among Federal agencies carrying out activities and research relating to marine and freshwater harmful algal bloom and hypoxia;
(5)
to the greatest extent practicable, 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).”.
(2)

Clerical amendment
The table of contents in section 2 of the Coast Guard Authorization Act of 1998 (Public Law 105–383; 112 Stat. 3412; 136 Stat. 1268) is amended by striking the item relating to section 603B and inserting the following:
“Sec. 603B. National Oceanic and Atmospheric Administration activities.”.
(d)

Environmental Protection Agency activities
(1)

In general
The Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 is amended by inserting after section 603B (33 U.S.C. 4003) the following:
“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 maintain forecasting and monitoring of, and event response to, freshwater harmful algal blooms in lakes, rivers, estuaries (including tributaries thereof), and reservoirs;
(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 at 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.”.
(2)

Clerical amendment
The table of contents in section 2 of the Coast Guard Authorization Act of 1998 (Public Law 105–383; 112 Stat. 3412; 136 Stat. 1268) is amended by inserting after the item relating to section 603B the following:
“Sec. 603C. Environmental Protection Agency activities.”.
(e)

National harmful algal bloom and hypoxia observing network
(1)

In general
Section 606 of the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 (33 U.S.C. 4005) is amended to read as follows:
“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, such as artificial intelligence.
(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; and
(2)
establish a center for the assembly of data on harmful algal blooms to integrate, disseminate, and provide a central architecture to support ecological forecasting.”.
(2)

Clerical amendment
The table of contents in section 2 of the Coast Guard Authorization Act of 1998 (Public Law 105–383; 112 Stat. 3412; 136 Stat. 1268) is amended by striking the item relating to section 606 and inserting the following:
“Sec. 606. National harmful algal bloom observing network.”.
(f)

National-Level incubator program
(1)

In general
The Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 is amended by inserting after section 606 (33 U.S.C. 4005) the following:
“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 or Indigenous communities, and rural communities.”.
(2)

Clerical amendment
The table of contents in section 2 of the Coast Guard Authorization Act of 1998 (Public Law 105–383; 112 Stat. 3412; 136 Stat. 1268) is amended by inserting after the item relating to section 606 the following:
“Sec. 606A. National-level incubator program.”.
(g)

Definitions
Section 609 of the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 (33 U.S.C. 4008) is amended—
(1)
in paragraph (1), by striking “means the comprehensive research plan and action strategy established under section 603B” and inserting “means the action strategy for harmful algal blooms in the United States most recently submitted under section 603(c)”;
(2)
by amending paragraph (3) to read as follows:
“(3)

Harmful algal bloom
The term harmful algal bloom means a high concentration of marine or freshwater algae or macroalgae, including Sargassum, resulting in nuisance conditions or harmful impacts on marine and freshwater ecosystems, communities, or human health through the production of toxic compounds or other biological, chemical, or physical impacts of the algae outbreak.”;
(3)
by striking paragraph (9);
(4)
by redesignating paragraphs (4), (5), (6), (7), and (8) as paragraphs (6), (7), (8), (10), and (11), respectively;
(5)
by inserting after paragraph (3) the following:
“(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.
(5)

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).” ;
(6)
in paragraph (6), as redesignated by paragraph (4)—
(A)
by striking “aquatic” and inserting “marine or freshwater”; and
(B)
by striking “resident” and inserting “marine or freshwater”; and
(7)
by inserting after paragraph (8), as redesignated by paragraph (4), the following:
“(9)

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.”.
(h)

Authorization of appropriations
Subsection (a) of section 610 of the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 (33 U.S.C. 4009) is amended to read as follows:
“(a)

In general
There is authorized to be appropriated to carry out this title, for each of fiscal years 2024 through 2028—
(1)
$19,500,000 to the Under Secretary; and
(2)
$8,000,000 to the Administrator.”.
3.

Other harmful algal bloom matters
(a)

Harmful algal bloom or hypoxia event of national significance
Section 9(g) of the National Integrated Drought Information System Reauthorization Act of 2018 (33 U.S.C. 4010(g)) is amended—
(1)
in paragraph (1), by adding at the end the following:
“(D)

Contract, grant, and cooperative agreement authority
The Under Secretary of Commerce for Oceans and Atmosphere may enter into agreements and grants with States, Indian Tribes, 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, social, subsistence use, and public health effects of, a harmful algal bloom or hypoxia event of national significance.”;
(2)
in paragraph (2)(A), by inserting “, 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,” after “State”; and
(3)
by adding at the end the following:
“(4)

Authorization of appropriations
There is authorized to be appropriated to carry out this subsection $2,000,000 for each of fiscal years 2024 through 2028, to remain available until expended.”.
(b)

Protect families from toxic algal blooms
Section 128 of the Water Resources Development Act of 2020 (33 U.S.C. 610 note; division AA of Public Law 116–260) is amended—
(1)
by redesignating subsection (e) as subsection (f); and
(2)
by inserting after subsection (d) the following:
“(e)

Harmful algal bloom technologies
In carrying out the demonstration program under subsection (a), the Secretary may enter into agreements with water and irrigation districts located in the focus areas described in subsections (c) and (d) for the use or sale of any new technologies developed under the demonstration program to expedite the removal of harmful algal blooms in those areas.”.
1.

