II 

112TH CONGRESS 

1ST SESSION S. 1701 

To amend the Harmful Algal Blooms and Hypoxia Research and Control 

Act of 1998, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 13, 2011 

Ms. SNOWE (for herself, Mr. NELSON of Florida, Mr. BEGICH, Mr. ROCKEFELLER, Mr. WHITEHOUSE, Mrs. GILLIBRAND, and Mr. CARDIN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To amend the Harmful Algal Blooms and Hypoxia Research 

and Control Act of 1998, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Harmful Algal Blooms 

5 and Hypoxia Research and Control Amendments Act of 

6 2011’’. 


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1 SEC. 2. AMENDMENT OF HARMFUL ALGAL BLOOM AND HY2 POXIA RESEARCH AND CONTROL ACT OF 

3 1998. 

4 Except as otherwise expressly provided, whenever in 

5 this Act an amendment or repeal is expressed in terms 

6 of an amendment to, or repeal of, a section or other provi7 sion, the reference shall be considered to be made to a 

8 section or other provision of the Harmful Algal Bloom and 

9 Hypoxia Research and Control Act of 1998 (16 U.S.C. 

10 1451 note). 

11 SEC. 3. FINDINGS. 

12 Section 602 is amended to read as follows: 

13 ‘‘§ 602. Findings 

14 ‘‘Congress finds the following: 

15 ‘‘(1) Harmful algal blooms and hypoxia— 

16 ‘‘(A) are increasing in frequency and inten17 sity in the Nation’s coastal waters and Great 

18 Lakes; 

19 ‘‘(B) pose a threat to the health of coastal 

20 and Great Lakes ecosystems; 

21 ‘‘(C) are costly to coastal economies; and 

22 ‘‘(D) threaten the safety of seafood and 

23 human health. 

24 ‘‘(2) Excessive nutrients in coastal waters have 

25 been linked to the increased intensity and frequency 

26 of hypoxia and some harmful algal blooms. There is 


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1 a need to identify more workable and effective ac2 tions to reduce the negative impacts of harmful algal 

3 blooms and hypoxia on coastal waters. 

4 ‘‘(3) The National Oceanic and Atmospheric 

5 Administration, through its ongoing research, moni6 toring, observing, education, grant, and coastal re7 source management programs and in collaboration 

8 with the other Federal agencies on the Inter-Agency 

9 Task Force on Harmful Algal Blooms and Hypoxia, 

10 along with States, Indian tribes, and local govern11 ments, possesses the capabilities necessary to sup12 port a near and long-term comprehensive effort to 

13 prevent, reduce, and control the human and environ14 mental costs of harmful algal blooms and hypoxia. 

15 ‘‘(4) Increases in nutrient loading from point 

16 and nonpoint sources can trigger and exacerbate 

17 harmful algal blooms and hypoxia. Since much of 

18 the increases originate in upland areas and are deliv19 ered to marine and freshwater bodies via river dis20 charge, integrated and landscape-level research and 

21 control strategies are required. 

22 ‘‘(5) Harmful algal blooms and hypoxia affect 

23 many sectors of the coastal economy, including tour24 ism, public health, and recreational and commercial 

25 fisheries. According to a recent report produced by 


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1 the National Oceanic and Atmospheric Administra2 tion, the United States seafood, restaurant, and 

3 tourism industries suffer estimated annual losses of 

4 at least $82,000,000 due to the economic impacts of 

5 harmful algal blooms. 

6 ‘‘(6) The proliferation of harmful and nuisance 

7 algae can occur in all United States waters, includ8 ing coastal areas (such as estuaries), the Great 

9 Lakes, and inland waterways, crossing political 

10 boundaries and necessitating regional coordination 

11 for research, monitoring, mitigation, response, and 

12 prevention efforts. 

13 ‘‘(7) Federally funded and other research has 

14 led to several technological advances, including re15 mote sensing, molecular and optical tools, satellite 

16 imagery, and coastal and ocean observing systems, 

17 that— 

18 ‘‘(A) provide data for forecast models; 

19 ‘‘(B) improve the monitoring and pre20 diction of these events; and 

21 ‘‘(C) provide essential decision making 

22 tools for managers and stakeholders.’’. 

