II 

Calendar No. 512 

118TH CONGRESS 

2D SESSION S. 3348 

To amend the Harmful Algal Blooms and Hypoxia Research and Control 

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

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 27, 2023 

Mr. SULLIVAN (for himself, Ms. BALDWIN, Mr. BLUMENTHAL, Mr. KING, Mr. 

PETERS, Ms. MURKOWSKI, Mr. KENNEDY, Mr. MERKLEY, Mr. WICKER, 

Ms. COLLINS, Mr. PADILLA, Ms. BUTLER, Mr. WHITEHOUSE, Mr. CASSIDY, Mr. CORNYN, and Mr. COONS) introduced the following bill; which 

was read twice and referred to the Committee on Commerce, Science, and 

Transportation 

SEPTEMBER 17, 2024 

Reported by Ms. CANTWELL, 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 to address harmful algal 

blooms, and for other purposes. 

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


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1 SECTION 1. SHORT TITLE. 

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

3 and Hypoxia Research and Control Amendments Act of 

4 2023’’. 

5 SEC. 2. AMENDMENTS TO THE HARMFUL ALGAL BLOOMS 

6 AND HYPOXIA RESEARCH AND CONTROL ACT 

7 OF 1998. 

8 (a) ASSESSMENTS.— 

9 (1) IN GENERAL.—Section 603 of the Harmful 

10 Algal Blooms and Hypoxia Research and Control 

11 Act of 1998 (33 U.S.C. 4001) is amended— 

12 (A) in the section heading, by striking 

13 ‘‘ASSESSMENTS’’ and inserting ‘‘TASK

14 FORCE, ASSESSMENTS, AND ACTION

15 STRATEGY’’; 

16 (B) in subsection (a)— 

17 (i) by redesignating paragraphs (13) 

18 and (14) as paragraphs (14) and (15), re19 spectively; and 

20 (ii) by inserting after paragraph (12) 

21 the following: 

22 ‘‘(13) the Department of Energy;’’; 

23 (C) by striking subsections (b), (c), (d), 

24 (e), (g), (h), and (i) and redesignating sub25 section (f) as subsection (b); 

26 (D) in subsection (b), as so redesignated— 


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1 (i) in paragraph (1), in the first sen2 tence, by striking ‘‘coastal waters including 

3 the Great Lakes’’ and inserting ‘‘marine, 

4 estuarine, and freshwater systems’’; and 

5 (ii) in paragraph (2)— 

6 (I) by amending subparagraph 

7 (A) to read as follows: 

8 ‘‘(A) examine— 

9 ‘‘(i) the causes and ecological consequences 

10 of hypoxia on marine and aquatic species in 

11 their natural environments; and 

12 ‘‘(ii) the socio-cultural or economic costs of 

13 hypoxia, including impacts on food safety and 

14 security;’’; 

15 (II) by redesignating subpara16 graphs (B), (C), and (D) as subpara17 graphs (D), (E), and (F), respectively; 

18 (III) by inserting after subpara19 graph (A) the following: 

20 ‘‘(B) examine the effect of other environmental 

21 stressors on hypoxia; 

22 ‘‘(C) evaluate alternatives for reducing, miti23 gating, and controlling hypoxia and its environ24 mental impacts;’’; 


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1 (IV) in subparagraph (D), as re2 designated by subclause (II), by in3 serting ‘‘, social,’’ after ‘‘ecological’’; 

4 and 

5 (V) in subparagraph (E), as re6 designated by subclause (II), by strik7 ing ‘‘hypoxia modeling and monitoring 

8 data’’ and inserting ‘‘hypoxia mod9 eling, forecasting, and monitoring and 

10 observation data’’; and 

11 (E) by adding at the end the following: 

12 ‘‘(c) ACTION STRATEGY AND SCIENTIFIC ASSESS13 MENT FOR MARINE AND FRESHWATER HARMFUL ALGAL

14 BLOOMS.— 

15 ‘‘(1) IN GENERAL.—Not less frequently than 

16 once every 5 years, the Task Force shall complete 

17 and submit to Congress an action strategy for harm18 ful algal blooms in the United States. 

19 ‘‘(2) ELEMENTS.—Each Action Strategy 

20 shall— 

21 ‘‘(A) examine, and include a scientific as22 sessment of, marine and freshwater harmful 

23 algal blooms, including such blooms— 

24 ‘‘(i) in the Great Lakes and upper 

25 reaches of estuaries; 


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1 ‘‘(ii) in freshwater lakes and rivers; 

2 and 

3 ‘‘(iii) that originate in freshwater 

4 lakes or rivers and migrate to coastal 

5 waters; 

6 ‘‘(B) examine the causes, ecological con7 sequences, and economic or socio-cultural im8 pacts, including food safety and security, of 

9 harmful algal blooms; 

10 ‘‘(C) examine the effect of other environ11 mental stressors on harmful algal blooms; 

12 ‘‘(D) examine potential methods to pre13 vent, control, and mitigate harmful algal blooms 

14 and the potential ecological, social, cultural, and 

15 economic costs and benefits of such methods; 

16 ‘‘(E) identify priorities for research needed 

17 to advance techniques and technologies to de18 tect, predict, monitor, respond to, and minimize 

19 the occurrence, duration, and severity of harm20 ful algal blooms, including recommendations to 

21 eliminate significant gaps in harmful algal 

22 bloom forecasting, monitoring, and observation 

23 data; 

24 ‘‘(F) evaluate progress made by, and the 

25 needs of, activities and actions of the Task 


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1 Force to prevent, control, and mitigate harmful 

2 algal blooms; 

3 ‘‘(G) identify ways to improve coordination 

4 and prevent unnecessary duplication of effort 

5 among Federal agencies with respect to re6 search on harmful algal blooms; and 

7 ‘‘(H) include regional chapters relating to 

8 the requirements described in this paragraph in 

9 order to highlight geographically and eco10 logically diverse locations with significant eco11 logical, social, cultural, and economic impacts 

12 from harmful algal blooms. 

13 ‘‘(d) CONSULTATION.—In carrying out subsections 

14 (b) and (c), the Task Force shall consult with— 

15 ‘‘(1) States, Indian tribes, and local govern16 ments; and 

17 ‘‘(2) appropriate industries (including fisheries, 

18 agriculture, and fertilizer), academic institutions, 

19 and nongovernmental organizations with relevant ex20 pertise.’’. 

21 (2) CLERICAL AMENDMENT.—The table of con22 tents in section 2 of the Coast Guard Authorization 

23 Act of 1998 (Public Law 105–383; 112 Stat. 3412; 

24 136 Stat. 1268) is amended by striking the item re25 lating to section 603 and inserting the following: 

‘‘Sec. 603. Task Force, assessments, and Action Strategy.’’. 


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1 (3) CONFORMING AMENDMENT.—Section 102 

2 of the Harmful Algal Bloom and Hypoxia Amend3 ments Act of 2004 (33 U.S.C. 4001a) is amended 

4 by striking ‘‘In developing’’ and all that follows 

5 through ‘‘management.’’. 

