U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

69–010 

" ! SENATE 115TH CONGRESS

1st Session 

REPORT

2017

115–145 

Calendar No. 205 

HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND CONTROL AMENDMENTS 

ACT OF 2017 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 1057 

AUGUST 3, 2017.—Ordered to be printed 


Congress.#13
(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED FIFTEENTH CONGRESS

FIRST SESSION

JOHN THUNE, South Dakota, Chairman 

ROGER F. WICKER, Mississippi BILL NELSON, Florida 

ROY BLUNT, Missouri MARIA CANTWELL, Washington 

TED CRUZ, Texas AMY KLOBUCHAR, Minnesota 

DEB FISCHER, Nebraska RICHARD BLUMENTHAL, Connecticut 

JERRY MORAN, Kansas BRIAN SCHATZ, Hawaii 

DAN SULLIVAN, Alaska EDWARD J. MARKEY, Massachusetts 

DEAN HELLER, Nevada CORY A. BOOKER, New Jersey 

JAMES M. INHOFE, Oklahoma TOM UDALL, New Mexico 

MIKE LEE, Utah GARY C. PETERS, Michigan 

RON JOHNSON, Wisconsin TAMMY BALDWIN, Wisconsin 

SHELLEY MOORE CAPITO, West Virginia TAMMY DUCKWORTH, Illinois 

CORY GARDNER, Colorado MARGARET WOOD HASSAN, 

TODD C. YOUNG, Indiana New Hampshire 

CATHERINE CORTEZ MASTO, Nevada 

NICK ROSSI, Staff Director 

ADRIAN ARNAKIS, Deputy Staff Director 

JASON VAN BEEK, General Counsel 

KIM LIPSKY, Democratic Staff Director 

CHRISTOPHER DAY, Democratic Deputy Staff Director 

1 33 U.S.C. §4001 et seq. 

Calendar No. 205 

115TH CONGRESS REPORT " ! SENATE 1st Session 115–145 

HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND 

CONTROL AMENDMENTS ACT OF 2017 

AUGUST 3, 2017.—Ordered to be printed 

Mr. THUNE, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 1057] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 1057) to amend the Harmful Algal 

Bloom and Hypoxia Research and Control Act of 1998 to address 

harmful algal blooms, and for other purposes, having considered 

the same, reports favorably thereon with an amendment (in the nature of a substitute) and recommends that the bill (as amended) do 

pass. 

BACKGROUND AND NEEDS

S. 1057 would reauthorize the Harmful Algal Bloom and Hypoxia 

Research and Control Act of 1998 (HABHRCA)1, which was last reauthorized in 2014, from fiscal year (FY) 2018 through FY 2022. 

Congress passed the HABHRCA in 1998 to address more frequent 

harmful algal blooms (HABs) and hypoxic events (severe oxygen depletion). These events cause significant economic harm to affected 

communities and can create massive ‘‘dead zones’’ that have deleterious consequences for local ecosystems and economies. 

This Act would build on previous authorizations by doing the following: requiring more collaboration between agencies; granting 

the Federal Government the authority to declare severe algal 

blooms or hypoxic events as events of national significance, trigVerDate Sep 11 2014 03:44 Aug 04, 2017 Jkt 069010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR145.XXX SR145
2 

2 International Joint Commission Health Professionals Advisory Board, ‘‘Human Health Effects from Harmful Algal Blooms: a Synthesis,’’ November 22, 2013, at http://www.ijc.org/files/ 

publications/Attachment 2 Human Health Effects from Harmful Algal Blooms.pdf. 3 National Ocean Service (NOS), ‘‘What is a red tide?,’’ March 02, 2017, at http:// 

oceanservice.noaa.gov/facts/redtide.html. 4 NOS, ‘‘Harmful Algal Blooms,’’ February 23, 2017, at http://oceanservice.noaa.gov/hazards/ 

hab. 5Woods Hole Oceanographic Institute, Harmful Algae , July 11, 2016, at http://www.whoi.edu/ 

redtide/page.do?pid=1531. 6Mississippi River Gulf of Mexico Watershed Nutrient Task Force, ‘‘Hypoxia 101,’’ at http:// 

water.epa.gov/type/watersheds/named/msbasin/hypoxia101.cfm. 7 NOS, ‘‘What is a dead zone?,’’ September 03, 2014, at http://oceanservice.noaa.gov/facts/ 

deadzone.html. 8 NOS, ‘‘West Coast Harmful Algal Bloom,’’ May 2, 2016, at http://oceanservice.noaa.gov/news/ 

sep15/westcoast-habs.html. 

