II 

Calendar No. 542 

112TH CONGRESS 

2D SESSION S. 1701 

[Report No. 112–237] 

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, Mr. CARDIN, Ms. COLLINS, Ms. CANTWELL, Mrs. BOXER, Mr. WYDEN, Mr. MERKLEY, and Mr. 

BLUMENTHAL) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

NOVEMBER 13, 2012 

Reported by Mr. ROCKEFELLER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 and Hypoxia Research and Control Amendments Act of 

4 2011’’. 

5 SEC. 2. AMENDMENT OF HARMFUL ALGAL BLOOM AND HY6 POXIA RESEARCH AND CONTROL ACT OF 

7 1998. 

8 Except as otherwise expressly provided, whenever in 

9 this Act an amendment or repeal is expressed in terms 

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

12 section or other provision of the Harmful Algal Bloom and 

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

14 1451 note). 

15 SEC. 3. FINDINGS. 

16 Section 602 is amended to read as follows: 

17 ‘‘§ 602. Findings 

18 ‘‘Congress finds the following: 

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

20 ‘‘(A) are increasing in frequency and inten21 sity in the Nation’s coastal waters and Great 

22 Lakes; 

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

24 and Great Lakes ecosystems; 

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


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

2 human health. 

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

4 been linked to the increased intensity and frequency 

5 of hypoxia and some harmful algal blooms. There is 

6 a need to identify more workable and effective ac7 tions to reduce the negative impacts of harmful algal 

8 blooms and hypoxia on coastal waters. 

9 ‘‘(3) The National Oceanic and Atmospheric 

10 Administration, through its ongoing research, moni11 toring, observing, education, grant, and coastal re12 source management programs and in collaboration 

13 with the other Federal agencies on the Inter-Agency 

14 Task Force on Harmful Algal Blooms and Hypoxia, 

15 along with States, Indian tribes, and local govern16 ments, possesses the capabilities necessary to sup17 port a near and long-term comprehensive effort to 

18 prevent, reduce, and control the human and environ19 mental costs of harmful algal blooms and hypoxia. 

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

21 and nonpoint sources can trigger and exacerbate 

22 harmful algal blooms and hypoxia. Since much of 

23 the increases originate in upland areas and are deliv24 ered to marine and freshwater bodies via river disVerDate Mar 15 2010 23:44 Nov 13, 2012 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S1701.RS S1701

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1 charge, integrated and landscape-level research and 

2 control strategies are required. 

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

4 many sectors of the coastal economy, including tour5 ism, public health, and recreational and commercial 

6 fisheries. According to a recent report produced by 

7 the National Oceanic and Atmospheric Administra8 tion, the United States seafood, restaurant, and 

9 tourism industries suffer estimated annual losses of 

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

11 harmful algal blooms. 

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

13 algae can occur in all United States waters, includ14 ing coastal areas (such as estuaries), the Great 

15 Lakes, and inland waterways, crossing political 

16 boundaries and necessitating regional coordination 

17 for research, monitoring, mitigation, response, and 

18 prevention efforts. 

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

20 led to several technological advances, including re21 mote sensing, molecular and optical tools, satellite 

22 imagery, and coastal and ocean observing systems, 

23 that— 

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


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1 ‘‘(B) improve the monitoring and pre2 diction of these events; and 

3 ‘‘(C) provide essential decision making 

4 tools for managers and stakeholders.’’. 

5 SEC. 4. PURPOSES. 

6 The Act is amended by inserting after section 602 

7 the following: 

8 ‘‘§ 602A. Purposes 

9 ‘‘The purposes of this title are— 

10 ‘‘(1) to provide for the development and coordi11 nation of a comprehensive and integrated national 

12 program to address harmful algal blooms and hy13 poxia through baseline research, monitoring, preven14 tion, mitigation, and control; 

15 ‘‘(2) to provide for the assessment of environ16 mental, socioeconomic, and human health impacts of 

17 harmful algal blooms and hypoxia on a regional and 

18 national scale, and to integrate this assessment into 

19 marine and freshwater resource decisions; and 

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

21 local efforts to develop and implement appropriate 

22 harmful algal bloom and hypoxia response plans, 

23 strategies, and tools, including outreach programs 

24 and information dissemination mechanisms.’’. 


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

2 BLOOMS AND HYPOXIA. 

3 Section 603(a) is amended— 

4 (1) by striking ‘‘the following representatives 

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

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

7 (3) by redesignating paragraph (12) as para8 graph (13); 

9 (4) by inserting after paragraph (11) the fol10 lowing: 

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

12 and 

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

14 striking ‘‘such’’. 

15 SEC. 6. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA 

16 PROGRAM. 

17 The Act is amended by inserting after section 603 

18 the following: 

19 ‘‘§ 603A. National harmful algal bloom and hypoxia 

20 program 

21 ‘‘(a) ESTABLISHMENT.—Except as provided in sub22 section (d), the Under Secretary, acting through the Task 

23 Force established under section 603, shall establish and 

24 maintain a national harmful algal bloom and hypoxia pro25 gram. 

26 ‘‘(b) ACTION STRATEGY.— 


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

2 the date of enactment of the Harmful Algal Blooms 

3 and Hypoxia Research and Control Amendments Act 

4 of 2011, the Task Force shall develop a national 

5 harmful algal blooms and hypoxia action strategy 

6 that— 

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

8 section 602A; 

9 ‘‘(B) includes a statement of goals and ob10 jectives; and 

11 ‘‘(C) includes an implementation plan. 

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

13 after the date that the action strategy is developed, 

14 the Task Force shall— 

15 ‘‘(A) submit the action strategy to Con16 gress; and 

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

18 Federal Register. 

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

20 shall periodically review and revise the action strat21 egy, as necessary. 

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

23 shall— 

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

25 policies of the Program; 


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1 ‘‘(2) assess interagency work and spending 

2 plans for implementing the activities of the Pro3 gram; 

4 ‘‘(3) review the Program’s distribution of Fed5 eral grants and funding to address research prior6 ities; 

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

8 and strategies identified in the regional research and 

9 action plans under section 603B; 

10 ‘‘(5) support the development of institutional 

11 mechanisms and financial instruments to further the 

12 goals of the Program; 

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

14 Federal programs, including ocean and Great Lakes 

15 science and management programs and centers, that 

16 address the chemical, biological, and physical compo17 nents of marine and freshwater harmful algal 

18 blooms and hypoxia; 

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

20 ensuring timely review and dispersal of required re21 ports and assessments under this title; 

22 ‘‘(8) promote the development of new tech23 nologies for predicting, monitoring, and mitigating 

24 harmful algal blooms and hypoxia conditions; and 


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1 ‘‘(9) establish such interagency working groups 

2 as it considers necessary. 