23 SEC. 4. PURPOSES. 

24 The Act is amended by inserting after section 602 

25 the following: 


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1 ‘‘§ 602A. Purposes 

2 ‘‘The purposes of this title are— 

3 ‘‘(1) to provide for the development and coordi4 nation of a comprehensive and integrated national 

5 program to address harmful algal blooms and hy6 poxia through baseline research, monitoring, preven7 tion, mitigation, and control; 

8 ‘‘(2) to provide for the assessment of environ9 mental, socioeconomic, and human health impacts of 

10 harmful algal blooms and hypoxia on a regional and 

11 national scale, and to integrate this assessment into 

12 marine and freshwater resource decisions; and 

13 ‘‘(3) to facilitate regional, State, tribal, and 

14 local efforts to develop and implement appropriate 

15 harmful algal bloom and hypoxia response plans, 

16 strategies, and tools, including outreach programs 

17 and information dissemination mechanisms.’’. 

18 SEC. 5. INTER-AGENCY TASK FORCE ON HARMFUL ALGAL 

19 BLOOMS AND HYPOXIA. 

20 Section 603(a) is amended— 

21 (1) by striking ‘‘the following representatives 

22 from’’ and inserting ‘‘a representative from’’; 

23 (2) in paragraph (11), by striking ‘‘and’’; 

24 (3) by redesignating paragraph (12) as para25 graph (13); 


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1 (4) by inserting after paragraph (11) the fol2 lowing: 

3 ‘‘(12) The Centers for Disease Control; and’’; 

4 and 

5 (5) in paragraph (13), as redesignated, by 

6 striking ‘‘such’’. 

7 SEC. 6. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA 

8 PROGRAM. 

9 The Act is amended by inserting after section 603 

10 the following: 

11 ‘‘§ 603A. National harmful algal bloom and hypoxia 

12 program 

13 ‘‘(a) ESTABLISHMENT.—Except as provided in sub14 section (d), the Under Secretary, acting through the Task 

15 Force established under section 603, shall establish and 

16 maintain a national harmful algal bloom and hypoxia pro17 gram. 

18 ‘‘(b) ACTION STRATEGY.— 

19 ‘‘(1) IN GENERAL.—Not later than 1 year after 

20 the date of enactment of the Harmful Algal Blooms 

21 and Hypoxia Research and Control Amendments Act 

22 of 2011, the Task Force shall develop a national 

23 harmful algal blooms and hypoxia action strategy 

24 that— 


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1 ‘‘(A) is consistent with the purposes under 

2 section 602A; 

3 ‘‘(B) includes a statement of goals and ob4 jectives; and 

5 ‘‘(C) includes an implementation plan. 

6 ‘‘(2) PUBLICATION.—Not later than 30 days 

7 after the date that the action strategy is developed, 

8 the Task Force shall— 

9 ‘‘(A) submit the action strategy to Con10 gress; and 

11 ‘‘(B) publish the action strategy in the 

12 Federal Register. 

13 ‘‘(3) PERIODIC REVISION.—The Task Force 

14 shall periodically review and revise the action strat15 egy, as necessary. 

16 ‘‘(c) TASK FORCE FUNCTIONS.—The Task Force 

17 shall— 

18 ‘‘(1) coordinate interagency review of plans and 

19 policies of the Program; 

20 ‘‘(2) assess interagency work and spending 

21 plans for implementing the activities of the Pro22 gram; 

23 ‘‘(3) review the Program’s distribution of Fed24 eral grants and funding to address research prior25 ities; 


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1 ‘‘(4) support the implementation of the actions 

2 and strategies identified in the regional research and 

3 action plans under section 603B; 

4 ‘‘(5) support the development of institutional 

5 mechanisms and financial instruments to further the 

6 goals of the Program; 

7 ‘‘(6) coordinate and integrate the research of all 

8 Federal programs, including ocean and Great Lakes 

9 science and management programs and centers, that 

10 address the chemical, biological, and physical compo11 nents of marine and freshwater harmful algal 

12 blooms and hypoxia; 

13 ‘‘(7) expedite the interagency review process by 

14 ensuring timely review and dispersal of required re15 ports and assessments under this title; 

16 ‘‘(8) promote the development of new tech17 nologies for predicting, monitoring, and mitigating 

18 harmful algal blooms and hypoxia conditions; and 

19 ‘‘(9) establish such interagency working groups 

20 as it considers necessary. 

