U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

89–010 

" ! SENATE 

111TH CONGRESS

2d Session 

REPORT

2010

111–125 

Calendar No. 271 

THE HARMFUL ALGAL BLOOMS AND HYPOXIA RESEARCH AND CONTROL AMENDMENTS ACT OF 2009 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 952 

FEBRUARY 4, 2010.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED ELEVENTH CONGRESS

SECOND SESSION

JOHN D. ROCKEFELLER IV, West Virginia, Chairman 

DANIEL K. INOUYE, Hawaii 

JOHN F. KERRY, Massachusetts 

BYRON L. DORGAN, North Dakota 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

TOM UDALL, Colorado 

MARK WARNER, Virginia 

MARK BEGICH, Alaska 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

JOHN ENSIGN, Nevada 

JIM DeMINT, South Carolina 

JOHN THUNE, South Dakota 

ROGER F. WICKER, Mississippi 

GEORGE S. LeMIEUX, Florida 

JOHNNY ISAKSON, Georgia 

DAVID VITTER, Louisiana 

SAM BROWNBACK, Kansas 

MIKE JOHANNS, Nebraska 

ELLEN DONESKI, Chief of Staff 

JAMES REID, Deputy Chief of Staff 

BRUCE ANDREWS, General Counsel 

ANN BEGEMAN, Acting Republican Staff Director 

BRIAN HENDRICKS, Republican General Counsel 

TODD BERTOSON, Republican Senior Counsel 


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Calendar No. 271 

111TH CONGRESS REPORT " ! SENATE 2d Session 111–125 

THE HARMFUL ALGAL BLOOMS AND HYPOXIA RESEARCH 

AND CONTROL AMENDMENTS ACT OF 2009 

FEBRUARY 4, 2010.—Ordered to be printed 

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

Transportation, submitted the following 

R E P O R T 

[To accompany S. 952] 

The Committee on Commerce, Science, and Transportation, to which was referred the bill (S. 952) to develop and promote a comprehensive plan for a national strategy to address harmful algal 

blooms and hypoxia through baseline research, forecasting and 

monitoring, and mitigation and control while helping communities 

detect, control, and mitigate coastal and Great Lakes harmful algal 

blooms and hypoxia events, 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. 

PURPOSE OF THE BILL

The purpose of S. 952, the Harmful Algal Blooms and Hypoxia 

Research and Control Amendments Act of 2009, is to reauthorize 

and amend the Harmful Algal Bloom and Hypoxia Research and 

Control Act of 1998. This bill would authorize and enhance the continuing work of the Inter-Agency Task Force on Harmful Algal 

Blooms and Hypoxia. It would integrate and improve coordination 

among the individual harmful algal bloom (HAB) programs within 

the National Oceanic and Atmospheric Administration (NOAA). It 

would facilitate the identification and consideration of regional, 

State, and local needs in prioritizing research and developing products and tools to aid decision-making. It would also promote the 

transition of research products into implementable actions to predict, prevent, monitor, and mitigate HAB and hypoxia events, 

thereby minimizing the economic, ecologic, and human health impacts caused by such events. 


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BACKGROUND AND NEEDS

An algal bloom occurs when a single algal species multiplies 

until it dominates the microscopic plant (phytoplankton) community. A HAB occurs when algae produce toxic or harmful effects on 

people, fish, shellfish, marine mammals and birds. HABs are increasingly impacting marine and freshwaters of the United States 

as well as other countries. The impacts include: human illness and 

mortality due to direct or indirect exposure to toxins; economic 

hardship for coastal communities dependent on seafood and tourism; fish, bird, and marine mammal deaths; and ecological damage. 

HABs are pervasive, affecting multiple regions, resources, and sectors of the economy. Thirty years ago, HAB problems were sporadic 

and scattered throughout the country; today, virtually every state 

is threatened by harmful or toxic algal blooms. According to a recent NOAA report, the United States seafood and tourism industries suffer annual losses of $82 million due to economic impacts 

of harmful algal blooms. 

A number of factors contribute to the increasing occurrence of 

HABs. Marine transportation may contribute to the global HAB expansion by transporting species in ballast water. Global climate 

change, increased nonpoint source nutrient runoff from urban and 

agricultural activities, and increases in aquaculture activities also 

may contribute to HAB expansion. Increased nutrient loads to 

coastal waters may stimulate the growth of algae populations, 

which can initiate a HAB event. Some scientists argue that the nutrients channeled to coastal waters by human activities are delivered in proportions that differ from naturally occurring ratios, creating conditions that favor the rapid growth and high concentration 

of harmful algal populations. Other new bloom events may reflect 

indigenous algae populations that were discovered because of better detection methods. More research is necessary to determine 

what controls the development of HABs. 

Hypoxia refers to a depressed concentration of dissolved oxygen 

in water. Most forms of aquatic life require a certain level of dissolved oxygen for survival, and when deficiencies arise, hypoxia, or 

‘‘dead zones,’’ can occur in the water column. Hypoxia events are 

natural phenomena, but they can be intensified and made more frequent and expansive by some human activities such as eutrophic 

conditions caused by increased nutrient loading. Hypoxic areas are 

more widespread during the summer, when they may drive out or 

kill marine animal life, and usually dissipate by winter. Over half 

of U.S. estuaries experience natural or human-induced hypoxic conditions at some time each year and the frequency and duration of 

hypoxic events have increased exponentially over the last few decades. Hypoxia is now a persistent problem in the Gulf of Mexico, 

Puget Sound, Chesapeake Bay, Lake Erie, Narragansett Bay, and 

many other fresh water bodies and marine areas of recreational 

and commercial importance. The largest domestic hypoxic area is 

in the northern Gulf of Mexico near the mouth of the Mississippi 

River. Wherever it appears, hypoxia significantly impairs fisheries 

production and ecosystem function. 

Hypoxic areas frequently occur in coastal waters where rivers 

enter the ocean. Fresh water is less dense than saltwater and typically flows across the top of the sea water. The fresh surface water 


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effectively ‘‘caps’’ the more dense, saline bottom waters. This retards mixing, which creates a two-layer system and promotes hypoxia development in the lower, more saline waters. Hypoxic conditions can be exacerbated by high concentrations of nutrients delivered to the ocean in river water. These nutrients promote primary 

productivity that, in addition to causing HAB outbreaks, contributes to hypoxia by consuming oxygen in the surface water. Hypoxia 

is more likely to occur in estuaries with high nutrient loading and 

low flushing. Hypoxia research is necessary to help provide tools for coastal re- source managers to use to assess alternative management strategies for preventing or mitigating the impacts of hypoxia on coastal 

ecosystems. Understanding the causes of hypoxia, developing the 

capability to predict its occurrence in response to varying levels of 

anthropogenic stress, and evaluating the subsequent ecological, 

economic, and social impacts are necessary to assess management 

alternatives. 

The Harmful Algal Bloom and Hypoxia Research and Control Act (HABHRCA) was signed into law on November 13, 1998. This Act 

recognized that many of our nation’s coastal areas suffer from 

harmful algal blooms and hypoxia each year, threatening coastal 

ecosystems and fisheries and endangering human health. To respond to these concerns, the Act established an Inter-Agency Task 

Force on Harmful Algal Blooms and Hypoxia and mandated the 

formulation of the following three national assessments: a National 

Assessment on Harmful Algal Blooms; a National Assessment on 

Hypoxia; and an Assessment and a Plan for Hypoxia in the Gulf 

of Mexico. These assessments—and the continuing occurrence of 

HAB and hypoxia events—demonstrate the need for ongoing work 

in predicting, monitoring, and mitigating these potentially dangerous events. HABHRCA was reauthorized with passage of the Harmful Algal Bloom and Hypoxia Amendments Act of 2004 (2004 Act), which 

was signed into law on December 10, 2004. The 2004 Act enhanced 

the reporting requirements of the previous legislation, mandating 

an evaluation of efforts to protect the public from adverse impacts 

of HABs, as well as regional scientific assessments of the impacts 

of HABs and hypoxia, including a separate report on freshwater 

HABs. The 2004 Act further called for Scientific Assessments of 

both HABs and hypoxia to establish priorities for determining the 

causes, consequences, and costs of these phenomena and assessing 

the progress being made under the existing programs. The 2004 

Act also authorized appropriations for fiscal years 2005-2008. 