3 ‘‘(d) LEAD FEDERAL AGENCY.—The National Oce4 anic and Atmospheric Administration shall have primary 

5 responsibility for administering the Program. 

6 ‘‘(e) PROGRAM DUTIES.—In administering the Pro7 gram, the Under Secretary shall— 

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

9 understand, detect, predict, control, mitigate, and 

10 respond to marine and freshwater harmful algal 

11 bloom and hypoxia events; 

12 ‘‘(2) prepare work and spending plans for im13 plementing the activities of the Program and devel14 oping and implementing the regional research and 

15 action plans; 

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

17 funding— 

18 ‘‘(A) to support the projects maintained 

19 and established by the Program; and 

20 ‘‘(B) to address the research and manage21 ment needs and priorities identified in the re22 gional research and action plans; 

23 ‘‘(4) coordinate and work cooperatively with re24 gional, State, tribal, and local government agencies 


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1 and programs that address marine and freshwater 

2 harmful algal blooms and hypoxia; 

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

4 support international efforts on marine and fresh5 water harmful algal bloom and hypoxia information 

6 sharing, research, mitigation, control, and response 

7 activities; 

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

9 and demonstration needs and priorities relating to 

10 monitoring, prevention, control, mitigation, and re11 sponse to marine and freshwater harmful algal 

12 blooms and hypoxia, including methods and tech13 nologies to protect the ecosystems affected by ma14 rine and freshwater harmful algal blooms and hy15 poxia; 

16 ‘‘(7) integrate, coordinate, and augment exist17 ing education programs to improve public under18 standing and awareness of the causes, impacts, and 

19 mitigation efforts for marine and freshwater harmful 

20 algal blooms and hypoxia; 

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

22 State and local coastal and water resource managers 

23 in the methods and technologies for monitoring, con24 trolling, and mitigating marine and freshwater 

25 harmful algal blooms and hypoxia; 


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

2 mitigate outbreaks through— 

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

4 regional research and action plans and mainte5 nance of online data portals for other informa6 tion about harmful algal blooms and hypoxia to 

7 State and local stakeholders within the region 

8 for which each plan is developed; and 

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

10 and periodic updating of regional research and 

11 action plans; 

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

13 Force each year; and 

14 ‘‘(11) perform such other tasks as may be dele15 gated by the Task Force. 

16 ‘‘(f) NATIONAL OCEANIC AND ATMOSPHERIC ADMIN17 ISTRATION ACTIVITIES.—The Under Secretary shall— 

18 ‘‘(1) maintain and enhance the existing com19 petitive programs at the National Oceanic and At20 mospheric Administration relating to marine and 

21 freshwater algal blooms and hypoxia; 

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

23 algal bloom and hypoxia events response activities; 

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

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1 servations, monitoring, modeling, data management, 

2 information dissemination, and operational forecasts 

3 required to meet the purposes under section 602A; 

4 ‘‘(4) enhance communication and coordination 

5 among Federal agencies carrying out marine and 

6 freshwater harmful algal bloom and hypoxia activi7 ties; and 

8 ‘‘(5) increase the availability to appropriate 

9 public and private entities of— 

10 ‘‘(A) analytical facilities and technologies; 

11 ‘‘(B) operational forecasts; and 

12 ‘‘(C) reference and research materials. 

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

14 shall work cooperatively and avoid duplication of effort 

15 with other offices, centers, and programs within the Na16 tional Oceanic and Atmospheric Administration, other 

17 agencies on the Task Force, and States, tribes, and non18 governmental organizations concerned with marine and 

19 freshwater issues to coordinate harmful algal blooms and 

20 hypoxia (and related) activities and research. 

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

22 freshwater aspects of the Program, except for those as23 pects occurring in the Great Lakes, the Administrator of 

24 the Environmental Protection Agency, in consultation 


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1 with the Under Secretary, through the Task Force, 

2 shall— 

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

4 Secretary under this section and section 603B, in5 cluding the activities under subsection (g); 

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

7 algal blooms; 

8 ‘‘(3) monitor and respond to freshwater harm9 ful algal blooms events in lakes (except for the Great 

10 Lakes), rivers, and reservoirs; 

11 ‘‘(4) mitigate and control freshwater harmful 

12 algal blooms; and 

13 ‘‘(5) recommend the amount of funding re14 quired to carry out subsection (g) for inclusion in 

15 the President’s annual budget request to Congress. 

16 ‘‘(i) INTEGRATED COASTAL AND OCEAN OBSERVA17 TION SYSTEM.—The collection of monitoring and observa18 tion data under this title shall comply with all data stand19 ards and protocols developed pursuant to the Integrated 

20 Coastal and Ocean Observation System Act of 2009 (33 

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

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


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1 SEC. 7. REGIONAL RESEARCH AND ACTION PLANS. 

2 The Act, as amended by section 6 of this Act, is fur3 ther amended by inserting after section 603A the fol4 lowing: 

5 ‘‘§ 603B. Regional research and action plans 

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

7 the Under Secretary shall— 

8 ‘‘(1) identify appropriate regions and sub9 regions to be addressed by each regional research 

10 and action plan; and 

11 ‘‘(2) oversee the development and implementa12 tion of the regional research and action plans. 