6 (b) NATIONAL HARMFUL ALGAL BLOOM AND HY7 POXIA PROGRAM.—Section 603A of the Harmful Algal 

8 Blooms and Hypoxia Research and Control Act of 1998 

9 (33 U.S.C. 4002) is amended— 

10 (1) in subsection (a)— 

11 (A) in paragraph (1)— 

12 (i) by striking ‘‘predicting,’’ and in13 serting ‘‘monitoring, observing, fore14 casting,’’; and 

15 (ii) by striking ‘‘and’’ after the semi16 colon; and 

17 (B) by striking paragraph (2) and insert18 ing the following: 

19 ‘‘(2) the scientific assessment submitted under 

20 section 603(b); and 

21 ‘‘(3) the Action Strategy.’’; 

22 (2) in subsection (c)— 

23 (A) in paragraph (3), by striking ‘‘ocean 

24 and Great Lakes science and management pro25 grams and centers’’ and inserting ‘‘programs 


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1 and centers relating to the science and manage2 ment of marine, estuarine, and freshwater sys3 tems’’; and 

4 (B) in paragraph (5), by inserting ‘‘while 

5 recognizing each agency is acting under its own 

6 independent mission and authority’’ before the 

7 semicolon; 

8 (3) in subsection (d), by striking ‘‘Except as 

9 provided in subsection (h), the’’ and inserting 

10 ‘‘The’’; 

11 (4) in subsection (e)— 

12 (A) in the matter preceding paragraph (1), 

13 by inserting ‘‘(or the Administrator, as provided 

14 under subsection (g))’’ after ‘‘Under Sec15 retary’’; 

16 (B) by amending paragraph (2) to read as 

17 follows: 

18 ‘‘(2) examine, in collaboration with State and 

19 local entities and Indian tribes, including island 

20 communities, low-population rural communities, In21 digenous communities, subsistence communities, 

22 fisheries, and recreation industries that are most de23 pendent on coastal and water resources that may be 

24 impacted by marine and freshwater harmful algal 

25 blooms and hypoxia, the causes, ecological conVerDate Sep 11 2014 01:00 Sep 18, 2024 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S3348.RS S3348

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1 sequences, cultural impacts, and social and economic 

2 costs of harmful algal blooms and hypoxia;’’; 

3 (C) by striking paragraph (3); 

4 (D) by redesignating paragraphs (4), (5), 

5 and (6) as paragraphs (3), (4), and (5), respec6 tively; 

7 (E) in paragraph (3), as so redesignated, 

8 by striking ‘‘agencies’’ and inserting ‘‘entities, 

9 regional coastal observing systems (as defined 

10 in section 12303 of the Integrated Coastal and 

11 Ocean Observation System Act of 2009 (33 

12 U.S.C. 3602)),’’; 

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

14 subparagraph (D), by inserting ‘‘and commu15 nities’’ after ‘‘ecosystems’’; 

16 (G) by inserting after paragraph (5), as re17 designated by subparagraph (D), the following: 

18 ‘‘(6) support sustained observations, including 

19 through peer-reviewed, merit-based, competitive 

20 grant funding, to provide State and local entities, 

21 Indian tribes, and other entities access to real-time 

22 or near real-time observation data for decision-mak23 ing to protect human and ecological health and local 

24 economies;’’; 


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1 (H) in paragraph (8), by inserting ‘‘and 

2 Indian tribes’’ after ‘‘managers’’; and 

3 (I) in paragraph (9)(A), by striking ‘‘, trib4 al, and local stakeholders’’ and inserting ‘‘and 

5 local stakeholders and Indian tribes’’; 

6 (5) by amending subsections (f), (g), and (h) to 

7 read as follows: 

8 ‘‘(f) COOPERATION AND COORDINATION.—The 

9 Under Secretary shall— 

10 ‘‘(1) work cooperatively with and avoid duplica11 tion of effort of other agencies on the Task Force 

12 and States, Indian tribes, and nongovernmental or13 ganizations concerned with marine and freshwater 

14 issues; and 

15 ‘‘(2) coordinate harmful algal bloom and hy16 poxia and related activities and research with those 

17 entities. 

18 ‘‘(g) FRESHWATER AND ESTUARINE PROGRAM DU19 TIES.—The Administrator, in coordination with the Task 

20 Force, shall— 

21 ‘‘(1) carry out the duties under the Administra22 tor’s purview under subsection (e) for freshwater as23 pects of the Program through the activities required 

24 under section 603C; and 


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1 ‘‘(2) coordinate with the Under Secretary on es2 tuarine aspects of the Program through the activi3 ties required under this section. 

4 ‘‘(h) ANTI-DEFICIENCY ACT APPLIED TO HARMFUL

5 ALGAL BLOOM SERVICES.—Any services accepted by an 

6 officer or employee of the United States Government 

7 under this title relating to the development and dissemina8 tion of forecasts and bulletins through the Harmful Algal 

9 Bloom Operational Forecast System of the National Cen10 ters for Coastal Ocean Science and the National Oceanic 

11 and Atmospheric Administration shall be considered, for 

12 purposes of section 1342 of title 31, United States Code, 

13 services for an emergency involving the safety of human 

14 life or the protection of property. Such consideration shall 

15 apply only to services performed for areas with active 

16 harmful algal blooms during any lapse in appropriations 

17 beginning on or after the date of the enactment of the 

18 Harmful Algal Bloom and Hypoxia Research and Control 

19 Amendments Act of 2023.’’; and 

20 (6) by striking subsection (i). 

21 (c) NATIONAL OCEANIC AND ATMOSPHERIC ADMIN22 ISTRATION ACTIVITIES.— 

23 (1) IN GENERAL.—Section 603B of the Harm24 ful Algal Blooms and Hypoxia Research and Control 


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1 Act of 1998 (33 U.S.C. 4003) is amended to read 

2 as follows: 

3 ‘‘SEC. 603B. NATIONAL OCEANIC AND ATMOSPHERIC AD4 MINISTRATION ACTIVITIES. 

5 ‘‘(a) IN GENERAL.—The Under Secretary shall— 

6 ‘‘(1) carry out response activities for marine, 

7 coastal, and Great Lakes harmful algal bloom and 

8 hypoxia events; 

9 ‘‘(2) develop and enhance operational harmful 

10 algal bloom observing and forecasting programs, in11 cluding operational observations and forecasting, 

12 monitoring, modeling, data management, and infor13 mation dissemination; 

14 ‘‘(3) maintain and enhance peer-reviewed, 

15 merit-based, competitive grant funding relating to 

16 harmful algal blooms and hypoxia— 

17 ‘‘(A) to maintain and enhance baseline 

18 monitoring programs established by the Pro19 gram; 

20 ‘‘(B) to support the projects maintained 

21 and established by the Program; 

22 ‘‘(C) to address the research and manage23 ment needs and priorities identified in the Ac24 tion Strategy; 


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1 ‘‘(D) to accelerate the utilization of effec2 tive methods of intervention and mitigation to 

3 reduce the frequency, severity, and impacts of 

4 harmful algal bloom and hypoxia events; 

5 ‘‘(E) to identify opportunities to improve 

6 monitoring of harmful algal bloom and hypoxia, 

7 with a particular focus on coastal waters that 

8 may affect fisheries, public health, or subsist9 ence harvest; 

10 ‘‘(F) to examine the effects of other envi11 ronmental stressors on harmful algal blooms 

12 and hypoxia; 

13 ‘‘(G) to assess the effects of multiple envi14 ronmental stressors on living marine resources 

15 and coastal ecosystems; and 

16 ‘‘(H) to evaluate adaptation and mitigation 

17 strategies to address the impacts of harmful 

18 algal blooms and hypoxia; 

19 ‘‘(4) enhance communication and coordination 

20 among Federal agencies carrying out activities and 

21 research relating to marine and freshwater harmful 

22 algal bloom and hypoxia; 

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

24 existing resources and expertise available from local 

25 research universities and institutions; and 


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

2 this section. 