gering access to disaster-like funding; and allowing private donations to be used to fund recovery for events of national significance. 

Harmful Algal Blooms 

HABs occur when environmental conditions promote the rapid 

growth of large numbers of single-celled algae in salt or fresh 

water. While not all algal blooms are harmful, a small percentage 

can produce toxins that negatively affect people, fish, shellfish, and 

other animals. These blooms often discolor the water and result in 

‘‘red tides’’ or ‘‘brown tides’’ and may directly or indirectly cause illness in people. Ingestion of these toxins can cause gastric distress, 

liver damage, and lung paralysis, and can lead to hospitalization 

or death.2 Swimming in or breathing the air near HABs can cause 

eye, nose, and throat irritation, as well as shortness of breath.3

In addition to producing toxins, HABs may clog or lacerate fish 

gills, decrease oxygen in the water (hypoxia), or block sunlight for 

aquatic plants.4 A National Oceanic and Atmospheric Administration (NOAA)-funded study by the Woods Hole Oceanographic Institute estimated that the annual economic impact of HABs in the 

United States is approximately $50,000,000, including a cost of 

$18,000,000 to commercial fishing industries, $7,000,000 for recreation and tourism effects, and $2,000,000 for monitoring and management.5

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.6 Hypoxic areas, sometimes referred to as ‘‘dead zones,’’ 

frequently occur in coastal and estuarine areas after the rapid 

growth of algae. When this explosive growth has consumed all of 

the available nutrients, the algae begins to die and decompose, 

aided by oxygen-consuming bacteria. As these bacteria consume 

most of the available oxygen, a dead zone develops. Animals that 

are able to swim away are less affected by these dead zones; however, slow-moving fauna, such as shellfish, are particularly susceptible to hypoxia and suffocate.7

Impacted Areas 

Almost every State in the United States experiences some kind 

of HAB event. Domoic acid from HABs frequently causes closures 

in the Dungeness crab and shellfish fisheries on the West Coast, 

and was particularly devastating in the 2015 and 2016 seasons.8

Every spring, a large ‘‘dead zone’’ forms near the mouth of the MisVerDate Sep 11 2014 03:44 Aug 04, 2017 Jkt 069010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\SR145.XXX SR145
3 

9 National Centers for Coastal Ocean Science, ‘‘Price of Shrimp Impacted by Gulf of Mexico 

’Dead Zone,’’’ January 30, 2017, at https://coastalscience.noaa.gov/news/coastal-pollution/price-ofshrimp-affected-by-gulf-of-mexico-dead-zone. 10 New York Sea Grant, ‘‘Harmful Algal Blooms: What’s New,’’ at http://seagrant.sunysb.edu/ 

articles/t/harmful-algal-blooms-what-s-new. 11Michigan Sea Grant, ‘‘Harmful Algal Blooms in the Great Lakes,’’ at http:// 

www.miseagrant.umich.edu/explore/coastal-communities/harmful-algal-blooms-in-the-greatlakes. 12 Environmental Protection Agency, ‘‘Lakes Presenting Risk for Exposure to Harmful Algal 

Toxins,’’ January 24, 2017, at https://www.epa.gov/nutrient-policy-data/lakes-presenting-risk-exposure-harmful-algal-toxins. 13Kozacek, C. ‘‘Toxic Algae Flourish as Everglades Solution Eludes Florida,’’ WaterNews, at 

http://www.circleofblue.org/2016/north-america/toxic-algae-flourish-everglades-solution-eludesflorida. 14P.L. 105–383 15P.L. 108–456 16 Jewett, E. B., C. B. Lopez, Q. Dortch, S. M. Etheridge, L. C. Backer, 2008, ‘‘Harmful Algal 

