```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3348 Reported in Senate (RS)]

<DOC>

                                                       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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Harmful Algal Bloom and 
Hypoxia Research and Control Amendments Act of 2023''.</DELETED>

<DELETED>SEC. 2. AMENDMENTS TO THE HARMFUL ALGAL BLOOMS AND HYPOXIA 
              RESEARCH AND CONTROL ACT OF 1998.</DELETED>

<DELETED>    (a) Assessments.--</DELETED>
        <DELETED>    (1) In general.--Section 603 of the Harmful Algal 
        Blooms and Hypoxia Research and Control Act of 1998 (33 U.S.C. 
        4001) is amended--</DELETED>
                <DELETED>    (A) in the section heading, by striking 
                ``assessments'' and inserting ``task force, 
                assessments, and action strategy'';</DELETED>
                <DELETED>    (B) in subsection (a)--</DELETED>
                        <DELETED>    (i) by redesignating paragraphs 
                        (13) and (14) as paragraphs (14) and (15), 
                        respectively; and</DELETED>
                        <DELETED>    (ii) by inserting after paragraph 
                        (12) the following:</DELETED>
        <DELETED>    ``(13) the Department of Energy;'';</DELETED>
                <DELETED>    (C) by striking subsections (b), (c), (d), 
                (e), (g), (h), and (i) and redesignating subsection (f) 
                as subsection (b);</DELETED>
                <DELETED>    (D) in subsection (b), as so 
                redesignated--</DELETED>
                        <DELETED>    (i) in paragraph (1), in the first 
                        sentence, by striking ``coastal waters 
                        including the Great Lakes'' and inserting 
                        ``marine, estuarine, and freshwater systems''; 
                        and</DELETED>
                        <DELETED>    (ii) in paragraph (2)--</DELETED>
                                <DELETED>    (I) by amending 
                                subparagraph (A) to read as 
                                follows:</DELETED>
        <DELETED>    ``(A) examine--</DELETED>
                <DELETED>    ``(i) the causes and ecological 
                consequences of hypoxia on marine and aquatic species 
                in their natural environments; and</DELETED>
                <DELETED>    ``(ii) the socio-cultural or economic 
                costs of hypoxia, including impacts on food safety and 
                security;'';</DELETED>
                                <DELETED>    (II) by redesignating 
                                subparagraphs (B), (C), and (D) as 
                                subparagraphs (D), (E), and (F), 
                                respectively;</DELETED>
                                <DELETED>    (III) by inserting after 
                                subparagraph (A) the 
                                following:</DELETED>
        <DELETED>    ``(B) examine the effect of other environmental 
        stressors on hypoxia;</DELETED>
        <DELETED>    ``(C) evaluate alternatives for reducing, 
        mitigating, and controlling hypoxia and its environmental 
        impacts;'';</DELETED>
                                <DELETED>    (IV) in subparagraph (D), 
                                as redesignated by subclause (II), by 
                                inserting ``, social,'' after 
                                ``ecological''; and</DELETED>
                                <DELETED>    (V) in subparagraph (E), 
                                as redesignated by subclause (II), by 
                                striking ``hypoxia modeling and 
                                monitoring data'' and inserting 
                                ``hypoxia modeling, forecasting, and 
                                monitoring and observation data''; 
                                and</DELETED>
                <DELETED>    (E) by adding at the end the 
                following:</DELETED>
<DELETED>    ``(c) Action Strategy and Scientific Assessment for Marine 
and Freshwater Harmful Algal Blooms.--</DELETED>
        <DELETED>    ``(1) In general.--Not less frequently than once 
        every 5 years, the Task Force shall complete and submit to 
        Congress an action strategy for harmful algal blooms in the 
        United States.</DELETED>
        <DELETED>    ``(2) Elements.--Each Action Strategy shall--
        </DELETED>
                <DELETED>    ``(A) examine, and include a scientific 
                assessment of, marine and freshwater harmful algal 
                blooms, including such blooms--</DELETED>
                        <DELETED>    ``(i) in the Great Lakes and upper 
                        reaches of estuaries;</DELETED>
                        <DELETED>    ``(ii) in freshwater lakes and 
                        rivers; and</DELETED>
                        <DELETED>    ``(iii) that originate in 
                        freshwater lakes or rivers and migrate to 
                        coastal waters;</DELETED>
                <DELETED>    ``(B) examine the causes, ecological 
                consequences, and economic or socio-cultural impacts, 
                including food safety and security, of harmful algal 
                blooms;</DELETED>
                <DELETED>    ``(C) examine the effect of other 
                environmental stressors on harmful algal 
                blooms;</DELETED>
                <DELETED>    ``(D) examine potential methods to 
                prevent, control, and mitigate harmful algal blooms and 
                the potential ecological, social, cultural, and 
                economic costs and benefits of such methods;</DELETED>
                <DELETED>    ``(E) identify priorities for research 
                needed to advance techniques and technologies to 
                detect, predict, monitor, respond to, and minimize the 
                occurrence, duration, and severity of harmful algal 
                blooms, including recommendations to eliminate 
                significant gaps in harmful algal bloom forecasting, 
                monitoring, and observation data;</DELETED>
                <DELETED>    ``(F) evaluate progress made by, and the 
                needs of, activities and actions of the Task Force to 
                prevent, control, and mitigate harmful algal 
                blooms;</DELETED>
                <DELETED>    ``(G) identify ways to improve 
                coordination and prevent unnecessary duplication of 
                effort among Federal agencies with respect to research 
                on harmful algal blooms; and</DELETED>
                <DELETED>    ``(H) include regional chapters relating 
                to the requirements described in this paragraph in 
                order to highlight geographically and ecologically 
                diverse locations with significant ecological, social, 
                cultural, and economic impacts from harmful algal 
                blooms.</DELETED>
<DELETED>    ``(d) Consultation.--In carrying out subsections (b) and 
(c), the Task Force shall consult with--</DELETED>
        <DELETED>    ``(1) States, Indian tribes, and local 
        governments; and</DELETED>
        <DELETED>    ``(2) appropriate industries (including fisheries, 
        agriculture, and fertilizer), academic institutions, and 
        nongovernmental organizations with relevant 
        expertise.''.</DELETED>
        <DELETED>    (2) Clerical amendment.--The table of contents in 
        section 2 of the Coast Guard Authorization Act of 1998 (Public 
        Law 105-383; 112 Stat. 3412; 136 Stat. 1268) is amended by 
        striking the item relating to section 603 and inserting the 
        following:</DELETED>

<DELETED>``Sec. 603. Task Force, assessments, and Action Strategy.''.