SUMMARY OF PROVISIONS

S. 952 would reauthorize and amend HABHRCA, with the overarching goal of building upon the Nation’s efforts to research and 

monitor HABs and hypoxia and taking steps to develop and carry 

out actions to predict more accurately, to mitigate, and to control 

outbreaks. It also would encourage greater collaboration among 

Federal agencies with a role in HAB and hypoxia research by establishing an interagency National Harmful Algal Bloom and Hypoxia Program (Program), overseen by the existing Task Force and 

with NOAA as its lead agency. The Program would promote a unified national strategy to understand, predict, mitigate, and control 


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HABs and hypoxia. As the lead agency within the Program, NOAA 

would maintain and enhance its existing programs, and establish 

a Mitigation and Control of Harmful Algal Blooms Program. S. 952 would take additional steps to encourage regional efforts to deal with HABs and hypoxia. It would require the Regional Research and Action Plans to be developed by the Program in conjunction with regional panels of experts. Each Regional Research 

and Action Plan (RRAP) would address the specific needs of regions 

within the United States, including identification of regional priorities for research, technology, and recommended actions. S. 952 would update reporting requirements first established in the 2004 Act, and establish a pilot program for freshwater HABs 

to enhance our Nation’s research on this emerging source of HAB 

activity. Finally, S. 952 would update funding authorization levels for fis- cal years 2010–2104, including setting aside specific funds for development of the RRAPs and the freshwater HABs pilot program. 

LEGISLATIVE HISTORY

S. 952 was introduced by Senator Snowe on May 1, 2009, with Senators Nelson, Cantwell, Levin, Vitter, Cardin, Landrieu, and 

Boxer as original cosponsors. Senators Kerry, Collins, Begich, 

Burris, Whitehouse, and Mikulski subsequently signed on as cosponsors. The bill was referred to the Senate Committee on Commerce, Science, and Transportation. On August 5, 2009, the Committee considered a manager’s amendment to this bill in an open 

executive session. The Committee, without objection, ordered S. 

952 be reported favorably as amended. 

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: 

SEPTEMBER 2, 2009. 

Hon. JOHN D. ROCKEFELLER IV, 

Chairman, Committee on Commerce, Science, and Transportation, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: 

The Congressional Budget Office has prepared the enclosed cost estimate for S. 952, the Harmful Algal Blooms and Hypoxia Research and Control Amendments Act of 2009. 

If you wish further details on this estimate, we will be pleased to provide them. The CBO staff contact is Jeff LaFave. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

S. 952—Harmful Algal Blooms and Hypoxia Research and Control 

Amendments Act of 2009 

Summary: S. 952 would amend current law to attempt to reduce 

the effects of harmful algal blooms and hypoxia (reduced oxygen 

level) in certain bodies of water. The bill would authorize the apVerDate Nov 24 2008 05:16 Feb 05, 2010 Jkt 089010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\SR125.XXX SR125

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propriation of $40 million a year over the 2010–2014 period for a 

National Oceanic and Atmospheric Administration (NOAA) program to mitigate the effects of harmful algal blooms and hypoxia. 

Assuming appropriation of the necessary and authorized amounts, 

CBO estimates that implementing the legislation would cost $171 

million over the 2010–2014 period and $24 million after 2014. 

S. 952 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. 952 is shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment). 

By fiscal year in millions of dollars— 

2009 2010 2011 2012 2013 2014 2009– 

2014

SPENDING SUBJECT TO APPROPRIATION 

Spending Under Current Law: a

Budget Authority/Authorization Level ........................... 12 30 0 0 0 0 42 

Estimated Outlays ........................................................ 12 20 6 4 0 0 42 

Proposed Changes: 

Mitigation Program: 

Authorization Level .............................................. 0 10 40 40 40 40 170 

Estimated Outlays ............................................... 0 7 28 35 39 40 149 

Pilot Programs: 

Estimated Authorization Level ............................. 0 5 5 5 5 5 25 

Estimated Outlays ............................................... 0 3 4 5 5 5 22 

Subtotal: 

Estimated Authorization Level .................... 0 15 45 45 45 45 195 

Estimated Outlays ...................................... 0 10 32 40 44 45 171 

Spending Under S. 952: 

Budget Authority/Estimated Authorization Level .......... 12 45 45 45 45 45 237 

Estimated Outlays ........................................................ 12 30 38 44 44 45 213 

a The 2009 level is the amount appropriated for that year; $30 million is authorized to be appropriated in 2010 for this program under current law. 

Basis of estimate: For this estimate, CBO assumes that S. 952 

will be enacted near the end of fiscal year 2009 and that the authorized and necessary amounts will be appropriated each year. Estimated outlays are based on historical spending patterns for similar NOAA programs. 

S. 952 would authorize the appropriation of $40 million a year 

over the 2010–2014 period for a NOAA program to mitigate the effects of harmful algal blooms and hypoxia in coastal waters and the 

Great Lakes. (In 2010, $30 million is authorized to be appropriated 

for this program under current law.) The bill would direct NOAA 

to enhance several existing grant programs and establish at least 

two new programs related to algal blooms and hypoxia. The bill 

also would require NOAA to oversee and coordinate regional efforts 

to address related problems. Finally, the bill would require NOAA 

to submit biennial and five-year reports to Congress describing the 

activities of the program. 

Additionally, S. 952 would direct an interagency task force to establish a pilot program to research the occurrence of harmful algal 

blooms and hypoxia in freshwater systems. Based on information 

from NOAA, CBO estimates that implementing the pilot program 


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would cost $22 million over the 2010–2014 period and $3 million 

after 2014. 

Assuming appropriation of the necessary and authorized 

amounts, CBO estimates that implementing S. 952 would cost $171 

million over the 2010–2014 period and $24 million after 2014. 

Intergovernmental and private-sector impact: S. 952 contains no 

intergovernmental or private-sector mandates as defined in UMRA 

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

Estimate prepared by: Federal Costs: Jeff LaFave; Impact on 

State, Local, and Tribal Governments: Ryan Miller; Impact on the 

Private Sector: Amy Petz. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

REGULATORY IMPACT STATEMENT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

The reported bill would require the enhancement of programs intended to detect, mitigate, and control HABs and hypoxia. It does 

not authorize any new regulations and therefore will not subject 

any individuals or businesses to new regulations. 

ECONOMIC IMPACT

Section 8 of the reported bill authorizes $40 million for each of 

fiscal years 2010 through 2014 to NOAA to implement the National 

Harmful Algal Bloom and Hypoxia Program, of which up to 

$10,000,000 per year would be allocated to the creation of RRAPs. 

Considering the potential cost savings and economic return on a 

program to enhance the Nation’s efforts to detect, mitigate, and 

control HABs and hypoxia, these funding levels are not expected to 

have a significant impact on the Nation’s economy. 

PRIVACY

The reported bill would not have any adverse impact on the personal privacy of individuals. 

PAPERWORK

S. 952 would not impose any new paperwork requirements on 

private citizens, businesses, or other entities that do not choose to 

participate in a regional coastal and ocean observation association; 

representatives of entities choosing to participate in these associations may be subject to some additional paperwork requirements. 