Bloom Management and Response: Assessment and Plan,’’ Inter-Agency Working Group on 

Harmful Algal Blooms, Hypoxia, and Human Health of the Joint Subcommittee on Ocean 

Continued 

sissippi in the Gulf of Mexico from hypoxia, affecting the fishing 

and tourism economy.9 Long Island Sound waters, shared by New 

York, Connecticut, and Rhode Island, have frequent HAB events 

and fishery and shellfish fishery closures, as well as warnings to 

keep pets and people out of the water.10 Blooms in the Great Lakes 

and inland fresh water lakes are frequent as well.11 The Environmental Protection Agency (EPA) studied freshwater lakes with risk 

conditions for exposure to cyanotoxins, a result of HABs, and found 

that most States have at least one lake at risk.12

A massive HAB in 2016 off the south coast of Florida demonstrated that, in addition to studying freshwater and marine 

HABs, Federal scientific assessments also should address blooms 

that begin in freshwater systems and migrate to coastal waters. In 

2016, a toxic bloom began in Lake Okeechobee and spread to the 

Indian River Lagoon and the coastline, which caused severe environmental and economic damage.13 However, the HABHRCA currently only includes provisions for Federal agencies to assess freshwater blooms and marine blooms, not freshwater blooms that become marine blooms. This bill would specify that future specific assessments include HABs that begin in freshwater and spread to 

coastal waters. 

Federal Efforts 

The HABHRCA was enacted as title VI of the Coast Guard Authorization Act of 1998.14 The HABHRCA aimed to facilitate the 

development of a comprehensive Federal response to the problems 

of HABs and hypoxia. The HABHRCA requires the establishment 

of the Inter-agency Task Force on Harmful Algal Blooms and Hypoxia (Inter-Agency Task Force) through the White House Office of 

Science and Technology Policy (OSTP), which is tasked with producing the following reports: an assessment of HABs; an assessment of hypoxia; and an assessment on hypoxia in the Northern 

Gulf of Mexico, which is required to be followed by a plan for addressing that problem. The HABHRCA authorized $25,500,000 in 

appropriations to the Secretary of Commerce for FY 1999 through 

FY 2001. 

The Harmful Algal Bloom and Hypoxia Amendments Act of 2004 

(2004 Amendments Act),15 requires the Inter-Agency Task Force to 

report to Congress on methods for prediction and for prevention, 

control, and mitigation of HABs,16 and to develop a National SciVerDate Sep 11 2014 03:44 Aug 04, 2017 Jkt 069010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\SR145.XXX SR145
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Science and Technology. Washington, D.C., at http://www.cop.noaa.gov/stressors/extremeevents/ 

hab/habhrca/HABMngmtlrespl9l08.pdf. 17See also the workshop report: Dortch, Q., D. M. Anderson, D. L. Ayres, P. M. Glibert (eds.), 

‘‘Harmful Algal Bloom Research, Development, Demonstration, and Technology Transfer National Workshop Report,’’ 2008, Woods Hole, Massachusetts, at http://www.whoi.edu/ 

fileserver.do?id=43464pt=10p=19132. 18For example, Mississippi River Gulf of Mexico Watershed Nutrient Task Force, 2008, Gulf 

Hypoxia Action Plan, at http://water.epa.gov/type/watersheds/named/msbasin/upload/ 

2008l8l28lmsbasinlghap2008lupdate082608.pdf. 19Lopez, C. B., E. B. Jewett, Q. Dortch, B. T. Walton, H. K. Hudnell, ‘‘Scientific Assessment 

of Freshwater Harmful Algal Blooms,’’ 2008, Inter-Agency Working Group on Harmful Algal 

Blooms, Hypoxia, and Human Health of the Joint Subcommittee on Ocean Science and Technology. Washington, D.C., at http://www.cop.noaa.gov/stressors/extremeevents/hab/habhrca/ 

