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113th Congress Report
SENATE
1st Session 113-121
_______________________________________________________________________
Calendar No. 248
HARMFUL ALGAL BLOOMS AND HYPOXIA
RESEARCH AND CONTROL AMENDMENTS
ACT OF 2013
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1254
November 18, 2013.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred thirteenth congress
first session
JOHN D. ROCKEFELLER IV, West Virginia, Chairman
BARBARA BOXER, California JOHN THUNE, South Dakota
BILL NELSON, Florida ROGER F. WICKER, Mississippi
MARIA CANTWELL, Washington ROY BLUNT, Missouri
MARK PRYOR, Arkansas MARCO RUBIO, Florida
CLAIRE McCASKILL, Missouri KELLY AYOTTE, New Hampshire
AMY KLOBUCHAR, Minnesota DEAN HELLER, Nevada
MARK WARNER, Virginia DAN COATS, Indiana
MARK BEGICH, Alaska TIM SCOTT, South Carolina
RICHARD BLUMENTHAL, Connecticut TED CRUZ, Texas
BRIAN SCHATZ, Hawaii DEB FISCHER, Nebraska
ED MARKEY, Massachusetts RON JOHNSON, Wisconsin
CORY BOOKER, New Jersey
Ellen Doneski, Staff Director
John Williams, General Counsel
David Schwietert, Republican Staff Director
Nick Rossi, Republican Deputy Staff Director
Rebecca Seidel, Republican General Counsel
Calendar No. 248
113th Congress Report
SENATE
1st Session 113-121
======================================================================
HARMFUL ALGAL BLOOMS AND HYPOXIA RESEARCH AND CONTROL AMENDMENTS ACT OF
2013
_______
November 18, 2013.--Ordered to be printed
_______
Mr. Rockefeller, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 1254]
The Committee on Commerce, Science, and Transportation, to
which 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, reports
favorably thereon without amendment, and recommends that the
bill do pass.
Purpose of the Bill
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.
Background and Needs
HARMFUL ALGAL BLOOMS
Algal blooms occur when environmental conditions promote the
rapid growth of large numbers of single-celled marine algae,
also known as phytoplankton. Excess nutrient inputs, changes in
temperature or amounts of light, and turbulence in the water
column are all known to influence the creation of algal blooms.
While algal blooms occur naturally, they are increasing in
frequency and intensity due to human activities. Blooms have
been linked to increasing nutrient availability via
agricultural and municipal (sewage) runoff, and through the
transport of exotic species into an area. These blooms often
discolor the water and are sometimes known as ``red tides'' or
``brown tides.'' HABs occur when some or all of the
phytoplankton in the bloom produce toxins that are harmful to
humans, fish, invertebrates, and other marine organisms. Some
species of algae known to produce toxins include: Alexandrium
spp., primarily in New England; Pfiesteria spp. in the Mid-
Atlantic; Karena spp. in the Gulf of Mexico; Pseudo-nitzschia
spp., which produces the neurotoxin domoic acid, on the West
Coast; and Heterosigma spp. in the Pacific Northwest. In
addition to producing toxins, HABs may have negative impacts by
clogging or lacerating fishes' gills, by rapidly depleting the
available oxygen in a given area thereby ``suffocating'' fish
and other marine life, or by blocking the sunlight that may be
available to aquatic plants beneath the bloom.
HYPOXIA
In aquatic systems, hypoxia refers to a situation where the
concentration of dissolved oxygen is reduced to less than 2 to
3 parts per million. Hypoxic areas frequently occur in coastal
and estuarine areas where rivers bring freshwater to the ocean.
This freshwater is less dense than the underlying seawater,
which reduces mixing of the various water layers, effectively
``capping'' the subsurface, saline (salty) water. The
freshwater runoff is often heavily laden with nutrients from
agricultural operations, wastewater treatment plant discharges,
urban runoff, and atmospheric deposition, among other sources.
The excess nutrients present in the freshwater runoff act as
fertilizer and stimulate the rapid growth of algae at the sea
surface. When this explosive growth has consumed all of the
available nutrients, the algae die en masse. As the dead algae
sink to the seafloor they are decomposed by oxygen-consuming
bacteria that proliferate in response to increased dead matter
on which to feed. If the bacteria consume most of the available
oxygen in the water, a ``dead zone'' develops.
Anoxia is the term for the most extreme case of hypoxia
wherein all available oxygen in the seawater is consumed by
bacteria. Animals that are able to swim away to higher-oxygen
waters are less affected by dead zones. However, animals that
are non-motile or that move too slowly to escape hypoxic or
anoxic waters, such as shellfish, are particularly negatively
affected. Storms and tides may mix the hypoxic bottom water and
the aerated surface water, ameliorating the severity of the
hypoxia. However, in the absence of such mixing, hypoxic
conditions may persist for long periods of time.
In recent decades, large areas of hypoxia have occurred in
the Gulf of Mexico, along the Oregon coast, and in the
Chesapeake Bay. The most notable dead zone in U.S. waters is
located in the Gulf of Mexico. This dead zone has been detected
annually since the 1970s and has since grown in extent since
that time to encompass an area as large as the State of
Connecticut.