Short title
This Act may be cited as the “Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2024”.
2.

Amendments to the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998
(a)

Assessments
(1)

In general
Section 603 of the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 (33 U.S.C. 4001) is amended—
(A)
in the section heading, by striking “Assessments” and inserting “Task Force, assessments, and Action Strategy”;
(B)
in subsection (a)—
(i)
by redesignating paragraphs (13) and (14) as paragraphs (14) and (15), respectively; and
(ii)
by inserting after paragraph (12) the following:
“(13)
the Department of Energy;”;
(C)
by striking subsections (b), (c), (d), (e), (g), (h), and (i) and redesignating subsection (f) as subsection (b);
(D)
in subsection (b), as so redesignated—
(i)
in paragraph (1), in the first sentence, by striking “coastal waters including the Great Lakes” and inserting “marine, estuarine, and freshwater systems”; and
(ii)
in paragraph (2)—
(I)
by amending subparagraph (A) to read as follows:
“(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;” ;
(II)
by redesignating subparagraphs (B), (C), and (D) as subparagraphs (D), (E), and (F), respectively;
(III)
by inserting after subparagraph (A) the following:
“(B)
examine the effect of other environmental stressors on hypoxia;
(C)
evaluate alternatives for reducing, mitigating, and controlling hypoxia and its environmental impacts;”;
(IV)
in subparagraph (D), as redesignated by subclause (II), by inserting “, social,” after “ecological”; and
(V)
in subparagraph (E), as redesignated by subclause (II), by striking “hypoxia modeling and monitoring data” and inserting “hypoxia modeling, forecasting, and monitoring and observation data”; and
(E)
by adding at the end the following:
“(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 fish function, and economic or socio-cultural impacts, including food safety and security, 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, social, cultural, 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, social, 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.”.
(2)

Clerical amendment
The table of contents in section 2 of the Coast Guard Authorization Act of 1998 (Public Law 105–383; 112 Stat. 3412; 136 Stat. 1268) is amended by striking the item relating to section 603 and inserting the following:
“Sec. 603. Task Force, assessments, and Action Strategy.”.
(3)

Conforming amendment
Section 102 of the Harmful Algal Bloom and Hypoxia Amendments Act of 2004 (33 U.S.C. 4001a) is amended by striking “In developing” and all that follows through “management.”.
(b)

National Harmful Algal Bloom and Hypoxia Program
Section 603A of the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 (33 U.S.C. 4002) is amended—
(1)
in subsection (a)—
(A)
in paragraph (1)—
(i)
by striking “predicting,” and inserting “monitoring, observing, forecasting,”; and
(ii)
by striking “and” after the semicolon; and
(B)
by striking paragraph (2) and inserting the following:
“(2)
the scientific assessment submitted under section 603(b); and
(3)
the Action Strategy.”;
(2)
in subsection (c)—
(A)
in paragraph (3), by striking “ocean and Great Lakes science and management programs and centers” and inserting “programs and centers relating to the science and management of marine, estuarine, and freshwater systems”; and
(B)
in paragraph (5), by inserting “while recognizing each agency is acting under its own independent mission and authority” before the semicolon;
(3)
in subsection (d), by striking “Except as provided in subsection (h), the” and inserting “The”;
(4)
in subsection (e)—
(A)
by striking paragraph (2) and inserting the following:
“(2)
examine the causes, ecological consequences, and costs of harmful algal blooms and hypoxia;”;
(B)
in paragraph (3)—
(i)
in subparagraph (B), by inserting “, including the annual Gulf of Mexico hypoxia zone mapping cruise” after “Program”;
(ii)
in subparagraph (C), by striking “and” after the semicolon; and
(iii)
by adding at the end the following:
“(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;”;
(C)
in paragraph (4), by striking “agencies” and inserting “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)),”;
(D)
in paragraph (6), by inserting “and communities” after “ecosystems”;
(E)
in paragraph (8), by inserting “and Indian tribes” after “managers”;
(F)
in paragraph (9)(A), by striking “, tribal, and local stakeholders” and inserting “and local stakeholders and Indian tribes, Tribal organizations, and Native Hawaiian organizations”;
(G)
by redesignating paragraphs (3), (4), (5), (6), (7), (8), (9), (10), and (11) as paragraphs (4), (5), (6), (7), (8), (9), (10), (12), and (13), respectively;
(H)
by inserting after paragraph (2) the following:
“(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;” ; and
(I)
by inserting after paragraph (10), as redesignated by subparagraph (G), the following:
“(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;”;
(5)
by amending subsections (f) to read as follows:
“(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.”; and
(6)
by striking subsection (g), (h), and (i).
(c)

National Oceanic and Atmospheric Administration activities
(1)

In general
Section 603B of the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 (33 U.S.C. 4003) is amended to read as follows:
“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 bloom 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).”.
(2)