FreshwaterReportlfinall2008.pdf. 20Lopez, C. B., Q. Dortch, E. B. Jewett, D. Garrison, 2008, ‘‘Scientific Assessment of Marine 

Harmful Algal Blooms,’’ Inter-Agency Working Group on Harmful Algal Blooms, Hypoxia, and 

Human Health of the Joint Subcommittee on Ocean Science and Technology. Washington, D.C., 

at http://www.cop.noaa.gov/stressors/extremeevents/hab/habhrca/assessl12-08.pdf. 21 Committee on Environment and Natural Resources, ‘‘Scientific Assessment of Hypoxia in 

U.S. Coastal Waters,’’ 2010, Inter-Agency Working Group on Harmful Algal Blooms, Hypoxia, 

and Human Health of the Joint Subcommittee on Ocean Science and Technology. Washington, 

D.C., at http://www.cop.noaa.gov/stressors/extremeevents/hab/habhrca/hypoxiacoastalwaters.pdf. 22P.L. 113–124 23 National Centers for Coastal and Ocean Science, ‘‘Harmful Algal Bloom and Hypoxia Research and Control Act,’’ May 11, 2017, at http://oceanservice.noaa.gov/facts/redtide.html. 

entific Research, Development, Demonstration, and Technology 

Transfer Plan on Reducing Impacts from HABs.17 The 2004 

Amendments Act also requires new assessments, including the following: regional-scale assessments of HABs and hypoxia;18 a scientific assessment of freshwater HABs;19 a scientific assessment of 

coastal HABs;20 and scientific assessments of hypoxia.21 The National Algal Bloom and Hypoxia Program (Program) was authorized at $19,000,000 annually from FY 2005 through FY 2007. 

In 2014, the HABHRCA was reauthorized and expanded, giving 

NOAA the primary responsibility for administering the Program 

and adding the Centers for Disease Control and Prevention (CDC) 

to the Inter-Agency Task Force. At that time, the Task Force’s 

functions also were expanded to include coordinating the interagency review process and promoting the development of new technologies for predicting, monitoring, and mitigating HABs and 

hypoxic conditions.22 The 2014 amendments to the HABHRCA authorized $20,500,000 in appropriations for FY 2014 through FY 

2017. 

As lead on the Program, NOAA’s mandate is to advance the scientific understanding and ability to detect, monitor, assess, and 

predict HAB and hypoxia events. This is accomplished with funding for intramural and competitive research programs, observing 

systems, and forecasting models. NOAA and the EPA co-chair the 

Inter-Agency Task Force (with NOAA as lead for marine environments and the EPA as lead for freshwater), which is tasked with 

coordinating and convening Federal agencies and their stakeholders to develop action plans and assessments of HABs and hypoxia.23

The Inter-Agency Task Force currently includes the Department 

of Commerce (who serves as the Chairperson of the Task Force), 

the EPA, the Department of Agriculture, the Department of the Interior, the Department of the Navy, the Department of Health and 

Human Services, the National Science Foundation, the National 

Aeronautics and Space Administration, the Food and Drug Administration, OSTP, the Council on Environmental Quality, the CDC, 

5 

24 33 U.S.C. §4001 

and such other Federal agencies as the President considers appropriate.24

SUMMARY OF PROVISIONS

This Act would reauthorize the Program from FY 2018 through 

FY 2022. The bill also would do the following: • Require more collaboration between agencies. • Add the Army Corps of Engineers to the Inter-Agency 

Task Force. • Grant the Federal Government the authority to declare severe algal blooms or hypoxic events as events of national significance. • Allow private donations to be used, along with any Federal 

disaster-like funding, to fund recovery for events of national 

significance. 

LEGISLATIVE HISTORY

S. 1057 was introduced on May 4, 2017, by Senators Nelson, 

Peters, and Portman. There were a number of proposed bills in the 

114th Congress that addressed HABs, but none would have reauthorized the Program. On May 18th, 2017, the Committee met in 

open Executive Session and, by voice vote, ordered S. 1057 reported 

favorably with an amendment (in nature of a substitute). 