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. 


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SECTION-BY-SECTION ANALYSIS

Section 1. Short Title and Table of Contents 

Section 1 would title the bill the Harmful Algal Blooms and Hypoxia Research and Control Amendments Act of 2009. This section 

would also contain the Table of Contents. 

Section 2. Amendment of Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 

Section 2 would state that any reference in this title to an 

amendment or repeal would be to the Harmful Algal Bloom and 

Hypoxia Research and Control Act of 1998, unless otherwise specified. 

Section 3. Findings 

Section 3 would revise the bill’s findings to recognize the increasing frequency and intensity of HABs and hypoxia, and that excessive nutrients in coastal waters has contributed to this increase. It 

would also recognize NOAA’s role in HAB research and management, the adverse economic effects HABs and hypoxia have imposed on coastal states and communities, and that global climate 

change may exacerbate their occurrence. Finally, it would recognize 

that since the 1998 passage of HABHRCA, research has led to numerous technological advances providing essential decision-making 

tools for resource managers and stakeholders. 

Section 4. Purpose 

Section 4 would add a purpose section to the bill specifying that 

the purposes of this Act are to develop a comprehensive and integrated national program to address HABs and hypoxia; to provide 

for the assessment of environmental, socio-economic, and human 

health impacts of HABs and hypoxia on a regional and national 

scale; and to facilitate regional, State, and local efforts to develop 

and implement appropriate HAB and hypoxia response plans, 

strategies, and tools. 

Section 5. Interagency Task Force on Harmful Algal Blooms and 

Hypoxia 

Section 5 would elevate Task Force membership to consist of representatives of the offices of the Secretary or the head of the agency from each department or agency represented on the Task Force. 

This section would also amend HABHRCA’s existing report section 

by deleting requirements for reports that have already been issued. 

Section 6. National Harmful Algal Bloom and Hypoxia Program 

Section 6 would establish and maintain the Program. The Task 

Force would develop an action strategy for the Program and would 

also serve as its oversight body. It would coordinate all interagency 

responsibilities, including reviewing and assessing interagency 

work, spending plans, and required reports; reviewing distribution 

of Federal grants; supporting implementation of the RRAPs; and 

promoting development of new technologies. The Task Force would 

also be responsible for appointing a general advisory committee 

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ommendations to the Task Force and support its interagency functions. 

NOAA would be the lead Federal agency charged with administering the Program, and promoting its national strategy. S. 952 

would also stipulate specific responsibilities for the Program including: preparing interagency work and spending plans and coordinating interagency activities, including with the State Department on international efforts; administering merit-based, competitive grant funding; coordinating with State, local, tribal, and other 

entities to address HABs and hypoxia; coordinating outreach, education, and training programs; training of State and local resource 

managers; and supporting regional efforts to control and mitigate 

outbreaks. 

NOAA would also maintain and enhance its existing, internal 

programs (the Ecology and Oceanography of Harmful Algal Blooms 

Program, the Monitoring and Event Response for Harmful Algal 

Blooms Program, the Northern Gulf of Mexico Ecosystems and Hypoxia Assessment Program, the Coastal Hypoxia Research Program, and other relevant NOAA programs). It also would establish 

a Mitigation and Control of Harmful Algal Blooms Program and 

other programs as necessary; and work together with other relevant offices and organizations on managing data, products, and 

infrastructure. 

Section 7. Regional Research and Action Plans 

Section 7 would call for the development and implementation of 

RRAPs overseen by the Program. The Program would also identify 

appropriate regional boundaries. 

Section 7(b) specifies that the Program would convene a panel of 

experts for each region. The panel would include State coastal 

management and planning officials; water management and watershed officials from both coastal states and non coastal states with 

water resources that drain into water bodies affected by harmful 

algal blooms; public health officials; emergency management officials; nongovernmental organizations; science and technology development institutions; economists; affected industries and businesses; 

expert scientists from academic institutions; and other appropriate 

stakeholders. It also would specify that panels shall be convened in 

at least 1/3 of the regions within the first 9 months after enactment; in at least 2/3 of the regions within 21 months of enactment; 

and in the remaining regions within 33 months of enactment. Each 

panel would then reconvene at least every 5 years after the date 

it was initially convened. 

Section 7(c) would require each regional panel of experts to develop a Regional Research and Action Plan for its region. The 

RRAP would include baseline ecological, social, and economic research; regional priorities; research needed to develop and advance 

technologies; State and local government actions that may be implemented; mechanisms by which data and products are transferred between entities; communication, outreach, and information 

dissemination strategies; and appropriate pilot projects. 

Section 7(d) would establish timelines for the development of 

RRAPs, specifically that within 12 months of the convening of a regional panel, its RRAP must be completed and approved by the 


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Program. Each regional plan would have to be updated at least 

every 5 years. Under section 7(e), the Program would have to develop mechanisms to administer funding for RRAP development to eligible organizations through a merit-based, competitive process. This section also would define ‘‘eligible organizations’’. Section 7(f) would establish that if the need should arise (due to 

an emergent need or threat) to revise an RRAP prior to its scheduled review, the Program would notify the Task Force and convene 

the appropriate regional panel. 

Section 8. Reporting 

This section would update reporting requirements to reflect the 

completion of reports called for under existing law. The bill would 

require biennial reports to the Senate Committee on Commerce, 

Science, and Transportation and the House of Representatives 

Committees on Science and Technology and on Natural Resources 

describing activities, budgets, and progress of the program, the proceedings of the annual Task Force meeting, and the status, activities, and funding of the RRAPs. The bill would also require the 

Task Force to submit reports once every five years to the Senate 

Committee on Commerce, Science, and Transportation and the 

House of Representatives Committees on Science and Technology 

and on Natural Resources. These reports would evaluate the state 

of knowledge on HABs and hypoxia, their social and economic impacts and the strategies to deal with them; examine and evaluate 

their human health impacts; describe advances in capabilities for 

their monitoring, forecasting, modeling, control, mitigation, and 

prevention; evaluate progress made by, and the needs of, Federal, 

regional, State, and local policies and strategies, including the economic costs and benefits of such policies and strategies; make recommendations for integrating, improving, and funding future national, regional, State, and local policies and strategies; and describe communication, outreach, and education efforts intended to 

increase public awareness. 

Section 9. Northern Gulf of Mexico Hypoxia 

Section 9 would direct the Mississippi River/Gulf of Mexico Watershed Nutrient Task Force to complete annual progress reports 

for each of the years from 2009 through 2013. These annual reports 

will describe the progress made by the Task Force-directed activities toward attainment of the Coastal Goal of the Gulf Hypoxia Action Plan of 2008. This section would also require the Task Force 

to complete and submit to Congress and the President a Five Year 

Report on status of the Coastal Goal of the Gulf Hypoxia Action 

Plan of 2008. 

Section 10. Pilot Program for Freshwater Harmful Algal Blooms 

and Hypoxia 

Section 10 would direct the Task Force to establish a collaborative pilot program to examine harmful algal blooms and hypoxia 

in freshwater systems. The pilot program would assess the issues 

associated with harmful algal blooms and hypoxia; research the efficacy of mitigation measures; and recommend potential management solutions. The Task Force would also be directed to assess the 


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effectiveness of the pilot program and make the findings available 

to the public. 

Section 11. Interagency Financing 

Section 11 would allow agencies represented on the Task Force 

to participate in interagency financing to carry out programs under 

this bill. 

Section 12. Application with other Laws 

Section 12 would ensure that nothing in this title supersedes or 

limits the authority of any agency to carry out its responsibilities 

and missions under other laws. 