Clerical amendment
The table of contents in section 2 of the Coast Guard Authorization Act of 1998 (Public Law 105–383; 112 Stat. 3412; 136 Stat. 1268) is amended by striking the item relating to section 603B and inserting the following:
“Sec. 603B. National Oceanic and Atmospheric Administration activities.”.
(d)

Environmental Protection Agency activities
(1)

In general
The Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 is amended by inserting after section 603B (33 U.S.C. 4003) the following:
“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.”.
(2)

Clerical amendment
The table of contents in section 2 of the Coast Guard Authorization Act of 1998 (Public Law 105–383; 112 Stat. 3412; 136 Stat. 1268) is amended by inserting after the item relating to section 603B the following:
“Sec. 603C. Environmental Protection Agency activities.”.
(e)

National harmful algal bloom and hypoxia observing network
(1)

In general
Section 606 of the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 (33 U.S.C. 4005) is amended to read as follows:
“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.”.
(2)

Clerical amendment
The table of contents in section 2 of the Coast Guard Authorization Act of 1998 (Public Law 105–383; 112 Stat. 3412; 136 Stat. 1268) is amended by striking the item relating to section 606 and inserting the following:
“Sec. 606. National harmful algal bloom observing network.”.
(f)

National-level incubator program
(1)

In general
The Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 is amended by inserting after section 606 (33 U.S.C. 4005) the following:
“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.”.
(2)

Clerical amendment
The table of contents in section 2 of the Coast Guard Authorization Act of 1998 (Public Law 105–383; 112 Stat. 3412; 136 Stat. 1268) is amended by inserting after the item relating to section 606 the following:
“Sec. 606A. National-level incubator program.”.
(g)

Definitions
Section 609 of the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 (33 U.S.C. 4008) is amended—
(1)
in paragraph (1), by striking “means the comprehensive research plan and action strategy established under section 603B” and inserting “means the action strategy for harmful algal blooms in the United States most recently submitted under section 603(c)”;
(2)
by amending paragraph (3) to read as follows:
“(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.”;
(3)
by striking paragraph (9);
(4)
by redesignating paragraphs (4), (5), (6), (7), and (8) as paragraphs (5), (8), (9), (11), and (13), respectively;
(5)
by inserting after paragraph (3) the following:
“(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.”;
(6)
in paragraph (5), as redesignated by paragraph (4)—
(A)
by striking “aquatic” and inserting “marine or freshwater”; and
(B)
by striking “resident” and inserting “marine or freshwater”;
(7)
by inserting after paragraph (5), as redesignated by paragraph (4), the following:
“(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.”;
(8)
by inserting after paragraph (9), as redesignated by paragraph (4), the following:
“(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.”; and
(9)
by inserting after paragraph (11), as redesignated by paragraph (4), the following:
“(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).”.
(h)

Authorization of appropriations
Section 610 of the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 (33 U.S.C. 4009) is amended—
(1)
by amending subsection (a) to read as follows:
“(a)

In general
There is authorized to be appropriated to carry out this title, for each of fiscal years 2025 through 2029—
(1)
$19,500,000 to the Under Secretary; and
(2)
$8,000,000 to the Administrator.”; and
(2)
by adding at the end the following:
“(c)

Transfer authority
The Under Secretary or the Administrator may make a direct non-expenditure transfer of funds authorized to be appropriated pursuant to subsection (a) 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).”.
3.

Other harmful algal bloom matters
Section 9(g) of the National Integrated Drought Information System Reauthorization Act of 2018 (33 U.S.C. 4010) is amended—
(1)
in paragraph (1)—
(A)
in subparagraph (B), by adding at the end the following new sentence: “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.”; and
(B)
by adding at the end the following:
“(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, social, subsistence use, and public health effects of, a harmful algal bloom or hypoxia event of national significance.”;
(2)
in paragraph (2)—
(A)
in subparagraph (A), by inserting “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,” after “State,”; and
(B)
in subparagraph (B), by striking “consider” and all that follows through “boundary.” and inserting “consider factors such as—
“(i)
the risk to public health and the potential severity of the detrimental environmental effects of the harmful algal bloom or hypoxia 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, social, and subsistence impacts associated with the harmful algal bloom or hypoxia event, including to fisheries and aquaculture, recreation and tourism, monitoring and management, social or cultural 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, cultural, and economic effects on subsistence communities;
(iii)
the relative magnitude of those impacts in relation to past occurrences of harmful algal bloom or hypoxia events that occur on a recurrent or annual basis; and
(iv)
the geographic scope of the harmful algal bloom or hypoxia event, including the potential of the event to affect several municipalities, to affect more than 1 State, or to cross an international boundary.”;
(3)
in paragraph (3), by adding at the end the following:
“(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)

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).”; and
(4)
by adding at the end the following:
“(4)

Authorization of appropriations
There is authorized to be appropriated to carry out this subsection $2,000,000 for each of fiscal years 2025 through 2029, to remain available until expended.”.
September 17, 2024
Reported with an amendment