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. 1057—Harmful Algal Bloom and Hypoxia Research and Control 

Amendments Act of 2017 

Summary: S. 1057 would reauthorize and modify the Harmful 

Algal Bloom and Hypoxia Research and Control Act of 1998. The 

bill would authorize the appropriation of $110 million over the 

2019–2023 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 esti- mates that implementing the legislation would cost $76 million 

over the 2018–2022 period and $33 million after 2022. Enacting S. 

1057 could affect direct spending; therefore, pay-as-you-go procedures apply. However, CBO estimates that the net effect would be 

negligible. Enacting the bill would not affect revenues. 

CBO estimates that enacting S. 1057 would not increase net direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2028. 

S. 1057 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 1057 is shown in the following table. The costs 

6 

of this legislation fall within budget function 300 (natural resources 

and environment). 

By fiscal year, in millions of dollars— 

2017 2018 2019 2020 2021 2022 2017– 

2022 

INCREASES IN SPENDING SUBJECT TO APPROPRIATION 

Authorization Level ........................................ 0 0 22 22 22 22 88 

Estimated Outlays ......................................... 0 0 14 19 21 22 76 

Basis of estimate: For this estimate, CBO assumes that the legislation will be enacted near the end of fiscal year 2017 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. 1057 would authorize the appropriation of $22 million each 

year from 2019 through 2023 for certain NOAA activities related 

to mitigating and responding to 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 2017, NOAA allocated $14 million for similar activities. CBO estimates that implementing the legislation would cost $76 million over the 2018– 

2022 period and $33 million after 2022. 

Pay-As-You-Go considerations: S. 1057 would allow NOAA to collect and spend, without further appropriation, monetary gifts to assist states and localities affected by significant hypoxia or harmful 

algal bloom events. Such gifts would be recorded in the budget as 

reductions in direct spending. Because CBO expects that any gifts 

would be spent soon after they are received, we estimate that any 

net change in direct spending would be negligible. 

Intergovernmental and private-sector impact: S. 1057 contains no 

intergovernmental or private-sector mandates as defined in UMRA. 

The bill would benefit state and local governments by authorizing 

federal financial assistance for those entities to respond to major 

algal blooms. Any costs incurred by those entities, including costsharing contributions, would result from voluntary commitments. 

Estimate prepared by: Federal costs: Janani Shankaran; Impact 

on state, local, and tribal governments: Jon Sperl; Impact on the 

private sector: Amy Petz. 

Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

REGULATORY IMPACT

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

S. 1057, as reported, would not create any new programs or impose any new regulatory requirements, and, therefore, would not 

subject any individuals or businesses to new regulations. 

7 

ECONOMIC IMPACT

S. 1057, as reported, is not expected to have a negative impact 

on the Nation’s economy. 

PRIVACY

The reported bill would have no impact on the personal privacy 

of individuals. 

PAPERWORK

S. 1057, as reported, would not increase paperwork requirements 

for either the private or public sectors. 

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 the short title of the bill, the Harmful 

Algal Bloom and Hypoxia Research and Control Amendments Act 

of 2017. 

Section 2. References to the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998. 

Any references of an amendment to or repeal of the Act would 

be considered made to the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998. 

Section 3. Inter-Agency Task Force. 

This section would add the Army Corps of Engineers to the InterAgency Task Force. 

Section 4. Scientific assessments of freshwater harmful algal 

blooms. 

This section would remove outdated scientific assessment language and would specify that future scientific assessments should 

include HABs in coastal waters and freshwater systems and those 

that originate in freshwater lakes or rivers and migrate to coastal 

waters. 

Section 5. National Harmful Algal Bloom and Hypoxia Program. 

This section would require the Under Secretary of Commerce to 

engage local and regional stakeholders via a website about the Program. It also would direct the Under Secretary to include intervention and mitigation research as projects available for competitive 

grant funding and provide technical assistance to regional, State, 

tribal, and local governments. It also would add unmanned systems 

as an option for infrastructure for observations and require the 

Under Secretary to develop contingency plans for long-term monitoring of hypoxia. 

8 

Section 6. Consultation. 