21 ‘‘(d) LEAD FEDERAL AGENCY.—The National Oce22 anic and Atmospheric Administration shall have primary 

23 responsibility for administering the Program. 

24 ‘‘(e) PROGRAM DUTIES.—In administering the Pro25 gram, the Under Secretary shall— 


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1 ‘‘(1) develop and promote a national strategy to 

2 understand, detect, predict, control, mitigate, and 

3 respond to marine and freshwater harmful algal 

4 bloom and hypoxia events; 

5 ‘‘(2) prepare work and spending plans for im6 plementing the activities of the Program and devel7 oping and implementing the regional research and 

8 action plans; 

9 ‘‘(3) administer merit-based, competitive grant 

10 funding— 

11 ‘‘(A) to support the projects maintained 

12 and established by the Program; and 

13 ‘‘(B) to address the research and manage14 ment needs and priorities identified in the re15 gional research and action plans; 

16 ‘‘(4) coordinate and work cooperatively with re17 gional, State, tribal, and local government agencies 

18 and programs that address marine and freshwater 

19 harmful algal blooms and hypoxia; 

20 ‘‘(5) coordinate with the Secretary of State to 

21 support international efforts on marine and fresh22 water harmful algal bloom and hypoxia information 

23 sharing, research, mitigation, control, and response 

24 activities; 


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1 ‘‘(6) identify additional research, development, 

2 and demonstration needs and priorities relating to 

3 monitoring, prevention, control, mitigation, and re4 sponse to marine and freshwater harmful algal 

5 blooms and hypoxia, including methods and tech6 nologies to protect the ecosystems affected by ma7 rine and freshwater harmful algal blooms and hy8 poxia; 

9 ‘‘(7) integrate, coordinate, and augment exist10 ing education programs to improve public under11 standing and awareness of the causes, impacts, and 

12 mitigation efforts for marine and freshwater harmful 

13 algal blooms and hypoxia; 

14 ‘‘(8) facilitate and provide resources to train 

15 State and local coastal and water resource managers 

16 in the methods and technologies for monitoring, con17 trolling, and mitigating marine and freshwater 

18 harmful algal blooms and hypoxia; 

19 ‘‘(9) support regional efforts to control and 

20 mitigate outbreaks through— 

21 ‘‘(A) communication of the contents of the 

22 regional research and action plans and mainte23 nance of online data portals for other informa24 tion about harmful algal blooms and hypoxia to 


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1 State and local stakeholders within the region 

2 for which each plan is developed; and 

3 ‘‘(B) overseeing the development, review, 

4 and periodic updating of regional research and 

5 action plans; 

6 ‘‘(10) convene at least 1 meeting of the Task 

7 Force each year; and 

8 ‘‘(11) perform such other tasks as may be dele9 gated by the Task Force. 

10 ‘‘(f) NATIONAL OCEANIC AND ATMOSPHERIC ADMIN11 ISTRATION ACTIVITIES.—The Under Secretary shall— 

12 ‘‘(1) maintain and enhance the existing com13 petitive programs at the National Oceanic and At14 mospheric Administration relating to marine and 

15 freshwater algal blooms and hypoxia; 

16 ‘‘(2) carry out marine and Great Lakes harmful 

17 algal bloom and hypoxia events response activities; 

18 ‘‘(3) establish new programs and infrastructure, 

19 as necessary, to develop and enhance the critical ob20 servations, monitoring, modeling, data management, 

21 information dissemination, and operational forecasts 

22 required to meet the purposes under section 602A; 

23 ‘‘(4) enhance communication and coordination 

24 among Federal agencies carrying out marine and 


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1 freshwater harmful algal bloom and hypoxia activi2 ties; and 

3 ‘‘(5) increase the availability to appropriate 

4 public and private entities of— 

5 ‘‘(A) analytical facilities and technologies; 

6 ‘‘(B) operational forecasts; and 

7 ‘‘(C) reference and research materials. 