3 ‘‘(b) INTEGRATED COASTAL AND OCEAN OBSERVA4 TION SYSTEM.—The collection of monitoring and observ5 ing data under this section shall comply with all data 

6 standards and protocols developed pursuant to the Inte7 grated Coastal and Ocean Observation System Act of 

8 2009 (33 U.S.C. 3601 et seq.). Such data shall be made 

9 available through the National Integrated Coastal and 

10 Ocean Observation System established under section 

11 12304 of that Act (33 U.S.C. 3603).’’. 

12 (2) CLERICAL AMENDMENT.—The table of con13 tents in section 2 of the Coast Guard Authorization 

14 Act of 1998 (Public Law 105–383; 112 Stat. 3412; 

15 136 Stat. 1268) is amended by striking the item re16 lating to section 603B and inserting the following: 

‘‘Sec. 603B. National Oceanic and Atmospheric Administration activities.’’. 

17 (d) ENVIRONMENTAL PROTECTION AGENCY ACTIVI18 TIES.— 

19 (1) IN GENERAL.—The Harmful Algal Bloom 

20 and Hypoxia Research and Control Act of 1998 is 

21 amended by inserting after section 603B (33 U.S.C. 

22 4003) the following: 

23 ‘‘SEC. 603C. ENVIRONMENTAL PROTECTION AGENCY AC24 TIVITIES. 

25 ‘‘(a) IN GENERAL.—The Administrator shall— 


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1 ‘‘(1) carry out research on the ecology and 

2 human health impacts of freshwater harmful algal 

3 blooms and hypoxia events; 

4 ‘‘(2) develop and maintain forecasting and mon5 itoring of, and event response to, freshwater harmful 

6 algal blooms in lakes, rivers, estuaries (including 

7 tributaries thereof), and reservoirs; 

8 ‘‘(3) enhance communication and coordination 

9 among Federal agencies carrying out freshwater 

10 harmful algal bloom and hypoxia activities and re11 search; 

12 ‘‘(4) to the greatest extent practicable, leverage 

13 existing resources and expertise available at local re14 search universities and institutions; and 

15 ‘‘(5) use cost-effective methods in carrying out 

16 this section. 

17 ‘‘(b) NONDUPLICATION.—The Administrator shall 

18 ensure that activities carried out under subsection (a) 

19 focus on new approaches to addressing freshwater harmful 

20 algal blooms and are not duplicative of existing research 

21 and development programs authorized by this title or any 

22 other law.’’. 

23 (2) CLERICAL AMENDMENT.—The table of con24 tents in section 2 of the Coast Guard Authorization 

25 Act of 1998 (Public Law 105–383; 112 Stat. 3412; 


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1 136 Stat. 1268) is amended by inserting after the 

2 item relating to section 603B the following: 

‘‘Sec. 603C. Environmental Protection Agency activities.’’. 

3 (e) NATIONAL HARMFUL ALGAL BLOOM AND HY4 POXIA OBSERVING NETWORK.— 

5 (1) IN GENERAL.—Section 606 of the Harmful 

6 Algal Blooms and Hypoxia Research and Control 

7 Act of 1998 (33 U.S.C. 4005) is amended to read 

8 as follows: 

9 ‘‘SEC. 606. NATIONAL HARMFUL ALGAL BLOOM OBSERVING 

10 NETWORK. 

11 ‘‘(a) IN GENERAL.—The Under Secretary, acting 

12 through the National Centers for Coastal Ocean Science 

13 and the Integrated Ocean Observing System of the Na14 tional Oceanic and Atmospheric Administration, shall in15 tegrate Federal, State, regional, and local observing capa16 bilities to establish a national network of observing sys17 tems for the monitoring, detection, and forecasting of 

18 harmful algal blooms by leveraging the capacity of re19 gional associations of the Integrated Ocean Observing Sys20 tem, including through the incorporation of emerging tech21 nologies and new data integration methods, such as artifi22 cial intelligence. 

23 ‘‘(b) COORDINATION AND DATA ASSEMBLY.—In car24 rying out subsection (a), the Program Office of the Inte25 grated Ocean Observing System shall— 


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1 ‘‘(1) coordinate with the National Centers for 

2 Coastal Ocean Science regarding observations, data 

3 integration, and information dissemination; and 

4 ‘‘(2) establish a center for the assembly of data 

5 on harmful algal blooms to integrate, disseminate, 

6 and provide a central architecture to support ecologi7 cal forecasting.’’. 

8 (2) CLERICAL AMENDMENT.—The table of con9 tents in section 2 of the Coast Guard Authorization 

10 Act of 1998 (Public Law 105–383; 112 Stat. 3412; 

11 136 Stat. 1268) is amended by striking the item re12 lating to section 606 and inserting the following: 

‘‘Sec. 606. National harmful algal bloom observing network.’’. 

13 (f) NATIONAL-LEVEL INCUBATOR PROGRAM.— 

14 (1) IN GENERAL.—The Harmful Algal Blooms 

15 and Hypoxia Research and Control Act of 1998 is 

16 amended by inserting after section 606 (33 U.S.C. 

17 4005) the following: 

18 ‘‘SEC. 606A. NATIONAL-LEVEL INCUBATOR PROGRAM. 

19 ‘‘(a) IN GENERAL.—The Under Secretary, in collabo20 ration with the Administrator and research universities 

21 and institutions, shall establish a national-level incubator 

22 program (in this section referred to as the ‘program’) to 

23 increase the number of strategies, technologies, and meas24 ures available to prevent, mitigate, and control harmful 

25 algal blooms. 


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1 ‘‘(b) FRAMEWORK.—The program shall establish a 

2 framework for preliminary assessments of novel strategies, 

3 technologies, and measures to prevent, mitigate, and con4 trol harmful algal blooms in order to determine the poten5 tial effectiveness and scalability of such technologies. 

6 ‘‘(c) FUNDING.—The program shall provide merit7 based funding, using amounts otherwise available to the 

8 Under Secretary for the award of grants, for strategies, 

9 technologies, and measures that eliminate or reduce, 

10 through biological, chemical, or physical means, the levels 

11 of harmful algae and associated toxins resulting from 

12 harmful algal blooms. 

13 ‘‘(d) DATABASE.—The program shall include a data14 base for cataloging the licensing and permitting require15 ments, economic costs, feasibility, effectiveness, and 

16 scalability of novel and established strategies, tech17 nologies, and measures to prevent, mitigate, and control 

18 harmful algal blooms. 

19 ‘‘(e) PRIORITIZATION.—In carrying out the program, 

20 the Under Secretary shall prioritize proposed strategies, 

21 technologies, and measures that would, to the maximum 

22 extent practicable— 

23 ‘‘(1) protect key habitats for fish and wildlife; 

24 ‘‘(2) maintain biodiversity; 

25 ‘‘(3) protect public health; 


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1 ‘‘(4) protect coastal resources of national, his2 torical, and cultural significance; or 

3 ‘‘(5) benefit low-income communities, Indian 

4 tribes or Indigenous communities, and rural commu5 nities.’’. 