This section would make a technical correction to clarify that assessments, reports, and plans are required under the HABHRCA. 

Section 7. Hypoxia or Harmful Algal Bloom of National Significance. 

During the 2016 HAB event in southern Florida, the Governor of 

Florida declared a state of emergency in four counties and requested an emergency declaration from FEMA in order to qualify 

for Federal disaster assistance. However, the request was denied 

by FEMA because HABs and hypoxic events do not qualify as disasters under the Robert T. Stafford Disaster Relief and Emergency 

Assistance Act (42 U.S.C. 5121 et seq.). 

This section would establish a process for the Administrator of 

NOAA or the EPA to declare an event of national significance, 

which would trigger access to disaster-like funds in the case of a 

severe algae bloom or hypoxic event. An event of national significance would mean a hypoxia or HAB event that has had or will 

likely have significant environmental, economic, or public health 

impacts on an affected State. Geographic scope and the relative 

size in relation to past occurrences would be considered when making the determination. This section would require a 25 percent nonFederal match for any funding for an event of national significance. 

This is based on the fishery disaster provisions in the MagnusonStevens Fishery Conservation and Management Act (16 U.S.C. 

1801 et seq.), except that this provision would allow for non-Federal donations to be made for the purposes of funding recovery in 

the case of an event of national significance. As with the existing 

law, the designation would not result in automatic funding, but 

rather would make the designated event eligible to receive funds 

appropriated for remediation. 

Section 8. Authorization of Appropriations. 

Appropriations would be authorized for FY 2019 through FY 

2023 at $22,000,000 annually. The current authorization of 

$22,500,000 would continue through FY 2018. 

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 

[33 U.S.C. 4001 et seq.] 

SEC. 603. ASSESSMENTS. 

[33 U.S.C. 4001] 

(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 

9 

Hypoxia (hereinafter referred to as the ‘‘Task Force’’). The Task 

Force shall consist of a representative from— 

(1) the Department of Commerce (who shall serve as Chairman of the Task Force); 

(2) the Environmental Protection Agency; 

(3) the Department of Agriculture; 

(4) the Department of the Interior; 

(5) the Department of the Navy; 

(6) the Department of Health and Human Services; 

(7) the National Science Foundation; 

(8) the National Aeronautics and Space Administration; 

(9) the Food and Drug Administration; 

(10) the Office of Science and Technology Policy; 

(11) the Council on Environmental Quality; 

(12) the Centers for Disease Control and Prevention; øand¿ 

(13) the Army Corps of Engineers; and 

ø(13)¿(14) 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 nongovernmental 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 peerreviewed, interagency research program on the causes, 

characteristics, and impacts of hypoxia; 

10 

(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 

11 

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. 

ø(f) SCIENTIFIC ASSESSMENT OF FRESHWATER HARMFUL ALGAL

BLOOMS.— 

ø(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. 

ø(2) The freshwater harmful algal bloom scientific assessment shall— 

ø(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; 

ø(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 

ø(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.¿ 

ø(g)¿(f) 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; 

12 

(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. 

ø(h) SCIENTIFIC ASSESSMENTS OF HARMFUL ALGAL BLOOMS.— 

ø(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. 

ø(2) The assessments under this subsection shall— 

ø(A) examine the causes and ecological consequences, 

and economic costs, of harmful algal blooms; 

ø(B) describe the potential ecological and economic costs 

and benefits of possible actions for preventing, controlling, 

and mitigating harmful algal blooms; 

ø(C) evaluate progress made by, and the needs of, Federal research programs on the causes, characteristics, and 

impacts of harmful algal blooms; and 

ø(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.¿ 

(g) SCIENTIFIC ASSESSMENTS OF MARINE AND FRESHWATER

HARMFUL ALGAL BLOOMS.—Not less than once every 5 years the 

Task Force shall complete and submit to Congress a scientific assessment of harmful algal blooms in United States coastal waters 

and freshwater systems. Each assessment shall examine both marine and freshwater harmful algal blooms, including those in the 

Great Lakes and upper reaches of estuaries, those in freshwater 

lakes and rivers, and those that originate in freshwater lakes or rivers and migrate to coastal waters. 

