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113th Congress } { Rept. 113-471
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND CONTROL AMENDMENTS ACT OF
2014
_______
June 5, 2014.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Smith of Texas, from the Committee on Science, Space, and
Technology, submitted the following
R E P O R T
[To accompany S. 1254]
[Including cost estimate of the Congressional Budget Office]
The Committee on Science, Space, and Technology, to whom
was referred the bill (S. 1254) to amend the Harmful Algal
Blooms and Hypoxia Research and Control Act of 1998, and for
other purposes, having considered the same, report favorably
thereon with an amendment and recommend that the bill, as
amended, do pass.
CONTENTS
Page
I. Amendment.......................................................2
II. Purpose and Summary.............................................7
III. Background and Need for the Legislation.........................7
IV. Hearing Summary.................................................8
V. Committee Consideration.........................................8
VI. Committee Votes.................................................8
VII. Summary of Major Provisions of the Bill........................10
VIII. Committee Views................................................10
IX. Committee Oversight Findings...................................11
X. Statement on General Performance Goals and Objectives..........11
XI. New Budget Authority, Entitlement Authority, and Tax Expenditur11
XII. Advisory on Earmarks...........................................11
XIII. Committee Cost Estimate........................................11
XIV. Congressional Budget Office Cost Estimate......................12
XV. Federal Mandates Statement.....................................13
XVI. Compliance with House Resolution 5.............................13
XVII. Federal Advisory Committee Statement...........................13
XVIII.Applicability to Legislative Branch............................14
XIX. Section-by-Section Analysis of the Legislation.................14
XX. Changes in Existing Law Made by the Bill, As Reported..........17
XXI. Exchange of Committee Correspondence...........................26
XXII. Proceedings of the Full Committee Markup.......................31
I. Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Harmful Algal Bloom and Hypoxia
Research and Control Amendments Act of 2014''.
SEC. 2. REFERENCES TO THE HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND
CONTROL ACT OF 1998.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Harmful Algal Bloom and
Hypoxia Research and Control Act of 1998 (16 U.S.C. 1451 note).
SEC. 3. INTER-AGENCY TASK FORCE ON HARMFUL ALGAL BLOOMS AND HYPOXIA.
Section 603(a) is amended--
(1) by striking ``the following representatives from'' and
inserting ``a representative from'';
(2) in paragraph (11), by striking ``and'';
(3) by redesignating paragraph (12) as paragraph (13);
(4) by inserting after paragraph (11) the following:
``(12) the Centers for Disease Control and Prevention; and'';
and
(5) in paragraph (13), as redesignated, by striking ``such''.
SEC. 4. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA PROGRAM.
The Act is amended by inserting after section 603 the following:
``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, 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.
``(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, 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;
``(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
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;
``(2) prepare work and spending plans for implementing the
research and activities identified under the Action Strategy;
``(3) 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; and
``(C) to address the research and management needs
and priorities identified in the Action Strategy;
``(4) coordinate with and work cooperatively with regional,
State, tribal, and local government agencies and programs that
address marine and freshwater harmful algal blooms and hypoxia;
``(5) coordinate with the Secretary of State to support
international efforts on marine and freshwater harmful algal
bloom and hypoxia information sharing, research, prediction,
mitigation, control, and response activities;
``(6) identify additional research, development, and
demonstration needs and priorities relating to monitoring,
prevention, control, mitigation, and response to marine and
freshwater harmful algal blooms and hypoxia, including methods
and technologies to protect the ecosystems affected by marine
and freshwater harmful algal blooms and hypoxia;
``(7) integrate, coordinate, and augment existing education
programs to improve public understanding and awareness of the
causes, impacts, and mitigation efforts for marine and
freshwater harmful algal blooms and hypoxia;
``(8) facilitate and provide resources to train State and
local coastal and water resource managers in the methods and
technologies for monitoring, preventing, controlling, and
mitigating marine and freshwater harmful algal blooms and
hypoxia;
``(9) support regional efforts to control and mitigate
outbreaks through--
``(A) communication of the contents of the Action
Strategy and maintenance of online data portals for
other information about harmful algal blooms and
hypoxia to State, tribal, and local stakeholders; and
``(B) overseeing the development, review, and
periodic updating of the Action Strategy;
``(10) convene at least 1 meeting of the Task Force each
year; and
``(11) perform such other tasks as may be delegated by the
Task Force.
``(f) National Oceanic and Atmospheric Administration Activities.--
The Under Secretary shall--
``(1) maintain and enhance the existing competitive programs
at the National Oceanic and Atmospheric Administration relating
to 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 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; and
``(6) increase the availability to appropriate public and
private entities of--
``(A) analytical facilities and technologies;
``(B) operational forecasts; and
``(C) reference and research materials.
``(g) Cooperative Efforts.--The Under Secretary shall work
cooperatively and avoid duplication of effort with other offices,
centers, and programs within the National Oceanic and Atmospheric
Administration, other agencies on the Task Force, and States, tribes,
and nongovernmental organizations concerned with marine and freshwater
issues to coordinate harmful algal 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.''.
SEC. 5. COMPREHENSIVE RESEARCH PLAN AND ACTION STRATEGY.
The Act, as amended by section 4 of this Act, is further amended by
inserting after section 603A the following:
``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. 6. REPORTING.
Section 603 is amended by adding at the end the following:
``(j) 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.''.
SEC. 7. NORTHERN GULF OF MEXICO HYPOXIA.
Section 604 is amended to read as follows:
``SEC. 604. NORTHERN GULF OF MEXICO HYPOXIA.
``(a) Initial Progress Reports.--Beginning not later than 12 months
after the date of enactment of the Harmful Algal Bloom and Hypoxia
Research and Control Amendments Act of 2014, and biennially thereafter,
the Administrator, through the Mississippi River/Gulf of Mexico
Watershed Nutrient Task Force, shall submit a progress report to the
appropriate congressional committees and the President that describes
the progress made by activities directed by the Mississippi River/Gulf
of Mexico Watershed Nutrient Task Force and carried out or funded by
the Environmental Protection Agency and other State and Federal
partners toward attainment of the goals of the Gulf Hypoxia Action Plan
2008.
``(b) Contents.--Each report required under this section shall--
``(1) assess the progress made toward nutrient load
reductions, the response of the hypoxic zone and water quality
throughout the Mississippi/Atchafalaya River Basin, and the
economic and social effects;
``(2) evaluate lessons learned; and
``(3) recommend appropriate actions to continue to implement
or, if necessary, revise the strategy set forth in the Gulf
Hypoxia Action Plan 2008.''.
SEC. 8. GREAT LAKES HYPOXIA AND HARMFUL ALGAL BLOOMS.
Section 605 is amended to read as follows:
``SEC. 605. 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. 9. APPLICATION WITH OTHER LAWS.
The Act is amended by adding after section 606 the following:
``SEC. 607. EFFECT ON OTHER FEDERAL AUTHORITY.
``(a) Authority Preserved.--Nothing in this title supersedes or
limits the authority of any agency to carry out its responsibilities
and missions under other laws.
``(b) Regulatory Authority.--Nothing in this title may be construed
as establishing new regulatory authority for any agency.''.
SEC. 10. DEFINITIONS; CONFORMING AMENDMENT.
(a) In General.--The Act, as amended by section 9 of this Act, is
further amended by adding after section 607 the following:
``SEC. 608. DEFINITIONS.
``In this title:
``(1) Action strategy.--The term `Action Strategy' means the
comprehensive research plan and action strategy established
under section 603B.
``(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.
``(4) Hypoxia.--The term `hypoxia' means a condition where
low dissolved oxygen in aquatic systems causes stress or death
to resident organisms.
``(5) Program.--The term `Program' means the national harmful
algal bloom and hypoxia program established under section 603A.
``(6) State.--The term `State' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana Islands, any
other territory or possession of the United States, and any
Indian tribe.
``(7) Task force.--The term `Task Force' means the Inter-
Agency Task Force on Harmful Algal Blooms and Hypoxia under
section 603(a).