GEOGRAPHIC DISTRIBUTION AND ECONOMIC IMPACTS
HABs and hypoxic events cause significant impacts to the
Nation's economy. Nationally, commercial fisheries annually
lose $38 million as a result of these events. In addition, the
public health cost of human illness is estimated at $37 million
annually. Recreation and tourism impacts are roughly $4 million
per year, and the cost of coastal monitoring and management is
$3 million per year. Yet, these are likely conservative
estimates due, in part, to a lack of information about
individual events, un-quantified economic effects of
environmental impacts, and a lack of documentation of socio-
economic impacts such as increased reliance on social services,
decreased recreational opportunities, and changes in
livelihoods. Woods Hole Oceanographic Institution's HABs expert
Dr. Don Anderson has estimated the economic impact of HABs to
be in the billions.
At the regional level, HABs and hypoxic events are known to
affect all regions of the country. Recent Alexandrium (``red
tide'') outbreaks in New England in 2005, 2006, and 2008
resulted in the closure of shellfish beds in Maine, New
Hampshire, and Massachusetts and fish kills in Rhode Island.
The 2005 red tide event alone cost the region approximately $23
million in lost shellfish sales. A significantly more severe
outbreak in 2009 forced the closure of 97 percent of Maine's
89,000 acres of inshore shellfish habitat and 100 percent of
the ocean quahog beds. The economic impacts of the 2009 bloom
are estimated in the tens of millions of dollars in Maine
alone.
Outbreaks of Karena brevis (also called red tide) can impact
fish, birds, marine mammals, as well as people living or
working near the water. Impacts from these blooms typically
exceed $19 million, up to $32 million annually. A particularly
bad event in Florida in 1971 cost the State nearly $100
million, primarily impacting the tourism industry. While these
events typically occur in the eastern portion of the Gulf of
Mexico, they are also known to occur in Texas and Louisiana. A
2001 Karena bloom brought shellfish closures, fish kills, and
lost tourism that cost Galveston County in Texas alone nearly
$10 million. In 2011, Texas experienced its worst red tide in a
decade.
Outbreaks of Pfiesteria-like organisms in the Chesapeake Bay
and its tributaries resulted in a collapse of the seafood
industry in 1997. The loss to commercial watermen, charter-boat
operators, seafood dealers, and seafood restaurants was
approximately $43 million. There were also significant public
health concerns as many people became ill due to exposure to
Pfiesteria.
In the Pacific Northwest, high levels of domoic acid in razor
clams, oysters, and Dungeness crabs (which can result in the
serious illness called ``amnesic shellfish poisoning'' if
consumed) cost Washington State at least $10 million to $12
million in lost revenue in 2002 and 2003. Annually, these
fisheries contribute $72 million to the Washington economy and
are important not only to commerce, but to recreational anglers
and harvesters as well as local tribes. Thus any disruption to
these fisheries, even short disruptions, can have significant
impacts on Washington State.
In Hawaii, algal blooms along the north shore of Maui are a
recurring problem adversely impacting coral reefs and local
aesthetics. Due to a decrease in real estate values, reduced
hotel occupancy rates, and increased clean-up costs, these
blooms potentially cost Hawaii more than $20 million annually.
Continued algal blooms are projected to cost the State an
additional $16 million annually over the next several decades.
Even Alaska is not immune from the effects of HABs as
evidenced by the 2009 appearance of an ``Arctic blob'', a dark,
floating mass that stretched for miles through the Chuckchi
Sea. Originally thought to be an oil spill, this ``fibrous,
hairy goo'' was positively identified as a massive bloom of
algae.
CONGRESSIONALLY-MANDATED REPORTS
HABHRCA and the Harmful Algal Bloom and Hypoxia Amendments
Act of 2004 (2004 Act) required submission to Congress of
numerous reports intended to outline progress made in HAB and
hypoxia research and to recommend future actions that could
enhance national capabilities to handle these conditions. Those
reports are summarized in the following paragraphs.
HARMFUL ALGAL BLOOM MANAGEMENT & RESPONSE: ASSESSMENT AND PLAN\1\
---------------------------------------------------------------------------
\1\Jewett, E.B., Lopez, C.B., Dortch, Q., Etheridge, S.M, Backer,
L.C. 2008. Harmful Algal Bloom Management and Response: Assessment and
Plan. Interagency Working Group on Harmful Algal Blooms, Hypoxia, and
Human Health of the Joint Subcommittee on Ocean Science and Technology.
Washington, D.C.
---------------------------------------------------------------------------
This report, released in September 2008, details the
considerable progress made due to Federal efforts with regard
to HAB prediction and response. However, the report also
outlines several opportunities for additional advancement.
These include: (1) advances in monitoring, prediction, and
control of HABs; (2) more coordinated, comprehensive event
response capabilities; (3) improved coordination between
Federal agencies rather than relying on informal partnerships;
and (4) increased social science research to optimize
effectiveness and efficiency of coordinated approaches.