6 (2) CLERICAL AMENDMENT.—The table of con7 tents in section 2 of the Coast Guard Authorization 

8 Act of 1998 (Public Law 105–383; 112 Stat. 3412; 

9 136 Stat. 1268) is amended by inserting after the 

10 item relating to section 606 the following: 

‘‘Sec. 606A. National-level incubator program.’’. 

11 (g) DEFINITIONS.—Section 609 of the Harmful Algal 

12 Blooms and Hypoxia Research and Control Act of 1998 

13 (33 U.S.C. 4008) is amended— 

14 (1) in paragraph (1), by striking ‘‘means the 

15 comprehensive research plan and action strategy es16 tablished under section 603B’’ and inserting ‘‘means 

17 the action strategy for harmful algal blooms in the 

18 United States most recently submitted under section 

19 603(c)’’; 

20 (2) by amending paragraph (3) to read as fol21 lows: 

22 ‘‘(3) HARMFUL ALGAL BLOOM.—The term 

23 ‘harmful algal bloom’ means a high concentration of 

24 marine or freshwater algae or macroalgae, including 

25 Sargassum, resulting in nuisance conditions or 


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1 harmful impacts on marine and freshwater eco2 systems, communities, or human health through the 

3 production of toxic compounds or other biological, 

4 chemical, or physical impacts of the algae out5 break.’’; 

6 (3) by striking paragraph (9); 

7 (4) by redesignating paragraphs (4), (5), (6), 

8 (7), and (8) as paragraphs (6), (7), (8), (10), and 

9 (11), respectively; 

10 (5) by inserting after paragraph (3) the fol11 lowing: 

12 ‘‘(4) HARMFUL ALGAL BLOOM AND HYPOXIA

13 EVENT.—The term ‘harmful algal bloom and hy14 poxia event’ means the occurrence of a harmful algal 

15 bloom or hypoxia as a result of a natural, anthropo16 genic, or undetermined cause. 

17 ‘‘(5) INDIAN TRIBE.—The term ‘Indian tribe’ 

18 has the meaning given that term in section 4 of the 

19 Indian Self-Determination and Education Assistance 

20 Act (25 U.S.C. 5304).’’; 

21 (6) in paragraph (6), as redesignated by para22 graph (4)— 

23 (A) by striking ‘‘aquatic’’ and inserting 

24 ‘‘marine or freshwater’’; and 


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1 (B) by striking ‘‘resident’’ and inserting 

2 ‘‘marine or freshwater’’; and 

3 (7) by inserting after paragraph (8), as redesig4 nated by paragraph (4), the following: 

5 ‘‘(9) SUBSISTENCE USE.—The term ‘subsist6 ence use’ means the customary and traditional use 

7 of fish, wildlife, or other freshwater, coastal, or ma8 rine resources by any individual or community to 

9 meet personal or family needs, including essential 

10 economic, nutritional, or cultural applications.’’. 

11 (h) AUTHORIZATION OF APPROPRIATIONS.—Sub12 section (a) of section 610 of the Harmful Algal Blooms 

13 and Hypoxia Research and Control Act of 1998 (33 

14 U.S.C. 4009) is amended to read as follows: 

15 ‘‘(a) IN GENERAL.—There is authorized to be appro16 priated to carry out this title, for each of fiscal years 2024 

17 through 2028— 

18 ‘‘(1) $19,500,000 to the Under Secretary; and 

19 ‘‘(2) $8,000,000 to the Administrator.’’. 

20 SEC. 3. OTHER HARMFUL ALGAL BLOOM MATTERS. 

21 (a) HARMFUL ALGAL BLOOM OR HYPOXIA EVENT OF

22 NATIONAL SIGNIFICANCE.—Section 9(g) of the National 

23 Integrated Drought Information System Reauthorization 

24 Act of 2018 (33 U.S.C. 4010(g)) is amended— 


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1 (1) in paragraph (1), by adding at the end the 

2 following: 

3 ‘‘(D) CONTRACT, GRANT, AND COOPERA4 TIVE AGREEMENT AUTHORITY.—The Under 

5 Secretary of Commerce for Oceans and Atmos6 phere may enter into agreements and grants 

7 with States, Indian Tribes, local governments, 

8 or other entities to pay for or reimburse costs 

9 incurred by such entities for the purposes of 

10 supporting the determination of, and assessing 

11 the environmental, economic, social, subsistence 

12 use, and public health effects of, a harmful 

13 algal bloom or hypoxia event of national signifi14 cance.’’; 

15 (2) in paragraph (2)(A), by inserting ‘‘, a lead16 ership official of an affected Indian Tribe, the execu17 tive official of the District of Columbia, or the exec18 utive official of an affected territory or possession of 

19 the United States,’’ after ‘‘State’’; and 

20 (3) by adding at the end the following: 

21 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

22 There is authorized to be appropriated to carry out 

23 this subsection $2,000,000 for each of fiscal years 

24 2024 through 2028, to remain available until ex25 pended.’’. 


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1 (b) PROTECT FAMILIES FROM TOXIC ALGAL

2 BLOOMS.—Section 128 of the Water Resources Develop3 ment Act of 2020 (33 U.S.C. 610 note; division AA of 

4 Public Law 116–260) is amended— 

5 (1) by redesignating subsection (e) as sub6 section (f); and 

7 (2) by inserting after subsection (d) the fol8 lowing: 

9 ‘‘(e) HARMFUL ALGAL BLOOM TECHNOLOGIES.—In 

10 carrying out the demonstration program under subsection 

11 (a), the Secretary may enter into agreements with water 

12 and irrigation districts located in the focus areas described 

13 in subsections (c) and (d) for the use or sale of any new 

14 technologies developed under the demonstration program 

15 to expedite the removal of harmful algal blooms in those 

16 areas.’’. 

17 SECTION 1. SHORT TITLE. 

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

19 and Hypoxia Research and Control Amendments Act of 

20 2024’’. 

21 SEC. 2. AMENDMENTS TO THE HARMFUL ALGAL BLOOMS 

22 AND HYPOXIA RESEARCH AND CONTROL ACT 

23 OF 1998. 

24 (a) ASSESSMENTS.— 


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1 (1) IN GENERAL.—Section 603 of the Harmful 

2 Algal Blooms and Hypoxia Research and Control Act 

3 of 1998 (33 U.S.C. 4001) is amended— 

4 (A) in the section heading, by striking ‘‘AS5 SESSMENTS’’ and inserting ‘‘TASK FORCE, 

6 ASSESSMENTS, AND ACTION STRATEGY’’; 

7 (B) in subsection (a)— 

8 (i) by redesignating paragraphs (13) 

9 and (14) as paragraphs (14) and (15), re10 spectively; and 

11 (ii) by inserting after paragraph (12) 

12 the following: 

13 ‘‘(13) the Department of Energy;’’; 

14 (C) by striking subsections (b), (c), (d), (e), 

15 (g), (h), and (i) and redesignating subsection (f) 

16 as subsection (b); 

17 (D) in subsection (b), as so redesignated— 

18 (i) in paragraph (1), in the first sen19 tence, by striking ‘‘coastal waters including 

20 the Great Lakes’’ and inserting ‘‘marine, es21 tuarine, and freshwater systems’’; and 

22 (ii) in paragraph (2)— 

23 (I) by amending subparagraph 

24 (A) to read as follows: 

25 ‘‘(A) examine— 


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1 ‘‘(i) the causes and ecological con2 sequences of hypoxia on marine and aquatic 

3 species in their environments; and 

4 ‘‘(ii) the costs of hypoxia, including 

5 impacts on food safety and security;’’; 