``(8) Under secretary.--The term `Under Secretary' means the
Under Secretary of Commerce for Oceans and Atmosphere.
``(9) United states coastal waters.--The term `United States
coastal waters' includes the Great Lakes.''.
(b) Conforming Amendment.--Section 603(a) is amended by striking
``(hereinafter referred to as the `Task Force')''.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
The Act is further amended by adding after section 608 the following:
``SEC. 609. 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.
``(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.''.
II. Purpose and Summary
The purpose of S. 1254 is to reauthorize and amend the
Harmful Algal Blooms and Hypoxia Research and Control Act of
1998 (HABHRCA) to promote and coordinate a national research
strategy for improving the understanding and prevention of
marine and freshwater harmful algal blooms (HABs) and hypoxia
events.
III. Background and Need for the Legislation
Harmful algal blooms are composed of phytoplankton known to
naturally produce biotoxins. These outbreaks are commonly
referred to as ``red'' or ``brown'' tides. Blooms can kill fish
and other aquatic life by decreasing sunlight in the water
column and by depleting the available oxygen causing anaerobic
conditions and hypoxia. The produced toxins accumulate in
shellfish, fish, or through the accumulation of biomass that
affect other organisms and alter food webs. In recent years,
many of the Nation's coastlines, near shore marine waters, and
freshwaters have experienced an increase in the number,
frequency, duration, and type of HABs.
HABs can have devastating environmental, economic, and
human health impacts. Impacts may include serious human illness
following direct consumption or indirect exposure to toxic
shellfish or toxins in the environment; economic hardship for
coastal economies, many of which are highly dependent on
tourism or harvest of local seafood; and potential fish, bird,
and mammal mortalities. There is also the potential to reduce
the ability of ecosystems to sustain species because of habitat
degradation and long-term alterations to community structure.
In 1998, Congress passed the Harmful Algal Bloom and
Hypoxia Research and Control Act (HABHRCA, Public Law 105-83),
which established an Interagency Task Force to develop a
national HABs assessment and authorized funding for existing
and new research programs on HABs. These programs involve
federal, state, and academic partners and support
interdisciplinary extramural research studies to address the
issues of HABs in an ecosystem context.
In 2004, HABHRCA was reauthorized in Public Law 108-456.
The reauthorized Act required assessments of HABs in different
coastal regions and in the Great Lakes and included plans to
expand research to address the impacts of HABs. The law also
authorized research, education, and monitoring activities
related to the prevention, reduction, and control of harmful
algal blooms and hypoxia. The 2004 HABHRCA authorized funds to
conduct research and reduce HABs and hypoxia in U.S. marine
waters, estuaries, and the Great Lakes. In its role as a task
force participant, the Environmental Protection Agency (EPA)
has signed memorandums of understanding to fund competitive
research in these areas.
The reauthorization expired in 2008, however, the
Consolidated Appropriations Act of 2008 (P.L. 110-161) provided
an authorization of appropriations through FY2010. NOAA
continues these activities under existing general authorities.
IV. Hearing Summary
In the 112th Congress, the Subcommittee on Energy &
Environment held a hearing on June 1, 2011, entitled, Harmful
Algal Blooms: Action Plans for Scientific Solutions. The
purpose of the hearing was to examine HABs and hypoxia research
and response needs and the development and implementation of
action plans to monitor, prevent, mitigate and control both
marine and fresh water bloom and hypoxia events.
The Subcommittee heard from 6 witnesses: Dr. Robert
Magnien, Director of the Center for Sponsored Coastal Ocean
Research, National Oceanic and Atmospheric Administration; Dr.
Richard Greene, Chief, Ecosystems Dynamics and Effects Branch,
Gulf Ecology Division, Office of Research and Development, U.S.
Environmental Protection Agency; Dr. Donald Anderson, Senior
Scientist and Director of the Coastal Ocean Institute, Woods
Hole Oceanographic Institution; Dr. Kevin Sellner, Executive
Director, Chesapeake Research Consortium; Dr. Stephanie Smith,
Chief Scientist, Algaeventure Systems; and Dr. Beth McGee,
Senior Water Quality Scientist, Chesapeake Bay Foundation.
Based on the hearing in the 112th Congress, H.R. 2484, the
``Harmful Algal Blooms and Hypoxia Research and Control
Amendments Act of 2011'' was introduced on July 11, 2011. It
was ordered reported favorably, as amended, by a vote of 20-15.
V. Committee Consideration
S. 1254 was reported, without amendment, out of the Senate
Committee on Commerce, Science, and Transportation on July 30,
2013. The bill passed the Senate, with amendment, by Unanimous
Consent on February 12, 2014.
On May 21, 2014, the Committee on Science, Space, and
Technology met in open markup session and adopted S.1254, as
amended, by voice vote. The Committee ordered S. 1254, as
amended, favorably reported to the House.
VI. Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto. A
motion to order S. 1254, as amended, favorably reported to the
House, was agreed to by voice vote.
During Full Committee consideration of S. 1254, the
following amendments were considered:
VII. Summary of Major Provisions of the Bill
The Harmful Algal Blooms and Hypoxia Research and Control
Amendments Act of 2014 streamlines and coordinates existing
HAB/Hypoxia activities at NOAA and at other Federal agencies,
provides for development of Comprehensive Research and Action
Plans to identify regional, state, and local needs, promotes
the transition of research products into actions for regional,
State, and local governments, and provides for research and
monitoring of freshwater HABs, including the Great Lakes.
VIII. Committee Views
S. 1254, as amended, authorizes scientific research and
activities to address HABs and hypoxia. The Committee regards
this legislation as the next necessary step in formulating the
national and regional action strategies, building upon the
findings and results of various reports and assessments
required under the previous Harmful Algal Blooms and Hypoxia
Research and Control Acts (1998 and 2004). Addressing the many
dimensions of HABs requires a coordinated multi-agency
approach, and there are presently a number of programs and
agencies that address the various aspects of HABs. The amended
version specifies that the Under Secretary shall maintain and
enhance the national Harmful Algal Bloom and Hypoxia program,
delineates specific coordination and consultation requirements,
and directs that the plan for reducing, mitigating, and
controlling HABs and hypoxia events in the Great Lakes shall be
technically sound as well as cost-effective. The amended S.1254
makes clear that nothing in the Act shall be construed as
establishing new regulatory authority for any agency. In
coordinating activities required in the Act, federal agencies
should work cooperatively and transparently with state and
local officials. The Committee intends for this program to
continue and expand cooperation with extramural research
partners.
The Committee recognizes the success of the national HABs
program as a highly successful federal/academic/private
partnership that has been based on the balanced support
provided for the continuum of science through management
activities. This includes support for basic research,
observations and monitoring, modeling and forecasting, and
management and response. Maintaining funding support for this
integrated strategy of science through response is essential to
the continuing success and effectiveness of the HAB program.
The Committee views continuation of competitive extramural
grant funding to support this highly effective partnership as
critical to the long-term success of the national HABs program.
It also recognizes the importance of NOAA using these funds to
maintain support for mission-driven basic and applied research
to help advance science and technology that will support
improved management and responses to future HAB events.
Therefore, the Committee expects the Agency to provide
sustained support for core HAB research programs including: the
ecology and oceanography of harmful algal blooms, the
monitoring and event response for harmful algal blooms, and the
prevention, control, and mitigation of harmful algal blooms.
The Committee eliminated language allowing the task force
participants to transfer appropriated funds between agencies,
as this language is inconsistent with Congressional oversight
and robust stewardship of limited taxpayer dollars. While NOAA
has been a lead agency in the country's HABs and hypoxia
research activities, it is the intent of the Committee that in
this role, NOAA does not bear the burden of the entire program
and the Committee considers the full and active participation
of all task force members as essential to achieving the goals
of the program. In administering the national Harmful Algal
Bloom and Hypoxia Program, the undersecretary should promote
the program among participating agencies and entities. In
developing activities to understand, detect, predict, control,
mitigate, and respond to HABs and hypoxia events, participating
agencies should look at both natural and human contributions.
