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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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†S 1057 ES

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Harmful Algal Bloom 

3 and Hypoxia Research and Control Amendments Act of 

4 2017’’. 

5 SEC. 2. REFERENCES TO THE HARMFUL ALGAL BLOOM 

6 AND HYPOXIA RESEARCH AND CONTROL ACT 

7 OF 1998. 

8 Except as otherwise expressly provided, wherever in 

9 this Act an amendment or repeal is expressed in terms 

10 of an amendment to, or repeal of, a section or other provi11 sion, the reference shall be considered to be made to a 

12 section or other provision of the Harmful Algal Bloom and 

13 Hypoxia Research and Control Act of 1998 (33 U.S.C. 

14 4001 et seq.). 

15 SEC. 3. INTER-AGENCY TASK FORCE. 

16 Section 603(a) (33 U.S.C. 4001(a)) is amended— 

17 (1) in paragraph (12), by striking ‘‘and’’ at the 

18 end; 

19 (2) by redesignating paragraph (13) as para20 graph (14); and 

21 (3) by inserting after paragraph (12) the fol22 lowing: 

23 ‘‘(13) the Army Corps of Engineers; and’’. 

24 SEC. 4. SCIENTIFIC ASSESSMENTS OF FRESHWATER HARM25 FUL ALGAL BLOOMS. 

26 Section 603 (33 U.S.C. 4001) is amended— 
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1 (1) by striking subsection (f); 

2 (2) by redesignating subsections (g), (h), (i), 

3 and (j) as subsections (f), (g), (h), and (i), respec4 tively; and 

5 (3) by amending subsection (g) to read as fol6 lows: 

7 ‘‘(g) SCIENTIFIC ASSESSMENTS OF MARINE AND

8 FRESHWATER HARMFUL ALGAL BLOOMS.—Not less than 

9 once every 5 years the Task Force shall complete and sub10 mit to Congress a scientific assessment of harmful algal 

11 blooms in United States coastal waters and freshwater 

12 systems. Each assessment shall examine both marine and 

13 freshwater harmful algal blooms, including those in the 

14 Great Lakes and upper reaches of estuaries, those in 

15 freshwater lakes and rivers, and those that originate in 

16 freshwater lakes or rivers and migrate to coastal waters.’’. 

17 SEC. 5. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA 

18 PROGRAM. 

19 (a) PROGRAM DUTIES.—Section 603A(e) (33 U.S.C. 

20 4002(e)) is amended— 

21 (1) in paragraph (1), by inserting ‘‘, including 

22 to local and regional stakeholders through the estab23 lishment and maintenance of a publicly accessible 

24 Internet website that provides information as to Pro-
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1 gram activities completed under this section’’ after 

2 ‘‘Program’’; 

3 (2) in paragraph (3)— 

4 (A) in subparagraph (B), by striking ‘‘; 

5 and’’ and inserting a semicolon; 

6 (B) in subparagraph (C), by inserting 

7 ‘‘and’’ after the semicolon at the end; and 

8 (C) by adding at the end the following: 

9 ‘‘(D) to accelerate the utilization of effec10 tive methods of intervention and mitigation to 

11 reduce the frequency, severity, and impacts of 

12 harmful algal bloom and hypoxia events;’’; 

13 (3) in paragraph (4), by striking ‘‘and work co14 operatively with’’ and inserting ‘‘, and work coopera15 tively to provide technical assistance to,’’; and 

16 (4) in paragraph (7)— 

17 (A) by inserting ‘‘and extension’’ after ‘‘ex18 isting education’’; and 

19 (B) by inserting ‘‘intervention,’’ after 

20 ‘‘awareness of the causes, impacts,’’. 

21 (b) NATIONAL OCEANIC AND ATMOSPHERIC ADMIN22 ISTRATION ACTIVITIES.—Section 603A(f) (33 U.S.C. 