        <DELETED>    (3) Conforming amendment.--Section 102 of the 
        Harmful Algal Bloom and Hypoxia Amendments Act of 2004 (33 
        U.S.C. 4001a) is amended by striking ``In developing'' and all 
        that follows through ``management.''.</DELETED>
<DELETED>    (b) National Harmful Algal Bloom and Hypoxia Program.--
Section 603A of the Harmful Algal Blooms and Hypoxia Research and 
Control Act of 1998 (33 U.S.C. 4002) is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (1)--</DELETED>
                        <DELETED>    (i) by striking ``predicting,'' 
                        and inserting ``monitoring, observing, 
                        forecasting,''; and</DELETED>
                        <DELETED>    (ii) by striking ``and'' after the 
                        semicolon; and</DELETED>
                <DELETED>    (B) by striking paragraph (2) and 
                inserting the following:</DELETED>
        <DELETED>    ``(2) the scientific assessment submitted under 
        section 603(b); and</DELETED>
        <DELETED>    ``(3) the Action Strategy.'';</DELETED>
        <DELETED>    (2) in subsection (c)--</DELETED>
                <DELETED>    (A) in paragraph (3), by striking ``ocean 
                and Great Lakes science and management programs and 
                centers'' and inserting ``programs and centers relating 
                to the science and management of marine, estuarine, and 
                freshwater systems''; and</DELETED>
                <DELETED>    (B) in paragraph (5), by inserting ``while 
                recognizing each agency is acting under its own 
                independent mission and authority'' before the 
                semicolon;</DELETED>
        <DELETED>    (3) in subsection (d), by striking ``Except as 
        provided in subsection (h), the'' and inserting 
        ``The'';</DELETED>
        <DELETED>    (4) in subsection (e)--</DELETED>
                <DELETED>    (A) in the matter preceding paragraph (1), 
                by inserting ``(or the Administrator, as provided under 
                subsection (g))'' after ``Under Secretary'';</DELETED>
                <DELETED>    (B) by amending paragraph (2) to read as 
                follows:</DELETED>
        <DELETED>    ``(2) examine, in collaboration with State and 
        local entities and Indian tribes, including island communities, 
        low-population rural communities, Indigenous communities, 
        subsistence communities, fisheries, and recreation industries 
        that are most dependent on coastal and water resources that may 
        be impacted by marine and freshwater harmful algal blooms and 
        hypoxia, the causes, ecological consequences, cultural impacts, 
        and social and economic costs of harmful algal blooms and 
        hypoxia;'';</DELETED>
                <DELETED>    (C) by striking paragraph (3);</DELETED>
                <DELETED>    (D) by redesignating paragraphs (4), (5), 
                and (6) as paragraphs (3), (4), and (5), 
                respectively;</DELETED>
                <DELETED>    (E) in paragraph (3), as so redesignated, 
                by striking ``agencies'' and inserting ``entities, 
                regional coastal observing systems (as defined in 
                section 12303 of the Integrated Coastal and Ocean 
                Observation System Act of 2009 (33 U.S.C. 
                3602)),'';</DELETED>
                <DELETED>    (F) in paragraph (5), as redesignated by 
                subparagraph (D), by inserting ``and communities'' 
                after ``ecosystems'';</DELETED>
                <DELETED>    (G) by inserting after paragraph (5), as 
                redesignated by subparagraph (D), the 
                following:</DELETED>
        <DELETED>    ``(6) support sustained observations, including 
        through peer-reviewed, merit-based, competitive grant funding, 
        to provide State and local entities, Indian tribes, and other 
        entities access to real-time or near real-time observation data 
        for decision-making to protect human and ecological health and 
        local economies;'';</DELETED>
                <DELETED>    (H) in paragraph (8), by inserting ``and 
                Indian tribes'' after ``managers''; and</DELETED>
                <DELETED>    (I) in paragraph (9)(A), by striking ``, 
                tribal, and local stakeholders'' and inserting ``and 
                local stakeholders and Indian tribes'';</DELETED>
        <DELETED>    (5) by amending subsections (f), (g), and (h) to 
        read as follows:</DELETED>
<DELETED>    ``(f) Cooperation and Coordination.--The Under Secretary 
shall--</DELETED>
        <DELETED>    ``(1) work cooperatively with and avoid 
        duplication of effort of other agencies on the Task Force and 
        States, Indian tribes, and nongovernmental organizations 
        concerned with marine and freshwater issues; and</DELETED>
        <DELETED>    ``(2) coordinate harmful algal bloom and hypoxia 
        and related activities and research with those 
        entities.</DELETED>
<DELETED>    ``(g) Freshwater and Estuarine Program Duties.--The 
Administrator, in coordination with the Task Force, shall--</DELETED>
        <DELETED>    ``(1) carry out the duties under the 
        Administrator's purview under subsection (e) for freshwater 
        aspects of the Program through the activities required under 
        section 603C; and</DELETED>
        <DELETED>    ``(2) coordinate with the Under Secretary on 
        estuarine aspects of the Program through the activities 
        required under this section.</DELETED>
<DELETED>    ``(h) Anti-Deficiency Act Applied to Harmful Algal Bloom 
Services.--Any services accepted by an officer or employee of the 
United States Government under this title relating to the development 
and dissemination of forecasts and bulletins through the Harmful Algal 
Bloom Operational Forecast System of the National Centers for Coastal 
Ocean Science and the National Oceanic and Atmospheric Administration 
shall be considered, for purposes of section 1342 of title 31, United 
States Code, services for an emergency involving the safety of human 
life or the protection of property. Such consideration shall apply only 
to services performed for areas with active harmful algal blooms during 
any lapse in appropriations beginning on or after the date of the 
enactment of the Harmful Algal Bloom and Hypoxia Research and Control 
Amendments Act of 2023.''; and</DELETED>
        <DELETED>    (6) by striking subsection (i).</DELETED>
<DELETED>    (c) National Oceanic and Atmospheric Administration 
Activities.--</DELETED>
        <DELETED>    (1) In general.--Section 603B of the Harmful Algal 
        Blooms and Hypoxia Research and Control Act of 1998 (33 U.S.C. 