Section 13. Definitions 

Section 13 would define the terms: ‘‘Administrator’’; ‘‘Harmful 

Algal Bloom’’; ‘‘Hypoxia’’; ‘‘NOAA’’; ‘‘Program’’; ‘‘Regional Research 

and Action Plan’’; ‘‘Secretary’’; ‘‘Task Force’’; and ‘‘United States 

Coastal Waters’’. 

Section 14. Authorization of Appropriations 

Section 14 would authorize $40 million to NOAA for each of fiscal years 2010 through 2014, of which up to $10 million each year 

would be allocated for the RRAPs. Of these appropriations, the Secretary shall ensure a substantial portion shall be allocated to extramural research activities. Finally, this section would authorize 

NOAA to make available, out of funds appropriated to NOAA, such 

funds as necessary to carry out the pilot program established under 

section 603C. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman): 

HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND CONTROL

ACT OF 1998 

[16 U.S.C. 1451 note] 

TITLE VI—HARMFUL ALGAL BLOOMS AND HYPOXIA 

SECTION 601. SHORT TITLE. 

This title may be cited as the ‘‘Harmful Algal Bloom and Hypoxia 

Research and Control Act of 1998’’. 

¿SEC. 602. FINDINGS. 

¿The Congress finds that— 

¿(1) the recent outbreak of the harmful microbe Pfiesteria 

piscicida in the coastal waters of the United States is one example of potentially harmful algal blooms composed of naturally occurring species that reproduce explosively and that are 

increasing in frequency and intensity in the Nation’s coastal 

waters; 


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¿(2) other recent occurrences of harmful algal blooms include 

red tides in the Gulf of Mexico and the Southeast; brown tides 

in New York and Texas; ciguatera fish poisoning in Hawaii, 

Florida, Puerto Rico, and the United States Virgin Islands; and 

shellfish poisonings in the Gulf of Maine, the Pacific Northwest, and the Gulf of Alaska; 

¿(3) in certain cases, harmful algal blooms have resulted in 

fish kills, the deaths of numerous endangered West Indian 

manatees, beach and shellfish bed closures, threats to public 

health and safety, and concern among the public about the 

safety of seafood; 

¿(4) according to some scientists, the factors causing or contributing to harmful algal blooms may include excessive nutrients in coastal waters, other forms of pollution, the transfer of 

harmful species through ship ballast water, and ocean currents; 

¿(5) harmful algal blooms may have been responsible for an 

estimated $1,000,000,000 in economic losses during the past 

decade; 

¿(6) harmful algal blooms and blooms of non-toxic algal species may lead to other damaging marine conditions such as hypoxia (reduced oxygen concentrations), which are harmful or 

fatal to fish, shellfish, and benthic organisms; 

¿(7) according to the National Oceanic and Atmospheric Administration in the Department of Commerce, 53 percent of 

United States estuaries experience hypoxia for at least part of 

the year and a 7,000 square mile area in the Gulf of Mexico 

off Louisiana and Texas suffers from hypoxia; 

¿(8) according to some scientists, a factor believed to cause 

hypoxia is excessive nutrient loading into coastal waters; 

¿(9) there is a need to identify more workable and effective 

actions to reduce nutrient loadings to coastal waters; 

¿(10) the National Oceanic and Atmospheric Administration, 

through its ongoing research, education, grant, and coastal resource management programs, possesses a full range of capabilities necessary to support a near and long-term comprehensive effort to prevent, reduce, and control harmful algal blooms 

and hypoxia; 

¿(11) funding for the research and related programs of the 

National Oceanic and Atmospheric Administration will aid in 

improving the Nation’s understanding and capabilities for addressing the human and environmental costs associated with 

harmful algal blooms and hypoxia; and 

¿(12) other Federal agencies such as the Environmental Protection Agency, the Department of Agriculture, and the National Science Foundation, along with the States, Indian tribes, 

and local governments, conduct important work related to the 

prevention, reduction, and control of harmful algal blooms and 

hypoxia.

SEC. 602. FINDINGS. 

The Congress finds the following: 

(1) Harmful algal blooms and hypoxia are increasing in frequency and intensity in the Nation’s coastal waters and Great 

Lakes and pose a threat to the health of coastal and Great 


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Lakes ecosystems, are costly to coastal economies, and threaten 

the safety of seafood and human health. (2) Excessive nutrients in coastal waters have been linked to 

the increased intensity and frequency of hypoxia and some 

harmful algal blooms and there is a need to identify more workable and effective actions to reduce the negative impacts of 

harmful algal blooms and hypoxia on coastal waters. (3) NOAA, through its ongoing research, monitoring, observ- ing, education, grant, and coastal resource management programs and in collaboration with the other Federal agencies, on 

the Interagency Task Force, along with States, Indian tribes, 

and local governments, possesses capabilities necessary to support a near and long-term comprehensive effort to prevent, reduce, and control the human and environmental costs of harmful algal blooms and hypoxia. (4) Harmful algal blooms and hypoxia can be triggered and exacerbated by increases in nutrient loading from point and 

non-point sources, much of which originates in upland areas 

and is delivered to marine and freshwater bodies via river discharge, thereby requiring integrated and landscape-level research and control strategies. (5) Harmful algal blooms and hypoxia affect many sectors of the coastal economy, including tourism, public health, and recreational and commercial fisheries; and according to a recent 

report produced by NOAA, the United States seafood and tourism industries suffer annual losses of $82 million due to economic impacts of harmful algal blooms. (6) Global climate change and its effect on oceans and the Great Lakes may ultimately affect harmful algal bloom and 

hypoxic events. (7) Proliferations of harmful and nuisance algae can occur in all United States waters, including coastal areas and estuaries, 

the Great Lakes, and inland waterways, crossing political 

boundaries and necessitating regional coordination for research, monitoring, mitigation, response, and prevention efforts. (8) Following passage of the Harmful Algal Bloom and Hy- poxia Research and Control Act of 1998, federally funded and 

other research has led to several technological advances, including remote sensing, molecular and optical tools, satellite imagery, and coastal and ocean observing systems, that provide 

data for forecast models, improve the monitoring and prediction 

of these events, and provide essential decisionmaking tools for 

managers and stakeholders. 

SEC. 602A. PURPOSES. 

The purposes of this title are— 

(1) to provide for the development and coordination of a comprehensive and integrated national program to address harmful 

algal blooms and hypoxia through baseline research, monitoring, prevention, mitigation, and control; 

(2) to provide for the assessment of environmental, socio-economic, and human health impacts of harmful algal blooms and 

hypoxia on a regional and national scale, and to integrate that 

assessment into marine and freshwater resource decisions; and 

(3) to facilitate regional, State, tribal, and local efforts to develop and implement appropriate harmful algal bloom and hyVerDate Nov 24 2008 05:16 Feb 05, 2010 Jkt 089010 PO 00000 Frm 00014 Fmt 6659 Sfmt 6603 E:\HR\OC\SR125.XXX SR125

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poxia response plans, strategies, and tools including outreach 

programs and information dissemination mechanisms. 

SEC. 602B. REGIONAL RESEARCH AND ACTION PLANS. 