IX. Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee held an oversight
hearing and made findings that are reflected in the descriptive
portions of this report.
X. Statement on General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the performance goals and
objectives of the Committee are reflected in the descriptive
portions of this report, including the goal to reauthorize and
amend the Harmful Algal Blooms and Hypoxia Research and Control
Act of 1998 (HABHRCA) to promote and coordinate a national
research strategy for improving the understanding and
prevention of marine and freshwater harmful algal blooms (HABs)
and hypoxia events.
XI. New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee adopts as its
own the estimate of new budget authority, entitlement
authority, or tax expenditures or revenues contained in the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
XII. Advisory on Earmarks
In compliance with clause 9(e), 9(f), and 9(g) of rule XXI,
the Committee finds that S. 1254, the ``Harmful Algal Bloom and
Hypoxia Research and Control Amendments Act of 2013,'' contains
no earmarks.
XIII. Committee Cost Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
XIV. Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
provided by the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974.
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 23, 2014.
Hon. Lamar Smith,
Chairman, Committee on Science, Space, and Technology,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1254, the Harmful
Algal Bloom and Hypoxia Research and Control Amendments Act of
2014.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeff LaFave.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 1254--Harmful Algal Blooms and Hypoxia Research and Control
Amendments Act of 2014
Summary: S. 1254 would reauthorize and modify the Harmful
Algal Bloom and Hypoxia Research and Control Act of 1998. The
act would authorize the appropriation of $20.5 million annually
through 2018 period for the National Oceanic and Atmospheric
Administration (NOAA) to mitigate the harmful effects of algal
blooms and hypoxia (reduced oxygen level) in certain bodies of
water.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing the legislation would cost $78
million over the 2015-2019 period and $4 million after 2019.
Enacting S. 1254 would not affect direct spending or revenues;
therefore, pay-as-you-go procedures do not apply.
S. 1254 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 1254 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------------
2015 2016 2017 2018 2019 2015-2019
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level................................ 21 21 21 21 0 82
Estimated Outlays.................................. 13 17 20 21 7 78
----------------------------------------------------------------------------------------------------------------
Note. Amounts may not sum to totals because of rounding.
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted near the end of fiscal year 2014
and that the authorized amounts will be appropriated for each
fiscal year. Estimated outlays are based on historical spending
patterns for similar NOAA activities.
S. 1254 would authorize the appropriation of about $21
million a year through 2018 for certain NOAA activities related
to mitigating the harmful effects of algal blooms and hypoxia
in coastal waters and the Great Lakes. Those activities include
providing grants, conducting research, preparing reports, and
overseeing an interagency task force. In 2013, NOAA spent $11
million on similar activities. Assuming appropriation of the
authorized amounts, CBO estimates that implementing the
legislation would cost $78 million over the 2015-2019 period
and $4 million after 2019.
Pay-As-You-Go considerations: None.
Intergovernmental and private-sector impact: S. 1254
contains no intergovernmental or private-sector mandates as
defined in UMRA. State and local governments could benefit from
programs and cooperative agreements authorized in the bill. Any
costs they incur would result from participation in voluntary
federal programs.
Previous CBO estimate: On August 22, 2013, CBO transmitted
a cost estimate for S. 1254, the Harmful Algal Bloom and
Hypoxia Research and Control Amendments Act of 2013, as ordered
reported by the Senate Committee on Commerce, Science, and
Transportation on July 30, 2013. The two versions of the
legislation are similar; however, because the Senate version
was reported last year, CBO assumed that $20.5 million also
would be appropriated in 2014. The CBO cost estimates reflect
that difference.
Estimate prepared by: Federal costs: Jeff LaFave; Impact on
State, local, and tribal governments: Jon Sperl; Impact on the
private sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
XV. Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
XVI. Compliance with H. Res. 5
A. Directed Rule Making. This bill does not direct any
executive branch official to conduct any specific rule-making
proceedings.
B. Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the Federal Government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
XVII. Federal Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
XVIII. Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3)(f) the Congressional Accountability Act.
XIX. Section-by-Section Analysis of the Legislation
Section 1. Short title
This section establishes the short title as the Harmful
Algal Blooms and Hypoxia Research and Control Amendments Act of
2014.
Section 2. References to the Harmful Algal Bloom and Hypoxia Research
and Control Act of 1998
Section 2 clarifies that any reference in this Act to an
amendment or repeal is to the Harmful Algal Bloom and Hypoxia
Research and Control Act of 1998, unless otherwise specified.
Section 3. Interagency Task Force on harmful algal blooms and hypoxia
This section adds the Centers for Disease Control (CDC) to
the Task Force.
Section 4. National Harmful Algal Bloom and Hypoxia Program
This section requires NOAA to develop and implement a
comprehensive research plan and action strategy under the
National Harmful Algal Bloom and Hypoxia Program. This section
directs the Task Force to periodically review and revise the
program and specifies the Task Force's role with respect to the
program, which includes expediting the interagency review
processes, reviewing funding distribution, and promoting the
development of new technologies to address HABs and hypoxia.
This section assigns NOAA, through the Task Force, primary
responsibility for administering the program, except for the
freshwater aspects of the program, which are to be carried out
in coordination with the Administrator of the EPA. Section 4
requires the Under Secretary of Commerce for Oceans and
Atmosphere (Under Secretary) to:
(1) promote the program;
(2) prepare work and spending plans;
(3) administer peer-reviewed, merit-based,
competitive grant funding;
(4) coordinate with regional, State, tribal, and
local government agencies and programs;
(5) coordinate with the Secretary of State on
international efforts;
(6) identify additional research, development and
demonstration needs;
(7) integrate, coordinate and augment existing
education programs;
(8) facilitate and provide resources for training
State and local coastal and water resource managers;
(9) support regional efforts to control and mitigate
outbreaks;
(10) convene at least one meeting of the Task Force
each year; and
(11) perform other tasks delegated by the Task Force.
This section also directs the Under Secretary to: maintain
and enhance existing competitive programs at NOAA relating to
HABs and hypoxia; carry out marine and Great Lakes HABs and
hypoxia response activities; develop and enhance infrastructure
as necessary; enhance communication and coordination among
Federal agencies carrying out marine and freshwater HAB and
hypoxia activities and research; leverage existing resources
and expertise; and increase availability of resources to
appropriate public and private entities. Section 4 directs the
Under Secretary to work cooperatively and avoid duplication
with other programs, agencies, and entities.
Finally, this section requires that all data collection and
monitoring under this title comply with the data standards and
protocols of the Integrated Coastal and Ocean Observation
System Act of 2009 (33 U.S.C. 3601 et seq.) and be made
available through the integrated ocean observing system.
Section 5. Comprehensive research plan and action strategy
This section directs the Under Secretary, via the Task
Force, to develop a comprehensive research plan and action
strategy to address marine and freshwater HABs and hypoxia, and
to submit the plan and action strategy to Congress within one
year of the date of enactment of this Act. It requires the
Action Strategy to identify: specific program activities
associated with a timeline; roles and responsibilities for each
Federal agency in the Task Force; and region- and subregion-
specific research needs. With respect to the regional focus of
the Action Strategy, this section also requires that the Action
Strategy identify: regional research priorities; needed
research, development, and demonstration activities; methods
for reducing the duration and intensity of HABs and hypoxia;
ways to address the human health impacts of HABs and hypoxia;
mechanisms to protect affected ecosystems; ways to better share
data among government and non-government entities; ways to
improve public dissemination of information about HABs and
hypoxia; and roles for Federal Agencies to play in implementing
the Action Strategy.
Section 5 specifies that, in developing the Action
Strategy, the Under Secretary must use existing research,
assessments, reports, and program activities, and that the
Under Secretary must coordinate with State, tribal, and
regional officials, including water managers, public health
officials, economists, industries, and other stakeholders.
This section requires publication of the Action Strategy in
the Federal Register, with revisions as necessary.
Section 6. Reporting
This section requires that, two years after the submission
of the Action Strategy, the Under Secretary must report to
Congress on the proceedings of the Task Force meetings,
activities carried out under the program and the budget for
those activities, progress made under the Action Strategy, and
any need to revise or terminate program activities.