        4003) is amended to read as follows:</DELETED>

<DELETED>``SEC. 603B. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 
              ACTIVITIES.</DELETED>

<DELETED>    ``(a) In General.--The Under Secretary shall--</DELETED>
        <DELETED>    ``(1) carry out response activities for marine, 
        coastal, and Great Lakes harmful algal bloom and hypoxia 
        events;</DELETED>
        <DELETED>    ``(2) develop and enhance operational harmful 
        algal bloom observing and forecasting programs, including 
        operational observations and forecasting, monitoring, modeling, 
        data management, and information dissemination;</DELETED>
        <DELETED>    ``(3) maintain and enhance peer-reviewed, merit-
        based, competitive grant funding relating to harmful algal 
        blooms and hypoxia--</DELETED>
                <DELETED>    ``(A) to maintain and enhance baseline 
                monitoring programs established by the 
                Program;</DELETED>
                <DELETED>    ``(B) to support the projects maintained 
                and established by the Program;</DELETED>
                <DELETED>    ``(C) to address the research and 
                management needs and priorities identified in the 
                Action Strategy;</DELETED>
                <DELETED>    ``(D) to accelerate the utilization of 
                effective methods of intervention and mitigation to 
                reduce the frequency, severity, and impacts of harmful 
                algal bloom and hypoxia events;</DELETED>
                <DELETED>    ``(E) to identify opportunities to improve 
                monitoring of harmful algal bloom and hypoxia, with a 
                particular focus on coastal waters that may affect 
                fisheries, public health, or subsistence 
                harvest;</DELETED>
                <DELETED>    ``(F) to examine the effects of other 
                environmental stressors on harmful algal blooms and 
                hypoxia;</DELETED>
                <DELETED>    ``(G) to assess the effects of multiple 
                environmental stressors on living marine resources and 
                coastal ecosystems; and</DELETED>
                <DELETED>    ``(H) to evaluate adaptation and 
                mitigation strategies to address the impacts of harmful 
                algal blooms and hypoxia;</DELETED>
        <DELETED>    ``(4) enhance communication and coordination among 
        Federal agencies carrying out activities and research relating 
        to marine and freshwater harmful algal bloom and 
        hypoxia;</DELETED>
        <DELETED>    ``(5) to the greatest extent practicable, leverage 
        existing resources and expertise available from local research 
        universities and institutions; and</DELETED>
        <DELETED>    ``(6) use cost effective methods in carrying out 
        this section.</DELETED>
<DELETED>    ``(b) Integrated Coastal and Ocean Observation System.--
The collection of monitoring and observing data under this section 
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 
National Integrated Coastal and Ocean Observation System established 
under section 12304 of that Act (33 U.S.C. 3603).''.</DELETED>
        <DELETED>    (2) Clerical amendment.--The table of contents in 
        section 2 of the Coast Guard Authorization Act of 1998 (Public 
        Law 105-383; 112 Stat. 3412; 136 Stat. 1268) is amended by 
        striking the item relating to section 603B and inserting the 
        following:</DELETED>

<DELETED>``Sec. 603B. National Oceanic and Atmospheric Administration 
                            activities.''.
<DELETED>    (d) Environmental Protection Agency Activities.--
</DELETED>
        <DELETED>    (1) In general.--The Harmful Algal Bloom and 
        Hypoxia Research and Control Act of 1998 is amended by 
        inserting after section 603B (33 U.S.C. 4003) the 
        following:</DELETED>

<DELETED>``SEC. 603C. ENVIRONMENTAL PROTECTION AGENCY 
              ACTIVITIES.</DELETED>

<DELETED>    ``(a) In General.--The Administrator shall--</DELETED>
        <DELETED>    ``(1) carry out research on the ecology and human 
        health impacts of freshwater harmful algal blooms and hypoxia 
        events;</DELETED>
        <DELETED>    ``(2) develop and maintain forecasting and 
        monitoring of, and event response to, freshwater harmful algal 
        blooms in lakes, rivers, estuaries (including tributaries 
        thereof), and reservoirs;</DELETED>
        <DELETED>    ``(3) enhance communication and coordination among 
        Federal agencies carrying out freshwater harmful algal bloom 
        and hypoxia activities and research;</DELETED>
        <DELETED>    ``(4) to the greatest extent practicable, leverage 
        existing resources and expertise available at local research 
        universities and institutions; and</DELETED>
        <DELETED>    ``(5) use cost-effective methods in carrying out 
        this section.</DELETED>
<DELETED>    ``(b) Nonduplication.--The Administrator shall ensure that 
activities carried out under subsection (a) 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.''.</DELETED>
        <DELETED>    (2) Clerical amendment.--The table of contents in 
        section 2 of the Coast Guard Authorization Act of 1998 (Public 
        Law 105-383; 112 Stat. 3412; 136 Stat. 1268) is amended by 
        inserting after the item relating to section 603B the 
        following:</DELETED>

<DELETED>``Sec. 603C. Environmental Protection Agency activities.''.