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

14 shall— 

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

16 approval a regional research and action plan for 

17 each region, that builds upon any existing State or 

18 regional plans the Under Secretary considers appro19 priate; and 

20 ‘‘(2) identify appropriate elements for each re21 gion, including— 

22 ‘‘(A) baseline ecological, social, and eco23 nomic research needed to understand the bio24 logical, physical, and chemical conditions that 

25 cause, exacerbate, and result from harmful 

26 algal blooms and hypoxia; 


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1 ‘‘(B) regional priorities for ecological and 

2 socio-economic research on issues related to and 

3 impacts of harmful algal blooms and hypoxia; 

4 ‘‘(C) research, development, and dem5 onstration activities needed to develop and ad6 vance technologies and techniques— 

7 ‘‘(i) for minimizing the occurrence of 

8 harmful algal blooms and hypoxia; and 

9 ‘‘(ii) for improving capabilities to pre10 dict, monitor, prevent, control, and miti11 gate harmful algal blooms and hypoxia; 

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

13 actions that may be implemented— 

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

15 efforts and emergency monitoring as need16 ed; 

17 ‘‘(ii) to minimize the occurrence of 

18 harmful algal blooms and hypoxia; 

19 ‘‘(iii) to reduce the duration and in20 tensity of harmful algal blooms and hy21 poxia in times of emergency; 

22 ‘‘(iv) to address human health dimen23 sions of harmful algal blooms and hypoxia; 

24 and 


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1 ‘‘(v) to identify and protect vulnerable 

2 ecosystems that could be, or have been, af3 fected by harmful algal blooms and hy4 poxia; 

5 ‘‘(E) mechanisms by which data, informa6 tion, and products are transferred between the 

7 Program and State, tribal, and local govern8 ments and research entities; 

9 ‘‘(F) communication, outreach and infor10 mation dissemination efforts that State, tribal, 

11 and local governments and stakeholder organi12 zations can take to educate and inform the pub13 lic about harmful algal blooms and hypoxia and 

14 alternative coastal resource-utilization opportu15 nities that are available; and 

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

17 play to facilitate implementation of the regional 

18 research and action plan for that region. 

19 ‘‘(c) CONSULTATION.—In developing a regional re20 search and action plan under this section, the Under Sec21 retary shall— 

22 ‘‘(1) coordinate with State coastal management 

23 and planning officials; 

24 ‘‘(2) coordinate with tribal resource manage25 ment officials; 


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1 ‘‘(3) coordinate with water management and 

2 watershed officials from coastal States and non3 coastal States with water sources that drain into 

4 water bodies affected by harmful algal blooms and 

5 hypoxia; 

6 ‘‘(4) coordinate with the Administrator and 

7 other Federal agencies as the Under Secretary con8 siders appropriate; and 

9 ‘‘(5) consult with— 

10 ‘‘(A) public health officials; 

11 ‘‘(B) emergency management officials; 

12 ‘‘(C) science and technology development 

13 institutions; 

14 ‘‘(D) economists; 

15 ‘‘(E) industries and businesses affected by 

16 marine and freshwater harmful algal blooms 

17 and hypoxia; 

18 ‘‘(F) scientists, with expertise concerning 

19 harmful algal blooms or hypoxia, from academic 

20 or research institutions; and 

21 ‘‘(G) other stakeholders. 

22 ‘‘(d) BUILDING ON AVAILABLE STUDIES AND INFOR23 MATION.—In developing a regional research and action 

24 plan under this section, the Under Secretary shall— 


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1 ‘‘(1) utilize and build on existing research, as2 sessments, reports, including those carried out under 

3 existing law, and other relevant sources; and 

4 ‘‘(2) consider the impacts, research, and exist5 ing program activities of all United States coastlines 

6 and fresh and inland waters, including the Great 

7 Lakes, the Chesapeake Bay, estuaries, and tribu8 taries. 

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

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

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

12 later than 9 months after the date of the enactment 

13 of the Harmful Algal Blooms and Hypoxia Research 

14 and Control Amendments Act of 2011; 

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

16 action plans for at least another third of the regions 

17 not later than 21 months after the date of the enact18 ment of the Harmful Algal Blooms and Hypoxia Re19 search and Control Amendments Act of 2011; 

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

21 action plans for the remaining regions not later than 

22 33 months after the date of the enactment of the 

23 Harmful Algal Blooms and Hypoxia Research and 

24 Control Amendments Act of 2011; and 


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1 ‘‘(4) ensure that each regional research and ac2 tion plan developed under this section is— 

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

4 Force not later than 12 months after the date 

5 that development of the regional research and 

6 action plan begins; and 

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

8 years after the completion of the regional re9 search and action plan. 

10 ‘‘(f) FUNDING.— 

11 ‘‘(1) IN GENERAL.—Subject to available appro12 priations, the Under Secretary shall make funding 

13 available to eligible organizations to implement the 

14 research, monitoring, forecasting, modeling, and re15 sponse actions included under each approved re16 gional research and action plan. The Program shall 

17 select recipients through a merit-based, competitive 

18 process and seek to fund research proposals that 

19 most effectively align with the research priorities 

20 identified in the relevant regional research and ac21 tion plan. 

22 ‘‘(2) APPLICATION; ASSURANCES.—An organi23 zation seeking funding under this subsection shall 

24 submit an application to the Program at such time, 

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1 formation and assurances as the Program may re2 quire. The Program shall require each eligible orga3 nization receiving funds under this subsection to uti4 lize the mechanisms under subsection (b)(2)(E) to 

5 ensure the transfer of data and products developed 

6 under the regional research and action plan. 

7 ‘‘(3) ELIGIBLE ORGANIZATION.—In this sub8 section, the term ‘eligible organization’ means— 

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

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

11 local government, commercial organization, or 

12 Federal agency that meets the requirements of 

13 this section and such other requirements as 

14 may be established by the Under Secretary; and 

15 ‘‘(B) with respect to nongovernmental or16 ganizations, an organization that is subject to 

17 regulations promulgated or guidelines issued to 

18 carry out this section, including United States 

19 audit requirements that are applicable to non20 governmental organizations.’’. 

21 SEC. 8. REPORTING. 

22 Section 603 is amended by adding at the end the fol23 lowing: 

24 ‘‘(j) REPORT.—Not later than 2 years after the sub25 mission of the action strategy under section 603A, the 


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1 Under Secretary shall submit a report to the appropriate 

2 congressional committees that describes— 

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

4 meetings; 

5 ‘‘(2) the activities carried out under the Pro6 gram and the regional research and action plans, 

7 and the budget related to the activities; 

8 ‘‘(3) the progress made on implementing the ac9 tion strategy; and 

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

11 or projects under the Program. 