Section 7. Northern Gulf of Mexico hypoxia
Section 7 directs the Administrator of the EPA and the
Mississippi River/Gulf of Mexico Watershed Nutrient Task Force
to submit a progress report to Congress describing the progress
toward attainment of the goals of the Gulf Hypoxia Action Plan
2008. The initial progress report is due within one year of the
date of enactment of this Act, and updates are required every
two years thereafter.
Section 8. Great Lakes hypoxia and harmful algal blooms
Section 8 requires the Task Force to submit to Congress and
the President, within 18 months of the date of enactment, an
integrated assessment of the causes, consequences, and
approaches for reducing HABs and hypoxia in the Great Lakes.
This section also requires, within two years of the date of
enactment, the Task Force to develop and submit to Congress a
research plan based on the aforementioned integrated
assessment. This section requires the research plan to address
issues such as monitoring needs, budgetary requirements and
timelines, model development and verification, and
quantification of the ecological and economic effects of HABs
and hypoxia in the Great Lakes. Finally, this section requires
that the research plan be developed in consultation with a
number of stakeholders, leverage existing activities and
information, and be published in the Federal Register, and
requires biennial progress reports on the research plan.
Section 9. Application with other laws
This section clarifies that nothing in this Act supersedes
or limits the authority of any agency to carry out its
responsibilities and missions under other laws.
Section 10. Definitions; conforming amendment
This section provides definitions for the following terms:
``Action Strategy'' means the comprehensive research plan and
action strategy established under section 603B of HABHRCA;
``Administrator'' means the Administrator of the EPA; ``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 breakout; ``Hypoxia'' means a condition
where low dissolved oxygen in aquatic systems causes stress or
death to resident organisms; ``Program'' means the national
harmful algal bloom and hypoxia program established under
section 603A of HABHRCA; ``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, and
any other territory or possession of the United States, and any
Indian tribe; ``Task Force'' means the Interagency Task Force
established by section 603(a) of HABHRCA; ``Under Secretary''
means the Under Secretary of Commerce for Oceans and Atmosphere
(i.e., Administrator of NOAA); and ``United States Coastal
Waters'' includes the Great Lakes.
Section 11. Authorization of appropriations
Section 12 authorizes $20.5 million to be appropriated for
each of the fiscal years 2014 through 2018 to implement the
program and the action strategy. Of these appropriations, this
section requires the Under Secretary to ensure a ``substantial
portion'' is allocated to extramural research activities.
XX. Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, 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
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND CONTROL ACT OF 1998
TITLE VI--HARMFUL ALGAL BLOOMS AND HYPOXIA
* * * * * * *
SEC. 603. ASSESSMENTS.
(a) Establishment of Inter-Agency Task Force.--The President,
through the Committee on Environment and Natural Resources of
the National Science and Technology Council, shall establish an
Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia
[(hereinafter referred to as the ``Task Force'')]. The Task
Force shall consist of [the following representatives from] a
representative from--
(1) * * *
* * * * * * *
(11) the Council on Environmental Quality; [and]
(12) the Centers for Disease Control and Prevention;
and
[(12) such] (13) other Federal agencies as the
President considers appropriate.
* * * * * * *
(j) 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.
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, 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.
(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, 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;
(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 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;
(2) prepare work and spending plans for implementing
the research and activities identified under the Action
Strategy;
(3) 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; and
(C) to address the research and management
needs and priorities identified in the Action
Strategy;
(4) coordinate with and work cooperatively with
regional, State, tribal, and local government agencies
and programs that address marine and freshwater harmful
algal blooms and hypoxia;
(5) coordinate with the Secretary of State to support
international efforts on marine and freshwater harmful
algal bloom and hypoxia information sharing, research,
prediction, mitigation, control, and response
activities;
(6) identify additional research, development, and
demonstration needs and priorities relating to
monitoring, prevention, control, mitigation, and
response to marine and freshwater harmful algal blooms
and hypoxia, including methods and technologies to
protect the ecosystems affected by marine and
freshwater harmful algal blooms and hypoxia;
(7) integrate, coordinate, and augment existing
education programs to improve public understanding and
awareness of the causes, impacts, and mitigation
efforts for marine and freshwater harmful algal blooms
and hypoxia;
(8) facilitate and provide resources to train State
and local coastal and water resource managers in the
methods and technologies for monitoring, preventing,
controlling, and mitigating marine and freshwater
harmful algal blooms and hypoxia;
(9) support regional efforts to control and mitigate
outbreaks through--
(A) communication of the contents of the
Action Strategy and maintenance of online data
portals for other information about harmful
algal blooms and hypoxia to State, tribal, and
local stakeholders; and
(B) overseeing the development, review, and
periodic updating of the Action Strategy;
(10) convene at least 1 meeting of the Task Force
each year; and
(11) perform such other tasks as may be delegated by
the Task Force.
(f) National Oceanic and Atmospheric Administration
Activities.--The Under Secretary shall--
(1) maintain and enhance the existing competitive
programs at the National Oceanic and Atmospheric
Administration relating to 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 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; and
(6) increase the availability to appropriate public
and private entities of--
(A) analytical facilities and technologies;
(B) operational forecasts; and
(C) reference and research materials.
(g) Cooperative Efforts.--The Under Secretary shall work
cooperatively and avoid duplication of effort with other
offices, centers, and programs within the National Oceanic and
Atmospheric Administration, other agencies on the Task Force,
and States, tribes, and nongovernmental organizations concerned
with marine and freshwater issues to coordinate harmful algal
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.
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. 604. NORTHERN GULF OF MEXICO HYPOXIA.
[(a) Assessment Report.--Not later than May 30, 1999, the
Task Force shall complete and submit to Congress and the
President an integrated assessment of hypoxia in the northern
Gulf of Mexico that examines: the distribution, dynamics, and
causes; ecological and economic consequences; sources and loads
of nutrients transported by the Mississippi River to the Gulf
of Mexico; effects of reducing nutrient loads; methods for
reducing nutrient loads; and the social and economic costs and
benefits of such methods.
[(b) Submission of a Plan.--No later than March 30, 2000, the
President, in conjunction with the chief executive officers of
the States, shall develop and submit to Congress a plan, based
on the integrated assessment submitted under subsection (a),
for reducing, mitigating, and controlling hypoxia in the
northern Gulf of Mexico. In developing such plan, the President
shall consult with State, Indian tribe, and local governments,
academic, agricultural, industry, and environmental groups and
representatives. Such plan shall include incentive-based
partnership approaches. The plan shall also include the social
and economic costs and benefits of the measures for reducing,
mitigating, and controlling hypoxia. At least 90 days before
the President submits such plan to the Congress, a summary of
the proposed plan shall be published in the Federal Register
for a public comment period of not less than 60 days.