6 (II) by redesignating subpara7 graphs (B), (C), and (D) as subpara8 graphs (D), (E), and (F), respectively; 

9 (III) by inserting after subpara10 graph (A) the following: 

11 ‘‘(B) examine the effect of other environ12 mental stressors on hypoxia; 

13 ‘‘(C) evaluate alternatives for reducing, 

14 mitigating, and controlling hypoxia and its en15 vironmental impacts;’’; 

16 (IV) in subparagraph (D), as re17 designated by subclause (II), by insert18 ing ‘‘, social,’’ after ‘‘ecological’’; and 

19 (V) in subparagraph (E), as re20 designated by subclause (II), by strik21 ing ‘‘hypoxia modeling and monitoring 

22 data’’ and inserting ‘‘hypoxia mod23 eling, forecasting, and monitoring and 

24 observation data’’; and 

25 (E) by adding at the end the following: 


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1 ‘‘(c) ACTION STRATEGY AND SCIENTIFIC ASSESSMENT

2 FOR MARINE AND FRESHWATER HARMFUL ALGAL

3 BLOOMS.— 

4 ‘‘(1) IN GENERAL.—Not less frequently than once 

5 every 5 years, the Task Force shall complete and sub6 mit to Congress an action strategy for harmful algal 

7 blooms in the United States. 

8 ‘‘(2) ELEMENTS.—Each Action Strategy shall— 

9 ‘‘(A) examine, and include a scientific as10 sessment of, marine and freshwater harmful 

11 algal blooms, including such blooms— 

12 ‘‘(i) in the Great Lakes; 

13 ‘‘(ii) in the upper reaches of estuaries; 

14 ‘‘(iii) in freshwater lakes and rivers; 

15 ‘‘(iv) in coastal and marine waters; 

16 and 

17 ‘‘(v) that originate in freshwater lakes 

18 or rivers and migrate to coastal waters; 

19 ‘‘(B) examine the causes, ecological con20 sequences or physiological consequences on fish 

21 function, and economic or socio-cultural impacts, 

22 including food safety and security, of harmful 

23 algal blooms; 

24 ‘‘(C) examine the effect of other environ25 mental stressors on harmful algal blooms; 


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1 ‘‘(D) examine potential methods to prevent, 

2 control, and mitigate harmful algal blooms and 

3 the potential ecological, social, cultural, and eco4 nomic costs and benefits of such methods; 

5 ‘‘(E) identify priorities for research needed 

6 to advance techniques and technologies to detect, 

7 predict, monitor, respond to, and minimize the 

8 occurrence, duration, and severity of harmful 

9 algal blooms, including recommendations to 

10 eliminate significant gaps in harmful algal 

11 bloom forecasting, monitoring, and observation 

12 data; 

13 ‘‘(F) evaluate progress made by, and the 

14 needs of, activities and actions of the Task Force 

15 to prevent, control, and mitigate harmful algal 

16 blooms; 

17 ‘‘(G) identify ways to improve coordination 

18 and prevent unnecessary duplication of effort 

19 among Federal agencies with respect to research 

20 on harmful algal blooms; and 

21 ‘‘(H) include regional chapters relating to 

22 the requirements described in this paragraph in 

23 order to highlight geographically and ecologically 

24 diverse locations with significant ecological, soVerDate Sep 11 2014 01:00 Sep 18, 2024 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6203 E:\BILLS\S3348.RS S3348

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1 cial, cultural, and economic impacts from harm2 ful algal blooms. 

3 ‘‘(d) CONSULTATION.—In carrying out subsections (b) 

4 and (c), the Task Force shall consult with— 

5 ‘‘(1) States, Indian tribes, and local govern6 ments; and 

7 ‘‘(2) appropriate industries (including fisheries, 

8 agriculture, and fertilizer), academic institutions, and 

9 nongovernmental organizations with relevant exper10 tise.’’. 

11 (2) CLERICAL AMENDMENT.—The table of con12 tents in section 2 of the Coast Guard Authorization 

13 Act of 1998 (Public Law 105–383; 112 Stat. 3412; 

14 136 Stat. 1268) is amended by striking the item re15 lating to section 603 and inserting the following: 

‘‘Sec. 603. Task Force, assessments, and Action Strategy.’’. 

16 (3) CONFORMING AMENDMENT.—Section 102 of 

17 the Harmful Algal Bloom and Hypoxia Amendments 

18 Act of 2004 (33 U.S.C. 4001a) is amended by striking 

19 ‘‘In developing’’ and all that follows through ‘‘man20 agement.’’. 

21 (b) NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA

22 PROGRAM.—Section 603A of the Harmful Algal Blooms 

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

24 4002) is amended— 

25 (1) in subsection (a)— 


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1 (A) in paragraph (1)— 

2 (i) by striking ‘‘predicting,’’ and in3 serting ‘‘monitoring, observing, fore4 casting,’’; and 

5 (ii) by striking ‘‘and’’ after the semi6 colon; and 

7 (B) by striking paragraph (2) and inserting 

8 the following: 

9 ‘‘(2) the scientific assessment submitted under 

10 section 603(b); and 

11 ‘‘(3) the Action Strategy.’’; 

12 (2) in subsection (c)— 

13 (A) in paragraph (3), by striking ‘‘ocean 

14 and Great Lakes science and management pro15 grams and centers’’ and inserting ‘‘programs 

16 and centers relating to the science and manage17 ment of marine, estuarine, and freshwater sys18 tems’’; and 

19 (B) in paragraph (5), by inserting ‘‘while 

20 recognizing each agency is acting under its own 

21 independent mission and authority’’ before the 

22 semicolon; 

23 (3) in subsection (d), by striking ‘‘Except as pro24 vided in subsection (h), the’’ and inserting ‘‘The’’; 

25 (4) in subsection (e)— 


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1 (A) by striking paragraph (2) and inserting 

2 the following: 

3 ‘‘(2) examine the causes, ecological consequences, 

4 and costs of harmful algal blooms and hypoxia;’’; 

5 (B) in paragraph (3)— 

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

7 ‘‘, including the annual Gulf of Mexico hy8 poxia zone mapping cruise’’ after ‘‘Pro9 gram’’; 

10 (ii) in subparagraph (C), by striking 

11 ‘‘and’’ after the semicolon; and 

12 (iii) by adding at the end the fol13 lowing: 

14 ‘‘(E) to identify opportunities to improve 

15 monitoring of harmful algal blooms and hy16 poxia, with a particular focus on waters that 

17 may affect fisheries, public health, or subsistence 

18 harvest; 

19 ‘‘(F) to evaluate adaptation and mitigation 

20 strategies to address the impacts of harmful algal 

21 blooms and hypoxia; 

22 ‘‘(G) to support the resilience of the seafood 

23 industry to harmful algal blooms and to expand 

24 access to testing for harmful algal bloom toxins, 

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1 vesters, through innovative methods that increase 

2 the efficiency and effectiveness of such testing in 

3 rural and remote areas; 

4 ‘‘(H) to support sustained observations to 

5 provide State and local entities, Indian tribes, 

6 and other entities access to real-time or near 

7 real-time observations data for decision-making 

8 to protect human and ecological health and local 

9 economies; and 

10 ‘‘(I) to assess the combined effects of harm11 ful algal blooms, hypoxia, and stressors such as 

12 runoff and infrastructure changes on marine, 

13 freshwater, or estuarine ecosystems and living re14 sources;’’; 