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

13 after the date of enactment of the Harmful Algal Blooms 

14 and Hypoxia Research and Control Amendments Act of 

15 2011, the Task Force shall submit a report on harmful 

16 algal blooms and hypoxia in marine and freshwater sys17 tems to Congress that— 

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

19 of harmful algal blooms and hypoxia in marine and 

20 freshwater systems, including their causes and eco21 logical consequences; 

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

23 of harmful algal blooms and hypoxia, including their 

24 impacts on coastal communities, and reviews those 

25 communities’ efforts and associated economic costs 


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1 related to event forecasting, planning, mitigation, re2 sponse, public outreach, and education; 

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

4 impacts of harmful algal blooms and hypoxia, includ5 ing any gaps in existing research; 

6 ‘‘(4) describes advances in capabilities for moni7 toring, forecasting, modeling, control, mitigation, 

8 and prevention of harmful algal blooms and hypoxia, 

9 including techniques for integrating landscape- and 

10 watershed-level water quality information into ma11 rine and freshwater harmful algal bloom and hy12 poxia prevention and mitigation strategies at Fed13 eral and regional levels; 

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

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

16 and strategies for forecasting, planning, mitigating, 

17 preventing, and responding to harmful algal blooms 

18 and hypoxia, including the economic costs and bene19 fits of the policies and strategies; 

20 ‘‘(6) includes recommendations for integrating, 

21 improving, and funding future Federal, regional, 

22 State, tribal, and local policies and strategies for 

23 preventing and mitigating the occurrence and im24 pacts of harmful algal blooms and hypoxia; 


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

2 education efforts to raise public awareness of harm3 ful algal blooms and hypoxia, their impacts, and the 

4 methods for mitigation and prevention; 

5 ‘‘(8) describes extramural research activities 

6 carried out under section 605(b); and 

7 ‘‘(9) specifies how resources were allocated be8 tween intramural and extramural research and man9 agement activities, including a justification for each 

10 allocation.’’. 

11 SEC. 9. NORTHERN GULF OF MEXICO HYPOXIA. 

12 Section 604 is amended to read as follows: 

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

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

15 Beginning not later than 12 months after the date of en16 actment of the Harmful Algal Blooms and Hypoxia Re17 search and Control Amendments Act of 2011, and every 

18 2 years thereafter, the Administrator, through the Mis19 sissippi River/Gulf of Mexico Watershed Nutrient Task 

20 Force, shall submit a progress report to the appropriate 

21 congressional committees and the President that describes 

22 the progress made by Task Force-directed activities car23 ried out or funded by the Environmental Protection Agen24 cy and other State and Federal partners toward attain25 ment of the goals of the Gulf Hypoxia Action Plan 2008. 


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

2 section shall— 

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

4 load reductions, the response of the hypoxic zone 

5 and water quality throughout the Mississippi/ 

6 Atchafalaya River Basin, and the economic and so7 cial effects; 

8 ‘‘(2) evaluate lessons learned; and 

9 ‘‘(3) recommend appropriate actions to continue 

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

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

12 SEC. 10. INTERAGENCY FINANCING. 

13 The Act, as amended by section 9 of this Act, is fur14 ther amended by inserting after section 604 the following: 

15 ‘‘SEC. 604A. INTERAGENCY FINANCING. 

16 ‘‘The departments and agencies represented on the 

17 Task Force may participate in interagency financing and 

18 share, transfer, receive, obligate, and expend funds appro19 priated to any member of the Task Force for the purposes 

20 of carrying out any administrative or programmatic 

21 project or activity under this title, including support for 

22 the Program, a common infrastructure, information shar23 ing, and system integration for harmful algal bloom and 

24 hypoxia research, monitoring, forecasting, prevention, and 

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1 ments and agencies through an appropriate instrument 

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

3 from another Task Force member and the costs of the 

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

5 transferrable under this section for any fiscal year may 

6 not exceed 5 percent of the account from which such 

7 transfer was made.’’. 

8 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

9 Section 605 is amended to read as follows: 

10 ‘‘§ 605. Authorization of appropriations 

11 ‘‘(a) IN GENERAL.—There are authorized to be ap12 propriated, for each of the fiscal years 2011 through 2015 

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

14 603B, $30,000,000, of which— 

15 ‘‘(1) $2,000,000 may be used for the develop16 ment of regional research and action plans and the 

17 reports required under section 603B; 

18 ‘‘(2) $3,000,000 may be used for the research 

19 and assessment activities related to marine and 

20 freshwater harmful algal blooms at the National 

21 Oceanic and Atmospheric Administration research 

22 laboratories; 

23 ‘‘(3) $7,000,000 may be used to carry out the 

24 Ecology and Oceanography of Harmful Algal 

25 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.’’. 

22 SECTION 1. SHORT TITLE. 

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

24 and Hypoxia Research and Control Amendments Act of 

25 2011’’. 


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1 SEC. 2. AMENDMENT OF HARMFUL ALGAL BLOOM AND HY2 POXIA RESEARCH AND CONTROL ACT OF 1998. 

3 Except as otherwise expressly provided, whenever in 

4 this Act an amendment or repeal is expressed in terms of 

5 an amendment to, or repeal of, a section or other provision, 

6 the reference shall be considered to be made to a section or 

7 other provision of the Harmful Algal Bloom and Hypoxia 

8 Research and Control Act of 1998 (16 U.S.C. 1451 note). 

9 SEC. 3. FINDINGS. 

10 Section 602 is amended to read as follows: 

11 ‘‘§ 602. Findings 

12 ‘‘Congress finds the following: 

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

14 ‘‘(A) are increasing in frequency and inten15 sity in the Nation’s coastal waters and Great 

16 Lakes; 

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

18 and Great Lakes ecosystems; 

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

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

21 human health. 

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

23 been linked to the increased intensity and frequency 

24 of hypoxia and some harmful algal blooms. There is 

25 a need to identify more workable and effective actions 


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1 to reduce the negative impacts of harmful algal 

2 blooms and hypoxia on coastal waters. 

3 ‘‘(3) The National Oceanic and Atmospheric Ad4 ministration, through its ongoing research, moni5 toring, observing, education, grant, and coastal re6 source management programs and in collaboration 

7 with the other Federal agencies on the Inter-Agency 

8 Task Force on Harmful Algal Blooms and Hypoxia, 

9 along with States, Indian tribes, and local govern10 ments, possesses the capabilities necessary to support 

11 a near and long-term comprehensive effort to prevent, 

12 reduce, and control the human and environmental 

13 costs of harmful algal blooms and hypoxia. 

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

15 and nonpoint sources can trigger and exacerbate 

16 harmful algal blooms and hypoxia. Since much of the 

17 increases originate in upland areas and are delivered 

18 to marine and freshwater bodies via river discharge, 

19 integrated and landscape-level research and control 

20 strategies are required. 

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

22 many sectors of the coastal economy, including tour23 ism, public health, and recreational and commercial 

24 fisheries. According to a recent report produced by the 

25 National Oceanic and Atmospheric Administration, 


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1 the United States seafood, restaurant, and tourism in2 dustries suffer estimated annual losses of at least 

3 $82,000,000 due to the economic impacts of harmful 

4 algal blooms. 

