U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

39–010 

" ! SENATE 113TH CONGRESS

1st Session 

REPORT

2013

113–121 

Calendar No. 248 

HARMFUL ALGAL BLOOMS AND HYPOXIA 

RESEARCH AND CONTROL AMENDMENTS 

ACT OF 2013 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 1254 

NOVEMBER 18, 2013.—Ordered to be printed 


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SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED THIRTEENTH CONGRESS

FIRST SESSION

JOHN D. ROCKEFELLER IV, West Virginia, Chairman 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

MARK PRYOR, Arkansas 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

MARK WARNER, Virginia 

MARK BEGICH, Alaska 

RICHARD BLUMENTHAL, Connecticut 

BRIAN SCHATZ, Hawaii 

ED MARKEY, Massachusetts 

CORY BOOKER, New Jersey 

JOHN THUNE, South Dakota 

ROGER F. WICKER, Mississippi 

ROY BLUNT, Missouri 

MARCO RUBIO, Florida 

KELLY AYOTTE, New Hampshire 

DEAN HELLER, Nevada 

DAN COATS, Indiana 

TIM SCOTT, South Carolina 

TED CRUZ, Texas 

DEB FISCHER, Nebraska 

RON JOHNSON, Wisconsin 

ELLEN DONESKI, Staff Director 

JOHN WILLIAMS, General Counsel 

DAVID SCHWIETERT, Republican Staff Director 

NICK ROSSI, Republican Deputy Staff Director 

REBECCA SEIDEL, Republican General Counsel 


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Calendar No. 248 

113TH CONGRESS REPORT " ! SENATE 1st Session 113–121 

HARMFUL ALGAL BLOOMS AND HYPOXIA RESEARCH AND 

CONTROL AMENDMENTS ACT OF 2013 

NOVEMBER 18, 2013.—Ordered to be printed 

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

Transportation, submitted the following 

R E P O R T 

[To accompany S. 1254] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 1254) to amend the Harmful Algal 

Blooms and Hypoxia Research and Control Act of 1998, and for 

other purposes, having considered the same, reports favorably 

thereon without amendment, and recommends that the bill do 

pass. 

PURPOSE OF THE BILL

The purpose of S. 1254 is to reauthorize and amend the Harmful 

Algal Blooms and Hypoxia Research and Control Act of 1998 

(HABHRCA) to promote and coordinate a national research strategy for improving the understanding and prevention of marine and 

freshwater harmful algal blooms (HABs) and hypoxia events. 

BACKGROUND AND NEEDS

HARMFUL ALGAL BLOOMS

Algal blooms occur when environmental conditions promote the 

rapid growth of large numbers of single-celled marine algae, also 

known as phytoplankton. Excess nutrient inputs, changes in temperature or amounts of light, and turbulence in the water column 

are all known to influence the creation of algal blooms. While algal 

blooms occur naturally, they are increasing in frequency and intensity due to human activities. Blooms have been linked to increasing 

nutrient availability via agricultural and municipal (sewage) runoff, and through the transport of exotic species into an area. These 

blooms often discolor the water and are sometimes known as ‘‘red 

tides’’ or ‘‘brown tides.’’ HABs occur when some or all of the 


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phytoplankton in the bloom produce toxins that are harmful to humans, fish, invertebrates, and other marine organisms. Some species of algae known to produce toxins include: Alexandrium spp., 

primarily in New England; Pfiesteria spp. in the Mid-Atlantic; 

Karena spp. in the Gulf of Mexico; Pseudo-nitzschia spp., which 

produces the neurotoxin domoic acid, on the West Coast; and Heterosigma spp. in the Pacific Northwest. In addition to producing 

toxins, HABs may have negative impacts by clogging or lacerating 

fishes’ gills, by rapidly depleting the available oxygen in a given 

area thereby ‘‘suffocating’’ fish and other marine life, or by blocking 

the sunlight that may be available to aquatic plants beneath the 

bloom. 

HYPOXIA

In aquatic systems, hypoxia refers to a situation where the concentration of dissolved oxygen is reduced to less than 2 to 3 parts 

per million. Hypoxic areas frequently occur in coastal and estuarine 

areas where rivers bring freshwater to the ocean. This freshwater 

is less dense than the underlying seawater, which reduces mixing 

of the various water layers, effectively ‘‘capping’’ the subsurface, saline (salty) water. The freshwater runoff is often heavily laden with 

nutrients from agricultural operations, wastewater treatment plant 

discharges, urban runoff, and atmospheric deposition, among other 

sources. The excess nutrients present in the freshwater runoff act 

as fertilizer and stimulate the rapid growth of algae at the sea surface. When this explosive growth has consumed all of the available 

nutrients, the algae die en masse. As the dead algae sink to the 

seafloor they are decomposed by oxygen-consuming bacteria that 

proliferate in response to increased dead matter on which to feed. 

If the bacteria consume most of the available oxygen in the water, 

a ‘‘dead zone’’ develops. 

Anoxia is the term for the most extreme case of hypoxia wherein 

all available oxygen in the seawater is consumed by bacteria. Animals that are able to swim away to higher-oxygen waters are less 

affected by dead zones. However, animals that are non-motile or 

that move too slowly to escape hypoxic or anoxic waters, such as 

shellfish, are particularly negatively affected. Storms and tides 

may mix the hypoxic bottom water and the aerated surface water, 

ameliorating the severity of the hypoxia. However, in the absence 

of such mixing, hypoxic conditions may persist for long periods of 

time. 

In recent decades, large areas of hypoxia have occurred in the 

Gulf of Mexico, along the Oregon coast, and in the Chesapeake 

Bay. The most notable dead zone in U.S. waters is located in the 

Gulf of Mexico. This dead zone has been detected annually since 

the 1970s and has since grown in extent since that time to encompass an area as large as the State of Connecticut. 

