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[Senate Report 111-125]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 271
111th Congress                                                   Report
  2d Session                  SENATE                            111-125                                                                _______________________________________________________________________
 
 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

               [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                     

                February 4, 2010.--Ordered to be printed

                               ----------
                         U.S. GOVERNMENT PRINTING OFFICE 

89-010 PDF                       WASHINGTON : 2010 

       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                     one hundred eleventh congress
                             second session

            JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii             KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts         OLYMPIA J. SNOWE, Maine
BYRON L. DORGAN, North Dakota        JOHN ENSIGN, Nevada
BARBARA BOXER, California            JIM DeMINT, South Carolina
BILL NELSON, Florida                 JOHN THUNE, South Dakota
MARIA CANTWELL, Washington           ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey      GEORGE S. LeMIEUX, Florida
MARK PRYOR, Arkansas                 JOHNNY ISAKSON, Georgia
CLAIRE McCASKILL, Missouri           DAVID VITTER, Louisiana
AMY KLOBUCHAR, Minnesota             SAM BROWNBACK, Kansas
TOM UDALL, Colorado                  MIKE JOHANNS, Nebraska
MARK WARNER, Virginia
MARK BEGICH, Alaska
                     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

                                                       Calendar No. 271
111th Congress                                                   Report
  2d Session                   SENATE                           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

                                 REPORT

                         [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.

                          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 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 resource 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 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 
fiscal 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 appropriation 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 APPROPRIATIONSpending Under Current Law:a
    Budget Authority/                  12               30                0                0                0                0                  42
     Authorization Level....
    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                       0                5                5                5                5                5                  25
         Authorization Level
        Estimated Outlays...            0                3                4                5                5                5                  22
        Subtotal:
            Estimated                   0               15               45               45               45               45                 195
             Authorization
             Level..........
            Estimated                   0               10               32               40               44               45                 171
             Outlays........
Spending Under S. 952:
    Budget Authority/                  12               45               45               45               45               45                 237
     Estimated Authorization
     Level..................
    Estimated Outlays.......           12               30               38               44               44               45                213
--------------------------------------------------------------------------------------------------------------------------------------------------------
aThe 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 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.

                      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 consisting of 
representative experts intended to provide recommendations 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 
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 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;
          [(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 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, 
        observing, 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 
        Hypoxia 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 hypoxia 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 addressed 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 marine 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;
          (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 organization, State, tribal, and 
                local government, commercial organization, or 
                Federal agency that meets the requirements of 
                this section and such other requirements as are 
                established by the Secretary; and
                  (B) with respect to nongovernmental 
                organizations, an organization 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 non-
        governmental 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.
          (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 peer-reviewed, 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
                  (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 the economic costs, of 
                harmful algal blooms with significant 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 and departments with 
                respect to research on harmful algal blooms.
  (i) National Scientific Research, Development, Demonstration, 
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--
          (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, 
        forecasting, 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, regional, 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.
          (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;
          (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 the critical observations, monitoring, 
                modeling, data management, 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 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 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 
        proliferate 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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