15 (C) in paragraph (4), by striking ‘‘agen16 cies’’ and inserting ‘‘entities, regional coastal ob17 serving systems (as defined in section 12303 of 

18 the Integrated Coastal and Ocean Observation 

19 System Act of 2009 (33 U.S.C. 3602)),’’; 

20 (D) in paragraph (6), by inserting ‘‘and 

21 communities’’ after ‘‘ecosystems’’; 

22 (E) in paragraph (8), by inserting ‘‘and In23 dian tribes’’ after ‘‘managers’’; 

24 (F) in paragraph (9)(A), by striking ‘‘, 

25 tribal, and local stakeholders’’ and inserting 


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1 ‘‘and local stakeholders and Indian tribes, Tribal 

2 organizations, and Native Hawaiian organiza3 tions’’; 

4 (G) by redesignating paragraphs (3), (4), 

5 (5), (6), (7), (8), (9), (10), and (11) as para6 graphs (4), (5), (6), (7), (8), (9), (10), (12), and 

7 (13), respectively; 

8 (H) by inserting after paragraph (2) the 

9 following: 

10 ‘‘(3) consult with entities that are most depend11 ent on coastal and water resources that may be im12 pacted by marine and freshwater harmful algal 

13 blooms and hypoxia, including— 

14 ‘‘(A) State and local entities; 

15 ‘‘(B) Indian tribes, Tribal organizations, 

16 and Native Hawaiians organizations; 

17 ‘‘(C) island communities; 

18 ‘‘(D) low-population rural communities; 

19 ‘‘(E) subsistence communities; and 

20 ‘‘(F) fisheries and recreation industries;’’; 

21 and 

22 (I) by inserting after paragraph (10), as re23 designated by subparagraph (G), the following: 

24 ‘‘(11) expand access to testing for harmful algal 

25 bloom toxins, including for subsistence and recVerDate Sep 11 2014 01:00 Sep 18, 2024 Jkt 049200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6203 E:\BILLS\S3348.RS S3348

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1 reational harvesters, through innovative methods that 

2 increase the efficiency and effectiveness of such testing 

3 in rural and remote areas;’’; 

4 (5) by amending subsections (f) to read as fol5 lows: 

6 ‘‘(f) COOPERATION; DUPLICATION OF EFFORT.—The 

7 Under Secretary shall work cooperatively with and avoid 

8 duplication of effort of other agencies on the Task Force and 

9 States, Indian tribes, Tribal organizations, Native Hawai10 ian organizations, and nongovernmental organizations con11 cerned with marine and freshwater issues.’’; and 

12 (6) by striking subsection (g), (h), and (i). 

13 (c) NATIONAL OCEANIC AND ATMOSPHERIC ADMINIS14 TRATION ACTIVITIES.— 

15 (1) IN GENERAL.—Section 603B of the Harmful 

16 Algal Blooms and Hypoxia Research and Control Act 

17 of 1998 (33 U.S.C. 4003) is amended to read as fol18 lows: 

19 ‘‘SEC. 603B. NATIONAL OCEANIC AND ATMOSPHERIC AD20 MINISTRATION ACTIVITIES. 

21 ‘‘(a) IN GENERAL.—The Under Secretary shall— 

22 ‘‘(1) carry out response activities for marine, 

23 coastal, and Great Lakes harmful algal bloom and hy24 poxia events; 


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1 ‘‘(2) develop and enhance operational harmful 

2 algal bloom observing and forecasting programs, in3 cluding operational observations and forecasting, 

4 monitoring, modeling, data management, and infor5 mation dissemination; 

6 ‘‘(3) develop forecast modeling that includes the 

7 effect of hurricanes and other weather events on the 

8 resuspension of bioavailable nutrients in sediments 

9 and related interactions with harmful algal blooms; 

10 ‘‘(4) enhance communication and coordination 

11 among Federal agencies carrying out activities and 

12 research relating to marine and freshwater harmful 

13 algal bloom and hypoxia; 

14 ‘‘(5) leverage existing resources and expertise 

15 available from local research universities and institu16 tions; and 

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

18 this section. 

19 ‘‘(b) INTEGRATED COASTAL AND OCEAN OBSERVATION

20 SYSTEM.—The collection of monitoring and observing data 

21 under this section shall comply with all data standards and 

22 protocols developed pursuant to the Integrated Coastal and 

23 Ocean Observation System Act of 2009 (33 U.S.C. 3601 et 

24 seq.). Such data shall be made available through the Na25 tional Integrated Coastal and Ocean Observation System 


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1 established under section 12304 of that Act (33 U.S.C. 

2 3603).’’. 

3 (2) CLERICAL AMENDMENT.—The table of con4 tents in section 2 of the Coast Guard Authorization 

5 Act of 1998 (Public Law 105–383; 112 Stat. 3412; 

6 136 Stat. 1268) is amended by striking the item re7 lating to section 603B and inserting the following: 

‘‘Sec. 603B. National Oceanic and Atmospheric Administration activities.’’. 

8 (d) ENVIRONMENTAL PROTECTION AGENCY ACTIVI9 TIES.— 

10 (1) IN GENERAL.—The Harmful Algal Bloom 

11 and Hypoxia Research and Control Act of 1998 is 

12 amended by inserting after section 603B (33 U.S.C. 

13 4003) the following: 

14 ‘‘SEC. 603C. ENVIRONMENTAL PROTECTION AGENCY AC15 TIVITIES. 

16 ‘‘(a) IN GENERAL.—The Administrator shall— 

17 ‘‘(1) carry out research on the ecology and 

18 human health impacts of freshwater harmful algal 

19 blooms and hypoxia events; 

20 ‘‘(2) develop and enhance operational freshwater 

21 harmful algal bloom monitoring, observing, and fore22 casting programs in lakes, rivers, and reservoirs, and 

23 coordinate with the National Oceanic and Atmos24 pheric Administration on such programs in the Great 

25 Lakes and estuaries (including tributaries thereof), 


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1 including operational observations and forecasting, 

2 monitoring, modeling, data management, and infor3 mation dissemination, to support event response, 

4 prioritization, prevention, adaptation, and mitiga5 tion activities; 

6 ‘‘(3) enhance communication and coordination 

7 among Federal agencies carrying out freshwater 

8 harmful algal bloom and hypoxia activities and re9 search; 

10 ‘‘(4) to the greatest extent practicable, leverage 

11 existing resources and expertise available from Fed12 eral and State partners and local research univer13 sities and institutions; and 

14 ‘‘(5) use cost-effective methods in carrying out 

15 this section. 

16 ‘‘(b) NONDUPLICATION.—The Administrator shall en17 sure that activities carried out under subsection (a) focus 

18 on new approaches to addressing freshwater harmful algal 

19 blooms and are not duplicative of existing research and de20 velopment programs authorized by this title or any other 

21 law.’’. 

22 (2) CLERICAL AMENDMENT.—The table of con23 tents in section 2 of the Coast Guard Authorization 

24 Act of 1998 (Public Law 105–383; 112 Stat. 3412; 


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1 136 Stat. 1268) is amended by inserting after the 

2 item relating to section 603B the following: 

‘‘Sec. 603C. Environmental Protection Agency activities.’’. 