GEOGRAPHIC DISTRIBUTION AND ECONOMIC IMPACTS

HABs and hypoxic events cause significant impacts to the Na- tion’s economy. Nationally, commercial fisheries annually lose $38 

million as a result of these events. In addition, the public health 

cost of human illness is estimated at $37 million annually. Recreation and tourism impacts are roughly $4 million per year, and the 

cost of coastal monitoring and management is $3 million per year. 

Yet, these are likely conservative estimates due, in part, to a lack 


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of information about individual events, un-quantified economic effects of environmental impacts, and a lack of documentation of 

socio-economic impacts such as increased reliance on social services, decreased recreational opportunities, and changes in livelihoods. Woods Hole Oceanographic Institution’s HABs expert Dr. 

Don Anderson has estimated the economic impact of HABs to be 

in the billions. 

At the regional level, HABs and hypoxic events are known to affect all regions of the country. Recent Alexandrium (‘‘red tide’’) outbreaks in New England in 2005, 2006, and 2008 resulted in the closure of shellfish beds in Maine, New Hampshire, and Massachusetts and fish kills in Rhode Island. The 2005 red tide event alone 

cost the region approximately $23 million in lost shellfish sales. A 

significantly more severe outbreak in 2009 forced the closure of 97 

percent of Maine’s 89,000 acres of inshore shellfish habitat and 100 

percent of the ocean quahog beds. The economic impacts of the 

2009 bloom are estimated in the tens of millions of dollars in 

Maine alone. 

Outbreaks of Karena brevis (also called red tide) can impact fish, 

birds, marine mammals, as well as people living or working near 

the water. Impacts from these blooms typically exceed $19 million, 

up to $32 million annually. A particularly bad event in Florida in 

1971 cost the State nearly $100 million, primarily impacting the 

tourism industry. While these events typically occur in the eastern 

portion of the Gulf of Mexico, they are also known to occur in Texas 

and Louisiana. A 2001 Karena bloom brought shellfish closures, 

fish kills, and lost tourism that cost Galveston County in Texas 

alone nearly $10 million. In 2011, Texas experienced its worst red 

tide in a decade. 

Outbreaks of Pfiesteria-like organisms in the Chesapeake Bay 

and its tributaries resulted in a collapse of the seafood industry in 

1997. The loss to commercial watermen, charter-boat operators, 

seafood dealers, and seafood restaurants was approximately $43 

million. There were also significant public health concerns as many 

people became ill due to exposure to Pfiesteria. 

In the Pacific Northwest, high levels of domoic acid in razor 

clams, oysters, and Dungeness crabs (which can result in the serious illness called ‘‘amnesic shellfish poisoning’’ if consumed) cost 

Washington State at least $10 million to $12 million in lost revenue in 2002 and 2003. Annually, these fisheries contribute $72 

million to the Washington economy and are important not only to 

commerce, but to recreational anglers and harvesters as well as 

local tribes. Thus any disruption to these fisheries, even short disruptions, can have significant impacts on Washington State. 

In Hawaii, algal blooms along the north shore of Maui are a recurring problem adversely impacting coral reefs and local aesthetics. Due to a decrease in real estate values, reduced hotel occupancy rates, and increased clean-up costs, these blooms potentially 

cost Hawaii more than $20 million annually. Continued algal 

blooms are projected to cost the State an additional $16 million annually over the next several decades. 

Even Alaska is not immune from the effects of HABs as evidenced by the 2009 appearance of an ‘‘Arctic blob’’, a dark, floating 

mass that stretched for miles through the Chuckchi Sea. Originally 


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1 Jewett, E.B., Lopez, C.B., Dortch, Q., Etheridge, S.M, Backer, L.C. 2008. Harmful Algal 

Bloom Management and Response: Assessment and Plan. Interagency Working Group on Harmful Algal Blooms, Hypoxia, and Human Health of the Joint Subcommittee on Ocean Science and 

Technology. Washington, D.C. 2Mississippi River/Gulf of Mexico Watershed Nutrient Task Force. 2008. Gulf Hypoxia Action 

Plan 2008 for Reducing, Mitigating, and Controlling Hypoxia in the Northern Gulf of Mexico 

and Improving Water Quality in the Mississippi River Basin. Washington, D.C. 3Lopez, C.B., Jewett, E.B., Dortch, Q., Walton, B.T., Hudnell, H.K. 2008. Scientific Assessment of Freshwater Harmful Algal Blooms. Interagency Working Group on Harmful Algal 

Blooms, Hypoxia, and Human Health of the Joint Subcommittee on Ocean Science and Technology. Washington, D.C. 4Lopez, C.B., Dortch, Q., Jewett, E.B., Garrison, D. 2008. Scientific Assessment of Marine 

Harmful Algal Blooms. Interagency Working Group on Harmful Algal Blooms, Hypoxia, and 

Human Health of the Joint Subcommittee on Ocean Science and Technology. Washington, D.C. 

thought to be an oil spill, this ‘‘fibrous, hairy goo’’ was positively 

identified as a massive bloom of algae. 

CONGRESSIONALLY-MANDATED REPORTS

HABHRCA and the Harmful Algal Bloom and Hypoxia Amendments Act of 2004 (2004 Act) required submission to Congress of 

numerous reports intended to outline progress made in HAB and 

hypoxia research and to recommend future actions that could enhance national capabilities to handle these conditions. Those reports are summarized in the following paragraphs. 

Harmful Algal Bloom Management & Response: Assessment and Plan1

This report, released in September 2008, details the considerable 

progress made due to Federal efforts with regard to HAB prediction and response. However, the report also outlines several opportunities for additional advancement. These include: (1) advances 

in monitoring, prediction, and control of HABs; (2) more coordinated, comprehensive event response capabilities; (3) improved coordination between Federal agencies rather than relying on informal partnerships; and (4) increased social science research to optimize effectiveness and efficiency of coordinated approaches. 