[SEC. 605. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated to the Secretary of
Commerce for research, education, and monitoring activities
related to the prevention, reduction, and control of harmful
algal blooms and hypoxia, $15,000,000 for fiscal year 1999,
$18,250,000 for fiscal year 2000, $19,000,000 for fiscal year
2001, $23,500,000 for fiscal year 2005, $24,500,000 for fiscal
year 2006, $25,000,000 for fiscal year 2007, and $30,000,000
for each of fiscal years 2008 through 2010, to remain available
until expended. The Secretary shall consult with the States on
a regular basis regarding the development and implementation of
the activities authorized under this section. Of such amounts
for each fiscal year--
[(1) $1,500,000 for fiscal year 1999, $1,500,000 for
fiscal year 2000, $2,000,000 for fiscal year 2001, and
$2,500,000 for each of fiscal years 2005 through 2010
may be used to enable the National Oceanic and
Atmospheric Administration to carry out research and
assessment activities, including procurement of
necessary research equipment, at research laboratories
of the National Ocean Service and the National Marine
Fisheries Service;
[(2) $4,000,000 for fiscal year 1999, $5,500,000 for
fiscal year 2000, $5,500,000 for fiscal year 2001, and
$6,500,000, of which $1,000,000 shall be used for the
research program described in section 603(f)(2)(B), for
each of fiscal years 2005 through 2010 may be used to
carry out the Ecology and Oceanography of Harmful Algal
Blooms (ECOHAB) project under the Coastal Ocean Program
established under section 201(c) of Public Law 102-567;
[(3) $1,000,000 for fiscal year 1999, $2,000,000 for
fiscal year 2000, $2,000,000 for fiscal year 2001, and
$3,000,000 for each of fiscal years 2005 through 2010
may be used by the National Ocean Service of the
National Oceanic and Atmospheric Administration to
carry out a peer-reviewed research project on
management measures that can be taken to prevent,
reduce, control, and mitigate harmful algal blooms and
to carry out section 603(d);
[(4) $5,500,000 for each of the fiscal years 1999,
2000, 2001, and $6,000,000 for each of fiscal years
2005 through 2010 may be used to carry out Federal and
State annual monitoring and analysis activities for
harmful algal blooms administered by the National Ocean
Service of the National Oceanic and Atmospheric
Administration;
[(5) $3,000,000 for fiscal year 1999, $3,750,000 for
fiscal year 2000, $4,000,000 for fiscal year 2001,
$4,000,000 for fiscal year 2005, $5,000,000 for fiscal
year 2006, $5,500,000 for fiscal year 2007, and
$6,000,000 for each of fiscal years 2008 through 2010
may be used for activities related to research and
monitoring on hypoxia by the National Ocean Service and
the Office of Oceanic and Atmospheric Research of the
National Oceanic and Atmospheric Administration; and
[(6) $1,500,000 for each of fiscal years 2005 through
2010 to carry out section 603(e).]
SEC. 604. NORTHERN GULF OF MEXICO HYPOXIA.
(a) Initial Progress Reports.--Beginning not later than 12
months after the date of enactment of the Harmful Algal Bloom
and Hypoxia Research and Control Amendments Act of 2014, and
biennially thereafter, the Administrator, through the
Mississippi River/Gulf of Mexico Watershed Nutrient Task Force,
shall submit a progress report to the appropriate congressional
committees and the President that describes the progress made
by activities directed by the Mississippi River/Gulf of Mexico
Watershed Nutrient Task Force and carried out or funded by the
Environmental Protection Agency and other State and Federal
partners toward attainment of the goals of the Gulf Hypoxia
Action Plan 2008.
(b) Contents.--Each report required under this section
shall--
(1) assess the progress made toward nutrient load
reductions, the response of the hypoxic zone and water
quality throughout the Mississippi/Atchafalaya River
Basin, and the economic and social effects;
(2) evaluate lessons learned; and
(3) recommend appropriate actions to continue to
implement or, if necessary, revise the strategy set
forth in the Gulf Hypoxia Action Plan 2008.
SEC. 605. 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. 607. EFFECT ON OTHER FEDERAL AUTHORITY.
(a) Authority Preserved.--Nothing in this title supersedes or
limits the authority of any agency to carry out its
responsibilities and missions under other laws.
(b) Regulatory Authority.--Nothing in this title may be
construed as establishing new regulatory authority for any
agency.
SEC. 608. DEFINITIONS.
In this title:
(1) Action Strategy.--The term ``Action Strategy''
means the comprehensive research plan and action
strategy established under section 603B.
(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.
(4) Hypoxia.--The term ``hypoxia'' means a condition
where low dissolved oxygen in aquatic systems causes
stress or death to resident organisms.
(5) Program.--The term ``Program'' means the national
harmful algal bloom and hypoxia program established
under section 603A.
(6) State.--The term ``State'' means each of the
several States of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, any other territory or
possession of the United States, and any Indian tribe.
(7) Task force.--The term ``Task Force'' means the
Inter-Agency Task Force on Harmful Algal Blooms and
Hypoxia under section 603(a).
(8) Under secretary.--The term ``Under Secretary''
means the Under Secretary of Commerce for Oceans and
Atmosphere.
(9) United states coastal waters.--The term ``United
States coastal waters'' includes the Great Lakes.
SEC. 609. 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.
(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.
XXII. PROCEEDINGS OF THE FULL COMMITTEE
MARKUP ON S. 1254,
HARMFUL ALGAL BLOOM
AND HYPOXIA RESEARCH
AND CONTROL AMENDMENTS ACT OF 2013
----------
WEDNESDAY, MAY 21, 201
House of Representatives,
Committee on Science, Space, and Technology,
Washington, DC.
The Committee met, pursuant to call, at 2:02 p.m., in Room
2318 of the Rayburn House Office Building, Hon. Lamar Smith
[Chairman of the Committee] presiding.
Chairman Smith. The Committee on Science, Space, and
Technology will come to order. Without objection, the Chair is
authorized to declare recesses of the Committee at any time.
Pursuant to Committee Rule II(f) and House Rule XI(2)(h)(4),
the Chair announces that he may postpone roll call votes.
Today we meet to consider two bills: S. 1254, the Harmful
Algal Bloom and Hypoxia Research and Control Amendments Act of
2013, and H.R. 4186, the Frontiers in Innovation, Research,
Science, and Technology Act of 2014.
S. 1254 is a bill that passed the Senate by unanimous
consent. This Committee has considered similar bills in the
past, and this one seems to have broad support on both sides of
the aisle.
[The prepared statement of Mr. Smith follows:]
Prepared Statement of Chairman Lamar S. Smith
The first bill for today's mark-up is S. 1254, the Harmful Algal
Bloom and Hypoxia Research and Control Amendments Act.
This legislation was introduced by Senator Bill Nelson, chairman of
the Senate's Science and Space Subcommittee.
Harmful algal blooms are a significant problem that affects rivers,
lakes, and tidal areas around the country. Known most often as ``red
tide,'' harmful algae hurts local economies that are dependent on
fishing, recreation and tourism.
Sometimes referred to as ``dead zones,'' Hypoxia harms ecosystems
and fish populations by decreasing oxygen levels in the water. Our
current understanding and response to these problems is inadequate.
In my home state of Texas, red and brown tides often affect our
bays and coastlines. This damages tourism, harms our fishing industry,
and impacts public health.
The bill before us today strengthens scientific research about
these phenomena, fosters collaboration between federal agencies,
states, and localities, and advances technological solutions to better
understand and respond to outbreaks when they occur.
I want to commend our counterparts in the Senate, especially
Senator Nelson, for bringing this important issue to us today.
I would also like to thank the gentleman from Florida, Mr. Posey,
and Environment Subcommittee Ranking Member, Ms. Bonamici, for the
bipartisan amendment they will offer.
The bill before us is a good bill that incorporates input from
Members on both sides of the aisle. I urge Members to support it.
Chairman Smith. Pursuant to notice, I now call up S. 1254,
the Harmful Algal Bloom and Hypoxia Research and Control
Amendments Act of 2013, and the clerk will report the bill.
The Clerk. S. 1254, an act to amend the Harmful Algal
Blooms and Hypoxia Research and Control Act of 1998 and for
other purposes. Being enacted by the Senate and House of
Representatives----
[S. 1254 appears in Appendix I]
Chairman Smith. Without objection, the bill will be
considered as read, and I will recognize myself for a brief
opening statement.
This legislation was introduced by Senator Bill Nelson,
Chairman of the Senate Science and Space Subcommittee. Harmful
algal blooms are a significant problem that affects rivers,
lakes and tidal areas around the country. Known most often as
red tide, harmful algae hurts local economies that are
dependent on fishing, recreation and tourism. Sometimes
referred to as dead zones, hypoxia harms ecosystems and fish
populations by decreasing oxygen levels in the water. Our
current understanding and response to these problems is
inadequate.
In my home State of Texas, I might say representing the
Ranking Member in our home State of Texas, red and brown tides
often affect our bays and coastlines. This damages tourism,
harms our fishing industry and impacts public health.
The bill before us today strengthens scientific research
about these phenomena, fosters collaboration between Federal
agencies, states and localities, and advances technological
solutions to better understand and respond to outbreaks when
they occur.