3 (e) NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA

4 OBSERVING NETWORK.— 

5 (1) IN GENERAL.—Section 606 of the Harmful 

6 Algal Blooms and Hypoxia Research and Control Act 

7 of 1998 (33 U.S.C. 4005) is amended to read as fol8 lows: 

9 ‘‘SEC. 606. NATIONAL HARMFUL ALGAL BLOOM OBSERVING 

10 NETWORK. 

11 ‘‘(a) IN GENERAL.—The Under Secretary, acting 

12 through the National Centers for Coastal Ocean Science and 

13 the Integrated Ocean Observing System of the National Oce14 anic and Atmospheric Administration, shall integrate Fed15 eral, State, regional, and local observing capabilities to es16 tablish a national network of observing systems for the mon17 itoring, detection, and forecasting of harmful algal blooms 

18 by leveraging the capacity of regional associations of the 

19 Integrated Ocean Observing System, including through the 

20 incorporation of emerging technologies and new data inte21 gration methods. 

22 ‘‘(b) COORDINATION AND DATA ASSEMBLY.—In car23 rying out subsection (a), the Program Office of the Inte24 grated Ocean Observing System shall— 


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1 ‘‘(1) coordinate with the National Centers for 

2 Coastal Ocean Science regarding observations, data 

3 integration, and information dissemination; 

4 ‘‘(2) organize, integrate, disseminate, and pro5 vide a central architecture to support ecological fore6 casting of harmful algal blooms; and 

7 ‘‘(3) coordinate with the Water Quality Portal to 

8 store and serve discrete data related to the monitoring 

9 of freshwater, estuarine, and coastal harmful algal 

10 blooms.’’. 

11 (2) CLERICAL AMENDMENT.—The table of con12 tents in section 2 of the Coast Guard Authorization 

13 Act of 1998 (Public Law 105–383; 112 Stat. 3412; 

14 136 Stat. 1268) is amended by striking the item re15 lating to section 606 and inserting the following: 

‘‘Sec. 606. National harmful algal bloom observing network.’’. 

16 (f) NATIONAL-LEVEL INCUBATOR PROGRAM.— 

17 (1) IN GENERAL.—The Harmful Algal Blooms 

18 and Hypoxia Research and Control Act of 1998 is 

19 amended by inserting after section 606 (33 U.S.C. 

20 4005) the following: 

21 ‘‘SEC. 606A. NATIONAL-LEVEL INCUBATOR PROGRAM. 

22 ‘‘(a) IN GENERAL.—The Under Secretary, in collabo23 ration with the Administrator and research universities 

24 and institutions, shall establish a national-level incubator 

25 program (in this section referred to as the ‘program’) to 


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1 increase the number of strategies, technologies, and meas2 ures available to prevent, mitigate, and control harmful 

3 algal blooms. 

4 ‘‘(b) FRAMEWORK.—The program shall establish a 

5 framework for preliminary assessments of novel strategies, 

6 technologies, and measures to prevent, mitigate, and control 

7 harmful algal blooms in order to determine the potential 

8 effectiveness and scalability of such technologies. 

9 ‘‘(c) FUNDING.—The program shall provide merit10 based funding, using amounts otherwise available to the 

11 Under Secretary for the award of grants, for strategies, 

12 technologies, and measures that eliminate or reduce, 

13 through biological, chemical, or physical means, the levels 

14 of harmful algae and associated toxins resulting from harm15 ful algal blooms. 

16 ‘‘(d) DATABASE.—The program shall include a data17 base for cataloging the licensing and permitting require18 ments, economic costs, feasibility, effectiveness, and 

19 scalability of novel and established strategies, technologies, 

20 and measures to prevent, mitigate, and control harmful 

21 algal blooms. 

22 ‘‘(e) PRIORITIZATION.—In carrying out the program, 

23 the Under Secretary shall prioritize proposed strategies, 

24 technologies, and measures that would, to the maximum ex25 tent practicable— 


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1 ‘‘(1) protect key habitats for fish and wildlife; 

2 ‘‘(2) maintain biodiversity; 

3 ‘‘(3) protect public health; 

4 ‘‘(4) protect coastal resources of national, histor5 ical, and cultural significance; or 

6 ‘‘(5) benefit low-income communities, Indian 

7 tribes, and rural communities.’’. 

8 (2) CLERICAL AMENDMENT.—The table of con9 tents in section 2 of the Coast Guard Authorization 

10 Act of 1998 (Public Law 105–383; 112 Stat. 3412; 

11 136 Stat. 1268) is amended by inserting after the 

12 item relating to section 606 the following: 

‘‘Sec. 606A. National-level incubator program.’’. 

13 (g) DEFINITIONS.—Section 609 of the Harmful Algal 

14 Blooms and Hypoxia Research and Control Act of 1998 (33 

15 U.S.C. 4008) is amended— 

16 (1) in paragraph (1), by striking ‘‘means the 

17 comprehensive research plan and action strategy es18 tablished under section 603B’’ and inserting ‘‘means 

19 the action strategy for harmful algal blooms in the 

20 United States most recently submitted under section 

21 603(c)’’; 

22 (2) by amending paragraph (3) to read as fol23 lows: 

24 ‘‘(3) HARMFUL ALGAL BLOOM.—The term ‘harm25 ful algal bloom’ means a high concentration of maVerDate Sep 11 2014 01:00 Sep 18, 2024 Jkt 049200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6203 E:\BILLS\S3348.RS S3348

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1 rine or freshwater algae (including diatoms), 

2 macroalgae (including Sargassum), or cyanobacteria 

3 resulting in nuisance conditions or harmful impacts 

4 on marine and freshwater ecosystems, subsistence re5 sources, communities, or human health through the 

6 production of toxic compounds or other biological, 

7 chemical, or physical impacts of the bloom.’’; 

8 (3) by striking paragraph (9); 

9 (4) by redesignating paragraphs (4), (5), (6), 

10 (7), and (8) as paragraphs (5), (8), (9), (11), and 

11 (13), respectively; 

12 (5) by inserting after paragraph (3) the fol13 lowing: 

14 ‘‘(4) HARMFUL ALGAL BLOOM AND HYPOXIA

15 EVENT.—The term ‘harmful algal bloom and hypoxia 

16 event’ means the occurrence of a harmful algal bloom 

17 or hypoxia as a result of a natural, anthropogenic, or 

18 undetermined cause.’’; 

19 (6) in paragraph (5), as redesignated by para20 graph (4)— 

21 (A) by striking ‘‘aquatic’’ and inserting 

22 ‘‘marine or freshwater’’; and 

23 (B) by striking ‘‘resident’’ and inserting 

24 ‘‘marine or freshwater’’; 


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1 (7) by inserting after paragraph (5), as redesig2 nated by paragraph (4), the following: 

3 ‘‘(6) INDIAN TRIBE.—The term ‘Indian tribe’ has 

4 the meaning given that term in section 4 of the In5 dian Self-Determination and Education Assistance 

6 Act (25 U.S.C. 5304). 

7 ‘‘(7) NATIVE HAWAIIAN ORGANIZATION.—The 

8 term ‘Native Hawaiian organization’ has the mean9 ing given that term in section 6207 of the Elementary 

10 and Secondary Education Act of 1965 (20 U.S.C. 