8 ‘‘(g) COOPERATIVE EFFORTS.—The Under Secretary 

9 shall work cooperatively and avoid duplication of effort 

10 with other offices, centers, and programs within the Na11 tional Oceanic and Atmospheric Administration, other 

12 agencies on the Task Force, and States, tribes, and non13 governmental organizations concerned with marine and 

14 freshwater issues to coordinate harmful algal blooms and 

15 hypoxia (and related) activities and research. 

16 ‘‘(h) FRESHWATER PROGRAM.—With respect to the 

17 freshwater aspects of the Program, except for those as18 pects occurring in the Great Lakes, the Administrator of 

19 the Environmental Protection Agency, in consultation 

20 with the Under Secretary, through the Task Force, 

21 shall— 

22 ‘‘(1) carry out the duties assigned to the Under 

23 Secretary under this section and section 603B, in24 cluding the activities under subsection (g); 


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1 ‘‘(2) research the ecology of freshwater harmful 

2 algal blooms; 

3 ‘‘(3) monitor and respond to freshwater harm4 ful algal blooms events in lakes (except for the Great 

5 Lakes), rivers, and reservoirs; 

6 ‘‘(4) mitigate and control freshwater harmful 

7 algal blooms; and 

8 ‘‘(5) recommend the amount of funding re9 quired to carry out subsection (g) for inclusion in 

10 the President’s annual budget request to Congress. 

11 ‘‘(i) INTEGRATED COASTAL AND OCEAN OBSERVA12 TION SYSTEM.—The collection of monitoring and observa13 tion data under this title shall comply with all data stand14 ards and protocols developed pursuant to the Integrated 

15 Coastal and Ocean Observation System Act of 2009 (33 

16 U.S.C. 3601 et seq.). Such data shall be made available 

17 through the system established under that Act.’’. 

18 SEC. 7. REGIONAL RESEARCH AND ACTION PLANS. 

19 The Act, as amended by section 6 of this Act, is fur20 ther amended by inserting after section 603A the fol21 lowing: 

22 ‘‘§ 603B. Regional research and action plans 

23 ‘‘(a) IN GENERAL.—In administering the Program, 

24 the Under Secretary shall— 


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1 ‘‘(1) identify appropriate regions and sub2 regions to be addressed by each regional research 

3 and action plan; and 

4 ‘‘(2) oversee the development and implementa5 tion of the regional research and action plans. 

6 ‘‘(b) PLAN DEVELOPMENT.—The Under Secretary 

7 shall— 

8 ‘‘(1) develop and submit to the Task Force for 

9 approval a regional research and action plan for 

10 each region, that builds upon any existing State or 

11 regional plans the Under Secretary considers appro12 priate; and 

13 ‘‘(2) identify appropriate elements for each re14 gion, including— 

15 ‘‘(A) baseline ecological, social, and eco16 nomic research needed to understand the bio17 logical, physical, and chemical conditions that 

18 cause, exacerbate, and result from harmful 

19 algal blooms and hypoxia; 

20 ‘‘(B) regional priorities for ecological and 

21 socio-economic research on issues related to and 

22 impacts of harmful algal blooms and hypoxia; 

23 ‘‘(C) research, development, and dem24 onstration activities needed to develop and ad25 vance technologies and techniques— 


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1 ‘‘(i) for minimizing the occurrence of 

2 harmful algal blooms and hypoxia; and 

3 ‘‘(ii) for improving capabilities to pre4 dict, monitor, prevent, control, and miti5 gate harmful algal blooms and hypoxia; 

6 ‘‘(D) State, tribal, and local government 

7 actions that may be implemented— 

8 ‘‘(i) to support long-term monitoring 

9 efforts and emergency monitoring as need10 ed; 