I want to compliment our counterparts in the Senate,
especially Senator Nelson, for bringing this important issue to
our attention. I would also like to thank the gentleman from
Florida, Mr. Posey, and Environment Subcommittee Ranking Member
Ms. Bonamici for the bipartisan amendment that they will
shortly offer.
The bill before us is a good bill that incorporates input
from Members on both sides of the aisle, and I urge my
colleagues to support it, and I now will recognize the Ranking
Member, Ms. Johnson, the gentlewoman from Texas, for her
opening statement on the bill.
Ms. Johnson. Thank you very much, Mr. Chairman. I will make
my opening statement pretty short and put my entire statement
in the record, if there is no objection.
I want to commend the Subcommittee Ranking Member, Ms.
Bonamici, and Congressman Posey for working together to advance
this important piece of legislation.
Today, nearly every state is threatened by toxic algae, and
it is clear that both factors that contribute to the
development of blooms as well as solutions to control blooms
vary widely by region, and while I am very supportive of this
legislation and the bipartisan amendment we are discussing
next, I would be remiss if I did not note my disappointment
that this bill was not considered through regular order. While
some of us have worked on this topic for a number of years,
more than half of the Members of the Committee have never
participated in a hearing on harmful algal blooms. Mr.
Chairman, I think it is important that we do our best to build
a legislative record and engage both our Subcommittees as well
as the full membership of this Committee before we mark up any
legislation within our jurisdiction.
Nevertheless, I am supportive of the legislation and the
bipartisan Manager's Amendment, and I yield back.
[The prepared statement of Ms. Johnson follows:]
Prepared Statement of Ranking Member Eddie Bernice Johnson
Thank you, Chairman Smith. The first bill we are marking up today
is S. 1254, the Harmful Algal Bloom and Hypoxia Research and Control
Amendments Act. I want to commend Subcommittee Ranking Member Bonamici
and Congressman Posey for working together to advance this important
issue. S. 1254 is very similar to legislation passed by the Committee
and the House in both the 111th and the 112th Congress.
I am hopeful that the third time will be the charm and we can
finally get this bill signed by the President.
While NOAA and the research community have made great strides in
advancing our understanding of harmful algal blooms and hypoxia, the
need for continued research and public awareness is greater than ever
before. The distribution and frequency of harmful algal blooms has
increased dramatically in recent years.
Today, nearly every state is threatened by toxic algae, and it is
clear that both the factors that contribute to the development of
blooms as well as the solutions to control blooms vary widely by
region.
Scientific discoveries made under the program reauthorized by this
bill will improve coastal and inland water management practices as well
as our forecasting and early warning capabilities.
While I am very supportive of the legislation and the bipartisan
amendment we will discussing next, I would be remiss if I didn't note
my disappointment that this bill was not considered through regular
order.
While some of us have worked on this topic for a number of years,
more than half of the Members of the Committee have never even
participated in a hearing on harmful algal blooms. Mr. Chairman, I
think it is important that we do our best to build a legislative record
and engage both our Subcommittees as well as the full membership of
this Committee before we mark up any legislation within our
jurisdiction.
Nonetheless, I am supportive of the legislation and the bipartisan
manager's amendment and I yield back.
Chairman Smith. Thank you, Ms. Johnson, and we will now
proceed with the only amendment listed on the roster. This is
an amendment to be offered by Mr. Posey and Ms. Bonamici, and
the clerk will report the amendment.
The Clerk. Amendment to S. 1254 offered by Mr. Posey of
Florida and Ms. Bonamici of Oregon.
[The amendment of Mr. Posey and Ms. Bonamici appears in
Appendix I]
Chairman Smith. Without objection, the amendment will be
considered as read and the gentleman from Florida is recognized
to explain the amendment.
Mr. Posey. Thank you, Mr. Chairman.
The amendment amends the program language to focus on
enhancing and maintaining the existing research activities,
directs consultation and coordination activities, requires that
the task force action plan be technically sound and cost-
effective, and eliminates the section on interagency financing.
Chairman Smith. Has the gentleman concluded his statement?
Mr. Posey. Of course, I would like to thank you and the
Ranking Member and colleagues and the Committee for working
with the co-author, Ms. Bonamici, on this amendment.
We saw the importance of advancing this important
legislation in the important research that is funded through
this program. I want to thank the majority and minority staff
for working closely to make a few perfecting changes so that we
can move this bipartisan legislation through the Committee and
to the Floor.
There continues to be a need for important research so that
we can better understand, anticipate, control and mitigate
harmful algal blooms and hypoxia events.
There are many factors that contribute to these harmful
events, nutrient loading and light and temperatures changes to
name a few. The National Oceanic and Atmospheric Administration
has listed the economic impact of harmful algal blooms at close
to $82 million a year for coastal communities alone. I think it
is likely that the economic impact is significantly larger than
that. This includes impacts to commercial fisheries, public
health costs, recreational and tourism impacts, and monitoring
and management costs.
In Florida, the Indian River Lagoon experienced an algae
superbloom in 2011 with reoccurrences in 2012 and 2013. This
led to a drastic loss of more than half the sea grasses in the
lagoon. We just had devastating consequences. The lagoon is an
important environmental and economic asset for the Treasure
Coast and the Space Coast and spans 156 miles through several
counties. This is of great interest to several members of the
Florida delegation, and we have been working to address these
concerns.
This legislation before us will serve as one more tool in
our arsenal to better understand and effectively address the
underlying contributing factors to the lagoon's degradation.
The Indian River Lagoon provides an overall estimated $3.5
billion in overall value and countless hours of recreational
opportunity. I speak from experience as having raised a family
on the lagoon.
This amendment is a bipartisan effort to improve Senate
Bill 1254 with revisions and clarifications that will authorize
research and development activities to address harmful algal
blooms and hypoxia to better understand the causes of
superblooms like the ones that occurred in Florida in recent
years.
Importantly, our bipartisan amendment provides for better
coordination so that we get the most for each research dollar
and it clarifies that the bill provides no new regulatory
authority to participating agencies. By working together
through better coordination, the bill will make sure the
Federal agencies work closely with local and state governments
to avoid duplication. This will stretch research dollars even
further.
In an effort to follow the principles of good government
and protecting taxpayer dollars, we also removed the provisions
that were included in a Senate bill that would have allowed for
more significant transferring of funding between agencies but
we retain the emphasis on collaborative research.
Again, I appreciate the efforts of the Committee in marking
this up today, and Mrs. Bonamici for working with us together
on this amendment. This is a step forward to improve research
and development activities to address harmful algal blooms and
hypoxia events throughout the country.
And with that, Mr. Chairman, I yield back the balance of my
time.
[The prepared statement of Mr. Posey follows:]
Representative Bill Posey's Prepared Remarks on Manager's Amendment to
S. 1254
We saw the importance of advancing this important legislation and
the important research that is funded through this program.
I want to thank the majority and minority staff for working closely
with our offices to make a few perfecting changes so that we can move
this bipartisan legislation through the committee and to the floor.
There continues to be a need for important research and so that we
can better understand, anticipate, control, and mitigate harmful algal
bloom and hypoxia events. There are many factors that contribute to
these harmful events, nutrient loading and light and temperature
changes to name a few.
The National Oceanic and Atmospheric Administration (NOAA) has
listed the economic impact of harmful algal blooms at close to $82
million dollars a year for coastal communities. I think it is likely
that the economic impact is significantly larger than that. This
includes impacts to commercial fisheries, public health costs,
recreational and tourism impacts, and monitoring and management costs.
In Florida, the Indian River Lagoon experienced an algal superbloom
in 2011 with re-occurrences in 2012 and 2013. This led to a drastic
loss of more than half of the sea grasses in the lagon, which has had
devastating consequences.
The Lagoon is an important environmental and economic asset for the
Treasure Coast and the Space Coast and spans 156 miles through several
counties. This is of great interest to several members of the Florida
delegation and we have been working to address these concerns. The
legislation before us will serve as one more tool in our arsenal to
better understand and effectively address the underlying contributing
factors to the lagoon's degradation.