<DELETED>    (e) National Harmful Algal Bloom and Hypoxia Observing 
Network.--</DELETED>
        <DELETED>    (1) In general.--Section 606 of the Harmful Algal 
        Blooms and Hypoxia Research and Control Act of 1998 (33 U.S.C. 
        4005) is amended to read as follows:</DELETED>

<DELETED>``SEC. 606. NATIONAL HARMFUL ALGAL BLOOM OBSERVING 
              NETWORK.</DELETED>

<DELETED>    ``(a) In General.--The Under Secretary, acting through the 
National Centers for Coastal Ocean Science and the Integrated Ocean 
Observing System of the National Oceanic and Atmospheric 
Administration, shall integrate Federal, State, regional, and local 
observing capabilities to establish a national network of observing 
systems for the monitoring, detection, and forecasting of harmful algal 
blooms by leveraging the capacity of regional associations of the 
Integrated Ocean Observing System, including through the incorporation 
of emerging technologies and new data integration methods, such as 
artificial intelligence.</DELETED>
<DELETED>    ``(b) Coordination and Data Assembly.--In carrying out 
subsection (a), the Program Office of the Integrated Ocean Observing 
System shall--</DELETED>
        <DELETED>    ``(1) coordinate with the National Centers for 
        Coastal Ocean Science regarding observations, data integration, 
        and information dissemination; and</DELETED>
        <DELETED>    ``(2) establish a center for the assembly of data 
        on harmful algal blooms to integrate, disseminate, and provide 
        a central architecture to support ecological 
        forecasting.''.</DELETED>
        <DELETED>    (2) Clerical amendment.--The table of contents in 
        section 2 of the Coast Guard Authorization Act of 1998 (Public 
        Law 105-383; 112 Stat. 3412; 136 Stat. 1268) is amended by 
        striking the item relating to section 606 and inserting the 
        following:</DELETED>

<DELETED>``Sec. 606. National harmful algal bloom observing network.''.
<DELETED>    (f) National-Level Incubator Program.--</DELETED>
        <DELETED>    (1) In general.--The Harmful Algal Blooms and 
        Hypoxia Research and Control Act of 1998 is amended by 
        inserting after section 606 (33 U.S.C. 4005) the 
        following:</DELETED>

<DELETED>``SEC. 606A. NATIONAL-LEVEL INCUBATOR PROGRAM.</DELETED>

<DELETED>    ``(a) In General.--The Under Secretary, in collaboration 
with the Administrator and research universities and institutions, 
shall establish a national-level incubator program (in this section 
referred to as the `program') to increase the number of strategies, 
technologies, and measures available to prevent, mitigate, and control 
harmful algal blooms.</DELETED>
<DELETED>    ``(b) Framework.--The program shall establish a framework 
for preliminary assessments of novel strategies, technologies, and 
measures to prevent, mitigate, and control harmful algal blooms in 
order to determine the potential effectiveness and scalability of such 
technologies.</DELETED>
<DELETED>    ``(c) Funding.--The program shall provide merit-based 
funding, using amounts otherwise available to the Under Secretary for 
the award of grants, for strategies, technologies, and measures that 
eliminate or reduce, through biological, chemical, or physical means, 
the levels of harmful algae and associated toxins resulting from 
harmful algal blooms.</DELETED>
<DELETED>    ``(d) Database.--The program shall include a database for 
cataloging the licensing and permitting requirements, economic costs, 
feasibility, effectiveness, and scalability of novel and established 
strategies, technologies, and measures to prevent, mitigate, and 
control harmful algal blooms.</DELETED>
<DELETED>    ``(e) Prioritization.--In carrying out the program, the 
Under Secretary shall prioritize proposed strategies, technologies, and 
measures that would, to the maximum extent practicable--</DELETED>
        <DELETED>    ``(1) protect key habitats for fish and 
        wildlife;</DELETED>
        <DELETED>    ``(2) maintain biodiversity;</DELETED>
        <DELETED>    ``(3) protect public health;</DELETED>
        <DELETED>    ``(4) protect coastal resources of national, 
        historical, and cultural significance; or</DELETED>
        <DELETED>    ``(5) benefit low-income communities, Indian 
        tribes or Indigenous communities, and rural 
        communities.''.</DELETED>
        <DELETED>    (2) Clerical amendment.--The table of contents in 
        section 2 of the Coast Guard Authorization Act of 1998 (Public 
        Law 105-383; 112 Stat. 3412; 136 Stat. 1268) is amended by 
        inserting after the item relating to section 606 the 
        following:</DELETED>

<DELETED>``Sec. 606A. National-level incubator program.''.