GULF HYPOXIA ACTION PLAN 2008\2\
---------------------------------------------------------------------------
\2\Mississippi River/Gulf of Mexico Watershed Nutrient Task Force.
2008. Gulf Hypoxia Action Plan 2008 for Reducing, Mitigating, and
Controlling Hypoxia in the Northern Gulf of Mexico and Improving Water
Quality in the Mississippi River Basin. Washington, D.C.
---------------------------------------------------------------------------
The 2008 Action Plan was issued by the Mississippi River/Gulf
of Mexico Watershed Nutrient Task Force originally convened as
a result of HABHRCA, and is an example of the regional
assessments called for in the 2004 Act. This 2008 Action Plan
reflects the Task Force's efforts to track progress, update the
science, and adapt actions to improve the effectiveness of Task
Force efforts throughout the Mississippi River Basin.
SCIENTIFIC ASSESSMENT OF FRESHWATER HARMFUL ALGAL BLOOMS\3\
---------------------------------------------------------------------------
\3\Lopez, C.B., Jewett, E.B., Dortch, Q., Walton, B.T., Hudnell,
H.K. 2008. Scientific Assessment of Freshwater Harmful Algal Blooms.
Interagency Working Group on Harmful Algal Blooms, Hypoxia, and Human
Health of the Joint Subcommittee on Ocean Science and Technology.
Washington, D.C.
---------------------------------------------------------------------------
This 2008 report outlines the following priorities for
freshwater HAB research and response: (1) improve methods for
detecting HAB cells and toxins; (2) improve understanding of
HAB toxin uptake, metabolism, and health effects in humans and
animals; (3) improve human health and ecological risk
assessments; (4) improve knowledge of bloom occurrence through
better monitoring; (5) improve bloom prediction; (6) develop
HAB prevention and control methods; and (7) improve HAB
research and response infrastructure.
SCIENTIFIC ASSESSMENT OF MARINE HARMFUL ALGAL BLOOMS\4\
---------------------------------------------------------------------------
\4\Lopez, C.B., Dortch, Q., Jewett, E.B., Garrison, D. 2008.
Scientific Assessment of Marine Harmful Algal Blooms. Interagency
Working Group on Harmful Algal Blooms, Hypoxia, and Human Health of the
Joint Subcommittee on Ocean Science and Technology. Washington, D.C.
---------------------------------------------------------------------------
This 2008 report is organized into five major thematic areas;
(1) understanding HAB causes and controls and developing
predictive models; (2) developing detection methods for cells
and toxins; (3) characterizing toxins and toxin impacts; (4)
HAB impacts on food webs and fisheries; and (5) assessing
public health, economic, and socio-cultural impacts. Based on
the findings, the report recommends: continuing basic research
to help develop strategies and tools for improved HAB
management; greater coordination between biological and social
science research programs; more rapid transfer of technology
from the research phase to the operational phase; and a
combination of extramural and intramural competitive and non-
competitive research aimed at meeting the multiple goals of HAB
management.
HARMFUL ALGAL BLOOM RESEARCH, DEVELOPMENT, DEMONSTRATION, & TECHNOLOGY
TRANSFER (HAB RDDTT) NATIONAL WORKSHOP REPORT\5\
---------------------------------------------------------------------------
\5\HAB RDDTT. 2008. Harmful Algal Bloom Research, Development,
Demonstration, and Technology Transfer National Workshop Report.
Dortch, Q., Anderson, D.M., Ayres, D.L., Glibert, P.M. (Eds)., Woods
Hole, Massachusetts.
---------------------------------------------------------------------------
This 2008 report outlines steps that need to be taken with
regard to: prevention, control, and mitigation (PCM); event
response; and improvements in core infrastructure. The report
also recommends implementation of these steps in a series of
phases. It recommends legislative changes that would be
necessary for full implementation, and it outlines the benefits
of full implementation of the RDDTT program.
SCIENTIFIC ASSESSMENT OF HYPOXIA IN U.S. COASTAL WATERS\6\
---------------------------------------------------------------------------
\6\Committee on Environment and Natural Resources. 2010. Scientific
Assessment of Hypoxia in U.S. Coastal Waters. Interagency Working Group
on Harmful Algal Blooms, Hypoxia, and Human Health of the Joint
Subcommittee on Ocean Science and Technology. Washington, D.C.
---------------------------------------------------------------------------
This 2010 HABHRCA report assesses the problem of hypoxia in
our Nation's coastal ocean and estuarine waters, and describes
recent advances made by Federal agencies to improve scientific
understanding of hypoxia and our ability to manage and prevent
these events. The report draws from the contributions of
Federal agencies as well as previous reports and planning
efforts that involved experts and stakeholders from Federal,
State and local governments, and academia, industry, and non-
governmental organizations.