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

6 algae can occur in all United States waters, including 

7 coastal areas (such as estuaries), the Great Lakes, and 

8 inland waterways, crossing political boundaries and 

9 necessitating regional coordination for research, mon10 itoring, mitigation, response, and prevention efforts. 

11 ‘‘(7) Federally funded and other research has led 

12 to several technological advances, including remote 

13 sensing, molecular and optical tools, satellite imagery, 

14 and coastal and ocean observing systems, that— 

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

16 ‘‘(B) improve the monitoring and pre17 diction of these events; and 

18 ‘‘(C) provide essential decision making tools 

19 for managers and stakeholders.’’. 

20 SEC. 4. PURPOSES. 

21 The Act is amended by inserting after section 602 the 

22 following: 

23 ‘‘§ 602A. Purposes 

24 ‘‘The purposes of this title are— 


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1 ‘‘(1) to provide for the development and coordi2 nation of a comprehensive and integrated national 

3 program to address harmful algal blooms and hy4 poxia through baseline research, monitoring, preven5 tion, mitigation, and control; 

6 ‘‘(2) to provide for the assessment of environ7 mental, socioeconomic, and human health impacts of 

8 harmful algal blooms and hypoxia on a regional and 

9 national scale, and to integrate this assessment into 

10 marine and freshwater resource decisions; and 

11 ‘‘(3) to facilitate regional, State, tribal, and local 

12 efforts to develop and implement appropriate harmful 

13 algal bloom and hypoxia response plans, strategies, 

14 and tools, including outreach programs and informa15 tion dissemination mechanisms.’’. 

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

17 BLOOMS AND HYPOXIA. 

18 Section 603(a) is amended— 

19 (1) by striking ‘‘the following representatives 

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

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

22 (3) by redesignating paragraph (12) as para23 graph (13); 

24 (4) by inserting after paragraph (11) the fol25 lowing: 


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1 ‘‘(12) the Centers for Disease Control; and’’; and 

2 (5) in paragraph (13), as redesignated, by strik3 ing ‘‘such’’. 

4 SEC. 6. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA 

5 PROGRAM. 

6 The Act is amended by inserting after section 603 the 

7 following: 

8 ‘‘§ 603A. National harmful algal bloom and hypoxia 

9 program 

10 ‘‘(a) ESTABLISHMENT.—Except as provided in sub11 section (d), the Under Secretary, acting through the Task 

12 Force established under section 603, shall establish and 

13 maintain a national harmful algal bloom and hypoxia pro14 gram. 

15 ‘‘(b) ACTION STRATEGY.— 

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

17 the date of enactment of the Harmful Algal Blooms 

18 and Hypoxia Research and Control Amendments Act 

19 of 2011, the Task Force shall develop a national 

20 harmful algal blooms and hypoxia action strategy 

21 that— 

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

23 section 602A; 

24 ‘‘(B) includes a statement of goals and ob25 jectives; and 


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1 ‘‘(C) includes an implementation plan. 

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

3 after the date that the action strategy is developed, the 

4 Task Force shall— 

5 ‘‘(A) submit the action strategy to Congress; 

6 and 

7 ‘‘(B) publish the action strategy in the Fed8 eral Register. 

9 ‘‘(3) PERIODIC REVISION.—The Task Force shall 

10 periodically review and revise the action strategy, as 

11 necessary. 

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

13 shall— 

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

15 policies of the Program; 

16 ‘‘(2) assess interagency work and spending plans 

17 for implementing the activities of the Program; 

18 ‘‘(3) review the Program’s distribution of Federal 

19 grants and funding to address research priorities; 

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

21 and strategies identified in the regional research and 

22 action plans under section 603B; 

23 ‘‘(5) support the development of institutional 

24 mechanisms and financial instruments to further the 

25 goals of the Program; 


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

2 Federal programs, including ocean and Great Lakes 

3 science and management programs and centers, that 

4 address the chemical, biological, and physical compo5 nents of marine and freshwater harmful algal blooms 

6 and hypoxia; 

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

8 ensuring timely review and dispersal of required re9 ports and assessments under this title; 

10 ‘‘(8) promote the development of new technologies 

11 for predicting, monitoring, and mitigating harmful 

12 algal blooms and hypoxia conditions; and 

13 ‘‘(9) establish such interagency working groups 

14 as it considers necessary. 

15 ‘‘(d) LEAD FEDERAL AGENCY.—The National Oceanic 

16 and Atmospheric Administration shall have primary re17 sponsibility for administering the Program. 

18 ‘‘(e) PROGRAM DUTIES.—In administering the Pro19 gram, the Under Secretary shall— 

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

21 understand, detect, predict, control, mitigate, and re22 spond to marine and freshwater harmful algal bloom 

23 and hypoxia events; 

24 ‘‘(2) prepare work and spending plans for imple25 menting the activities of the Program and developing 


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1 and implementing the regional research and action 

2 plans; 

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

4 funding— 

5 ‘‘(A) to support the projects maintained and 

6 established by the Program; and 

7 ‘‘(B) to address the research and manage8 ment needs and priorities identified in the re9 gional research and action plans; 

10 ‘‘(4) coordinate and work cooperatively with re11 gional, State, tribal, and local government agencies 

12 and programs that address marine and freshwater 

13 harmful algal blooms and hypoxia; 

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

15 support international efforts on marine and fresh16 water harmful algal bloom and hypoxia information 

17 sharing, research, mitigation, control, and response 

18 activities; 

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

20 and demonstration needs and priorities relating to 

21 monitoring, prevention, control, mitigation, and re22 sponse to marine and freshwater harmful algal blooms 

23 and hypoxia, including methods and technologies to 

24 protect the ecosystems affected by marine and fresh25 water harmful algal blooms and hypoxia; 


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1 ‘‘(7) integrate, coordinate, and augment existing 

2 education programs to improve public understanding 

3 and awareness of the causes, impacts, and mitigation 

4 efforts for marine and freshwater harmful algal 

5 blooms and hypoxia; 

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

7 State and local coastal and water resource managers 

8 in the methods and technologies for monitoring, con9 trolling, and mitigating marine and freshwater 

10 harmful algal blooms and hypoxia; 

11 ‘‘(9) support regional efforts to control and miti12 gate outbreaks through— 

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

14 regional research and action plans and mainte15 nance of online data portals for other informa16 tion about harmful algal blooms and hypoxia to 

17 State and local stakeholders within the region for 

18 which each plan is developed; and 

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

20 and periodic updating of regional research and 

21 action plans; 

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

23 Force each year; and 

24 ‘‘(11) perform such other tasks as may be dele25 gated by the Task Force. 