The Indian River Lagoon provides an overall estimated $3.5 billion
dollars in overall value and countless hours of recreational
opportunity. I speak from experience, as having raised a family on the
lagoon.
This amendment is a bipartisan effort to improve S.1254 with
revisions and clarifications that will reauthorize research and
development activities to address harmful algal blooms and hypoxia to
help better understand the causes of superblooms like the ones that
occurred in Florida in recent years.
Importantly, our bipartisan amendment provides for better
coordination so that we get the most for each research dollar and it
clarifies that the bill provides no new regulatory authority to
participating agencies. By working together through better
coordination, the bill will make sure that federal agencies work
closely with local and state governments to avoid duplication. This
will stretch research dollars further.
In an effort to follow the principles of good government and
protecting taxpayer dollars, we also remove the provisions that were
included in the Senate bill that would have allowed for more
significant transferring of funding between participating agencies but
we retain the emphasis on collaborative research.
Again, I appreciate the efforts of the committee in marking up this
bill and Ms. Bonamici [Bona-Mee-chee] for working with me on this
amendment. This is a step forward to improve research and development
activities to address harmful algal blooms and hypoxia events
throughout the country. And with that Mr. Chairman, I yield back the
balance of my time.
Chairman Smith. Thank you, Mr. Posey, and again thank you
and Ms. Bonamici for offering this amendment, and the
gentlewoman from Oregon, Ms. Bonamici, is recognized for her
statement on the amendment.
Ms. Bonamici. Thank you very much, Mr. Chairman, for
holding this markup.
Before I speak in support of the amendment and the
legislation, I would like to echo the comments of Ranking
Member Johnson. Because of the importance of establishing a
legislative record, I would have preferred to have considered
this legislation through regular order.
Despite that, I am pleased that we are moving this
important bill forward. I would like to thank the gentleman
from Florida, Mr. Posey, for his willingness to work with me on
an amendment that makes some minor modifications to the
legislation we are considering today. Authorization for the
programs under the Harmful Algal Bloom Research and Control Act
expired in 2010, so the passage of this reauthorization is long
overdue.
The rapid overproduction of algae can have devastating
effects on aquatic plants and animals as well as on human
health. These effects can translate into negative outcomes for
coastal and Great Lakes ecosystems in communities that depend
on fishing, shellfish harvesting and tourism to sustain their
economies.
A conservative estimate is that harmful algal blooms cost
the U.S. coastal communities at least $82 million each year.
However, the impacts of harmful algal blooms are not confined
to coastal communities. In fact, last year in Oregon, lakes,
ponds and reservoirs experienced harmful algal bloom events and
they were closed to protect human health for a combined total
of more than 700 days.
While research has helped advance our understanding of and
response to harmful algal blooms, the frequency and duration of
these events and subsequent hypoxic conditions are on the rise.
This bill directs NOAA to develop and implement a national
strategy that takes a regional approach to helping communities
understand, predict, control and mitigate harmful algal blooms
and hypoxia events. It will not only improve coordination but
also assess the program's activities to ensure that we are
prepared for these events and we are able to respond in an
effective manner.
This will become increasingly important as coastal
populations increase and changes in the environment such as
warmer water temperatures have the potential to alter the
growth, toxicity and geographic distribution of algal blooms.
Senate Bill 1254 is similar to legislation passed by this
Committee and the House in a bipartisan manner in the 111th
Congress. The stakeholder community has been calling for the
reauthorization of this critical program and the continuation
of the good work being undertaken by NOAA.
I am pleased that Congressman Posey and I were able to come
together to advance this bill today by offering this bipartisan
amendment. The amendment provides clarification and response to
a number of suggestions offered by our colleagues on the
Natural Resources Committee, which has joint jurisdiction over
these programs. I also want to recognize Ocean Champions for
their assistance in drafting this legislation.
Specifically, this amendment clarifies that the bill does
not establish any new programs or regulatory authority and that
research grants awarded under the program must be peer-
reviewed. The amendment also ensures that state and local
governments along with other stakeholder groups are involved in
efforts to reduce harmful algal blooms and hypoxia. Because
freshwater ecosystems are also susceptible to HABs, the
amendment makes certain that the plan to address harmful algal
blooms and hypoxia events in the Great Lakes is cost-effective
and technically feasible.
And finally, the amendment addresses concerns about the
transfer of funds between Federal agencies involved in the
program's task force without Congressional approval by striking
the section authorizing interagency funding.
This amendment is the product of discussions between the
majority and the minority and between Mr. Posey's office and my
office, and I appreciate the staff for their hard work on this.
It is a good bipartisan amendment that improves the bill and
ensures an effective program. I urge my colleagues to support
the amendment and the underlying bill. The more we fully
understand when and where harmful algal blooms occur and how
they respond to a changing environment, the better equipped we
will be to manage these events and reduce the environmental and
economic harm they cause.
Thank you very much, Mr. Chairman, and I yield back the
balance of my time.
[The prepared statement of Ms. Bonamici follows:]
Representative Suzanne Bonamici's Prepared Remarks on Manager's
Amendment to S. 1254
Thank you, Mr. Chairman for holding this markup. Before I speak in
support of the amendment and the legislation, I'd like to echo the
comments of the Ranking Member. I would have preferred to have
considered this legislation through regular order, but despite that I
am pleased we are moving this important bill forward. I'd like to thank
the gentleman from Florida, Mr. Posey, for his willingness to work with
me on an amendment that makes some minor modifications to the
legislation we are considering today. Authorization for the programs
under the Harmful Algal Bloom Research and Control Act expired in 2010,
so the passage of this to reauthorize those programs is long overdue.
As many of you are aware, the rapid overproduction of algae can
have devastating effects on aquatic plants and animals as well as on
human health. These effects can translate into negative outcomes for
coastal and Great Lakes ecosystems and communities that depend on
fishing, shellfish harvesting, and tourism to sustain their economies.
A conservative estimate is that harmful algal blooms cost U.S. coastal
communities at least $82 million dollars each year. However, the
impacts of harmful algal blooms are not confined to coastal communities
in my state. In fact, last year in Oregon, lakes, ponds, and reservoirs
experiencing HABs events were closed to protect public health for a
combined total of 731 days.
While research has helped advance our understanding of and response
to harmful algal blooms, the frequency and duration of these events and
subsequent hypoxic conditions are on the rise.
This bill directs NOAA to develop and implement a national strategy
that takes a regional approach to helping communities understand,
predict, control, and mitigate harmful algal bloom and hypoxia events.
It will not only improve coordination, but also assess the program's
activities to ensure we are prepared for these events and are able to
respond in an effective manner. This will become increasingly important
as coastal populations increase and changes in the environment, such as
warmer water temperatures, have the potential to alter the growth,
toxicity, and geographic distribution of algal blooms.
S.1254 is very similar to legislation passed by this Committee and
the House in a bipartisan manner in the 111th Congress. The stakeholder
community has been calling for the reauthorization of this critical
program and the continuation of the good work being undertaken by NOAA.
I am pleased that Congressman Posey and I were able to come together to
advance this bill today by offering this bipartisan amendment. The
amendment provides clarification and responds to a number of
suggestions offered by our colleagues on the Natural Resources
Committee, who have joint jurisdiction over these programs.
Specifically, the amendment clarifies that the bill does not
establish any new programs or regulatory authority and that research
grants awarded under the program must be peer-reviewed. The amendment
also ensures that State and local governments, along with other
stakeholder groups, are involved in efforts to reduce harmful algal
blooms and hypoxia. Because freshwater ecosystems are also susceptible
to HABs, the amendment makes certain that the plan to address harmful
algal blooms and hypoxia events in the Great Lakes is cost-effective
and technically feasible. And finally, the amendment addresses concerns
about the transfer of funds between federal agencies involved in the
Program's task force without Congressional approval by striking the
section authorizing interagency financing.
This amendment is the product of discussions between the majority
and the minority, and between my office and Mr. Posey's office. It is a
good bipartisan amendment that improves the bill and ensures an
effective program. I urge my colleagues to support the amendment and
the underlying bill.