11 ‘‘(ii) to minimize the occurrence of 

12 harmful algal blooms and hypoxia; 

13 ‘‘(iii) to reduce the duration and in14 tensity of harmful algal blooms and hy15 poxia in times of emergency; 

16 ‘‘(iv) to address human health dimen17 sions of harmful algal blooms and hypoxia; 

18 and 

19 ‘‘(v) to identify and protect vulnerable 

20 ecosystems that could be, or have been, af21 fected by harmful algal blooms and hy22 poxia; 

23 ‘‘(E) mechanisms by which data, informa24 tion, and products are transferred between the 


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1 Program and State, tribal, and local govern2 ments and research entities; 

3 ‘‘(F) communication, outreach and infor4 mation dissemination efforts that State, tribal, 

5 and local governments and stakeholder organi6 zations can take to educate and inform the pub7 lic about harmful algal blooms and hypoxia and 

8 alternative coastal resource-utilization opportu9 nities that are available; and 

10 ‘‘(G) the roles that Federal agencies can 

11 play to facilitate implementation of the regional 

12 research and action plan for that region. 

13 ‘‘(c) CONSULTATION.—In developing a regional re14 search and action plan under this section, the Under Sec15 retary shall— 

16 ‘‘(1) coordinate with State coastal management 

17 and planning officials; 

18 ‘‘(2) coordinate with tribal resource manage19 ment officials; 

20 ‘‘(3) coordinate with water management and 

21 watershed officials from coastal States and non22 coastal States with water sources that drain into 

23 water bodies affected by harmful algal blooms and 

24 hypoxia; 


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1 ‘‘(4) coordinate with the Administrator and 

2 other Federal agencies as the Under Secretary con3 siders appropriate; and 

4 ‘‘(5) consult with— 

5 ‘‘(A) public health officials; 

6 ‘‘(B) emergency management officials; 

7 ‘‘(C) science and technology development 

8 institutions; 

9 ‘‘(D) economists; 

10 ‘‘(E) industries and businesses affected by 

11 marine and freshwater harmful algal blooms 

12 and hypoxia; 

13 ‘‘(F) scientists, with expertise concerning 

14 harmful algal blooms or hypoxia, from academic 

15 or research institutions; and 

16 ‘‘(G) other stakeholders. 

17 ‘‘(d) BUILDING ON AVAILABLE STUDIES AND INFOR18 MATION.—In developing a regional research and action 

19 plan under this section, the Under Secretary shall— 

20 ‘‘(1) utilize and build on existing research, as21 sessments, reports, including those carried out under 

22 existing law, and other relevant sources; and 

23 ‘‘(2) consider the impacts, research, and exist24 ing program activities of all United States coastlines 

25 and fresh and inland waters, including the Great 


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1 Lakes, the Chesapeake Bay, estuaries, and tribu2 taries. 

3 ‘‘(e) SCHEDULE.—The Under Secretary shall— 

4 ‘‘(1) begin developing the regional research and 

5 action plans for at least a third of the regions not 

6 later than 9 months after the date of the enactment 

7 of the Harmful Algal Blooms and Hypoxia Research 

8 and Control Amendments Act of 2011; 

9 ‘‘(2) begin developing the regional research and 

10 action plans for at least another third of the regions 

11 not later than 21 months after the date of the enact12 ment of the Harmful Algal Blooms and Hypoxia Re13 search and Control Amendments Act of 2011; 

14 ‘‘(3) begin developing the regional research and 

15 action plans for the remaining regions not later than 

16 33 months after the date of the enactment of the 

17 Harmful Algal Blooms and Hypoxia Research and 

18 Control Amendments Act of 2011; and 

19 ‘‘(4) ensure that each regional research and ac20 tion plan developed under this section is— 

21 ‘‘(A) completed and approved by the Task 

22 Force not later than 12 months after the date 

23 that development of the regional research and 

24 action plan begins; and 


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1 ‘‘(B) updated not less than once every 5 

2 years after the completion of the regional re3 search and action plan. 

