```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1057 Engrossed in Senate (ES)]

<DOC>
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
115th CONGRESS
  1st Session
                                S. 1057

_______________________________________________________________________

                                 AN ACT

 
 To amend the Harmful Algal Bloom and Hypoxia Research and Control Act 
    of 1998 to address harmful algal blooms, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Harmful Algal Bloom and Hypoxia 
Research and Control Amendments Act of 2017''.

SEC. 2. REFERENCES TO THE HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND 
              CONTROL ACT OF 1998.

    Except as otherwise expressly provided, wherever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Harmful Algal Bloom and 
Hypoxia Research and Control Act of 1998 (33 U.S.C. 4001 et seq.).

SEC. 3. INTER-AGENCY TASK FORCE.

    Section 603(a) (33 U.S.C. 4001(a)) is amended--
            (1) in paragraph (12), by striking ``and'' at the end;
            (2) by redesignating paragraph (13) as paragraph (14); and
            (3) by inserting after paragraph (12) the following:
            ``(13) the Army Corps of Engineers; and''.

SEC. 4. SCIENTIFIC ASSESSMENTS OF FRESHWATER HARMFUL ALGAL BLOOMS.

    Section 603 (33 U.S.C. 4001) is amended--
            (1) by striking subsection (f);
            (2) by redesignating subsections (g), (h), (i), and (j) as 
        subsections (f), (g), (h), and (i), respectively; and
            (3) by amending subsection (g) to read as follows:
    ``(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.''.

SEC. 5. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA PROGRAM.

    (a) Program Duties.--Section 603A(e) (33 U.S.C. 4002(e)) is 
amended--
            (1) in paragraph (1), by inserting ``, 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'' after ``Program'';
            (2) in paragraph (3)--
                    (A) in subparagraph (B), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in subparagraph (C), by inserting ``and'' after 
                the semicolon at the end; and
                    (C) by adding at the end the following:
                    ``(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;'';
            (3) in paragraph (4), by striking ``and work cooperatively 
        with'' and inserting ``, and work cooperatively to provide 
        technical assistance to,''; and
            (4) in paragraph (7)--
                    (A) by inserting ``and extension'' after ``existing 
                education''; and
                    (B) by inserting ``intervention,'' after 
                ``awareness of the causes, impacts,''.
    (b) National Oceanic and Atmospheric Administration Activities.--
Section 603A(f) (33 U.S.C. 4002(f)) is amended--
            (1) in paragraph (3), by inserting ``, which shall include 
        unmanned systems,'' after ``infrastructure'';
            (2) in paragraph (5), by striking ``and'' at the end;
            (3) in paragraph (6)(C), by striking the period at the end 
        and inserting a semicolon; and
            (4) by adding at the end the following:
            ``(7) use cost effective methods in carrying out this Act; 
        and
            ``(8) develop contingency plans for the long-term 
        monitoring of hypoxia.''.

SEC. 6. CONSULTATION REQUIRED.

    Section 102 of the Harmful Algal Bloom and Hypoxia Amendments Act 
of 2004 (33 U.S.C. 4001a) is amended by striking ``the amendments made 
by this title'' and inserting ``the Harmful Algal Bloom and Hypoxia 
Research and Control Act of 1998''.

SEC. 7. HYPOXIA OR HARMFUL ALGAL BLOOM OF NATIONAL SIGNIFICANCE.

    (a) Relief.--
            (1) In general.--Upon a determination under subsection (b) 
        that there is an event of national significance, the 
        appropriate Federal official is authorized to make sums 
        available to the affected State or local government for the 
        purposes of assessing and mitigating the detrimental 
        environmental, economic, subsistence use, and public health 
        effects of the event of national significance.
            (2) Federal share.--The Federal share of the cost of any 
        activity carried out under this subsection for the purposes 
        described in paragraph (1) may not exceed 50 percent of the 
        cost of that activity.
            (3) Donations.--Notwithstanding any other provision of law, 
        an appropriate Federal official may accept donations of funds, 
        services, facilities, materials, or equipment that the 
        appropriate Federal official considers necessary for the 
        purposes described in paragraph (1). Any funds donated to an 
        appropriate Federal official under this paragraph may be 
        expended without further appropriation and without fiscal year 
        limitation.
    (b) Determinations.--
            (1) In general.--At the discretion of an appropriate 
        Federal official, or at the request of the Governor of an 
        affected State, an appropriate Federal official shall determine 
        whether a hypoxia or harmful algal bloom event is an event of 
        national significance.
            (2) Considerations.--In making a determination under 
        paragraph (1), the appropriate Federal official shall consider 
        the toxicity of the harmful algal bloom, the severity of the 
        hypoxia, its potential to spread, the economic impact, the 
        relative size in relation to the past 5 occurrences of harmful 
        algal blooms or hypoxia events that occur on a recurrent or 
        annual basis, and the geographic scope, including the potential 
        to affect several municipalities, to affect more than 1 State, 
        or to cross an international boundary.
    (c) Definitions.--In this section:
            (1) Appropriate federal official.--The term ``appropriate 
        Federal official'' means--
                    (A) in the case of a marine or coastal hypoxia or 
                harmful algal bloom event, the Under Secretary of 
                Commerce for Oceans and Atmosphere; and
                    (B) in the case of a freshwater hypoxia or harmful 
                algal bloom event, the Administrator of the 
                Environmental Protection Agency.
            (2) Event of national significance.--The term ``event of 
        national significance'' means a hypoxia or harmful algal bloom 
        event that has had or will likely have a significant 
        detrimental environmental, economic, subsistence use, or public 
        health impact on an affected State.
            (3) Hypoxia or harmful algal bloom event.--The term 
        ``hypoxia or harmful algal bloom event'' means the occurrence 
        of hypoxia or a harmful algal bloom as a result of a natural, 
        anthropogenic, or undetermined cause.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    Section 609(a) (33 U.S.C. 4009(a)) is amended by inserting ``, and 
$22,000,000 for each of fiscal years 2019 through 2023'' before the 
period at the end.

            Passed the Senate September 26, 2017.

            Attest:

                                                             Secretary.
115th CONGRESS

  1st Session

                                S. 1057

_______________________________________________________________________

                                 AN ACT

 To amend the Harmful Algal Bloom and Hypoxia Research and Control Act 
    of 1998 to address harmful algal blooms, and for other purposes.
```