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1 ‘‘(f) NATIONAL OCEANIC AND ATMOSPHERIC ADMINIS2 TRATION ACTIVITIES.—The Under Secretary shall— 

3 ‘‘(1) maintain and enhance the existing competi4 tive programs at the National Oceanic and Atmos5 pheric Administration relating to marine and fresh6 water algal blooms and hypoxia; 

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

8 algal bloom and hypoxia events response activities; 

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

10 as necessary, to develop and enhance the critical ob11 servations, monitoring, modeling, data management, 

12 information dissemination, and operational forecasts 

13 required to meet the purposes under section 602A; 

14 ‘‘(4) enhance communication and coordination 

15 among Federal agencies carrying out marine and 

16 freshwater harmful algal bloom and hypoxia activi17 ties; 

18 ‘‘(5) to the greatest extent practicable, leverage 

19 existing resources and expertise available from local 

20 research universities and institutions to meet the pur21 poses under section 602A; and 

22 ‘‘(6) increase the availability to appropriate 

23 public and private entities of— 

24 ‘‘(A) analytical facilities and technologies; 

25 ‘‘(B) operational forecasts; and 


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1 ‘‘(C) reference and research materials. 

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

3 shall work cooperatively and avoid duplication of effort 

4 with other offices, centers, and programs within the Na5 tional Oceanic and Atmospheric Administration, other 

6 agencies on the Task Force, and States, tribes, and non7 governmental organizations concerned with marine and 

8 freshwater issues to coordinate harmful algal blooms and 

9 hypoxia (and related) activities and research. 

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

11 freshwater aspects of the Program, except for those aspects 

12 occurring in the Great Lakes, the Administrator of the En13 vironmental Protection Agency, in consultation with the 

14 Under Secretary, through the Task Force, shall— 

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

16 Secretary under this section and section 603B, in17 cluding the activities under subsection (g); 

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

19 algal blooms; 

20 ‘‘(3) monitor and respond to freshwater harmful 

21 algal blooms events in lakes (except for the Great 

22 Lakes), rivers, and reservoirs; 

23 ‘‘(4) mitigate and control freshwater harmful 

24 algal blooms; and 


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1 ‘‘(5) recommend the amount of funding required 

2 to carry out subsection (g) for inclusion in the Presi3 dent’s annual budget request to Congress. 

4 ‘‘(i) INTEGRATED COASTAL AND OCEAN OBSERVATION

5 SYSTEM.—The collection of monitoring and observation 

6 data under this title shall comply with all data standards 

7 and protocols developed pursuant to the Integrated Coastal 

8 and Ocean Observation System Act of 2009 (33 U.S.C. 3601 

9 et seq.). Such data shall be made available through the sys10 tem established under that Act.’’. 

11 SEC. 7. REGIONAL RESEARCH AND ACTION PLANS. 

12 The Act, as amended by section 6 of this Act, is further 

13 amended by inserting after section 603A the following: 

14 ‘‘§ 603B. Regional research and action plans 

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

16 the Under Secretary shall— 

17 ‘‘(1) identify appropriate regions and subregions 

18 to be addressed by each regional research and action 

19 plan; and 

20 ‘‘(2) oversee the development and implementation 

21 of the regional research and action plans. 

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

23 shall— 

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

25 approval a regional research and action plan for each 


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1 region, that builds upon any existing State or re2 gional plans the Under Secretary considers appro3 priate; and 

4 ‘‘(2) identify appropriate elements for each re5 gion, including— 

6 ‘‘(A) baseline ecological, social, and eco7 nomic research needed to understand the biologi8 cal, physical, and chemical conditions that 

9 cause, exacerbate, and result from harmful algal 

10 blooms and hypoxia; 

11 ‘‘(B) regional priorities for ecological and 

12 socio-economic research on issues related to and 

13 impacts of harmful algal blooms and hypoxia; 

14 ‘‘(C) research, development, and demonstra15 tion activities needed to develop and advance 

16 technologies and techniques— 

17 ‘‘(i) for minimizing the occurrence of 

18 harmful algal blooms and hypoxia; and 

19 ‘‘(ii) for improving capabilities to pre20 dict, monitor, prevent, control, and mitigate 

21 harmful algal blooms and hypoxia; 

22 ‘‘(D) State, tribal, and local government ac23 tions that may be implemented— 

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

25 efforts and emergency monitoring as needed; 


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1 ‘‘(ii) to minimize the occurrence of 

2 harmful algal blooms and hypoxia; 

3 ‘‘(iii) to reduce the duration and in4 tensity of harmful algal blooms and hypoxia 

5 in times of emergency; 

6 ‘‘(iv) to address human health dimen7 sions of harmful algal blooms and hypoxia; 

8 and 

9 ‘‘(v) to identify and protect vulnerable 

10 ecosystems that could be, or have been, af11 fected by harmful algal blooms and hypoxia; 

12 ‘‘(E) mechanisms by which data, informa13 tion, and products are transferred between the 

14 Program and State, tribal, and local govern15 ments and research entities; 

16 ‘‘(F) communication, outreach and infor17 mation dissemination efforts that State, tribal, 

18 and local governments and stakeholder organiza19 tions can take to educate and inform the public 

20 about harmful algal blooms and hypoxia and al21 ternative coastal resource-utilization opportuni22 ties that are available; and 

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

24 play to facilitate implementation of the regional 

25 research and action plan for that region. 


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1 ‘‘(c) CONSULTATION.—In developing a regional re2 search and action plan under this section, the Under Sec3 retary shall— 

4 ‘‘(1) coordinate with State coastal management 

5 and planning officials; 

6 ‘‘(2) coordinate with tribal resource management 

7 officials; 

8 ‘‘(3) coordinate with water management and wa9 tershed officials from coastal States and noncoastal 

10 States with water sources that drain into water bod11 ies affected by harmful algal blooms and hypoxia; 

12 ‘‘(4) in matters relating to the Gulf of Mexico, 

13 coordinate with the Gulf of Mexico Alliance; 

14 ‘‘(5) coordinate with the Administrator and 

15 other Federal agencies as the Under Secretary con16 siders appropriate; and 

17 ‘‘(6) consult with— 

18 ‘‘(A) public health officials; 

19 ‘‘(B) emergency management officials; 

20 ‘‘(C) science and technology development in21 stitutions; 

22 ‘‘(D) economists; 

23 ‘‘(E) industries and businesses affected by 

24 marine and freshwater harmful algal blooms and 

25 hypoxia; 


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1 ‘‘(F) scientists, with expertise concerning 

2 harmful algal blooms or hypoxia, from academic 

3 or research institutions; and 

4 ‘‘(G) other stakeholders. 