<DELETED>    (g) Definitions.--Section 609 of the Harmful Algal Blooms 
and Hypoxia Research and Control Act of 1998 (33 U.S.C. 4008) is 
amended--</DELETED>
        <DELETED>    (1) in paragraph (1), by striking ``means the 
        comprehensive research plan and action strategy established 
        under section 603B'' and inserting ``means the action strategy 
        for harmful algal blooms in the United States most recently 
        submitted under section 603(c)'';</DELETED>
        <DELETED>    (2) by amending paragraph (3) to read as 
        follows:</DELETED>
        <DELETED>    ``(3) Harmful algal bloom.--The term `harmful 
        algal bloom' means a high concentration of marine or freshwater 
        algae or macroalgae, including Sargassum, resulting in nuisance 
        conditions or harmful impacts on marine and freshwater 
        ecosystems, communities, or human health through the production 
        of toxic compounds or other biological, chemical, or physical 
        impacts of the algae outbreak.'';</DELETED>
        <DELETED>    (3) by striking paragraph (9);</DELETED>
        <DELETED>    (4) by redesignating paragraphs (4), (5), (6), 
        (7), and (8) as paragraphs (6), (7), (8), (10), and (11), 
        respectively;</DELETED>
        <DELETED>    (5) by inserting after paragraph (3) the 
        following:</DELETED>
        <DELETED>    ``(4) Harmful algal bloom and hypoxia event.--The 
        term `harmful algal bloom and hypoxia event' means the 
        occurrence of a harmful algal bloom or hypoxia as a result of a 
        natural, anthropogenic, or undetermined cause.</DELETED>
        <DELETED>    ``(5) Indian tribe.--The term `Indian tribe' has 
        the meaning given that term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 
        5304).'';</DELETED>
        <DELETED>    (6) in paragraph (6), as redesignated by paragraph 
        (4)--</DELETED>
                <DELETED>    (A) by striking ``aquatic'' and inserting 
                ``marine or freshwater''; and</DELETED>
                <DELETED>    (B) by striking ``resident'' and inserting 
                ``marine or freshwater''; and</DELETED>
        <DELETED>    (7) by inserting after paragraph (8), as 
        redesignated by paragraph (4), the following:</DELETED>
        <DELETED>    ``(9) Subsistence use.--The term `subsistence use' 
        means the customary and traditional use of fish, wildlife, or 
        other freshwater, coastal, or marine resources by any 
        individual or community to meet personal or family needs, 
        including essential economic, nutritional, or cultural 
        applications.''.</DELETED>
<DELETED>    (h) Authorization of Appropriations.--Subsection (a) of 
section 610 of the Harmful Algal Blooms and Hypoxia Research and 
Control Act of 1998 (33 U.S.C. 4009) is amended to read as 
follows:</DELETED>
<DELETED>    ``(a) In General.--There is authorized to be appropriated 
to carry out this title, for each of fiscal years 2024 through 2028--
</DELETED>
        <DELETED>    ``(1) $19,500,000 to the Under Secretary; 
        and</DELETED>
        <DELETED>    ``(2) $8,000,000 to the 
        Administrator.''.</DELETED>

<DELETED>SEC. 3. OTHER HARMFUL ALGAL BLOOM MATTERS.</DELETED>

<DELETED>    (a) Harmful Algal Bloom or Hypoxia Event of National 
Significance.--Section 9(g) of the National Integrated Drought 
Information System Reauthorization Act of 2018 (33 U.S.C. 4010(g)) is 
amended--</DELETED>
        <DELETED>    (1) in paragraph (1), by adding at the end the 
        following:</DELETED>
                <DELETED>    ``(D) Contract, grant, and cooperative 
                agreement authority.--The Under Secretary of Commerce 
                for Oceans and Atmosphere may enter into agreements and 
                grants with States, Indian Tribes, local governments, 
                or other entities to pay for or reimburse costs 
                incurred by such entities for the purposes of 
                supporting the determination of, and assessing the 
                environmental, economic, social, subsistence use, and 
                public health effects of, a harmful algal bloom or 
                hypoxia event of national significance.'';</DELETED>
        <DELETED>    (2) in paragraph (2)(A), by inserting ``, a 
        leadership official of an affected Indian Tribe, the executive 
        official of the District of Columbia, or the executive official 
        of an affected territory or possession of the United States,'' 
        after ``State''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(4) Authorization of appropriations.--There is 
        authorized to be appropriated to carry out this subsection 
        $2,000,000 for each of fiscal years 2024 through 2028, to 
        remain available until expended.''.</DELETED>
<DELETED>    (b) Protect Families From Toxic Algal Blooms.--Section 128 
of the Water Resources Development Act of 2020 (33 U.S.C. 610 note; 
division AA of Public Law 116-260) is amended--</DELETED>
        <DELETED>    (1) by redesignating subsection (e) as subsection 
        (f); and</DELETED>
        <DELETED>    (2) by inserting after subsection (d) the 
        following:</DELETED>
<DELETED>    ``(e) Harmful Algal Bloom Technologies.--In carrying out 
the demonstration program under subsection (a), the Secretary may enter 
into agreements with water and irrigation districts located in the 
focus areas described in subsections (c) and (d) for the use or sale of 
any new technologies developed under the demonstration program to 
expedite the removal of harmful algal blooms in those 
areas.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Harmful Algal Bloom and Hypoxia 
Research and Control Amendments Act of 2024''.

SEC. 2. AMENDMENTS TO THE HARMFUL ALGAL BLOOMS AND HYPOXIA RESEARCH AND 
              CONTROL ACT OF 1998.