23 4002(f)) is amended— 

24 (1) in paragraph (3), by inserting ‘‘, which shall 

25 include unmanned systems,’’ after ‘‘infrastructure’’; 
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1 (2) in paragraph (5), by striking ‘‘and’’ at the 

2 end; 

3 (3) in paragraph (6)(C), by striking the period 

4 at the end and inserting a semicolon; and 

5 (4) by adding at the end the following: 

6 ‘‘(7) use cost effective methods in carrying out 

7 this Act; and 

8 ‘‘(8) develop contingency plans for the long9 term monitoring of hypoxia.’’. 

10 SEC. 6. CONSULTATION REQUIRED. 

11 Section 102 of the Harmful Algal Bloom and Hy12 poxia Amendments Act of 2004 (33 U.S.C. 4001a) is 

13 amended by striking ‘‘the amendments made by this title’’ 

14 and inserting ‘‘the Harmful Algal Bloom and Hypoxia Re15 search and Control Act of 1998’’. 

16 SEC. 7. HYPOXIA OR HARMFUL ALGAL BLOOM OF NA17 TIONAL SIGNIFICANCE. 

18 (a) RELIEF.— 

19 (1) IN GENERAL.—Upon a determination under 

20 subsection (b) that there is an event of national sig21 nificance, the appropriate Federal official is author22 ized to make sums available to the affected State or 

23 local government for the purposes of assessing and 

24 mitigating the detrimental environmental, economic, 
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1 subsistence use, and public health effects of the 

2 event of national significance. 

3 (2) FEDERAL SHARE.—The Federal share of 

4 the cost of any activity carried out under this sub5 section for the purposes described in paragraph (1) 

6 may not exceed 50 percent of the cost of that activ7 ity. 

8 (3) DONATIONS.—Notwithstanding any other 

9 provision of law, an appropriate Federal official may 

10 accept donations of funds, services, facilities, mate11 rials, or equipment that the appropriate Federal offi12 cial considers necessary for the purposes described 

13 in paragraph (1). Any funds donated to an appro14 priate Federal official under this paragraph may be 

15 expended without further appropriation and without 

16 fiscal year limitation. 

17 (b) DETERMINATIONS.— 

18 (1) IN GENERAL.—At the discretion of an ap19 propriate Federal official, or at the request of the 

20 Governor of an affected State, an appropriate Fed21 eral official shall determine whether a hypoxia or 

22 harmful algal bloom event is an event of national 

23 significance. 

24 (2) CONSIDERATIONS.—In making a determina25 tion under paragraph (1), the appropriate Federal 
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1 official shall consider the toxicity of the harmful 

2 algal bloom, the severity of the hypoxia, its potential 

3 to spread, the economic impact, the relative size in 

4 relation to the past 5 occurrences of harmful algal 

5 blooms or hypoxia events that occur on a recurrent 

6 or annual basis, and the geographic scope, including 

7 the potential to affect several municipalities, to af8 fect more than 1 State, or to cross an international 

9 boundary. 

10 (c) DEFINITIONS.—In this section: 

11 (1) APPROPRIATE FEDERAL OFFICIAL.—The 

12 term ‘‘appropriate Federal official’’ means— 

13 (A) in the case of a marine or coastal hy14 poxia or harmful algal bloom event, the Under 

15 Secretary of Commerce for Oceans and Atmos16 phere; and 

17 (B) in the case of a freshwater hypoxia or 

18 harmful algal bloom event, the Administrator of 

19 the Environmental Protection Agency. 

20 (2) EVENT OF NATIONAL SIGNIFICANCE.—The 

21 term ‘‘event of national significance’’ means a hy22 poxia or harmful algal bloom event that has had or 

23 will likely have a significant detrimental environ24 mental, economic, subsistence use, or public health 

25 impact on an affected State. 
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1 (3) HYPOXIA OR HARMFUL ALGAL BLOOM

2 EVENT.—The term ‘‘hypoxia or harmful algal bloom 

3 event’’ means the occurrence of hypoxia or a harm4 ful algal bloom as a result of a natural, anthropo5 genic, or undetermined cause. 

6 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

7 Section 609(a) (33 U.S.C. 4009(a)) is amended by 

8 inserting ‘‘, and $22,000,000 for each of fiscal years 2019 

9 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 

harmful algal blooms, and for other purposes. Research and Control Act of 1998 to address