(a) IN GENERAL.—The Program shall— (1) oversee the development and implementation of Regional Research and Action Plans; and 

(2) identify appropriate regions and sub-regions to be ad- dressed by each Regional Research and Action Plan. (b) REGIONAL PANELS OF EXPERTS.— (1) IN GENERAL.—In accordance with the schedule set forth in 

paragraph (2), the Program shall convene a panel of experts for 

each region identified under subsection (a)(2) from among— (A) State coastal management and planning officials; 

(B) tribal resource management officials; 

(C) water management and watershed officials from both coastal states and noncoastal states with water sources that 

drain into water bodies affected by harmful algal blooms 

and hypoxia; (D) public health officials; 

(E) emergency management officials; 

(F) nongovernmental organizations concerned with ma- rine and aquatic issues; (G) science and technology development institutions; 

(H) economists; 

(I) industries and businesses affected by coastal and freshwater harmful algal blooms and hypoxia; (J) scientists, with expertise concerning harmful algal blooms or hypoxia, from academic or research institutions; 

and 

(K) other stakeholders as appropriate. (2) SCHEDULE.—The Program shall— (A) convene panels in at least 1⁄3 of the regions within 9 months after the date of enactment of the Harmful Algal 

Blooms and Hypoxia Research and Control Amendments 

Act of 2009; 

(B) convene panels in at least 2⁄3 of the regions within 21 months after such date; 

(C) convene panels in the remaining regions within 33 months after such date; and 

(D) reconvene each panel at least every 5 years after the date on which it was initially convened. 

(c) PLAN DEVELOPMENT.—Each regional panel of experts shall develop a Regional Research and Action Plan for its respective region 

and submit it to the Task Force for approval. The Plan shall identify appropriate elements for the region, including— 

(1) baseline ecological, social, and economic research needed 

to understand the biological, physical, and chemical conditions 

that cause, exacerbate, and result from harmful algal blooms 

and hypoxia; 

(2) regional priorities for ecological and socio-economic research on issues related to, and impacts of, harmful algal 

blooms and hypoxia; 

(3) research needed to develop and advance technologies for 

improving capabilities to predict, monitor, prevent, control, and 

mitigate harmful algal blooms and hypoxia; 


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(4) State, tribal, and local government actions that may be 

implemented— 

(A) to support long-term monitoring efforts and emergency monitoring as needed; (B) to minimize the occurrence of harmful algal blooms 

and hypoxia; (C) to reduce the duration and intensity of harmful algal 

blooms and hypoxia in times of emergency; (D) to address human health dimensions of harmful 

algal blooms and hypoxia; and (E) to identify and protect vulnerable ecosystems that 

could be, or have been, affected by harmful algal blooms 

and hypoxia; (5) mechanisms by which data and products are transferred 

between the Program and State and local governments and research entities; 

(6) communication, outreach and information dissemination 

efforts that State and local governments and nongovernmental 

organizations can undertake to educate and inform the public 

concerning harmful algal blooms and hypoxia and alternative 

coastal resource-utilization opportunities that are available; 

and 

(7) pilot projects, if appropriate, that may be implemented on 

local, State, and regional scales to address the research priorities and response actions identified in the Plan. 

(d) PLAN TIMELINES; UPDATES.—The Program shall ensure that 

Regional Research and Action Plans developed under this section 

are— 

(1) completed and approved by the Program within 12 

months after the date on which a regional panel is convened or 

reconvened under subsection (b)(2); and 

(2) updated no less frequently than once every 5 years. (e) FUNDING.— (1) IN GENERAL.—Subject to available appropriations, the 

Program shall make funding available to eligible organizations 

to implement the research, monitoring, forecasting, modeling, 

and response actions included under each approved Regional 

Research and Action Plan. The Program shall select recipients 

through a merit-based, competitive process and seek to fund research proposals that most effectively align with the research 

priorities identified in the relevant Regional Research and Action Plan. 

(2) APPLICATION; ASSURANCES.—Any organization seeking 

funding under this subsection shall submit an application to 

the Program at such time, in such form and manner, and containing such information and assurances as the Program may 

require. The Program shall require any organization receiving 

funds under this subsection to utilize the mechanisms described 

in subsection (c)(5) to ensure the transfer of data and products 

developed under the Plan. 

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

(A) an institution of higher education, other non-profit 

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ments of this section and such other requirements as are established by the Secretary; and (B) with respect to nongovernmental organizations, an or- ganization that is subject to regulations promulgated or 

guidelines issued to carry out this section, including United 

States audit requirements that are applicable to nongovernmental organizations. (f) INTERMEDIATE REVIEWS.—If the Program determines that an intermediate review is necessary to address emergent needs in 

harmful algal blooms and hypoxia under a Regional Research and 

Action Plan, it shall notify the Task Force and reconvene the relevant regional panel of experts for the purpose of revising the Regional Research and Action Plan so as to address the emergent 

threat or need.’’. 

SEC. 603. ASSESSMENTS. 

(a) ESTABLISHMENT OF INTER-AGENCY TASK FORCE.—The President, through the Committee on Environment and Natural Resources of the National Science and Technology Council, shall establish an Inter-Agency Task Force on Harmful Algal Blooms and 

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

¿The Task Force shall consist of the following representatives 

from— The Task Force shall consist of representatives of the Office 

of the Secretary from each of the following departments and of the 

office of the head of each of the following Federal agencies: (1) ¿the The Department of Commerce (who shall serve as 

Chairman of the Task ¿Force); Force. 

(2) ¿the The Environmental Protection ¿Agency; Agency. (3) ¿the The Department of ¿Agriculture; Agriculture. (4) ¿the The Department of the ¿Interior; Interior. 

(5) ¿the The Department of the ¿Navy; Navy. (6) ¿the The Department of Health and Human ¿Services;

Services. 

(7) ¿the The National Science ¿Foundation; Foundation. 

(8) ¿the The National Aeronautics and Space ¿Administration; Administration. 

(9) ¿the The Food and Drug ¿Administration; Administration. 

(10) ¿the The Office of Science and Technology ¿Policy; Policy. (11) ¿the The Council on Environmental ¿Quality; and Quality. 

(12) The Centers for Disease Control. 

¿(12) such other (13) 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. 


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(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; (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 


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(C) include incentive-based partnership approaches regarding subparagraphs (A) and (B) where practicable. (3) PUBLICATION AND OPPORTUNITY FOR COMMENT.—At least 

90 days before submitting the report to the Congress, the 

President shall cause a summary of the proposed plan to be 

published in the Federal Register for a public comment period 

of not less than 60 days. (4) FEDERAL ASSISTANCE.—The Secretary of Commerce, in coordination with the Task Force and to the extent of funds 

available, shall provide for Federal cooperation with and assistance to the coastal States, Indian tribes, and local governments regarding the measures described in paragraph (2), as 

requested. 

(e) LOCAL AND REGIONAL SCIENTIFIC ASSESSMENTS.— (1) IN GENERAL.—The Secretary of Commerce, in coordination with the Task Force and appropriate State, Indian tribe, 

and local governments, to the extent of funds available, shall 

provide for local and regional scientific assessments of hypoxia 

and harmful algal blooms, as requested by States, Indian 

tribes, and local governments, or for affected areas as identified by the Secretary. If the Secretary receives multiple requests, the Secretary shall ensure, to the extent practicable, 

that assessments under this subsection cover geographically 

and ecologically diverse locations with significant ecological 

and economic impacts from hypoxia or harmful algal blooms. 

The Secretary shall establish a procedure for reviewing requests for local and regional assessments. The Secretary shall 

ensure, through consultation with Sea Grant Programs, that 

the findings of the assessments are communicated to the appropriate State, Indian tribe, and local governments, and to 

the general public. (2) PURPOSE.—Local and regional assessments shall examine— 

(A) the causes and ecological consequences, and the economic cost, of hypoxia or harmful algal blooms in that 

area; 

(B) potential methods to prevent, control, and mitigate 

hypoxia or harmful algal blooms in that area and the potential ecological and economic costs and benefits of such 

methods; and 

(C) other topics the Task Force considers appropriate. 