Gulf Hypoxia Action Plan 2008 2

The 2008 Action Plan was issued by the Mississippi River/Gulf 

of Mexico Watershed Nutrient Task Force originally convened as a 

result of HABHRCA, and is an example of the regional assessments called for in the 2004 Act. This 2008 Action Plan reflects the 

Task Force’s efforts to track progress, update the science, and 

adapt actions to improve the effectiveness of Task Force efforts 

throughout the Mississippi River Basin. 

Scientific Assessment of Freshwater Harmful Algal Blooms 3

This 2008 report outlines the following priorities for freshwater 

HAB research and response: (1) improve methods for detecting 

HAB cells and toxins; (2) improve understanding of HAB toxin uptake, metabolism, and health effects in humans and animals; (3) 

improve human health and ecological risk assessments; (4) improve 

knowledge of bloom occurrence through better monitoring; (5) improve bloom prediction; (6) develop HAB prevention and control 

methods; and (7) improve HAB research and response infrastructure. 

Scientific Assessment of Marine Harmful Algal Blooms 4

This 2008 report is organized into five major thematic areas; (1) 

understanding HAB causes and controls and developing predictive 

models; (2) developing detection methods for cells and toxins; (3) 

characterizing toxins and toxin impacts; (4) HAB impacts on food 


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5 HAB RDDTT. 2008. Harmful Algal Bloom Research, Development, Demonstration, and Technology Transfer National Workshop Report. Dortch, Q., Anderson, D.M., Ayres, D.L., Glibert, 

P.M. (Eds)., Woods Hole, Massachusetts. 6 Committee on Environment and Natural Resources. 2010. Scientific Assessment of Hypoxia 

in U.S. Coastal Waters. Interagency Working Group on Harmful Algal Blooms, Hypoxia, and 

Human Health of the Joint Subcommittee on Ocean Science and Technology. Washington, D.C. 

webs and fisheries; and (5) assessing public health, economic, and 

socio-cultural impacts. Based on the findings, the report recommends: continuing basic research to help develop strategies and 

tools for improved HAB management; greater coordination between 

biological and social science research programs; more rapid transfer 

of technology from the research phase to the operational phase; and 

a combination of extramural and intramural competitive and noncompetitive research aimed at meeting the multiple goals of HAB 

management. 

Harmful Algal Bloom Research, Development, Demonstration, & Technology Transfer (HAB RDDTT) National Workshop Report 5

This 2008 report outlines steps that need to be taken with regard 

to: prevention, control, and mitigation (PCM); event response; and 

improvements in core infrastructure. The report also recommends 

implementation of these steps in a series of phases. It recommends 

legislative changes that would be necessary for full implementation, and it outlines the benefits of full implementation of the 

RDDTT program. 

Scientific Assessment of Hypoxia in U.S. Coastal Waters 6

This 2010 HABHRCA report assesses the problem of hypoxia in 

our Nation’s coastal ocean and estuarine waters, and describes recent advances made by Federal agencies to improve scientific understanding of hypoxia and our ability to manage and prevent 

these events. The report draws from the contributions of Federal 

agencies as well as previous reports and planning efforts that involved experts and stakeholders from Federal, State and local governments, and academia, industry, and non-governmental organizations. 

SUMMARY OF PROVISIONS

The Harmful Algal Blooms and Hypoxia Research and Control 

Amendments Act of 2013 would reauthorize the program from 2014 

through 2018. The bill would establish a national HAB/Hypoxia 

Program at the National Oceanic and Atmospheric Administration 

(NOAA), which will be responsible for: 

• promoting a national strategy to help communities understand, predict, control and mitigate freshwater and marine 

HAB and hypoxia events; 

• enhancing, coordinating, and assessing the activities of existing HABs and hypoxia programs; 

• providing for development of a comprehensive research 

plan and action strategy; and 

• requiring an assessment and plan for Great Lakes HABs 

and hypoxia. 

This bill would authorize $20.5 million to be appropriated for 

each of the fiscal years 2014 through 2018 to implement the program and the action strategy. Of these appropriations, the new section 610(b) of the HABHRCA would require the Secretary of ComVerDate Mar 15 2010 02:21 Nov 20, 2013 Jkt 039010 PO 00000 Frm 00007 Fmt 6659 Sfmt 6601 E:\HR\OC\SR121.XXX SR121

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merce to ensure a substantial portion is allocated to extramural research activities. 

LEGISLATIVE HISTORY

S. 1254 was introduced on June 27, 2013, by Senator Nelson, and 

is cosponsored by Senators Portman, Begich, Rockefeller, 

Blumenthal, King, Cardin, Cantwell, Landrieu, Wicker and 

Merkley. S. 1254 would reauthorize and update the research programs established in HABHRCA, originally enacted in 1998 and 

last reauthorized in 2004. 

Legislation to reauthorize HABHRCA was reported by the Committee by unanimous consent in the 111th and the 112th Congresses, but was never considered by the full Senate. S. 1254 includes significant changes from similar legislation previously considered by the Committee, reflecting the interests of the sponsors, 

current programmatic needs, and declining budget trends. 

On July 30, 2013, the Committee met in open executive session 

and, by voice vote, ordered S. 1254 reported without amendment. 

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: 

S. 1254—Harmful Algal Blooms and Hypoxia Research and Control 

Amendments Act of 2013 

Summary: S. 1254 would reauthorize and modify the Harmful 

Algal Bloom and Hypoxia Research and Control Act of 1998. The 

bill would authorize the appropriation of $20.5 million annually 

over the 2014–2018 period for the National Oceanic and Atmospheric Administration (NOAA) to mitigate the effects of harmful 

algal blooms and hypoxia (reduced oxygen level) in certain bodies 

of water. 