Summary of Provisions
The Harmful Algal Blooms and Hypoxia Research and Control
Amendments Act of 2013 would reauthorize the program from 2014
through 2018. The bill would establish a national HAB/Hypoxia
Program at the National Oceanic and Atmospheric Administration
(NOAA), which will be responsible for:
promoting a national strategy to help
communities understand, predict, control and mitigate
freshwater and marine HAB and hypoxia events;
enhancing, coordinating, and assessing the
activities of existing HABs and hypoxia programs;
providing for development of a comprehensive
research plan and action strategy; and
requiring an assessment and plan for Great
Lakes HABs and hypoxia.
This bill would authorize $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, the
new section 610(b) of the HABHRCA would require the Secretary
of Commerce to ensure a substantial portion is allocated to
extramural research activities.
Legislative History
S. 1254 was introduced on June 27, 2013, by Senator Nelson,
and is cosponsored by Senators Portman, Begich, Rockefeller,
Blumenthal, King, Cardin, Cantwell, Landrieu, Wicker and
Merkley. S. 1254 would reauthorize and update the research
programs established in HABHRCA, originally enacted in 1998 and
last reauthorized in 2004.
Legislation to reauthorize HABHRCA was reported by the
Committee by unanimous consent in the 111th and the 112th
Congresses, but was never considered by the full Senate. S.
1254 includes significant changes from similar legislation
previously considered by the Committee, reflecting the
interests of the sponsors, current programmatic needs, and
declining budget trends.
On July 30, 2013, the Committee met in open executive session
and, by voice vote, ordered S. 1254 reported without amendment.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 1254--Harmful Algal Blooms and Hypoxia Research and Control
Amendments Act of 2013
Summary: S. 1254 would reauthorize and modify the Harmful
Algal Bloom and Hypoxia Research and Control Act of 1998. The
bill would authorize the appropriation of $20.5 million
annually over the 2014-2018 period for the National Oceanic and
Atmospheric Administration (NOAA) to mitigate the effects of
harmful algal blooms and hypoxia (reduced oxygen level) in
certain bodies of water.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing the legislation would cost $92
million over the 2014-2018 period and $11 million after 2018.
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--
-----------------------------------------------------
2014-
2014 2015 2016 2017 2018 2018
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level....................................... 21 21 21 21 21 103
Estimated Outlays......................................... 13 17 20 21 21 92
----------------------------------------------------------------------------------------------------------------
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 2013
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 over the 2014-2018 period for certain NOAA
activities related to mitigating the effects of harmful algal
blooms and hypoxia in coastal waters and the Great Lakes. Those
activities include providing grants, conducting research,
preparing reports, and overseeing an interagency task force.
Over the 2008-2012 period, NOAA spent about $18 million a year
on similar activities. Assuming appropriation of the authorized
amounts, CBO estimates that implementing the legislation would
cost $92 million over the 2014-2018 period and $11 million
after 2018.
Pay-As-You-Go considerations: None.
Intergovernmental and private-sector impact: S. 1254
contains no intergovernmental or private-sector mandates as
defined in UMRA.
Estimate prepared by: Federal Costs: Jeff LaFave; Impact on
State, Local, and Tribal Governments: Melissa Merrell; Impact
on the Private Sector: Amy Petz.
Estimate approved by: Theresa Gullo; Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
The bill does not authorize any new regulations and therefore
will not subject any individuals or businesses to new
regulations.
ECONOMIC IMPACT
The bill authorizes $20.5 million for each of fiscal years
2014 through 2018, less than amounts authorized in the past for
the same program, but greater than appropriations in fiscal
years 2007 through 2012 (not adjusted for inflation). These
amounts are not expected to have an inflationary impact on the
Nation's economy. Improving the prediction and prevention of
HAB events is likely to have a modest positive economic impact
on the Nation's economy.
PRIVACY
The reported bill would not have any adverse impact on the
personal privacy of individuals.
PAPERWORK
This bill would establish a national harmful algal bloom and
hypoxia program, and would require the development of a
comprehensive research plan and action strategy. It would
require several reports to Congress regarding the task force's
action plans, including for the Gulf of Mexico and Great Lakes
regions, and updates on the progress of the program in the
years following the initiation of the program.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short Title.
This section would provide that the Act be cited 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 would specify that any reference in this Act to an
amendment or repeal would be to the Harmful Algal Bloom and
Hypoxia Research and Control Act of 1998, unless otherwise
specified.
Section 3. Interagency Task Force on Harmful Algal Blooms and Hypoxia.
This section would add the Centers for Disease Control (CDC)
to the list of agencies represented on the Task Force.
Section 4. National Harmful Algal Bloom and Hypoxia Program.
This section would establish a national HAB and hypoxia
program, and require the development of a comprehensive
research plan and action strategy.
This section would direct the Task Force to periodically
review and revise the program. It would specify the Task
Force's role with respect to the program, including to expedite
interagency review processes, review funding distribution, and
promote the development of new technologies to address HABs and
hypoxia.