(f) SCIENTIFIC ASSESSMENT OF FRESHWATER HARMFUL ALGAL

BLOOMS.— 

(1) Not later than 24 months after the date of enactment of 

the Harmful Algal Bloom and Hypoxia Amendments Act of 

2004 the Task Force shall complete and submit to Congress a 

scientific assessment of current knowledge about harmful algal 

blooms in freshwater, such as the Great Lakes and upper 

reaches of estuaries, including a research plan for coordinating 

Federal efforts to better understand freshwater harmful algal 

blooms. 

(2) The freshwater harmful algal bloom scientific assessment 

shall— 

(A) examine the causes and ecological consequences, and 

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cant effects on freshwater, including estimations of the frequency and occurrence of significant events; (B) establish priorities and guidelines for a competitive, 

peer-reviewed, merit-based interagency research program, 

as part of the Ecology and Oceanography of Harmful Algal 

Blooms (ECOHAB) project, to better understand the 

causes, characteristics, and impacts of harmful algal 

blooms in freshwater locations; and 

(C) identify ways to improve coordination and to prevent 

unnecessary duplication of effort among Federal agencies 

and departments with respect to research on harmful algal 

blooms in freshwater locations. 

(g) SCIENTIFIC ASSESSMENTS OF HYPOXIA.— (1) Not less than once every 5 years the Task Force shall 

complete and submit to the Congress a scientific assessment of 

hypoxia in United States coastal waters including the Great 

Lakes. The first such assessment shall be completed not less 

than 24 months after the date of enactment of the Harmful 

Algal Bloom and Hypoxia Amendments Act of 2004. (2) The assessments under this subsection shall— 

(A) examine the causes and ecological consequences, and 

the economic costs, of hypoxia; (B) describe the potential ecological and economic costs 

and benefits of possible policy and management actions for 

preventing, controlling, and mitigating hypoxia; (C) evaluate progress made by, and the needs of, Federal 

research programs on the causes, characteristics, and impacts of hypoxia, including recommendations of how to 

eliminate significant gaps in hypoxia modeling and monitoring data; and (D) identify ways to improve coordination and to prevent 

unnecessary duplication of effort among Federal agencies 

and departments with respect to research on hypoxia. (h) SCIENTIFIC ASSESSMENTS OF HARMFUL ALGAL BLOOMS.— 

(1) Not less than once every 5 years the Task Force shall 

complete and submit to Congress a scientific assessment of 

harmful algal blooms in United States coastal waters. The first 

such assessment shall be completed not later than 24 months 

after the date of enactment of the Harmful Algal Bloom and 

Hypoxia Amendments Act of 2004 and shall consider only marine harmful algal blooms. All subsequent assessments shall 

examine both marine and freshwater harmful algal blooms, including those in the Great Lakes and upper reaches of estuaries. 

(2) The assessments under this subsection shall— 

(A) examine the causes and ecological consequences, and 

economic costs, of harmful algal blooms; 

(B) describe the potential ecological and economic costs 

and benefits of possible actions for preventing, controlling, 

and mitigating harmful algal blooms; 

(C) evaluate progress made by, and the needs of, Federal 

research programs on the causes, characteristics, and impacts of harmful algal blooms; and 

(D) identify ways to improve coordination and to prevent 

unnecessary duplication of effort among Federal agencies 


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and departments with respect to research on harmful algal 

blooms. 

(i) NATIONAL SCIENTIFIC RESEARCH, DEVELOPMENT, DEMONSTRA- TION, AND TECHNOLOGY TRANSFER PLAN ON REDUCING IMPACTS

FROM HARMFUL ALGAL BLOOMS.— (1) Not later than 12 months after the date of enactment of 

the Harmful Algal Bloom and Hypoxia Amendments Act of 

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

plan providing for a comprehensive and coordinated national 

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

algal blooms on coastal ecosystems (including the Great 

Lakes), public health, and the economy. (2) The plan shall— 

(A) establish priorities and guidelines for a competitive, 

peer reviewed, merit based interagency research, development, demonstration, and technology transfer program on 

methods for the prevention, control, and mitigation of 

harmful algal blooms; (B) identify ways to improve coordination and to prevent 

unnecessary duplication of effort among Federal agencies 

and departments with respect to the actions described in 

paragraph (1); and (C) include to the maximum extent practicable diverse 

institutions, including Historically Black Colleges and Universities and those serving large proportions of Hispanics, 

Native Americans, Asian Pacific Americans, and other 

underrepresented populations. 

(3) The Secretary of Commerce, in conjunction with other appropriate Federal agencies, shall establish a research, development, demonstration, and technology transfer program that 

meets the priorities and guidelines established under paragraph (2)(A). The Secretary shall ensure, through consultation 

with Sea Grant Programs, that the results and findings of the 

program are communicated to State, Indian tribe, and local 

governments, and to the general public. 

(j) BIENNIAL REPORTS.—Every 2 years the Program shall prepare 

a report for the Senate Committee on Commerce, Science, and 

Transportation and the House of Representatives Committees on 

Science and Technology and on Natural Resources that describe— (1) activities, budgets, and progress on implementing the national harmful algal bloom and hypoxia program; (2) the proceedings of the annual Task Force meetings; and 

(3) the status, activities, and funding for implementation of 

the Regional Research and Action Plans, including a description of research funded under the program and actions and outcomes of Plan response strategies carried out by States. (k) QUINQUENNIAL REPORTS.—Not less than once every 5 years 

after the date of enactment of the Harmful Algal Blooms and Hypoxia Research and Control Amendments Act of 2009, the Task 

Force shall complete and submit a report on harmful algal blooms 

and hypoxia in marine and freshwater systems to the Senate Committee on Commerce, Science, and Transportation and the House of 

Representatives Committees on Science and Technology and on Natural Resources. The report shall— 


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(1) evaluate the state of scientific knowledge of harmful algal blooms and hypoxia in marine and freshwater systems, including their causes and ecological consequences; (2) evaluate the social and economic impacts of harmful algal blooms and hypoxia, including their impacts on coastal communities, and review those communities’ efforts and associated economic costs related to event forecasting, planning, mitigation, 

response, and public outreach and education; (3) examine and evaluate the human health impacts of harmful algal blooms and hypoxia, including any gaps in existing research; 

(4) describe advances in capabilities for monitoring, fore- casting, modeling, control, mitigation, and prevention of harmful algal blooms and hypoxia, including techniques for, integrating landscape- and watershed-level water quality information into marine and freshwater harmful algal bloom and hypoxia prevention and mitigation strategies at Federal and regional levels; (5) evaluate progress made by, and the needs of, Federal, re- gional, State, tribal, and local policies and strategies for forecasting, planning, mitigating, preventing, and responding to 

harmful algal blooms and hypoxia, including the economic 

costs and benefits of such policies and strategies; 

(6) make recommendations for integrating, improving, and 

funding future Federal, regional, State, tribal, and local policies and strategies for preventing and mitigating the occurrence 

and impacts of harmful algal blooms and hypoxia; and 

(7) describe communication, outreach, and education efforts 

to raise public awareness of harmful algal blooms and hypoxia, 

their impacts, and the methods for mitigation and prevention. 

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

(a) ESTABLISHMENT.—The President, acting through the Committee on Natural Resources of the National Science and Technology 

Council, shall establish and maintain a national program for integrating efforts to address harmful algal bloom and hypoxia research, monitoring, prediction, control, mitigation, prevention, and 

outreach. 

(b) ACTION STRATEGY.— 

(1) IN GENERAL.—The Task Force shall develop a national 

harmful algal blooms and hypoxia action strategy that— 

(A) is consistent with the purposes of this title; 

(B) includes a statement of goals and objectives; and 

(C) includes an implementation plan. 

(2) CONSULTATION.—In developing the action strategy, the 

Task Force shall consult with the HABs and Hypoxia Advisory 

Group. 

