[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 644 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 644
To amend the Harmful Algal Bloom and Hypoxia Research and Control Act
of 1998 to address harmful algal blooms, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 23, 2025
Ms. Bonamici (for herself and Mr. Joyce of Ohio) introduced the
following bill; which was referred to the Committee on Science, Space,
and Technology, and in addition to the Committee on Natural Resources,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To amend the Harmful Algal Bloom and Hypoxia Research and Control Act
of 1998 to address harmful algal blooms, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Harmful Algal Bloom and Hypoxia
Research and Control Amendments Act of 2025''.
SEC. 2. AMENDMENTS TO THE HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND
CONTROL ACT OF 1998.
(a) Assessments.--
(1) In general.--Section 603 of the Harmful Algal Bloom 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;''; and
(IV) 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 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.''.
(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 Bloom 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 subsection (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 subsections (g), (h), and (i).
(c) National Oceanic and Atmospheric Administration Activities.--
(1) In general.--Section 603B of the Harmful Algal Bloom
and Hypoxia Research and Control Act of 1998 (33 U.S.C. 4003)
is amended to read as follows:
``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).''.
(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:
``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.''.
(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 Observing Network.--
(1) In general.--Section 606 of the Harmful Algal Bloom and
Hypoxia Research and Control Act of 1998 (33 U.S.C. 4005) is
amended to read as follows:
``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.''.
(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 Bloom and Hypoxia
Research and Control Act of 1998 is amended by inserting after
section 606 (33 U.S.C. 4005) the following:
``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.''.
(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 Bloom 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 Bloom 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 2026 through 2030--
``(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.--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).''.
SEC. 3. OTHER HARMFUL ALGAL BLOOM AND HYPOXIA 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, subsistence use, and public health effects
of, an 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 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) 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) 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).''; 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 2026 through 2030, to remain available
until expended.''.
<all>