This section would give NOAA, through the Task Force, primary
responsibility for administering the program, except for the
freshwater aspects of the program, which would be carried out
in coordination with the Administrator of the EPA. This section
would require 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 would direct 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. This
section would direct the Under Secretary to work cooperatively
and avoid duplication with other programs, agencies, and
entities.
Finally, this section would require 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 would direct 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. This section would
require 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 would
require 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.
This section would require that, in developing the Action
Strategy, the Under Secretary use existing research,
assessments, reports, and program activities, and further that
the Under Secretary coordinate with State, tribal, and regional
officials, including water managers, public health officials,
economists, industries, and other stakeholders.
This section would require the Action Strategy to be
published in the Federal Register and revised as necessary.
Section 6. Reporting.
This section would require that, two years after the
submission of the Action Strategy, the Under Secretary 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.
This section would direct 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 would be due
within one year of the date of enactment of this Act, and
updates would be due every two years thereafter.
Section 8. Great Lakes Hypoxia and Harmful Algal Blooms.
This section would require the Task Force to submit to
Congress and the President, within 18 months of the date of
enactment, an integrated assessment to describe the causes,
consequences, and approaches for reducing HABs and hypoxia in
the Great Lakes. This section would also require, 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 would require 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
would require 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 would require biennial progress reports on the
research plan.
Section 9. Application with other Laws.
This section would ensure that nothing in this Act would
supersede or limit the authority of any agency to carry out its
responsibilities and missions under other laws.
Section 10. Definitions; Conforming Amendment.
This section would define 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 would allow agencies represented on the Task
Force to participate in interagency financing to carry out
administrative or programmatic project or activity under
HABHRCA.
Section 12. Authorization of Appropriations.
This section 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 would require the Under Secretary to ensure a
``substantial portion'' shall be allocated to extramural
research activities.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND CONTROL ACT OF 1998
[16 U.S.C. 1451 note]
SEC. 601. SHORT TITLE.
This title may be cited as the ``Harmful Algal Bloom and
Hypoxia Research and Control Act of 1998''.
SEC. 602. FINDINGS.
The Congress finds that--
(1) the recent outbreak of the harmful microbe
Pfiesteria piscicida in the coastal waters of the
United States is one example of potentially harmful
algal blooms composed of naturally occurring species
that reproduce explosively and that are increasing in
frequency and intensity in the Nation's coastal waters;
(2) other recent occurrences of harmful algal blooms
include red tides in the Gulf of Mexico and the
Southeast; brown tides in New York and Texas; ciguatera
fish poisoning in Hawaii, Florida, Puerto Rico, and the
United States Virgin Islands; and shellfish poisonings
in the Gulf of Maine, the Pacific Northwest, and the
Gulf of Alaska;
(3) in certain cases, harmful algal blooms have
resulted in fish kills, the deaths of numerous
endangered West Indian manatees, beach and shellfish
bed closures, threats to public health and safety, and
concern among the public about the safety of seafood;
(4) according to some scientists, the factors causing
or contributing to harmful algal blooms may include
excessive nutrients in coastal waters, other forms of
pollution, the transfer of harmful species through ship
ballast water, and ocean currents;
(5) harmful algal blooms may have been responsible
for an estimated $1,000,000,000 in economic losses
during the past decade;
(6) harmful algal blooms and blooms of non-toxic
algal species may lead to other damaging marine
conditions such as hypoxia (reduced oxygen
concentrations), which are harmful or fatal to fish,
shellfish, and benthic organisms;
(7) according to the National Oceanic and Atmospheric
Administration in the Department of Commerce, 53
percent of United States estuaries experience hypoxia
for at least part of the year and a 7,000 square mile
area in the Gulf of Mexico off Louisiana and Texas
suffers from hypoxia;
(8) according to some scientists, a factor believed
to cause hypoxia is excessive nutrient loading into
coastal waters;
(9) there is a need to identify more workable and
effective actions to reduce nutrient loadings to
coastal waters;
(10) the National Oceanic and Atmospheric
Administration, through its ongoing research,
education, grant, and coastal resource management
programs, possesses a full range of capabilities
necessary to support a near and long-term comprehensive
effort to prevent, reduce, and control harmful algal
blooms and hypoxia;
(11) funding for the research and related programs of
the National Oceanic and Atmospheric Administration
will aid in improving the Nation's understanding and
capabilities for addressing the human and environmental
costs associated with harmful algal blooms and hypoxia;
and
(12) other Federal agencies such as the Environmental
Protection Agency, the Department of Agriculture, and
the National Science Foundation, along with the States,
Indian tribes, and local governments, conduct important
work related to the prevention, reduction, and control
of harmful algal blooms and hypoxia.
SEC. 603. ASSESSMENTS.