4 ‘‘(f) FUNDING.— 

5 ‘‘(1) IN GENERAL.—Subject to available appro6 priations, the Under Secretary shall make funding 

7 available to eligible organizations to implement the 

8 research, monitoring, forecasting, modeling, and re9 sponse actions included under each approved re10 gional research and action plan. The Program shall 

11 select recipients through a merit-based, competitive 

12 process and seek to fund research proposals that 

13 most effectively align with the research priorities 

14 identified in the relevant regional research and ac15 tion plan. 

16 ‘‘(2) APPLICATION; ASSURANCES.—An organi17 zation seeking funding under this subsection shall 

18 submit an application to the Program at such time, 

19 in such form and manner, and containing such in20 formation and assurances as the Program may re21 quire. The Program shall require each eligible orga22 nization receiving funds under this subsection to uti23 lize the mechanisms under subsection (b)(2)(E) to 

24 ensure the transfer of data and products developed 

25 under the regional research and action plan. 


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1 ‘‘(3) ELIGIBLE ORGANIZATION.—In this sub2 section, the term ‘eligible organization’ means— 

3 ‘‘(A) an institution of higher education, 

4 other non-profit organization, State, tribal, or 

5 local government, commercial organization, or 

6 Federal agency that meets the requirements of 

7 this section and such other requirements as 

8 may be established by the Under Secretary; and 

9 ‘‘(B) with respect to nongovernmental or10 ganizations, an organization that is subject to 

11 regulations promulgated or guidelines issued to 

12 carry out this section, including United States 

13 audit requirements that are applicable to non14 governmental organizations.’’. 

15 SEC. 8. REPORTING. 

16 Section 603 is amended by adding at the end the fol17 lowing: 

18 ‘‘(j) REPORT.—Not later than 2 years after the sub19 mission of the action strategy under section 603A, the 

20 Under Secretary shall submit a report to the appropriate 

21 congressional committees that describes— 

22 ‘‘(1) the proceedings of the annual Task Force 

23 meetings; 


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1 ‘‘(2) the activities carried out under the Pro2 gram and the regional research and action plans, 

3 and the budget related to the activities; 

4 ‘‘(3) the progress made on implementing the ac5 tion strategy; and 

6 ‘‘(4) any need to revise or terminate activities 

7 or projects under the Program. 

8 ‘‘(k) PROGRAM REPORT.—Not later than 5 years 

9 after the date of enactment of the Harmful Algal Blooms 

10 and Hypoxia Research and Control Amendments Act of 

11 2011, the Task Force shall submit a report on harmful 

12 algal blooms and hypoxia in marine and freshwater sys13 tems to Congress that— 

14 ‘‘(1) evaluates the state of scientific knowledge 

15 of harmful algal blooms and hypoxia in marine and 

16 freshwater systems, including their causes and eco17 logical consequences; 

18 ‘‘(2) evaluates the social and economic impacts 

19 of harmful algal blooms and hypoxia, including their 

20 impacts on coastal communities, and reviews those 

21 communities’ efforts and associated economic costs 

22 related to event forecasting, planning, mitigation, re23 sponse, public outreach, and education; 


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1 ‘‘(3) examines and evaluates the human health 

2 impacts of harmful algal blooms and hypoxia, includ3 ing any gaps in existing research; 

4 ‘‘(4) describes advances in capabilities for moni5 toring, forecasting, modeling, control, mitigation, 

6 and prevention of harmful algal blooms and hypoxia, 

7 including techniques for integrating landscape- and 

8 watershed-level water quality information into ma9 rine and freshwater harmful algal bloom and hy10 poxia prevention and mitigation strategies at Fed11 eral and regional levels; 

12 ‘‘(5) evaluates progress made by, and the needs 

13 of, Federal, regional, State, tribal, and local policies 

14 and strategies for forecasting, planning, mitigating, 

15 preventing, and responding to harmful algal blooms 

16 and hypoxia, including the economic costs and bene17 fits of the policies and strategies; 