Assuming appropriation of the authorized amounts, CBO estimates that implementing the legislation would cost $92 million 

over the 2014–2018 period and $11 million after 2018. Enacting S. 

1254 would not affect direct spending or revenues; therefore, payas-you-go procedures do not apply. 

S. 1254 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA). 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 1254 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— 

2014 2015 2016 2017 2018 2014- 

2018 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Authorization Level ....................................................................... 21 21 21 21 21 103 

Estimated Outlays ........................................................................ 13 17 20 21 21 92 

Note: Amounts may not sum to totals because of rounding. 

Basis of estimate: For this estimate, CBO assumes that the legislation will be enacted near the end of fiscal year 2013 and that the 


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authorized amounts will be appropriated for each fiscal year. Estimated outlays are based on historical spending patterns for similar 

NOAA activities. 

S. 1254 would authorize the appropriation of about $21 million 

a year over the 2014–2018 period for certain NOAA activities related to mitigating the effects of harmful algal blooms and hypoxia 

in coastal waters and the Great Lakes. Those activities include providing grants, conducting research, preparing reports, and overseeing an interagency task force. Over the 2008–2012 period, 

NOAA spent about $18 million a year on similar activities. Assuming appropriation of the authorized amounts, CBO estimates that 

implementing the legislation would cost $92 million over the 2014– 

2018 period and $11 million after 2018. 

Pay-As-You-Go considerations: None. 

Intergovernmental and private-sector impact: S. 1254 contains no 

intergovernmental or private-sector mandates as defined in UMRA. 

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

State, Local, and Tribal Governments: Melissa Merrell; 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 bill does not authorize any new regulations and therefore 

will not subject any individuals or businesses to new regulations. 

ECONOMIC IMPACT

The bill authorizes $20.5 million for each of fiscal years 2014 

through 2018, less than amounts authorized in the past for the 

same program, but greater than appropriations in fiscal years 2007 

through 2012 (not adjusted for inflation). These amounts are not 

expected to have an inflationary impact on the Nation’s economy. 

Improving the prediction and prevention of HAB events is likely to 

have a modest positive economic impact on the Nation’s economy. 

PRIVACY

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

PAPERWORK

This bill would establish a national harmful algal bloom and hypoxia program, and would require the development of a comprehensive research plan and action strategy. It would require several reports to Congress regarding the task force’s action plans, including 

for the Gulf of Mexico and Great Lakes regions, and updates on the 

progress of the program in the years following the initiation of the 

program. 


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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. 

This section would provide that the Act be cited as the Harmful 

Algal Blooms and Hypoxia Research and Control Amendments Act 

of 2013. 

Section 2. References to the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998. 

Section 2 would specify that any reference in this Act 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. Interagency Task Force on Harmful Algal Blooms and 

Hypoxia. 

This section would add the Centers for Disease Control (CDC) to 

the list of agencies represented on the Task Force. 

Section 4. National Harmful Algal Bloom and Hypoxia Program. 

This section would establish a national HAB and hypoxia program, and require the development of a comprehensive research 

plan and action strategy. 

This section would direct the Task Force to periodically review 

and revise the program. It would specify the Task Force’s role with 

respect to the program, including to expedite interagency review 

processes, review funding distribution, and promote the development of new technologies to address HABs and hypoxia. 

This section would give NOAA, through the Task Force, primary 

responsibility for administering the program, except for the freshwater aspects of the program, which would be carried out in coordination with the Administrator of the EPA. This section would require the Under Secretary of Commerce for Oceans and Atmosphere (Under Secretary) to: 

(1) promote the program; 

(2) prepare work and spending plans; 

(3) administer merit-based, competitive grant funding; 

(4) coordinate with regional, State, tribal, and local government agencies and programs; 

(5) coordinate with the Secretary of State on international efforts; 

(6) identify additional research, development and demonstration needs; 

(7) integrate, coordinate and augment existing education programs; 

(8) facilitate and provide resources for training State and 

local coastal and water resource managers; 

(9) support regional efforts to control and mitigate outbreaks; 


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(10) convene at least one meeting of the Task Force each 

year; and 

(11) perform other tasks delegated by the Task Force. 

This section would direct the Under Secretary to: maintain and 

enhance existing competitive programs at NOAA relating to HABs 

and hypoxia; carry out marine and Great Lakes HABs and hypoxia 

response activities; establish new programs and infrastructure as 

necessary; enhance communication and coordination among Federal agencies carrying out marine and freshwater HAB and hypoxia activities and research; leverage existing resources and expertise; and increase availability of resources to appropriate public 

and private entities. This section would direct the Under Secretary 

to work cooperatively and avoid duplication with other programs, 

agencies, and entities. 

Finally, this section would require that all data collection and 

monitoring under this title comply with the data standards and 

protocols of the Integrated Coastal and Ocean Observation System 

Act of 2009 (33 U.S.C. 3601 et seq.) and be made available through 

the integrated ocean observing system. 

Section 5. Comprehensive Research Plan and Action Strategy. 

This section would direct the Under Secretary, via the Task 

Force, to develop a comprehensive research plan and action strategy to address marine and freshwater HABs and hypoxia, and to 

submit the plan and action strategy to Congress within one year 

of the date of enactment of this Act. This section would require the 

Action Strategy to identify: specific program activities associated 

with a timeline; roles and responsibilities for each Federal agency 

in the Task Force; and region- and subregion specific research 

needs. With respect to the regional focus of the Action Strategy, 

this section would require that the Action Strategy identify: regional research priorities; needed research, development, and demonstration activities; methods for reducing the duration and intensity of HABs and hypoxia; ways to address the human health impacts of HABs and hypoxia; mechanisms to protect affected ecosystems; ways to better share data among government and nongovernment entities; ways to improve public dissemination of information about HABs and hypoxia; and roles for Federal Agencies to 

play in implementing the Action Strategy. 