(a) Establishment of Inter-Agency Task Force.--The President,
through the Committee on Environment and Natural Resources of
the National Science and Technology Council, shall establish an
Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia[
(hereinafter referred to as the ``Task Force'')]. The Task
Force shall consist of [the following representatives from] a
representative from--
(1) the Department of Commerce (who shall serve as
Chairman of the Task Force);
(2) the Environmental Protection Agency;
(3) the Department of Agriculture;
(4) the Department of the Interior;
(5) the Department of the Navy;
(6) the Department of Health and Human Services;
(7) the National Science Foundation;
(8) the National Aeronautics and Space
Administration;
(9) the Food and Drug Administration;
(10) the Office of Science and Technology Policy;
(11) the Council on Environmental Quality; [and]
(12) the Centers for Disease Control; and
[(12)](13) [such] other Federal agencies as the
President considers appropriate.
(b) Assessment of Harmful Algal Blooms.--
(1) Not later than 12 months after the date of the
enactment of this title, the Task Force, in cooperation
with the coastal States, Indian tribes, and local
governments, industry (including agricultural
organizations), academic institutions, and non-
governmental organizations with expertise in coastal
zone management, shall complete and submit to the
Congress an assessment which examines the ecological
and economic consequences of harmful algal blooms,
alternatives for reducing, mitigating, and controlling
harmful algal blooms, and the social and economic costs
and benefits of such alternatives.
(2) The assessment shall--
(A) identify alternatives for preventing
unnecessary duplication of effort among Federal
agencies and departments with respect to
harmful algal blooms; and
(B) provide for Federal cooperation and
coordination with and assistance to the coastal
States, Indian tribes, and local governments in
the prevention, reduction, management,
mitigation, and control of harmful algal blooms
and their environmental and public health
impacts.
(c) Assessment of Hypoxia.--
(1) Not later than 12 months after the date of the
enactment of this title, the Task Force, in cooperation
with the States, Indian tribes, local governments,
industry, agricultural, academic institutions, and non-
governmental organizations with expertise in watershed
and coastal zone management, shall complete and submit
to the Congress an assessment which examines the
ecological and economic consequences of hypoxia in
United States coastal waters, alternatives for
reducing, mitigating, and controlling hypoxia, and the
social and economic costs and benefits of such
alternatives.
(2) The assessment shall--
(A) establish needs, priorities, and
guidelines for a peer-reviewed, interagency
research program on the causes,
characteristics, and impacts of hypoxia;
(B) identify alternatives for preventing
unnecessary duplication of effort among Federal
agencies and departments with respect to
hypoxia; and
(C) provide for Federal cooperation and
coordination with and assistance to the States,
Indian tribes, and local governments in the
prevention, reduction, management, mitigation,
and control of hypoxia and its environmental
impacts.
(d) Report to Congress on Harmful Algal Bloom Impacts.--
(1) Development.--Not later than 12 months after the
date of enactment of the Harmful Algal Bloom and
Hypoxia Amendments Act of 2004, the President, in
consultation with the chief executive officers of the
States, shall develop and submit to the Congress a
report that describes and evaluates the effectiveness
of measures described in paragraph (2) that may be
utilized to protect environmental and public health
from impacts of harmful algal blooms. In developing the
report, the President shall consult with the Task
Force, the coastal States, Indian tribes, local
governments, appropriate industries (including
fisheries, agriculture, and fertilizer), academic
institutions, and nongovernmental organizations with
expertise in coastal zone science and management, and
also consider the scientific assessments developed
under this Act.
(2) Requirements.--The report shall--
(A) review techniques for prediction of the
onset, course, and impacts of harmful algal
blooms including evaluation of their accuracy
and utility in protecting environmental and
public health and provisions for their
development;
(B) identify innovative research and
development methods for the prevention,
control, and mitigation of harmful algal blooms
and provisions for their development; and
(C) include incentive-based partnership
approaches regarding subparagraphs (A) and (B)
where practicable.
(3) Publication and opportunity for comment.--At
least 90 days before submitting the report to the
Congress, the President shall cause a summary of the
proposed plan to be published in the Federal Register
for a public comment period of not less than 60 days.
(4) Federal assistance.--The Secretary of Commerce,
in coordination with the Task Force and to the extent
of funds available, shall provide for Federal
cooperation with and assistance to the coastal States,
Indian tribes, and local governments regarding the
measures described in paragraph (2), as requested.
(e) Local and Regional Scientific Assessments.--
(1) In general.--The Secretary of Commerce, in
coordination with the Task Force and appropriate State,
Indian tribe, and local governments, to the extent of
funds available, shall provide for local and regional
scientific assessments of hypoxia and harmful algal
blooms, as requested by States, Indian tribes, and
local governments, or for affected areas as identified
by the Secretary. If the Secretary receives multiple
requests, the Secretary shall ensure, to the extent
practicable, that assessments under this subsection
cover geographically and ecologically diverse locations
with significant ecological and economic impacts from
hypoxia or harmful algal blooms. The Secretary shall
establish a procedure for reviewing requests for local
and regional assessments. The Secretary shall ensure,
through consultation with Sea Grant Programs, that the
findings of the assessments are communicated to the
appropriate State, Indian tribe, and local governments,
and to the general public.