18 ‘‘(6) includes recommendations for integrating, 

19 improving, and funding future Federal, regional, 

20 State, tribal, and local policies and strategies for 

21 preventing and mitigating the occurrence and im22 pacts of harmful algal blooms and hypoxia; 

23 ‘‘(7) describes communication, outreach, and 

24 education efforts to raise public awareness of harmVerDate Mar 15 2010 00:09 Oct 14, 2011 Jkt 099200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S1701.IS S1701

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1 ful algal blooms and hypoxia, their impacts, and the 

2 methods for mitigation and prevention; 

3 ‘‘(8) describes extramural research activities 

4 carried out under section 605(b); and 

5 ‘‘(9) specifies how resources were allocated be6 tween intramural and extramural research and man7 agement activities, including a justification for each 

8 allocation.’’. 

9 SEC. 9. NORTHERN GULF OF MEXICO HYPOXIA. 

10 Section 604 is amended to read as follows: 

11 ‘‘SEC. 604. NORTHERN GULF OF MEXICO HYPOXIA. 

12 ‘‘(a) TASK FORCE INITIAL PROGRESS REPORTS.— 

13 Beginning not later than 12 months after the date of en14 actment of the Harmful Algal Blooms and Hypoxia Re15 search and Control Amendments Act of 2011, and every 

16 2 years thereafter, the Administrator, through the Mis17 sissippi River/Gulf of Mexico Watershed Nutrient Task 

18 Force, shall submit a progress report to the appropriate 

19 congressional committees and the President that describes 

20 the progress made by Task Force-directed activities car21 ried out or funded by the Environmental Protection Agen22 cy and other State and Federal partners toward attain23 ment of the goals of the Gulf Hypoxia Action Plan 2008. 

24 ‘‘(b) CONTENTS.—Each report required under this 

25 section shall— 


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1 ‘‘(1) assess the progress made toward nutrient 

2 load reductions, the response of the hypoxic zone 

3 and water quality throughout the Mississippi/ 

4 Atchafalaya River Basin, and the economic and so5 cial effects; 

6 ‘‘(2) evaluate lessons learned; and 

7 ‘‘(3) recommend appropriate actions to continue 

8 to implement or, if necessary, revise the strategy set 

9 forth in the Gulf Hypoxia Action Plan 2008.’’. 

10 SEC. 10. INTERAGENCY FINANCING. 

11 The Act, as amended by section 9 of this Act, is fur12 ther amended by inserting after section 604 the following: 

13 ‘‘SEC. 604A. INTERAGENCY FINANCING. 

14 ‘‘The departments and agencies represented on the 

15 Task Force may participate in interagency financing and 

16 share, transfer, receive, obligate, and expend funds appro17 priated to any member of the Task Force for the purposes 

18 of carrying out any administrative or programmatic 

19 project or activity under this title, including support for 

20 the Program, a common infrastructure, information shar21 ing, and system integration for harmful algal bloom and 

22 hypoxia research, monitoring, forecasting, prevention, and 

23 control. Funds may be transferred among such depart24 ments and agencies through an appropriate instrument 

25 that specifies the goods, services, or space being acquired 


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1 from another Task Force member and the costs of the 

2 goods, services, and space. The amount of funds 

3 transferrable under this section for any fiscal year may 

4 not exceed 5 percent of the account from which such 

5 transfer was made.’’. 

6 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

7 Section 605 is amended to read as follows: 

8 ‘‘§ 605. Authorization of appropriations 

9 ‘‘(a) IN GENERAL.—There are authorized to be ap10 propriated, for each of the fiscal years 2011 through 2015 

11 to the Under Secretary to carry out sections 603A and 

12 603B, $30,000,000, of which— 

13 ‘‘(1) $2,000,000 may be used for the develop14 ment of regional research and action plans and the 

15 reports required under section 603B; 

16 ‘‘(2) $3,000,000 may be used for the research 

17 and assessment activities related to marine and 

18 freshwater harmful algal blooms at the National 

19 Oceanic and Atmospheric Administration research 

20 laboratories; 