This section would require that, in developing the Action Strategy, the Under Secretary use existing research, assessments, reports, and program activities, and further that the Under Secretary 

coordinate with State, tribal, and regional officials, including water 

managers, public health officials, economists, industries, and other 

stakeholders. 

This section would require the Action Strategy to be published in 

the Federal Register and revised as necessary. 

Section 6. Reporting. 

This section would require that, two years after the submission 

of the Action Strategy, the Under Secretary report to Congress on 

the proceedings of the Task Force meetings, activities carried out 

under the program and the budget for those activities, progress 

made under the Action Strategy, and any need to revise or terminate program activities. 


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Section 7. Northern Gulf of Mexico Hypoxia. 

This section would direct the Administrator of the EPA and the 

Mississippi River/Gulf of Mexico Watershed Nutrient Task Force to 

submit a progress report to Congress describing the progress toward attainment of the goals of the Gulf Hypoxia Action Plan 2008. 

The initial progress report would be due within one year of the 

date of enactment of this Act, and updates would be due every two 

years thereafter. 

Section 8. Great Lakes Hypoxia and Harmful Algal Blooms. 

This section would require the Task Force to submit to Congress 

and the President, within 18 months of the date of enactment, an 

integrated assessment to describe the causes, consequences, and 

approaches for reducing HABs and hypoxia in the Great Lakes. 

This section would also require, within two years of the date of enactment, the Task Force to develop and submit to Congress a research plan based on the aforementioned integrated assessment. 

This section would require the research plan to address issues such 

as monitoring needs, budgetary requirements and timelines, model 

development and verification, and quantification of the ecological 

and economic effects of HABs and hypoxia in the Great Lakes. Finally, this section would require that the research plan be developed in consultation with a number of stakeholders, leverage existing activities and information, and be published in the Federal 

Register, and would require biennial progress reports on the research plan. 

Section 9. Application with other Laws. 

This section would ensure that nothing in this Act would supersede or limit the authority of any agency to carry out its responsibilities and missions under other laws. 

Section 10. Definitions; Conforming Amendment. 

This section would define the following terms: ‘‘Action Strategy’’ 

means the comprehensive research plan and action strategy established under section 603B of HABHRCA; ‘‘Administrator’’ means 

the Administrator of the EPA; ‘‘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 breakout; ‘‘Hypoxia’’ means a condition where low dissolved oxygen in aquatic 

systems causes stress or death to resident organisms; ‘‘Program’’ 

means the national harmful algal bloom and hypoxia program established under section 603A of HABHRCA; ‘‘State’’ means each of 

the several States of the United States, the District of Columbia, 

the Commonwealth of Puerto Rico, the Virgin Islands, Guam, 

American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States, 

and any Indian tribe; ‘‘Task Force’’ means the Interagency Task 

Force established by section 603(a) of HABHRCA; ‘‘Under Secretary’’ means the Under Secretary of Commerce for Oceans and 

Atmosphere (i.e., Administrator of NOAA); and ‘‘United States 

Coastal Waters’’ includes the Great Lakes. 


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Section 11. Interagency Financing. 

This section would allow agencies represented on the Task Force 

to participate in interagency financing to carry out administrative 

or programmatic project or activity under HABHRCA. 

Section 12. Authorization of Appropriations. 

This section authorizes $20.5 million to be appropriated for each 

of the fiscal years 2014 through 2018 to implement the program 

and the action strategy. Of these appropriations, this section would 

require the Under Secretary to ensure a ‘‘substantial portion’’ shall 

be allocated to extramural research activities. 

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] 

SEC. 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; 


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(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. 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 

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

Force shall consist of øthe following representatives from¿ a representative from— 

(1) the Department of Commerce (who shall serve as Chairman of the Task Force); 

(2) the Environmental Protection Agency; 

(3) the Department of Agriculture; 

(4) the Department of the Interior; 

(5) the Department of the Navy; 

(6) the Department of Health and Human Services; 

(7) the National Science Foundation; 

(8) the National Aeronautics and Space Administration; 

(9) the Food and Drug Administration; 

(10) the Office of Science and Technology Policy; 

(11) the Council on Environmental Quality; øand¿ 

(12) the Centers for Disease Control; and 

ø(12)¿(13) øsuch¿ other Federal agencies as the President 

considers appropriate. 

(b) ASSESSMENT OF HARMFUL ALGAL BLOOMS.— 


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(1) Not later than 12 months after the date of the enactment 

of this title, the Task Force, in cooperation with the coastal 

States, Indian tribes, and local governments, industry (including agricultural organizations), academic institutions, and nongovernmental organizations with expertise in coastal zone 

management, shall complete and submit to the Congress an assessment which examines the ecological and economic consequences of harmful algal blooms, alternatives for reducing, 

mitigating, and controlling harmful algal blooms, and the social and economic costs and benefits of such alternatives. 

(2) The assessment shall— 

(A) identify alternatives for preventing unnecessary duplication of effort among Federal agencies and departments with respect to harmful algal blooms; and 

(B) provide for Federal cooperation and coordination 

with and assistance to the coastal States, Indian tribes, 

and local governments in the prevention, reduction, management, mitigation, and control of harmful algal blooms 

and their environmental and public health impacts. 

(c) ASSESSMENT OF HYPOXIA.— (1) Not later than 12 months after the date of the enactment 

of this title, the Task Force, in cooperation with the States, Indian tribes, local governments, industry, agricultural, academic 

institutions, and non-governmental organizations with expertise in watershed and coastal zone management, shall complete 

and submit to the Congress an assessment which examines the 

ecological and economic consequences of hypoxia in United 

States coastal waters, alternatives for reducing, mitigating, 

and controlling hypoxia, and the social and economic costs and 

benefits of such alternatives. 