11 7517) and includes the Department of Hawaiian 

12 Home Lands and the Office of Hawaiian Affairs.’’; 

13 (8) by inserting after paragraph (9), as redesig14 nated by paragraph (4), the following: 

15 ‘‘(10) SUBSISTENCE USE.—The term ‘subsistence 

16 use’ means the customary and traditional use of fish, 

17 wildlife, or other freshwater, coastal, or marine re18 sources by any individual or community to meet per19 sonal or family needs, including essential economic, 

20 nutritional, or cultural applications.’’; and 

21 (9) by inserting after paragraph (11), as redesig22 nated by paragraph (4), the following: 

23 ‘‘(12) TRIBAL ORGANIZATION.—The term ‘Tribal 

24 organization’ has the meaning given that term in secVerDate Sep 11 2014 01:00 Sep 18, 2024 Jkt 049200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6203 E:\BILLS\S3348.RS S3348

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1 tion 4 of the Indian Self-Determination and Edu2 cation Assistance Act (25 U.S.C. 5304).’’. 

3 (h) AUTHORIZATION OF APPROPRIATIONS.—Section 

4 610 of the Harmful Algal Blooms and Hypoxia Research 

5 and Control Act of 1998 (33 U.S.C. 4009) is amended— 

6 (1) by amending subsection (a) to read as fol7 lows: 

8 ‘‘(a) IN GENERAL.—There is authorized to be appro9 priated to carry out this title, for each of fiscal years 2025 

10 through 2029— 

11 ‘‘(1) $19,500,000 to the Under Secretary; and 

12 ‘‘(2) $8,000,000 to the Administrator.’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(c) TRANSFER AUTHORITY.—The Under Secretary or 

15 the Administrator may make a direct non-expenditure 

16 transfer of funds authorized to be appropriated pursuant 

17 to subsection (a) to the head of any Federal department or 

18 agency, with the concurrence of such head, to carry out, 

19 as appropriate, relevant provisions of this title and section 

20 9(g) of the National Integrated Drought Information Sys21 tem Reauthorization Act of 2018 (33 U.S.C. 4010).’’. 

22 SEC. 3. OTHER HARMFUL ALGAL BLOOM MATTERS. 

23 Section 9(g) of the National Integrated Drought Infor24 mation System Reauthorization Act of 2018 (33 U.S.C. 

25 4010) is amended— 


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1 (1) in paragraph (1)— 

2 (A) in subparagraph (B), by adding at the 

3 end the following new sentence: ‘‘The appropriate 

4 Federal official may waive the non-Federal share 

5 requirements of the preceding sentence if such of6 ficial determines no reasonable means are avail7 able through which the recipient of the Federal 

8 share can meet the non-Federal share require9 ment.’’; and 

10 (B) by adding at the end the following: 

11 ‘‘(D) CONTRACT, COOPERATIVE AGREEMENT, 

12 AND GRANT AUTHORITY.—The appropriate Fed13 eral official may enter into contracts, cooperative 

14 agreements, and grants with States, Indian 

15 Tribes, Tribal organizations, Native Hawaiian 

16 organizations, local governments, or other enti17 ties to pay for or reimburse costs incurred by 

18 such entities for the purposes of supporting the 

19 determination of, and assessing the environ20 mental, economic, social, subsistence use, and 

21 public health effects of, a harmful algal bloom or 

22 hypoxia event of national significance.’’; 

23 (2) in paragraph (2)— 

24 (A) in subparagraph (A), by inserting ‘‘a 

25 leadership official of an affected Indian Tribe, 


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1 the executive official of the District of Columbia, 

2 or the executive official of an affected territory or 

3 possession of the United States,’’ after ‘‘State,’’; 

4 and 

5 (B) in subparagraph (B), by striking ‘‘con6 sider’’ and all that follows through ‘‘boundary.’’ 

7 and inserting ‘‘consider factors such as— 

8 ‘‘(i) the risk to public health and the 

9 potential severity of the detrimental envi10 ronmental effects of the harmful algal bloom 

11 or hypoxia event, as indicated by— 

12 ‘‘(I) data on shellfish or water 

13 quality obtained through sampling 

14 programs, including baseline data, and 

15 regulatory or advisory thresholds estab16 lished to explain management actions 

17 related to the event; 

18 ‘‘(II) toxin levels in fish, marine 

19 mammals, seabirds, shellfish, or water 

20 during the event; 

21 ‘‘(III) toxic aerosols produced dur22 ing the event, including potential 

23 human exposures to toxic aerosols; 


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1 ‘‘(IV) reports of human or animal 

2 illnesses or mortalities during the 

3 event; 

4 ‘‘(V) any closures of fishing or 

5 shellfish harvesting locations or rec6 reational public waters, including 

7 beaches, during the event; 

8 ‘‘(VI) the duration and spatial ex9 tent of the event; or 

10 ‘‘(VII) impacts to habitats or eco11 systems associated with the event; 

12 ‘‘(ii) the potential economic, social, 

13 and subsistence impacts associated with the 

14 harmful algal bloom or hypoxia event, in15 cluding to fisheries and aquaculture, recre16 ation and tourism, monitoring and man17 agement, social or cultural resource use, and 

18 event response activities, assessed in com19 parison with historical data from when a 

20 State or region did not experience such an 

21 event, as possible, as indicated by— 

22 ‘‘(I) increases in public health ex23 penditures; 

24 ‘‘(II) losses to commercial fisheries 

25 and aquaculture industries, recreation 


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47 

•S 3348 RS

1 and tourism, real estate, and other im2 pacted industries or businesses; 

3 ‘‘(III) increases in monitoring 

4 and management expenditures, includ5 ing costs incurred for event response 

6 and clean-up (such as for beach clean7 up following an influx of biomass or a 

8 fish-kill) by public or private sectors; 

9 or 

10 ‘‘(IV) impacts to subsistence re11 sources, including nutritional, cultural, 

12 and economic effects on subsistence 

13 communities; 

14 ‘‘(iii) the relative magnitude of those 

15 impacts in relation to past occurrences of 

16 harmful algal bloom or hypoxia events that 

17 occur on a recurrent or annual basis; and 

18 ‘‘(iv) the geographic scope of the harm19 ful algal bloom or hypoxia event, including 

20 the potential of the event to affect several 

21 municipalities, to affect more than 1 State, 

22 or to cross an international boundary.’’; 

23 (3) in paragraph (3), by adding at the end the 

24 following: 


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48 

•S 3348 RS

1 ‘‘(D) INDIAN TRIBE.—The term ‘Indian 

2 Tribe’ has the meaning given that term in sec3 tion 4 of the Indian Self-Determination and 

4 Education Assistance Act (25 U.S.C. 5304). 

5 ‘‘(E) NATIVE HAWAIIAN ORGANIZATION.— 

6 The term ‘Native Hawaiian organization’ has 

7 the meaning given that term in section 6207 of 

8 the Elementary and Secondary Education Act of 

9 1965 (20 U.S.C. 7517) and includes the Depart10 ment of Hawaiian Home Lands and the Office 

11 of Hawaiian Affairs. 

12 ‘‘(F) TRIBAL ORGANIZATION.—The term 

13 ‘Tribal organization’ has the meaning given that 

14 term in section 4 of the Indian Self-Determina15 tion and Education Assistance Act (25 U.S.C. 

16 5304).’’; and 

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

18 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

19 There is authorized to be appropriated to carry out 

20 this subsection $2,000,000 for each of fiscal years 

21 2025 through 2029, to remain available until ex22 pended.’’. 


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Calendar No. 512 

118TH CONGRESS 

2D SESSION S. 3348 

A BILL 

To amend the Harmful Algal Blooms and Hypoxia 

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

SEPTEMBER 17, 2024 

Reported with an amendment 


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