    (a) Assessments.--
            (1) In general.--Section 603 of the Harmful Algal Blooms 
        and Hypoxia Research and Control Act of 1998 (33 U.S.C. 4001) 
        is amended--
                    (A) in the section heading, by striking 
                ``assessments'' and inserting ``task force, 
                assessments, and action strategy'';
                    (B) in subsection (a)--
                            (i) by redesignating paragraphs (13) and 
                        (14) as paragraphs (14) and (15), respectively; 
                        and
                            (ii) by inserting after paragraph (12) the 
                        following:
            ``(13) the Department of Energy;'';
                    (C) by striking subsections (b), (c), (d), (e), 
                (g), (h), and (i) and redesignating subsection (f) as 
                subsection (b);
                    (D) in subsection (b), as so redesignated--
                            (i) in paragraph (1), in the first 
                        sentence, by striking ``coastal waters 
                        including the Great Lakes'' and inserting 
                        ``marine, estuarine, and freshwater systems''; 
                        and
                            (ii) in paragraph (2)--
                                    (I) by amending subparagraph (A) to 
                                read as follows:
                    ``(A) examine--
                            ``(i) the causes and ecological 
                        consequences of hypoxia on marine and aquatic 
                        species in their environments; and
                            ``(ii) the costs of hypoxia, including 
                        impacts on food safety and security;'';
                                    (II) by redesignating subparagraphs 
                                (B), (C), and (D) as subparagraphs (D), 
                                (E), and (F), respectively;
                                    (III) by inserting after 
                                subparagraph (A) the following:
                    ``(B) examine the effect of other environmental 
                stressors on hypoxia;
                    ``(C) evaluate alternatives for reducing, 
                mitigating, and controlling hypoxia and its 
                environmental impacts;'';
                                    (IV) in subparagraph (D), as 
                                redesignated by subclause (II), by 
                                inserting ``, social,'' after 
                                ``ecological''; and
                                    (V) in subparagraph (E), as 
                                redesignated by subclause (II), by 
                                striking ``hypoxia modeling and 
                                monitoring data'' and inserting 
                                ``hypoxia modeling, forecasting, and 
                                monitoring and observation data''; and
                    (E) by adding at the end the following:
    ``(c) Action Strategy and Scientific Assessment for Marine and 
Freshwater Harmful Algal Blooms.--
            ``(1) In general.--Not less frequently than once every 5 
        years, the Task Force shall complete and submit to Congress an 
        action strategy for harmful algal blooms in the United States.
            ``(2) Elements.--Each Action Strategy shall--
                    ``(A) examine, and include a scientific assessment 
                of, marine and freshwater harmful algal blooms, 
                including such blooms--
                            ``(i) in the Great Lakes;
                            ``(ii) in the upper reaches of estuaries;
                            ``(iii) in freshwater lakes and rivers;
                            ``(iv) in coastal and marine waters; and
                            ``(v) that originate in freshwater lakes or 
                        rivers and migrate to coastal waters;
                    ``(B) examine the causes, ecological consequences 
                or physiological consequences on fish function, and 
                economic or socio-cultural impacts, including food 
                safety and security, of harmful algal blooms;
                    ``(C) examine the effect of other environmental 
                stressors on harmful algal blooms;
                    ``(D) examine potential methods to prevent, 
                control, and mitigate harmful algal blooms and the 
                potential ecological, social, cultural, and economic 
                costs and benefits of such methods;
                    ``(E) identify priorities for research needed to 
                advance techniques and technologies to detect, predict, 
                monitor, respond to, and minimize the occurrence, 
                duration, and severity of harmful algal blooms, 
                including recommendations to eliminate significant gaps 
                in harmful algal bloom forecasting, monitoring, and 
                observation data;
                    ``(F) evaluate progress made by, and the needs of, 
                activities and actions of the Task Force to prevent, 
                control, and mitigate harmful algal blooms;
                    ``(G) identify ways to improve coordination and 
                prevent unnecessary duplication of effort among Federal 
                agencies with respect to research on harmful algal 
                blooms; and
                    ``(H) include regional chapters relating to the 
                requirements described in this paragraph in order to 
                highlight geographically and ecologically diverse 
                locations with significant ecological, social, 
                cultural, and economic impacts from harmful algal 
                blooms.
    ``(d) Consultation.--In carrying out subsections (b) and (c), the 
Task Force shall consult with--
            ``(1) States, Indian tribes, and local governments; and
            ``(2) appropriate industries (including fisheries, 
        agriculture, and fertilizer), academic institutions, and 
        nongovernmental organizations with relevant expertise.''.
            (2) Clerical amendment.--The table of contents in section 2 
        of the Coast Guard Authorization Act of 1998 (Public Law 105-
        383; 112 Stat. 3412; 136 Stat. 1268) is amended by striking the 
        item relating to section 603 and inserting the following:

``Sec. 603. Task Force, assessments, and Action Strategy.''.
            (3) Conforming amendment.--Section 102 of the Harmful Algal 
        Bloom and Hypoxia Amendments Act of 2004 (33 U.S.C. 4001a) is 
        amended by striking ``In developing'' and all that follows 
        through ``management.''.