5 ‘‘(d) BUILDING ON AVAILABLE STUDIES AND INFOR6 MATION.—In developing a regional research and action 

7 plan under this section, the Under Secretary shall— 

8 ‘‘(1) utilize and build on existing research, as9 sessments, reports, including those carried out under 

10 existing law, and other relevant sources; and 

11 ‘‘(2) consider the impacts, research, and existing 

12 program activities of all United States coastlines and 

13 fresh and inland waters, including the Great Lakes, 

14 the Chesapeake Bay, estuaries, and tributaries. 

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

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

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

18 later than 9 months after the date of the enactment 

19 of the Harmful Algal Blooms and Hypoxia Research 

20 and Control Amendments Act of 2011; 

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

22 action plans for at least another third of the regions 

23 not later than 21 months after the date of the enact24 ment of the Harmful Algal Blooms and Hypoxia Re25 search and Control Amendments Act of 2011; 


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

2 action plans for the remaining regions not later than 

3 33 months after the date of the enactment of the 

4 Harmful Algal Blooms and Hypoxia Research and 

5 Control Amendments Act of 2011; and 

6 ‘‘(4) ensure that each regional research and ac7 tion plan developed under this section is— 

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

9 Force not later than 12 months after the date 

10 that development of the regional research and ac11 tion plan begins; and 

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

13 years after the completion of the regional re14 search and action plan. 

15 ‘‘(f) PRIORITIZATION.—In developing the regional re16 search and action plans pursuant to subsection (e), the 

17 Under Secretary shall begin with regions that historically 

18 have the greatest record of harmful algal blooms or the larg19 est perennial hypoxic zones. 

20 ‘‘(g) FUNDING.— 

21 ‘‘(1) IN GENERAL.—Subject to available appro22 priations, the Under Secretary shall make funding 

23 available to eligible organizations to implement the 

24 research, monitoring, forecasting, modeling, and re25 sponse actions included under each approved regional 


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1 research and action plan. The Program shall select re2 cipients through a merit-based, competitive process 

3 and seek to fund research proposals that most effec4 tively align with the research priorities identified in 

5 the relevant regional research and action plan. 

6 ‘‘(2) APPLICATION; ASSURANCES.—An organiza7 tion seeking funding under this subsection shall sub8 mit an application to the Program at such time, in 

9 such form and manner, and containing such informa10 tion and assurances as the Program may require. The 

11 Program shall require each eligible organization re12 ceiving funds under this subsection to utilize the 

13 mechanisms under subsection (b)(2)(E) to ensure the 

14 transfer of data and products developed under the re15 gional research and action plan. 

16 ‘‘(3) ELIGIBLE ORGANIZATION.—In this sub17 section, the term ‘eligible organization’ means— 

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

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

20 local government, commercial organization, or 

21 Federal agency that meets the requirements of 

22 this section and such other requirements as may 

23 be established by the Under Secretary; and 

24 ‘‘(B) with respect to nongovernmental orga25 nizations, an organization that is subject to regVerDate Mar 15 2010 23:44 Nov 13, 2012 Jkt 029200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6203 E:\BILLS\S1701.RS S1701

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1 ulations promulgated or guidelines issued to 

2 carry out this section, including United States 

3 audit requirements that are applicable to non4 governmental organizations.’’. 

5 SEC. 8. REPORTING. 

6 Section 603 is amended by adding at the end the fol7 lowing: 

8 ‘‘(j) REPORT.—Not later than 2 years after the submis9 sion of the action strategy under section 603A, the Under 

10 Secretary shall submit a report to the appropriate congres11 sional committees that describes— 

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

13 meetings; 

14 ‘‘(2) the activities carried out under the Program 

15 and the regional research and action plans, and the 

16 budget related to the activities; 

17 ‘‘(3) the progress made on implementing the ac18 tion strategy; and 

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

20 projects under the Program. 

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

22 the date of enactment of the Harmful Algal Blooms and 

23 Hypoxia Research and Control Amendments Act of 2011, 

24 the Task Force shall submit a report on harmful algal 


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1 blooms and hypoxia in marine and freshwater systems to 

2 Congress that— 

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

4 harmful algal blooms and hypoxia in marine and 

5 freshwater systems, including their causes and eco6 logical consequences; 

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

8 of harmful algal blooms and hypoxia, including their 

9 impacts on coastal communities, and reviews those 

10 communities’ efforts and associated economic costs re11 lated to event forecasting, planning, mitigation, re12 sponse, public outreach, and education; 

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

14 impacts of harmful algal blooms and hypoxia, includ15 ing any gaps in existing research; 

16 ‘‘(4) describes advances in capabilities for moni17 toring, forecasting, modeling, control, mitigation, and 

18 prevention of harmful algal blooms and hypoxia, in19 cluding techniques for integrating landscape- and wa20 tershed-level water quality information into marine 

21 and freshwater harmful algal bloom and hypoxia pre22 vention and mitigation strategies at Federal and re23 gional levels; 

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

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


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1 and strategies for forecasting, planning, mitigating, 

2 preventing, and responding to harmful algal blooms 

3 and hypoxia, including the economic costs and bene4 fits of the policies and strategies; 

5 ‘‘(6) includes recommendations for integrating, 

6 improving, and funding future Federal, regional, 

7 State, tribal, and local policies and strategies for pre8 venting and mitigating the occurrence and impacts of 

9 harmful algal blooms and hypoxia; 

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

11 education efforts to raise public awareness of harmful 

12 algal blooms and hypoxia, their impacts, and the 

13 methods for mitigation and prevention; 

14 ‘‘(8) describes extramural research activities car15 ried out under section 605(b); and 

16 ‘‘(9) specifies how resources were allocated be17 tween intramural and extramural research and man18 agement activities, including a justification for each 

19 allocation.’’. 