ø(i)¿(h) NATIONAL SCIENTIFIC RESEARCH, DEVELOPMENT, DEMONSTRATION, AND TECHNOLOGY TRANSFER PLAN ON REDUCING IMPACTS FROM HARMFUL ALGAL BLOOMS.— 

(1) Not later than 12 months after the date of enactment of 

the Harmful Algal Bloom and Hypoxia Amendments Act of 

2004, the Task Force shall develop and submit to Congress a 

plan providing for a comprehensive and coordinated national 

research program to develop and demonstrate prevention, control, and mitigation methods to reduce the impacts of harmful 

algal blooms on coastal ecosystems (including the Great 

Lakes), public health, and the economy. 

13 

(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. 

ø(j)¿(i) REPORT.—Not later than 2 years after the date the Action 

Strategy is submitted under section 603B, the Under Secretary 

shall submit a report to Congress that describes— 

(1) the proceedings of the annual Task Force meetings; 

(2) the activities carried out under the Program, including 

the regional and subregional parts of the Action Strategy; 

(3) the budget related to the activities under paragraph (2); 

(4) the progress made on implementing the Action Strategy; 

and 

(5) any need to revise or terminate research and activities 

under the Program. 

SEC. 603A. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA PROGRAM. 

[33 U.S.C. 4002] 

(a) * * * 

(e) PROGRAM DUTIES.—In administering the Program, the Under 

Secretary shall— 

(1) promote the Program, including to local and regional 

stakeholders through the establishment and maintenance of a 

publicly accessible Internet website that provides information as 

to Program activities completed under this section; 

(2) prepare work and spending plans for implementing the 

research and activities identified under the Action Strategy; 

(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 Programø; and¿; 

(C) to address the research and management needs and 

priorities identified in the Action Strategy; and 

14 

(D) to accelerate the utilization of effective methods of 

intervention and mitigation to reduce the frequency, severity, and impacts of harmful algal bloom and hypoxia 

events; 

(4) coordinate with øand work cooperatively with¿, and work 

cooperatively to provide technical assistance to, 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 

and extension programs to improve public understanding and 

awareness of the causes, impacts, intervention, and mitigation 

efforts for marine and freshwater harmful algal blooms and hypoxia; 

(8) 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, which shall include unmanned systems, as necessary, 

critical observations, monitoring, modeling, data management, 

information dissemination, and operational forecasts relevant 

to harmful algal blooms and hypoxia events; 

(4) enhance communication and coordination among Federal 

agencies carrying out marine and freshwater harmful algal 

bloom and hypoxia activities and research; 

15 

(5) to the greatest extent practicable, leverage existing resources and expertise available from local research universities 

and institutions; øand¿ 

(6) increase the availability to appropriate public and private 

entities of— 

(A) analytical facilities and technologies; 

(B) operational forecasts; and 

(C) reference and research materialsø.¿; 

(7) use cost effective methods in carrying out this Act; and 

(8) develop contingency plans for the long-term monitoring of 

hypoxia. 

(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. 609. AUTHORIZATION OF APPROPRIATIONS. 

[33 U.S.C. 4009] 

(a) IN GENERAL.—There is authorized to be appropriated to the 

Under Secretary to carry out sections 603A and 603B $20,500,000 

for each of fiscal years 2014 through 2018, and $22,000,000 for 

each of fiscal years 2019 through 2023. 

(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. 

16 

HARMFUL ALGAL BLOOM AND HYPOXIA AMENDMENTS ACT 

OF 2004 

[Public Law 108–456; 118 Stat. 3630] 

SEC. 102. RETENTION OF TASK FORCE. 

[33 U.S.C. 4001a] 

In developing the assessments, reports, and plans under øthe 

amendments made by this title¿ the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998, the Task Force shall consult with the coastal States, Indian tribes, local governments, appropriate industries (including fisheries, agriculture, and fertilizer), 

academic institutions, and nongovernmental organizations with expertise in coastal zone science and management. 

Æ