    (b) National Harmful Algal Bloom and Hypoxia Program.--Section 603A 
of the Harmful Algal Blooms and Hypoxia Research and Control Act of 
1998 (33 U.S.C. 4002) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``predicting,'' and 
                        inserting ``monitoring, observing, 
                        forecasting,''; and
                            (ii) by striking ``and'' after the 
                        semicolon; and
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) the scientific assessment submitted under section 
        603(b); and
            ``(3) the Action Strategy.'';
            (2) in subsection (c)--
                    (A) in paragraph (3), by striking ``ocean and Great 
                Lakes science and management programs and centers'' and 
                inserting ``programs and centers relating to the 
                science and management of marine, estuarine, and 
                freshwater systems''; and
                    (B) in paragraph (5), by inserting ``while 
                recognizing each agency is acting under its own 
                independent mission and authority'' before the 
                semicolon;
            (3) in subsection (d), by striking ``Except as provided in 
        subsection (h), the'' and inserting ``The'';
            (4) in subsection (e)--
                    (A) by striking paragraph (2) and inserting the 
                following:
            ``(2) examine the causes, ecological consequences, and 
        costs of harmful algal blooms and hypoxia;'';
                    (B) in paragraph (3)--
                            (i) in subparagraph (B), by inserting ``, 
                        including the annual Gulf of Mexico hypoxia 
                        zone mapping cruise'' after ``Program'';
                            (ii) in subparagraph (C), by striking 
                        ``and'' after the semicolon; and
                            (iii) by adding at the end the following:
                    ``(E) to identify opportunities to improve 
                monitoring of harmful algal blooms and hypoxia, with a 
                particular focus on waters that may affect fisheries, 
                public health, or subsistence harvest;
                    ``(F) to evaluate adaptation and mitigation 
                strategies to address the impacts of harmful algal 
                blooms and hypoxia;
                    ``(G) to support the resilience of the seafood 
                industry to harmful algal blooms and to expand access 
                to testing for harmful algal bloom toxins, including 
                for subsistence and recreational harvesters, through 
                innovative methods that increase the efficiency and 
                effectiveness of such testing in rural and remote 
                areas;
                    ``(H) to support sustained observations to provide 
                State and local entities, Indian tribes, and other 
                entities access to real-time or near real-time 
                observations data for decision-making to protect human 
                and ecological health and local economies; and
                    ``(I) to assess the combined effects of harmful 
                algal blooms, hypoxia, and stressors such as runoff and 
                infrastructure changes on marine, freshwater, or 
                estuarine ecosystems and living resources;'';
                    (C) in paragraph (4), by striking ``agencies'' and 
                inserting ``entities, regional coastal observing 
                systems (as defined in section 12303 of the Integrated 
                Coastal and Ocean Observation System Act of 2009 (33 
                U.S.C. 3602)),'';
                    (D) in paragraph (6), by inserting ``and 
                communities'' after ``ecosystems'';
                    (E) in paragraph (8), by inserting ``and Indian 
                tribes'' after ``managers'';
                    (F) in paragraph (9)(A), by striking ``, tribal, 
                and local stakeholders'' and inserting ``and local 
                stakeholders and Indian tribes, Tribal organizations, 
                and Native Hawaiian organizations'';
                    (G) by redesignating paragraphs (3), (4), (5), (6), 
                (7), (8), (9), (10), and (11) as paragraphs (4), (5), 
                (6), (7), (8), (9), (10), (12), and (13), respectively;
                    (H) by inserting after paragraph (2) the following:
            ``(3) consult with entities that are most dependent on 
        coastal and water resources that may be impacted by marine and 
        freshwater harmful algal blooms and hypoxia, including--
                    ``(A) State and local entities;
                    ``(B) Indian tribes, Tribal organizations, and 
                Native Hawaiians organizations;
                    ``(C) island communities;
                    ``(D) low-population rural communities;
                    ``(E) subsistence communities; and
                    ``(F) fisheries and recreation industries;''; and
                    (I) by inserting after paragraph (10), as 
                redesignated by subparagraph (G), the following:
            ``(11) expand access to testing for harmful algal bloom 
        toxins, including for subsistence and recreational harvesters, 
        through innovative methods that increase the efficiency and 
        effectiveness of such testing in rural and remote areas;'';
            (5) by amending subsections (f) to read as follows:
    ``(f) Cooperation; Duplication of Effort.--The Under Secretary 
shall work cooperatively with and avoid duplication of effort of other 
agencies on the Task Force and States, Indian tribes, Tribal 
organizations, Native Hawaiian organizations, and nongovernmental 
organizations concerned with marine and freshwater issues.''; and
            (6) by striking subsection (g), (h), and (i).
    (c) National Oceanic and Atmospheric Administration Activities.--
            (1) In general.--Section 603B of the Harmful Algal Blooms 
        and Hypoxia Research and Control Act of 1998 (33 U.S.C. 4003) 
        is amended to read as follows:

``SEC. 603B. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 
              ACTIVITIES.

    ``(a) In General.--The Under Secretary shall--
            ``(1) carry out response activities for marine, coastal, 
        and Great Lakes harmful algal bloom and hypoxia events;
            ``(2) develop and enhance operational harmful algal bloom 
        observing and forecasting programs, including operational 
        observations and forecasting, monitoring, modeling, data 
        management, and information dissemination;
            ``(3) develop forecast modeling that includes the effect of 
        hurricanes and other weather events on the resuspension of 
        bioavailable nutrients in sediments and related interactions 
        with harmful algal blooms;
            ``(4) enhance communication and coordination among Federal 
        agencies carrying out activities and research relating to 
        marine and freshwater harmful algal bloom and hypoxia;
            ``(5) leverage existing resources and expertise available 
        from local research universities and institutions; and
            ``(6) use cost effective methods in carrying out this 
        section.
    ``(b) Integrated Coastal and Ocean Observation System.--The 
collection of monitoring and observing data under this section 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 National 
Integrated Coastal and Ocean Observation System established under 
section 12304 of that Act (33 U.S.C. 3603).''.