20 SEC. 9. NORTHERN GULF OF MEXICO HYPOXIA. 

21 Section 604 is amended to read as follows: 

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

23 ‘‘(a) TASK FORCE INITIAL PROGRESS REPORTS.—Be24 ginning not later than 12 months after the date of enact25 ment of the Harmful Algal Blooms and Hypoxia Research 


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1 and Control Amendments Act of 2011, and every 2 years 

2 thereafter, the Administrator, through the Mississippi 

3 River/Gulf of Mexico Watershed Nutrient Task Force, shall 

4 submit a progress report to the appropriate congressional 

5 committees and the President that describes the progress 

6 made by Task Force-directed activities carried out or fund7 ed by the Environmental Protection Agency and other State 

8 and Federal partners toward attainment of the goals of the 

9 Gulf Hypoxia Action Plan 2008. 

10 ‘‘(b) CONTENTS.—Each report required under this sec11 tion shall— 

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

13 load reductions, the response of the hypoxic zone and 

14 water quality throughout the Mississippi/Atchafalaya 

15 River Basin, and the economic and social effects; 

16 ‘‘(2) evaluate lessons learned; and 

17 ‘‘(3) recommend appropriate actions to continue 

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

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

20 SEC. 10. INTERAGENCY FINANCING. 

21 The Act, as amended by section 9 of this Act, is further 

22 amended by inserting after section 604 the following: 

23 ‘‘SEC. 604A. INTERAGENCY FINANCING. 

24 ‘‘The departments and agencies represented on the 

25 Task Force may participate in interagency financing and 


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1 share, transfer, receive, obligate, and expend funds appro2 priated to any member of the Task Force for the purposes 

3 of carrying out any administrative or programmatic 

4 project or activity under this title, including support for 

5 the Program, a common infrastructure, information shar6 ing, and system integration for harmful algal bloom and 

7 hypoxia research, monitoring, forecasting, prevention, and 

8 control. Funds may be transferred among such departments 

9 and agencies through an appropriate instrument that speci10 fies the goods, services, or space being acquired from another 

11 Task Force member and the costs of the goods, services, and 

12 space. The amount of funds transferrable under this section 

13 for any fiscal year may not exceed 5 percent of the account 

14 from which such transfer was made.’’. 

15 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

16 Section 605 is amended to read as follows: 

17 ‘‘§ 605. Authorization of appropriations 

18 ‘‘(a) IN GENERAL.—There are authorized to be appro19 priated, for each of the fiscal years 2011 through 2015 to 

20 the Under Secretary to carry out sections 603A and 603B, 

21 $30,000,000, of which— 

22 ‘‘(1) $2,000,000 may be used for the development 

23 of regional research and action plans and the reports 

24 required under section 603B; 


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1 ‘‘(2) $3,000,000 may be used for the research and 

2 assessment activities related to marine and freshwater 

3 harmful algal blooms at the National Oceanic and At4 mospheric Administration research laboratories; 

5 ‘‘(3) $7,000,000 may be used to carry out the 

6 Ecology and Oceanography of Harmful Algal Blooms 

7 Program (ECOHAB); 

8 ‘‘(4) $4,500,000 may be used to carry out the 

9 Monitoring and Event Response for Harmful Algal 

10 Blooms Program (MERHAB); 

11 ‘‘(5) $1,500,000 may be used to carry out the 

12 Northern Gulf of Mexico Ecosystems and Hypoxia As13 sessment Program (NGOMEX); 

14 ‘‘(6) $4,000,000 may be used to carry out the 

15 Coastal Hypoxia Research Program (CHRP); 

16 ‘‘(7) $4,000,000 may be used to carry out the 

17 Prevention, Control, and Mitigation of Harmful Algal 

18 Blooms Program (PCM); 

19 ‘‘(8) $1,000,000 may be used to carry out the 

20 Event Response Program; and 

21 ‘‘(9) $3,000,000 may be used to carry out the In22 frastructure Program. 

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

24 Under Secretary shall ensure that a substantial portion of 

25 funds appropriated pursuant to subsection (a) that are used 


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1 for research purposes are allocated to extramural research 

2 activities.’’. 

3 SEC. 12. DEFINITIONS; CONFORMING AMENDMENT. 

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

5 after section 605 the following: 

6 ‘‘§ 605A. Definitions 

7 ‘‘In this title: 

8 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis9 trator’ means the Administrator of the National Oce10 anic and Atmospheric Administration. 

11 ‘‘(2) HARMFUL ALGAL BLOOM.—The term ‘harm12 ful algal bloom’ means marine and freshwater 

13 phytoplankton that proliferate to high concentrations, 

14 resulting in nuisance conditions or harmful impacts 

15 on marine and aquatic ecosystems, coastal commu16 nities, and human health through the production of 

17 toxic compounds or other biological, chemical, and 

18 physical impacts of the algae outbreak. 

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

20 condition where low dissolved oxygen in aquatic sys21 tems causes stress or death to resident organisms. 

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

23 National Harmful Algal Bloom and Hypoxia Pro24 gram established under section 603A. 


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1 ‘‘(5) REGIONAL RESEARCH AND ACTION PLAN.— 

2 The term ‘regional research and action plan’ means 

3 a plan established under section 603B. 

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

5 several States of the United States, the District of Co6 lumbia, the Commonwealth of Puerto Rico, the Virgin 

7 Islands, Guam, American Samoa, the Commonwealth 

8 of the Northern Mariana Islands, any other territory 

9 or possession of the United States, and any Indian 

10 tribe. 

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

12 means the Inter-Agency Task Force established by sec13 tion 603(a). 

14 ‘‘(8) UNDER SECRETARY.—The term ‘Under Sec15 retary’ means the Under Secretary of Commerce for 

16 Oceans and Atmosphere. 

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

18 term ‘United States coastal waters’ includes the Great 

19 Lakes.’’. 

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

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

22 Force’)’’. 

23 SEC. 13. APPLICATION WITH OTHER LAWS. 

24 The Act is amended by adding after section 606 the 

25 following: 


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

2 ‘‘Nothing in this title supersedes or limits the author3 ity of any agency to carry out its responsibilities and mis4 sions under other laws.’’. 


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Calendar No. 542 

112TH CONGRESS 

2D SESSION S. 1701 

[Report No. 112–237] 

A BILL 

To amend the Harmful Algal Blooms and Hypoxia 

purposes. Research and Control Act of 1998, and for other 

NOVEMBER 13, 2012 

Reported with an amendment 


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