(3) PUBLICATION.—Within 12 months after the date of enactment of the Harmful Algal Blooms and Hypoxia Research and 

Control Amendments Act of 2009, the Task Force shall— 

(A) submit the action strategy to the Senate Committee on 

Commerce, Science, and Transportation and the House of 

Representatives Committees on Science and Technology and 

on Natural Resources; and 

(B) publish the action strategy in the Federal Register. 


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(4) PERIODIC REVISION.—The Task Force shall periodically review and revise the strategy as necessary. (c) TASK FORCE FUNCTIONS.—The Task Force shall be the oversight body for the development and implementation of the national 

harmful algal bloom and hypoxia program and shall— (1) coordinate interagency review of plans and policies of the 

Program; (2) assess interagency work and spending plans for implementing the activities of the Program; (3) review the Program’s distribution of Federal grants and 

funding to address research priorities; (4) support implementation of the actions and strategies identified in the regional research and action plans under subsection (d); 

(5) support the development of institutional mechanisms and 

financial instruments to further the goals of the program; (6) expedite the interagency review process and ensure timely 

review and dispersal of required reports and assessments under 

this title; 

(7) promote the development of new technologies for predicting, monitoring, and mitigating harmful algal blooms and 

hypoxia conditions; and (8) establish such interagency working groups as it deems 

necessary. (d) ADVISORY COMMITTEE.— (1) IN GENERAL.—The Task Force shall appoint a general advisory committee— (A) consisting of not more than 20 individuals who shall 

be representative of the various groups and regions concerned with harmful algal blooms and hypoxia, including 

representatives of nongovernmental organizations, States, 

tribes, and educational institutions; and 

(B) providing, to the maximum extent practicable, an equitable balance among such groups and regions. 

(2) FUNCTION.—The general advisory committee shall provide 

recommendations to the Task Force on the development of the 

national action strategy, including goals and objectives and 

support for regional research and action plans. (3) FACA NOT TO APPLY.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the general advisory committee. 

(e) LEAD FEDERAL AGENCY.—NOAA shall be the lead Federal 

agency for administering the National Harmful Algal Bloom and 

Hypoxia Program. 

(f) PROGRAM RESPONSIBILITIES.—The Program shall— 

(1) promote a national strategy to help communities understand, detect, predict, control, and mitigate freshwater and marine harmful algal bloom and hypoxia events; 

(2) plan, coordinate, and implement the National Harmful 

Algal Bloom and Hypoxia Program; and (3) report to the Task Force via the Administrator. 

(g) PROGRAM DUTIES.—The Program shall— (1) prepare work and spending plans for implementing the 

activities of the Program and developing and implementing the 

Regional Research and Action Plans; 


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(2) administer merit-based, competitive grant funding to support the projects maintained and established by the Program, 

and to address the research and management needs and priorities identified in the Regional Research and Action Plans; 

(3) coordinate interagency programs that address harmful 

algal blooms and hypoxia and other ocean and Great Lakes 

science and management programs and centers that address the 

chemical, biological, and physical components of harmful algal 

blooms and hypoxia; 

(4) coordinate and work cooperatively with other Federal, 

State, tribal, and local government agencies and programs that 

address harmful algal blooms and hypoxia; 

(5) coordinate with the State Department to support international efforts on harmful algal bloom and hypoxia information sharing, research, mitigation, and control; 

(6) coordinate an outreach, education, and training program 

that integrates and augments existing programs to improve 

public education about and awareness of the causes, impacts, 

and mitigation efforts for harmful algal blooms and hypoxia; 

(7) facilitate and provide resources for training of State, tribal, and local coastal and water resource managers in the methods and technologies for monitoring, controlling, and mitigating 

harmful algal blooms and hypoxia; 

(8) support regional efforts to control and mitigate outbreaks 

through— 

(A) communication of the contents of the Regional Research and Action Plans and maintenance of online data 

portals for other information about harmful algal blooms 

and hypoxia to State and local stakeholders within the region for which each plan is developed; and 

(B) overseeing the development, review, and periodic updating of Regional Research and Action Plans established 

under section 602C(b); 

(9) convene at least 1 meeting of the Task Force annually; 

and 

(10) perform such other tasks as may be delegated by the 

Task Force. 

(h) NOAA DUTIES.— 

(1) EXISTING PROGRAMS.—NOAA shall maintain and enhance 

the following existing competitive programs: 

(A) The Ecology and Oceanography of Harmful Algal 

Blooms Program. 

(B) The Monitoring and Event Response for Harmful 

Algal Blooms Program. 

(C) The Northern Gulf of Mexico Ecosystems and Hypoxia Assessment Program. 

(D) The Coastal Hypoxia Research Program. 

(E) The Prevention, Control, and Mitigation of Harmful 

Algal Blooms Program. 

(2) NEW PROGRAMS.—NOAA shall establish— 

(A) an Event Response Program to coordinate and enhance event response activities; 

(B) an Infrastructure Program to develop and enhance 

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agement, information dissemination, and operational forecasts required to meet the purposes of this title; and 

(C) such other programs as may be necessary. 

(3) COOPERATIVE EFFORTS.—NOAA shall work cooperatively 

with other offices, centers, and programs within NOAA and 

other agencies represented on the Task Force, States, tribes, and 

nongovernmental organizations concerned with marine and 

aquatic issues to coordinate Harmful algal blooms and hypoxia 

and related issues, including management of data, products, 

for— 

(A) compiling, managing, and archiving data from relevant programs in Task Force member agencies; 

(B) creating data portals for general education and data 

dissemination on centralized, publicly available databases; 

and 

(C) establishing communication routes for data, predictions, and management tools both to and from the regions, States, and local communities. 

SEC. 603B. PILOT PROGRAM FOR FRESHWATER HARMFUL ALGAL 

BLOOMS AND HYPOXIA. 

(a) PILOT PROGRAM.—The Task Force shall establish a collaborative pilot program to examine harmful algal blooms and hypoxia 

occurring in freshwater systems, including the Great Lakes. The 

pilot program shall— 

(1) assess the issues associated with, and impacts of, harmful 

algal blooms and hypoxia in freshwater ecosystems; 

(2) research the efficacy of prevention, control, and mitigation 

measures, including measures to reduce nutrient loading; and 

(3) recommend potential management solutions. 

(b) REPORT.—The Task Force, in consultation with other participating Federal agencies, shall conduct an assessment of the effectiveness of the pilot program in improving freshwater habitat quality and publish a report, available to the public, of the results of the 

assessment. 

¿SEC. 604. NORTHERN GULF OF MEXICO HYPOXIA. 

¿(a) ASSESSMENT REPORT.—Not later than May 30, 1999, the 

Task Force shall complete and submit to Congress and the President an integrated assessment of hypoxia in the northern Gulf of 

Mexico that examines: the distribution, dynamics, and causes; ecological and economic consequences; sources and loads of nutrients 

transported by the Mississippi River to the Gulf of Mexico; effects 

of reducing nutrient loads; methods for reducing nutrient loads; 

and the social and economic costs and benefits of such methods. 

¿(b) SUBMISSION OF A PLAN.—No later than March 30, 2000, the 

President, in conjunction with the chief executive officers of the 

States, shall develop and submit to Congress a plan, based on the 

integrated assessment submitted under subsection (a), for reducing, 

mitigating, and controlling hypoxia in the northern Gulf of Mexico. 

In developing such plan, the President shall consult with State, Indian tribe, and local governments, academic, agricultural, industry, 

and environmental groups and representatives. Such plan shall include incentive-based partnership approaches. The plan shall also 

include the social and economic costs and benefits of the measures 

for reducing, mitigating, and controlling hypoxia. At least 90 days 


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before the President submits such plan to the Congress, a summary of the proposed plan shall be published in the Federal Register for a public comment period of not less than 60 days.