(2) The assessment shall— 

(A) establish needs, priorities, and guidelines for a peerreviewed, interagency research program on the causes, 

characteristics, and impacts of hypoxia; 

(B) identify alternatives for preventing unnecessary duplication of effort among Federal agencies and departments with respect to hypoxia; and 

(C) provide for Federal cooperation and coordination 

with and assistance to the States, Indian tribes, and local 

governments in the prevention, reduction, management, 

mitigation, and control of hypoxia and its environmental 

impacts. 

(d) REPORT TO CONGRESS ON HARMFUL ALGAL BLOOM IMPACTS.— 

(1) DEVELOPMENT.—Not later than 12 months after the date 

of enactment of the Harmful Algal Bloom and Hypoxia Amendments Act of 2004, the President, in consultation with the chief 

executive officers of the States, shall develop and submit to the 

Congress a report that describes and evaluates the effectiveness of measures described in paragraph (2) that may be utilized to protect environmental and public health from impacts 

of harmful algal blooms. In developing the report, the President shall consult with the Task Force, the coastal States, Indian tribes, local governments, appropriate industries (including fisheries, agriculture, and fertilizer), academic institutions, 

and nongovernmental organizations with expertise in coastal 


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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 


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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— 


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(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, DEMONSTRA- TION, AND TECHNOLOGY TRANSFER PLAN ON REDUCING IMPACTS

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

the Harmful Algal Bloom and Hypoxia Amendments Act of 

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

plan providing for a comprehensive and coordinated national 

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

algal blooms on coastal ecosystems (including the Great 

Lakes), public health, and the economy. 

(2) The plan shall— 

(A) establish priorities and guidelines for a competitive, 

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

methods for the prevention, control, and mitigation of 

harmful algal blooms; 

(B) identify ways to improve coordination and to prevent 

unnecessary duplication of effort among Federal agencies 

and departments with respect to the actions described in 

paragraph (1); and 

(C) include to the maximum extent practicable diverse 

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

Native Americans, Asian Pacific Americans, and other 

underrepresented populations. 

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

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

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

program are communicated to State, Indian tribe, and local 

governments, and to the general public. 

(j) REPORT.—Not later than 2 years after the date the Action 

Strategy is submitted under section 603B, the Under Secretary shall 

submit a report to Congress that describes— 

(1) the proceedings of the annual Task Force meetings; 

(2) the activities carried out under the Program, including the 

regional and subregional parts of the Action Strategy; 

(3) the budget related to the activities under paragraph (2); 

(4) the progress made on implementing the Action Strategy; 

and 


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(5) any need to revise or terminate research and activities 

under the Program. 

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

(a) ESTABLISHMENT.—Not later than 1 year after the date of enactment of the Harmful Algal Bloom and Hypoxia Research and 

Control Amendments Act of 2013, the Under Secretary, acting 

through the Task Force, shall establish and maintain a national 

harmful algal bloom and hypoxia program, including— 

(1) a statement of objectives, including understanding, detecting, predicting, controlling, mitigating, and responding to marine and freshwater harmful algal bloom and hypoxia events; 

and 

(2) the comprehensive research plan and action strategy 

under section 603B. 

(b) PERIODIC REVISION.—The Task Force shall periodically review 

and revise the Program, as necessary. 

(c) TASK FORCE FUNCTIONS.—The Task Force shall— 

(1) coordinate interagency review of the objectives and activities of the Program; 

(2) expedite the interagency review process by ensuring timely 

review and dispersal of required reports and assessments under 

this title; 

(3) support the implementation of the Action Strategy, including the coordination and integration of the research of all Federal programs, including ocean and Great Lakes science and 

management programs and centers, that address the chemical, 

biological, and physical components of marine and freshwater 

harmful algal blooms and hypoxia; 

(4) support the development of institutional mechanisms and 

financial instruments to further the objectives and activities of 

the Program; 

(5) review the Program’s distribution of Federal funding to 

address the objectives and activities of the Program; 

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

hypoxia conditions; and 

(7) establish such interagency working groups as it considers 

necessary. 

(d) LEAD FEDERAL AGENCY.—Except as provided in subsection (h), 

the National Oceanic and Atmospheric Administration shall have 

primary responsibility for administering the Program. 

(e) PROGRAM DUTIES.—In administering the Program, the Under 

Secretary shall— 

(1) promote the Program; 

(2) prepare work and spending plans for implementing the research and activities identified under the Action Strategy; 

(3) administer merit-based, competitive grant funding— 

(A) to maintain and enhance baseline monitoring programs established by the Program; 

(B) to support the projects maintained and established by 

the Program; and 

(C) to address the research and management needs and 

priorities identified in the Action Strategy; 


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(4) coordinate and work cooperatively with regional, State, 

tribal, and local government agencies and programs that address marine and freshwater harmful algal blooms and hypoxia; 

(5) coordinate with the Secretary of State to support international efforts on marine and freshwater harmful algal bloom 

and hypoxia information sharing, research, prediction, mitigation, control, and response activities; 

(6) identify additional research, development, and demonstration needs and priorities relating to monitoring, prevention, 

control, mitigation, and response to marine and freshwater 

harmful algal blooms and hypoxia, including methods and 

technologies to protect the ecosystems affected by marine and 

freshwater harmful algal blooms and hypoxia; 

(7) integrate, coordinate, and augment existing education programs to improve public understanding and awareness of the 

causes, impacts, and mitigation efforts for marine and freshwater harmful algal blooms and hypoxia; 

(8) facilitate and provide resources to train State and local 

coastal and water resource managers in the methods and technologies for monitoring, preventing, controlling, and mitigating 

marine and freshwater harmful algal blooms and hypoxia; 

(9) support regional efforts to control and mitigate outbreaks 

through— 

(A) communication of the contents of the Action Strategy 

and maintenance of online data portals for other information about harmful algal blooms and hypoxia to State, tribal, and local stakeholders; and 

(B) overseeing the development, review, and periodic updating of the Action Strategy; 

(10) convene at least 1 meeting of the Task Force each year; 

and 

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

Task Force. 