21 ‘‘(3) $7,000,000 may be used to carry out the 

22 Ecology and Oceanography of Harmful Algal 

23 Blooms Program (ECOHAB); 


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1 ‘‘(4) $4,500,000 may be used to carry out the 

2 Monitoring and Event Response for Harmful Algal 

3 Blooms Program (MERHAB); 

4 ‘‘(5) $1,500,000 may be used to carry out the 

5 Northern Gulf of Mexico Ecosystems and Hypoxia 

6 Assessment Program (NGOMEX); 

7 ‘‘(6) $4,000,000 may be used to carry out the 

8 Coastal Hypoxia Research Program (CHRP); 

9 ‘‘(7) $4,000,000 may be used to carry out the 

10 Prevention, Control, and Mitigation of Harmful 

11 Algal Blooms Program (PCM); 

12 ‘‘(8) $1,000,000 may be used to carry out the 

13 Event Response Program; and 

14 ‘‘(9) $3,000,000 may be used to carry out the 

15 Infrastructure Program. 

16 ‘‘(b) EXTRAMURAL RESEARCH ACTIVITIES.—The 

17 Under Secretary shall ensure that a substantial portion 

18 of funds appropriated pursuant to subsection (a) that are 

19 used for research purposes are allocated to extramural re20 search activities.’’. 

21 SEC. 12. DEFINITIONS; CONFORMING AMENDMENT. 

22 (a) IN GENERAL.—The Act is amended by inserting 

23 after section 605 the following: 

24 ‘‘§ 605A. Definitions 

25 ‘‘In this title: 


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1 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis2 trator’ means the Administrator of the National 

3 Oceanic and Atmospheric Administration. 

4 ‘‘(2) HARMFUL ALGAL BLOOM.—The term 

5 ‘harmful algal bloom’ means marine and freshwater 

6 phytoplankton that proliferate to high concentra7 tions, resulting in nuisance conditions or harmful 

8 impacts on marine and aquatic ecosystems, coastal 

9 communities, and human health through the produc10 tion of toxic compounds or other biological, chemical, 

11 and physical impacts of the algae outbreak. 

12 ‘‘(3) HYPOXIA.—The term ‘hypoxia’ means a 

13 condition where low dissolved oxygen in aquatic sys14 tems causes stress or death to resident organisms. 

15 ‘‘(4) PROGRAM.—The term ‘Program’ means 

16 the National Harmful Algal Bloom and Hypoxia 

17 Program established under section 603A. 

18 ‘‘(5) REGIONAL RESEARCH AND ACTION

19 PLAN.—The term ‘regional research and action plan’ 

20 means a plan established under section 603B. 

21 ‘‘(6) STATE.—The term ‘State’ means each of 

22 the several States of the United States, the District 

23 of Columbia, the Commonwealth of Puerto Rico, the 

24 Virgin Islands, Guam, American Samoa, the Com25 monwealth of the Northern Mariana Islands, any 


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1 other territory or possession of the United States, 

2 and any Indian tribe. 

3 ‘‘(7) TASK FORCE.—The term ‘Task Force’ 

4 means the Inter-Agency Task Force established by 

5 section 603(a). 

6 ‘‘(8) UNDER SECRETARY.—The term ‘Under 

7 Secretary’ means the Under Secretary of Commerce 

8 for Oceans and Atmosphere. 

9 ‘‘(9) UNITED STATES COASTAL WATERS.—The 

10 term ‘United States coastal waters’ includes the 

11 Great Lakes.’’. 

12 (b) CONFORMING AMENDMENT.—Section 603(a) is 

13 amended by striking ‘‘(hereinafter referred to as the ‘Task 

14 Force’)’’. 

15 SEC. 13. APPLICATION WITH OTHER LAWS. 

16 The Act is amended by adding after section 606 the 

17 following: 

18 ‘‘SEC. 607. EFFECT ON OTHER FEDERAL AUTHORITY. 

19 ‘‘Nothing in this title supersedes or limits the author20 ity of any agency to carry out its responsibilities and mis21 sions under other laws.’’. 

Æ 


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