SEC. 604. NORTHERN GULF OF MEXICO HYPOXIA. 

(a) TASK FORCE ANNUAL PROGRESS REPORTS.—For each of the 

years from 2009 through 2013, the Mississippi River/Gulf of Mexico 

Watershed Nutrient Task Force shall complete and submit to the 

Congress and the President an annual report on the progress made 

by Task Force-directed activities toward attainment of the Coastal 

Goal of the Gulf Hypoxia Action Plan 2008. (b) TASK FORCE 5-YEAR PROGRESS REPORT.—In 2013, that 

Task Force shall complete and submit to Congress and the President a 5-year report on the progress made by Task Force-directed 

activities toward attainment of the Coastal Goal of the Gulf Hypoxia Action Plan 2008. The report shall assess progress made toward nutrient load reductions, the response of the hypoxic zone and 

water quality throughout the Mississippi/Atchafalaya River Basin, 

and the economic and social effects. The report shall include an 

evaluation of how current policies and programs affect management 

decisions, including those made by municipalities and industrial 

and agricultural producers, evaluate lessons learned, and recommend appropriate actions to continue to implement or, if necessary, revise this strategy. 

SEC. 604A. INTERAGENCY FINANCING. 

The departments and agencies represented on the Task Force are 

authorized to participate in interagency financing and share, transfer, receive, obligate, and expend funds appropriated to any member 

of the Task Force for the purposes of carrying out any administrative or programmatic project or activity under this Act, including 

support for the Program, a common infrastructure, information 

sharing, and system integration for harmful algal bloom and hypoxia research, monitoring, forecasting, prevention, and control. 

Funds may be transferred among such departments and agencies 

through an appropriate instrument that specifies the goods, services, 

or space being acquired from another Task Force member and the 

costs of the same. 

¿SEC. 605. AUTHORIZATION OF APPROPRIATIONS. 

¿There are authorized to be appropriated to the Secretary of 

Commerce for research, education, and monitoring activities related to the prevention, reduction, and control of harmful algal 

blooms and hypoxia, $15,000,000 for fiscal year 1999, $18,250,000 

for fiscal year 2000, $19,000,000 for fiscal year 2001, $23,500,000 

for fiscal year 2005, $24,500,000 for fiscal year 2006, $25,000,000 

for fiscal year 2007, and $30,000,000 for each of fiscal years 2008 

through 2010, to remain available until expended. The Secretary 

shall consult with the States on a regular basis regarding the development and implementation of the activities authorized under 

this section. Of such amounts for each fiscal year— 

¿(1) $1,500,000 for fiscal year 1999, $1,500,000 for fiscal year 

2000, $2,000,000 for fiscal year 2001, and $2,500,000 for each 

of fiscal years 2005 through 2010 may be used to enable the 

National Oceanic and Atmospheric Administration to carry out 

research and assessment activities, including procurement of 

necessary research equipment, at research laboratories of the 


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25 

National Ocean Service and the National Marine Fisheries 

Service; 

¿(2) $4,000,000 for fiscal year 1999, $5,500,000 for fiscal year 

2000, $5,500,000 for fiscal year 2001, and $6,500,000, of which 

$1,000,000 shall be used for the research program described in 

section 603(f)(2)(B), for each of fiscal years 2005 through 2010 

may be used to carry out the Ecology and Oceanography of 

Harmful Algal Blooms (ECOHAB) project under the Coastal 

Ocean Program established under section 201(c) of Public Law 

102-567; 

¿(3) $1,000,000 for fiscal year 1999, $2,000,000 for fiscal year 

2000, $2,000,000 for fiscal year 2001, and $3,000,000 for each 

of fiscal years 2005 through 2010 may be used by the National 

Ocean Service of the National Oceanic and Atmospheric Administration to carry out a peer-reviewed research project on 

management measures that can be taken to prevent, reduce, 

control, and mitigate harmful algal blooms and to carry out 

section 603(d); 

¿(4) $5,500,000 for each of the fiscal years 1999, 2000, 2001, 

and $6,000,000 for each of fiscal years 2005 through 2010 may 

be used to carry out Federal and State annual monitoring and 

analysis activities for harmful algal blooms administered by 

the National Ocean Service of the National Oceanic and Atmospheric Administration; 

¿(5) $3,000,000 for fiscal year 1999, $3,750,000 for fiscal year 

2000, $4,000,000 for fiscal year 2001, $4,000,000 for fiscal year 

2005, $5,000,000 for fiscal year 2006, $5,500,000 for fiscal year 

2007, and $6,000,000 for each of fiscal years 2008 through 

2010 may be used for activities related to research and monitoring on hypoxia by the National Ocean Service and the Office 

of Oceanic and Atmospheric Research of the National Oceanic 

and Atmospheric Administration; and 

¿(6) $1,500,000 for each of fiscal years 2005 through 2010 to 

carry out section 603(e).

SEC. 605. AUTHORIZATION OF APPROPRIATIONS. 

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

NOAA to implement the Program under this title $40,000,000 for 

each of fiscal years 2010 through 2014, of which up to $10,000,000 

shall be allocated each fiscal year to the creation of Regional Research and Action Plans required by section 602B. 

(b) EXTRAMURAL RESEARCH ACTIVITIES.—The 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. 

(c) PILOT PROGRAM.—In addition to any amounts appropriated 

pursuant to subsection (a), there are authorized to be appropriated 

to NOAA such sums as may be necessary to carry out the pilot program established under section 603B. 

SEC. 605A. DEFINITIONS. 

In this Act: 

(1) ADMINISTRATOR.—The term ‘Administrator’’ means the 

Administrator of the NOAA. 

(2) HARMFUL ALGAL BLOOM.—The term ‘‘harmful algal 

bloom’’ means marine and freshwater phytoplankton that proVerDate Nov 24 2008 05:16 Feb 05, 2010 Jkt 089010 PO 00000 Frm 00027 Fmt 6659 Sfmt 6603 E:\HR\OC\SR125.XXX SR125

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liferate to high concentrations, resulting in nuisance conditions 

or harmful impacts on marine and aquatic ecosystems, coastal 

communities, and human health through the production of toxic 

compounds or other biological, chemical, and physical impacts 

of the algae outbreak. (3) HYPOXIA.—The term ‘‘hypoxia’’ means a condition where 

low dissolved oxygen in aquatic systems causes stress or death 

to resident organisms. (4) NOAA.—The term ‘‘NOAA’’ means the National Oceanic 

and Atmospheric Administration. 

(5) PROGRAM.—The term ‘‘Program’’ means the Integrated 

Harmful Algal Bloom and Hypoxia Program established under 

section 603A. 

(6) REGIONAL RESEARCH AND ACTION PLAN.—The term ‘‘Regional Research and Action Plan’’ means a plan established 

under section 602B. 

(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of 

Commerce, acting through NOAA. (8) TASK FORCE.—The term ‘‘Task Force’’ means the Interagency Task Force established by section 603(a). (9) UNITED STATES COASTAL WATERS.—The term ‘‘United 

States coastal waters’’ includes the Great Lakes. 

SEC. 606. PROTECTION OF STATES’ RIGHTS. 

(a) Nothing in this title shall be interpreted to adversely affect 

existing State regulatory or enforcement power which has been 

granted to any State through the Clean Water Act or Coastal Zone 

Management Act of 1972. 

(b) Nothing in this title shall be interpreted to expand the regulatory or enforcement power of the Federal Government which has 

been delegated to any State through the Clean Water Act or Coastal Zone Management Act of 1972. 

SEC. 607. EFFECT ON OTHER FEDERAL AUTHORITY. 

Nothing in this title supersedes or limits the authority of any 

agency to carry out its responsibilities and missions under other 

laws. 

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