(f) NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION AC- TIVITIES.—The Under Secretary shall— 

(1) maintain and enhance the existing competitive programs 

at the National Oceanic and Atmospheric Administration relating to harmful algal blooms and hypoxia; 

(2) carry out marine and Great Lakes harmful algal bloom 

and hypoxia events response activities; 

(3) establish new programs and infrastructure, as necessary, 

to develop and enhance critical observations, monitoring, modeling, data management, information dissemination, and operational forecasts relevant to harmful algal blooms and hypoxia 

events; 

(4) enhance communication and coordination among Federal 

agencies carrying out marine and freshwater harmful algal 

bloom and hypoxia activities and research; 

(5) to the greatest extent practicable, leverage existing resources and expertise available from local research universities 

and institutions; and 

(6) increase the availability to appropriate public and private 

entities of— 

(A) analytical facilities and technologies; 


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(B) operational forecasts; and 

(C) reference and research materials. 

(g) COOPERATIVE EFFORTS.—The Under Secretary shall work cooperatively and avoid duplication of effort with other offices, centers, and programs within the National Oceanic and Atmospheric 

Administration, other agencies on the Task Force, and States, 

tribes, and nongovernmental organizations concerned with marine 

and freshwater issues to coordinate harmful algal bloom and hypoxia (and related) activities and research. 

(h) FRESHWATER.—With respect to the freshwater aspects of the 

Program, the Administrator, through the Task Force, shall carry 

out the duties otherwise assigned to the Under Secretary under this 

section, except the activities described in subsection (f). 

(1) PARTICIPATION.—The Administrator’s participation under 

this section shall include— 

(A) research on the ecology and impacts of freshwater 

harmful algal blooms; and 

(B) forecasting and monitoring of and event response to 

freshwater harmful algal blooms in lakes, rivers, estuaries 

(including their tributaries), and reservoirs. 

(2) NONDUPLICATION.—The Administrator shall ensure that 

activities carried out under this title focus on new approaches 

to addressing freshwater harmful algal blooms and are not duplicative of existing research and development programs authorized by this title or any other law. 

(i) INTEGRATED COASTAL AND OCEAN OBSERVATION SYSTEM.—The 

collection of monitoring and observation data under this title shall 

comply with all data standards and protocols developed pursuant 

to the Integrated Coastal and Ocean Observation System Act of 

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

through the system established under that Act. 

SEC. 603B. COMPREHENSIVE RESEARCH PLAN AND ACTION STRATEGY. 

(a) IN GENERAL.—Not later than 1 year after the date of enactment of the Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2013, the Under Secretary, through the 

Task Force, shall develop and submit to Congress a comprehensive 

research plan and action strategy to address marine and freshwater 

harmful algal blooms and hypoxia. The Action Strategy shall identify— 

(1) the specific activities to be carried out by the Program and 

the timeline for carrying out those activities; 

(2) the roles and responsibilities of each Federal agency in the 

Task Force in carrying out the activities under paragraph (1); 

and 

(3) the appropriate regions and subregions requiring specific 

research and activities to address local, State, and regional 

harmful algal blooms and hypoxia. 

(b) REGIONAL FOCUS.—The regional and subregional parts of the 

Action Strategy shall identify— 

(1) regional priorities for ecological, economic, and social research on issues related to the impacts of harmful algal blooms 

and hypoxia; 

(2) research, development, and demonstration activities needed to develop and advance technologies and techniques for 


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minimizing the occurrence of harmful algal blooms and hypoxia 

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

mitigate, respond to, and remediate harmful algal blooms and 

hypoxia; 

(3) ways to reduce the duration and intensity of harmful 

algal blooms and hypoxia, including deployment of response 

technologies in a timely manner; 

(4) research and methods to address human health dimensions of harmful algal blooms and hypoxia; 

(5) mechanisms, including the potential costs and benefits of 

those mechanisms, to protect ecosystems that may be or have 

been affected by harmful algal bloom and hypoxia events; 

(6) mechanisms by which data, information, and products 

may be transferred between the Program and the State, tribal, 

and local governments and research entities; 

(7) communication and information dissemination methods 

that State, tribal, and local governments may undertake to educate and inform the public concerning harmful algal blooms 

and hypoxia; and 

(8) roles that Federal agencies may have to assist in the implementation of the Action Strategy, including efforts to support 

local and regional scientific assessments under section 603(e). 

(c) UTILIZING AVAILABLE STUDIES AND INFORMATION.—In developing the Action Strategy, the Under Secretary shall utilize existing 

research, assessments, reports, and program activities, including— 

(1) those carried out under existing law; and 

(2) other relevant peer-reviewed and published sources. 

(d) DEVELOPMENT OF THE ACTION STRATEGY.—In developing the 

Action Strategy, the Under Secretary shall, as appropriate— 

(1) coordinate with— 

(A) State coastal management and planning officials; 

(B) tribal resource management officials; and 

(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; and 

(2) consult with— 

(A) public health officials; 

(B) emergency management officials; 

(C) science and technology development institutions; 

(D) economists; 

(E) industries and businesses affected by marine and 

freshwater harmful algal blooms and hypoxia; 

(F) scientists with expertise concerning harmful algal 

blooms or hypoxia from academic or research institutions; 

and 

(G) other stakeholders. 

(e) FEDERAL REGISTER.—The Under Secretary shall publish the 

Action Strategy in the Federal Register. 

(f) PERIODIC REVISION.—The Under Secretary, in coordination 

and consultation with the individuals and entities under subsection 

(d), shall periodically review and revise the Action Strategy prepared under this section, as necessary. 


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øSEC. 604. NORTHERN GULF OF MEXICO HYPOXIA. 

ø(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. 