(2) Purpose.--Local and regional assessments shall
examine--
(A) the causes and ecological consequences,
and the economic cost, of hypoxia or harmful
algal blooms in that area;
(B) potential methods to prevent, control,
and mitigate hypoxia or harmful algal blooms in
that area and the potential ecological and
economic costs and benefits of such methods;
and
(C) other topics the Task Force considers
appropriate.
(f) Scientific Assessment of Freshwater Harmful Algal
Blooms.--
(1) Not later than 24 months after the date of
enactment of the Harmful Algal Bloom and Hypoxia
Amendments Act of 2004 the Task Force shall complete
and submit to Congress a scientific assessment of
current knowledge about harmful algal blooms in
freshwater, such as the Great Lakes and upper reaches
of estuaries, including a research plan for
coordinating Federal efforts to better understand
freshwater harmful algal blooms.
(2) The freshwater harmful algal bloom scientific
assessment shall--
(A) examine the causes and ecological
consequences, and the economic costs, of
harmful algal blooms with significant effects
on freshwater, including estimations of the
frequency and occurrence of significant events;
(B) establish priorities and guidelines for a
competitive, peer-reviewed, merit-based
interagency research program, as part of the
Ecology and Oceanography of Harmful Algal
Blooms (ECOHAB) project, to better understand
the causes, characteristics, and impacts of
harmful algal blooms in freshwater locations;
and
(C) identify ways to improve coordination and
to prevent unnecessary duplication of effort
among Federal agencies and departments with
respect to research on harmful algal blooms in
freshwater locations.
(g) Scientific Assessments of Hypoxia.--
(1) Not less than once every 5 years the Task Force
shall complete and submit to the Congress a scientific
assessment of hypoxia in United States coastal waters
including the Great Lakes. The first such assessment
shall be completed not less than 24 months after the
date of enactment of the Harmful Algal Bloom and
Hypoxia Amendments Act of 2004.
(2) The assessments under this subsection shall--
(A) examine the causes and ecological
consequences, and the economic costs, of
hypoxia;
(B) describe the potential ecological and
economic costs and benefits of possible policy
and management actions for preventing,
controlling, and mitigating hypoxia;
(C) evaluate progress made by, and the needs
of, Federal research programs on the causes,
characteristics, and impacts of hypoxia,
including recommendations of how to eliminate
significant gaps in hypoxia modeling and
monitoring data; and
(D) identify ways to improve coordination and
to prevent unnecessary duplication of effort
among Federal agencies and departments with
respect to research on hypoxia.
(h) Scientific Assessments of Harmful Algal Blooms.--
(1) Not less than once every 5 years the Task Force
shall complete and submit to Congress a scientific
assessment of harmful algal blooms in United States
coastal waters. The first such assessment shall be
completed not later than 24 months after the date of
enactment of the Harmful Algal Bloom and Hypoxia
Amendments Act of 2004 and shall consider only marine
harmful algal blooms. All subsequent assessments shall
examine both marine and freshwater harmful algal
blooms, including those in the Great Lakes and upper
reaches of estuaries.
(2) The assessments under this subsection shall--
(A) examine the causes and ecological
consequences, and economic costs, of harmful
algal blooms;
(B) describe the potential ecological and
economic costs and benefits of possible actions
for preventing, controlling, and mitigating
harmful algal blooms;
(C) evaluate progress made by, and the needs
of, Federal research programs on the causes,
characteristics, and impacts of harmful algal
blooms; and
(D) identify ways to improve coordination and
to prevent unnecessary duplication of effort
among Federal agencies and departments with
respect to research on harmful algal blooms.
(i) National Scientific Research, Development, Demonstration,
and Technology Transfer Plan on Reducing Impacts from Harmful
Algal Blooms.--
(1) Not later than 12 months after the date of
enactment of the Harmful Algal Bloom and Hypoxia
Amendments Act of 2004, the Task Force shall develop
and submit to Congress a plan providing for a
comprehensive and coordinated national research program
to develop and demonstrate prevention, control, and
mitigation methods to reduce the impacts of harmful
algal blooms on coastal ecosystems (including the Great
Lakes), public health, and the economy.
(2) The plan shall--
(A) establish priorities and guidelines for a
competitive, peer reviewed, merit based
interagency research, development,
demonstration, and technology transfer program
on methods for the prevention, control, and
mitigation of harmful algal blooms;
(B) identify ways to improve coordination and
to prevent unnecessary duplication of effort
among Federal agencies and departments with
respect to the actions described in paragraph
(1); and
(C) include to the maximum extent practicable
diverse institutions, including Historically
Black Colleges and Universities and those
serving large proportions of Hispanics, Native
Americans, Asian Pacific Americans, and other
underrepresented populations.
(3) The Secretary of Commerce, in conjunction with
other appropriate Federal agencies, shall establish a
research, development, demonstration, and technology
transfer program that meets the priorities and
guidelines established under paragraph (2)(A). The
Secretary shall ensure, through consultation with Sea
Grant Programs, that the results and findings of the
program are communicated to State, Indian tribe, and
local governments, and to the general public.