The more fully we understand when and where harmful algal blooms
occur and how they respond to a changing environment, the better
equipped we will be to manage these events and reduce the environmental
and economic harm they cause.
Thank you, Mr. Chairman and I yield back the balance of my time.
Chairman Smith. Thank you, Ms. Bonamici.
Are there any other discussion on this amendment?
If not, the question is on agreeing to the amendment
offered by Mr. Posey and Ms. Bonamici.
All in favor say aye.
All opposed, no.
In the Chair's opinion, the ayes have it and the amendment
is agreed to.
If there are no further amendments, a reporting quorum
being present, the question is on the bill S. 1254 as amended.
Those in favor, say aye.
Opposed, nay.
The ayes have it. The bill is amended is ordered reported
favorably.
Without objection, the motion to reconsider is laid upon
the table, and I move that the bill S. 1254 as amended be
favorably reported to the House and the staff be authorized to
make any necessary technical and conforming changes. Without
objection, so ordered.
Appendix I
----------
S. 1254, HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND CONTROL
AMENDMENTS ACT OF 2013
Section-by-Section Analysis, Amendments
Amendment Roster
Section-by-Section Analysis of the Legislation
S. 1254, THE HARMFUL ALGAL BLOOMS AND HYPOXIA RESEARCH AND CONTROL
AMENDMENTS ACT OF 2013
Section 1. Short Title.
This section establishes the short title as the Harmful Algal
Blooms and Hypoxia Research and Control Amendments Act of 2013.
Section 2. References to the Harmful Algal Bloom and Hypoxia Research
and Control Act of 1998.
Section 2 clarifies that any reference in this Act to an amendment
or repeal is to the Harmful Algal Bloom and Hypoxia Research and
Control Act of 1998, unless otherwise specified.
Section 3. Interagency Task Force on Harmful Algal Blooms and Hypoxia.
This section adds the Centers for Disease Control (CDC) to the Task
Force.
Section 4. National Harmful Algal Bloom and Hypoxia Program.
This section requires NOAA to develop and implement a comprehensive
research plan and action strategy under the National Harmful Algal
Bloom and Hypoxia Program.
This section directs the Task Force to periodically review and
revise the program and specifies the Task Force's role with respect to
the program, which includes expediting the interagency review
processes, reviewing funding distribution, and promoting the
development of new technologies to address HABs and hypoxia.
This section assigns NOAA, through the Task Force, primary
responsibility for administering the program, except for the freshwater
aspects of the program, which are to be carried out in coordination
with the Administrator of the EPA. Section 4 requires the Under
Secretary of Commerce for Oceans and Atmosphere (Under Secretary) to:
(1) promote the program;
(2) prepare work and spending plans;
(3) administer merit-based, competitive grant funding;
(4) coordinate with regional, State, tribal, and local
government agencies and programs;
(5) coordinate with the Secretary of State on
international efforts;
(6) identify additional research, development and
demonstration needs;
(7) integrate, coordinate and augment existing education
programs;
(8) facilitate and provide resources for training State
and local coastal and water resource managers;
(9) support regional efforts to control and mitigate
outbreaks;
(10) convene at least one meeting of the Task Force each
year; and
(11) perform other tasks delegated by the Task Force.
This section also directs the Under Secretary to: maintain and
enhance existing competitive programs at NOAA relating to HABs and
hypoxia; carry out marine and Great Lakes HABs and hypoxia response
activities; establish new programs and infrastructure as necessary;
enhance communication and coordination among Federal agencies carrying
out marine and freshwater HAB and hypoxia activities and research;
leverage existing resources and expertise; and increase availability of
resources to appropriate public and private entities. Section 4 directs
the Under Secretary to work cooperatively and avoid duplication with
other programs, agencies, and entities.
Finally, this section requires that all data collection and
monitoring under this title comply with the data standards and
protocols of the Integrated Coastal and Ocean Observation System Act of
2009 (33 U.S.C. 3601 et seq.) and be made available through the
integrated ocean observing system.
Section 5. Comprehensive Research Plan and Action Strategy.
This section directs the Under Secretary, via the Task Force, to
develop a comprehensive research plan and action strategy to address
marine and freshwater HABs and hypoxia, and to submit the plan and
action strategy to Congress within one year of the date of enactment of
this Act. It requires the Action Strategy to identify: specific program
activities associated with a timeline; roles and responsibilities for
each Federal agency in the Task Force; and region- and subregion
specific research needs. With respect to the regional focus of the
Action Strategy, this section also requires that the Action Strategy
identify: regional research priorities; needed research, development,
and demonstration activities; methods for reducing the duration and
intensity of HABs and hypoxia; ways to address the human health impacts
of HABs and hypoxia; mechanisms to protect affected ecosystems; ways to
better share data among government and non-government entities; ways to
improve public dissemination of information about HABs and hypoxia; and
roles for Federal Agencies to play in implementing the Action Strategy.
Section 5 specifies that, in developing the Action Strategy, the
Under Secretary must use existing research, assessments, reports, and
program activities, and that the Under Secretary must coordinate with
State, tribal, and regional officials, including water managers, public
health officials, economists, industries, and other stakeholders.
This section requires publication of the Action Strategy in the
Federal Register, with revisions as necessary.
Section 6. Reporting.
This section requires that, two years after the submission of the
Action Strategy, the Under Secretary must report to Congress on the
proceedings of the Task Force meetings, activities carried out under
the program and the budget for those activities, progress made under
the Action Strategy, and any need to revise or terminate program
activities.
Section 7. Northern Gulf of Mexico Hypoxia.
Section 7 directs the Administrator of the EPA and the Mississippi
River/Gulf of Mexico Watershed Nutrient Task Force to submit a progress
report to Congress describing the progress toward attainment of the
goals of the Gulf Hypoxia Action Plan 2008. The initial progress report
is due within one year of the date of enactment of this Act, and
updates are required every two years thereafter.
Section 8. Great Lakes Hypoxia and Harmful Algal Blooms.
Section 8 requires the Task Force to submit to Congress and the
President, within 18 months of the date of enactment, an integrated
assessment of the causes, consequences, and approaches for reducing
HABs and hypoxia in the Great Lakes. This section also requires, within
two years of the date of enactment, the Task Force to develop and
submit to Congress a research plan based on the aforementioned
integrated assessment. This section requires the research plan to
address issues such as monitoring needs, budgetary requirements and
timelines, model development and verification, and quantification of
the ecological and economic effects of HABs and hypoxia in the Great
Lakes. Finally, this section requires that the research plan be
developed in consultation with a number of stakeholders, leverage
existing activities and information, and be published in the Federal
Register, and requires biennial progress reports on the research plan.
Section 9. Application with other Laws.
This section clarifies that nothing in this Act supersedes or
limits the authority of any agency to carry out its responsibilities
and missions under other laws.
Section 10. Definitions; Conforming Amendment.
This section provides definitions for the following terms: `Action
Strategy' means the comprehensive research plan and action strategy
established under section 603B of HABHRCA; `Administrator' means the
Administrator of the EPA; `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 breakout; `Hypoxia' means a condition
where low dissolved oxygen in aquatic systems causes stress or death to
resident organisms; `Program' means the national harmful algal bloom
and hypoxia program established under section 603A of HABHRCA; `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, and
any other territory or possession of the United States, and any Indian
tribe; `Task Force' means the Interagency Task Force established by
section 603(a) of HABHRCA; `Under Secretary' means the Under Secretary
of Commerce for Oceans and Atmosphere (i.e., Administrator of NOAA);
and `United States Coastal Waters' includes the Great Lakes.
Section 11. Interagency Financing.
This section allows agencies represented on the Task Force to
participate in interagency financing to carry out administrative or
programmatic projects or activities under HABHRCA.
Section 12. Authorization of Appropriations.
Section 12 authorizes $20.5 million to be appropriated for each of
the fiscal years 2014 through 2018 to implement the program and the
action strategy. Of these appropriations, this section requires the
Under Secretary to ensure a `substantial portion' is allocated to
extramural research activities.
Amendments
Amendment Roster