ø(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) INITIAL PROGRESS REPORTS.—Beginning not later than 12 

months after the date of enactment of the Harmful Algal Bloom and 

Hypoxia Research and Control Amendments Act of 2013, and biennially thereafter, the Administrator, through the Mississippi River/ 

Gulf of Mexico Watershed Nutrient Task Force, shall submit a 

progress report to the appropriate congressional committees and the 

President that describes the progress made by activities directed by 

the Mississippi River/Gulf of Mexico Watershed Nutrient Task 

Force and carried out or funded by the Environmental Protection 

Agency and other State and Federal partners toward attainment of 

the goals of the Gulf Hypoxia Action Plan 2008. 

(b) CONTENTS.—Each report required under this section shall— 

(1) assess the 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; 

(2) evaluate lessons learned; and 

(3) recommend appropriate actions to continue to implement 

or, if necessary, revise the strategy set forth in the Gulf Hypoxia 

Action Plan 2008. 

øSEC. 605. AUTHORIZATION OF APPROPRIATIONS. 

øThere 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 deVerDate Mar 15 2010 02:21 Nov 20, 2013 Jkt 039010 PO 00000 Frm 00023 Fmt 6659 Sfmt 6601 E:\HR\OC\SR121.XXX SR121

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velopment and implementation of the activities authorized under 

this section. Of such amounts for each fiscal year— 

ø(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; 

ø(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; 

ø(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); 

ø(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; 

ø(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 

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

carry out section 603(e).¿ 

SEC. 605. GREAT LAKES HYPOXIA AND HARMFUL ALGAL BLOOMS. 

(a) INTEGRATED ASSESSMENT.—Not later than 18 months after 

the date of enactment of the Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2013, the Task Force, in accordance with the authority under section 603, shall complete and 

submit to the Congress and the President an integrated assessment 

that examines the causes, consequences, and approaches to reduce 

hypoxia and harmful algal blooms in the Great Lakes, including the 

status of and gaps within current research, monitoring, management, prevention, response, and control activities by— 

(1) Federal agencies; 

(2) State agencies; 

(3) regional research consortia; 


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(4) academia; 

(5) private industry; and 

(6) nongovernmental organizations. 

(b) PLAN.— 

(1) IN GENERAL.—Not later than 2 years after the date of enactment of the Harmful Algal Bloom and Hypoxia Research 

and Control Amendments Act of 2013, the Task Force shall develop and submit to the Congress a plan, based on the integrated assessment under subsection (a), for reducing, mitigating, and controlling hypoxia and harmful algal blooms in 

the Great Lakes. 

(2) CONTENTS.—The plan shall— 

(A) address the monitoring needs identified in the integrated assessment under subsection (a); 

(B) develop a timeline and budgetary requirements for 

deployment of future assets; 

(C) identify requirements for the development and 

verification of Great Lakes hypoxia and harmful algal 

bloom models, including— 

(i) all assumptions built into the models; and 

(ii) data quality methods used to ensure the best 

available data are utilized; and 

(D) describe efforts to improve the assessment of the impacts of hypoxia and harmful algal blooms by— 

(i) characterizing current and past biological conditions in ecosystems affected by hypoxia and harmful 

algal blooms; and 

(ii) quantifying effects, including economic effects, at 

the population and community levels. 

(3) REQUIREMENTS.—In developing the plan, the Task Force 

shall— 

(A) consult with State and local governments and representatives from academic, agricultural, industry, and 

other stakeholder groups; 

(B) consult with relevant Canadian agencies; 

(C) ensure that the plan complements and does not duplicate activities conducted by other Federal or State agencies; 

(D) identify critical research for reducing, mitigating, 

and controlling hypoxia events and their effects; 

(E) evaluate cost-effective, incentive-based partnership 

approaches; 

(F) utilize existing research, assessments, reports, and 

program activities; 

(G) publish a summary of the proposed plan in the Federal Register at least 180 days prior to submitting the completed plan to Congress; and 

(H) after submitting the completed plan to Congress, provide biennial progress reports on the activities toward 

achieving the objectives of the plan. 

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. 


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(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. 

SEC. 608. DEFINITIONS. 

In this title: 

(1) ACTION STRATEGY.—The term ‘‘Action Strategy’’ means the 

comprehensive research plan and action strategy established 

under section 603B. 

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

Administrator of the Environmental Protection Agency. 

(3) 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. 

(4) HYPOXIA.—The term ‘‘hypoxia’’ means a condition where 

low dissolved oxygen in aquatic systems causes stress or death 

to resident organisms. 

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

harmful algal bloom and hypoxia program established under 

section 603A. 

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

of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American 

Samoa, the Commonwealth of the Northern Mariana Islands, 

any other territory or possession of the United States, and any 

Indian tribe. 

(7) TASK FORCE.—The term ‘‘Task Force’’ means the InterAgency Task Force on Harmful Algal Blooms and Hypoxia 

under section 603(a). 

(8) UNDER SECRETARY.—The term ‘‘Under Secretary’’ means 

the Under Secretary of Commerce for Oceans and Atmosphere. 

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

States coastal waters’’ includes the Great Lakes. 

SEC. 609. INTERAGENCY FINANCING. 

The departments and agencies represented on the Task Force may 

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 title, 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 the 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 

goods, services, and space. The amount of funds transferrable under 


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this section for any fiscal year may not exceed 5 percent of the account from which the transfer was made. 

SEC. 610. AUTHORIZATION OF APPROPRIATIONS. 

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

Under Secretary to carry out sections 603A and 603B $20,500,000 

for each of fiscal years 2014 through 2018. 

(b) EXTRAMURAL RESEARCH ACTIVITIES.—The Under 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. For each fiscal year, the 

Under Secretary shall publish a list of all grant recipients and the 

amounts for all of the funds allocated for research purposes, specifying those allocated for extramural research activities. 

Æ 


smartinez on DSK6TPTVN1PROD with REPORTS