(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 2013, the Under Secretary, acting
through the Task Force, shall establish and maintain 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 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 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) establish new programs and infrastructure, as
necessary, to develop and enhance 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 2013, 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 local,
State, and regional 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. 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 2013, 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. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated to the Secretary of
Commerce for research, education, and monitoring activities
related to the prevention, reduction, and control of harmful
algal blooms and hypoxia, $15,000,000 for fiscal year 1999,
$18,250,000 for fiscal year 2000, $19,000,000 for fiscal year
2001, $23,500,000 for fiscal year 2005, $24,500,000 for fiscal
year 2006, $25,000,000 for fiscal year 2007, and $30,000,000
for each of fiscal years 2008 through 2010, to remain available
until expended. The Secretary shall consult with the States on
a regular basis regarding the development and implementation of
the activities authorized under this section. Of such amounts
for each fiscal year--
[(1) $1,500,000 for fiscal year 1999, $1,500,000 for
fiscal year 2000, $2,000,000 for fiscal year 2001, and
$2,500,000 for each of fiscal years 2005 through 2010
may be used to enable the National Oceanic and
Atmospheric Administration to carry out research and
assessment activities, including procurement of
necessary research equipment, at research laboratories
of the National Ocean Service and the National Marine
Fisheries Service;
[(2) $4,000,000 for fiscal year 1999, $5,500,000 for
fiscal year 2000, $5,500,000 for fiscal year 2001, and
$6,500,000, of which $1,000,000 shall be used for the
research program described in section 603(f)(2)(B), for
each of fiscal years 2005 through 2010 may be used to
carry out the Ecology and Oceanography of Harmful Algal
Blooms (ECOHAB) project under the Coastal Ocean Program
established under section 201(c) of Public Law 102-567;
[(3) $1,000,000 for fiscal year 1999, $2,000,000 for
fiscal year 2000, $2,000,000 for fiscal year 2001, and
$3,000,000 for each of fiscal years 2005 through 2010
may be used by the National Ocean Service of the
National Oceanic and Atmospheric Administration to
carry out a peer-reviewed research project on
management measures that can be taken to prevent,
reduce, control, and mitigate harmful algal blooms and
to carry out section 603(d);
[(4) $5,500,000 for each of the fiscal years 1999,
2000, 2001, and $6,000,000 for each of fiscal years
2005 through 2010 may be used to carry out Federal and
State annual monitoring and analysis activities for
harmful algal blooms administered by the National Ocean
Service of the National Oceanic and Atmospheric
Administration;
[(5) $3,000,000 for fiscal year 1999, $3,750,000 for
fiscal year 2000, $4,000,000 for fiscal year 2001,
$4,000,000 for fiscal year 2005, $5,000,000 for fiscal
year 2006, $5,500,000 for fiscal year 2007, and
$6,000,000 for each of fiscal years 2008 through 2010
may be used for activities related to research and
monitoring on hypoxia by the National Ocean Service and
the Office of Oceanic and Atmospheric Research of the
National Oceanic and Atmospheric Administration; and
[(6) $1,500,000 for each of fiscal years 2005 through
2010 to carry out section 603(e).]
SEC. 605. 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 2013, 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 2013,
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) consult with State and local governments
and representatives from academic,
agricultural, industry, and other stakeholder
groups;
(B) consult with 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) utilize existing research, assessments,
reports, and program activities;
(G) publish a summary of the proposed plan in
the Federal Register at least 180 days prior to
submitting the completed plan to Congress; and
(H) after submitting the completed plan to
Congress, provide biennial progress reports on
the activities toward achieving the objectives
of the plan.
SEC. 606. PROTECTION OF STATES' RIGHTS.
(a) Nothing in this title shall be interpreted to adversely
affect existing State regulatory or enforcement power which has
been granted to any State through the Clean Water Act or
Coastal Zone Management Act of 1972.
(b) Nothing in this title shall be interpreted to expand the
regulatory or enforcement power of the Federal Government which
has been delegated to any State through the Clean Water Act or
Coastal Zone Management Act of 1972.
SEC. 607. EFFECT ON OTHER FEDERAL AUTHORITY.
Nothing in this title supersedes or limits the authority of
any agency to carry out its responsibilities and missions under
other laws.
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. INTERAGENCY FINANCING.
The departments and agencies represented on the Task Force
may participate in interagency financing and share, transfer,
receive, obligate, and expend funds appropriated to any member
of the Task Force for the purposes of carrying out any
administrative or programmatic project or activity under this
title, including support for the Program, a common
infrastructure, information sharing, and system integration for
harmful algal bloom and hypoxia research, monitoring,
forecasting, prevention, and control. Funds may be transferred
among the departments and agencies through an appropriate
instrument that specifies the goods, services, or space being
acquired from another Task Force member and the costs of the
goods, services, and space. The amount of funds transferrable
under this section for any fiscal year may not exceed 5 percent
of the account from which the transfer was made.
SEC. 610. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
the Under Secretary to carry out sections 603A and 603B
$20,500,000 for each of fiscal years 2014 through 2018.
(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.