            (2) Clerical amendment.--The table of contents in section 2 
        of the Coast Guard Authorization Act of 1998 (Public Law 105-
        383; 112 Stat. 3412; 136 Stat. 1268) is amended by striking the 
        item relating to section 603B and inserting the following:

``Sec. 603B. National Oceanic and Atmospheric Administration 
                            activities.''.
    (d) Environmental Protection Agency Activities.--
            (1) In general.--The Harmful Algal Bloom and Hypoxia 
        Research and Control Act of 1998 is amended by inserting after 
        section 603B (33 U.S.C. 4003) the following:

``SEC. 603C. ENVIRONMENTAL PROTECTION AGENCY ACTIVITIES.

    ``(a) In General.--The Administrator shall--
            ``(1) carry out research on the ecology and human health 
        impacts of freshwater harmful algal blooms and hypoxia events;
            ``(2) develop and enhance operational freshwater harmful 
        algal bloom monitoring, observing, and forecasting programs in 
        lakes, rivers, and reservoirs, and coordinate with the National 
        Oceanic and Atmospheric Administration on such programs in the 
        Great Lakes and estuaries (including tributaries thereof), 
        including operational observations and forecasting, monitoring, 
        modeling, data management, and information dissemination, to 
        support event response, prioritization, prevention, adaptation, 
        and mitigation activities;
            ``(3) enhance communication and coordination among Federal 
        agencies carrying out freshwater harmful algal bloom and 
        hypoxia activities and research;
            ``(4) to the greatest extent practicable, leverage existing 
        resources and expertise available from Federal and State 
        partners and local research universities and institutions; and
            ``(5) use cost-effective methods in carrying out this 
        section.
    ``(b) Nonduplication.--The Administrator shall ensure that 
activities carried out under subsection (a) 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.''.
            (2) Clerical amendment.--The table of contents in section 2 
        of the Coast Guard Authorization Act of 1998 (Public Law 105-
        383; 112 Stat. 3412; 136 Stat. 1268) is amended by inserting 
        after the item relating to section 603B the following:

``Sec. 603C. Environmental Protection Agency activities.''.
    (e) National Harmful Algal Bloom and Hypoxia Observing Network.--
            (1) In general.--Section 606 of the Harmful Algal Blooms 
        and Hypoxia Research and Control Act of 1998 (33 U.S.C. 4005) 
        is amended to read as follows:

``SEC. 606. NATIONAL HARMFUL ALGAL BLOOM OBSERVING NETWORK.

    ``(a) In General.--The Under Secretary, acting through the National 
Centers for Coastal Ocean Science and the Integrated Ocean Observing 
System of the National Oceanic and Atmospheric Administration, shall 
integrate Federal, State, regional, and local observing capabilities to 
establish a national network of observing systems for the monitoring, 
detection, and forecasting of harmful algal blooms by leveraging the 
capacity of regional associations of the Integrated Ocean Observing 
System, including through the incorporation of emerging technologies 
and new data integration methods.
    ``(b) Coordination and Data Assembly.--In carrying out subsection 
(a), the Program Office of the Integrated Ocean Observing System 
shall--
            ``(1) coordinate with the National Centers for Coastal 
        Ocean Science regarding observations, data integration, and 
        information dissemination;
            ``(2) organize, integrate, disseminate, and provide a 
        central architecture to support ecological forecasting of 
        harmful algal blooms; and
            ``(3) coordinate with the Water Quality Portal to store and 
        serve discrete data related to the monitoring of freshwater, 
        estuarine, and coastal harmful algal blooms.''.
            (2) Clerical amendment.--The table of contents in section 2 
        of the Coast Guard Authorization Act of 1998 (Public Law 105-
        383; 112 Stat. 3412; 136 Stat. 1268) is amended by striking the 
        item relating to section 606 and inserting the following:

``Sec. 606. National harmful algal bloom observing network.''.
    (f) National-level Incubator Program.--
            (1) In general.--The Harmful Algal Blooms and Hypoxia 
        Research and Control Act of 1998 is amended by inserting after 
        section 606 (33 U.S.C. 4005) the following:

``SEC. 606A. NATIONAL-LEVEL INCUBATOR PROGRAM.

    ``(a) In General.--The Under Secretary, in collaboration with the 
Administrator and research universities and institutions, shall 
establish a national-level incubator program (in this section referred 
to as the `program') to increase the number of strategies, 
technologies, and measures available to prevent, mitigate, and control 
harmful algal blooms.
    ``(b) Framework.--The program shall establish a framework for 
preliminary assessments of novel strategies, technologies, and measures 
to prevent, mitigate, and control harmful algal blooms in order to 
determine the potential effectiveness and scalability of such 
technologies.
    ``(c) Funding.--The program shall provide merit-based funding, 
using amounts otherwise available to the Under Secretary for the award 
of grants, for strategies, technologies, and measures that eliminate or 
reduce, through biological, chemical, or physical means, the levels of 
harmful algae and associated toxins resulting from harmful algal 
blooms.
    ``(d) Database.--The program shall include a database for 
cataloging the licensing and permitting requirements, economic costs, 
feasibility, effectiveness, and scalability of novel and established 
strategies, technologies, and measures to prevent, mitigate, and 
control harmful algal blooms.
    ``(e) Prioritization.--In carrying out the program, the Under 
Secretary shall prioritize proposed strategies, technologies, and 
measures that would, to the maximum extent practicable--
            ``(1) protect key habitats for fish and wildlife;
            ``(2) maintain biodiversity;
            ``(3) protect public health;
            ``(4) protect coastal resources of national, historical, 
        and cultural significance; or
            ``(5) benefit low-income communities, Indian tribes, and 
        rural communities.''.
            (2) Clerical amendment.--The table of contents in section 2 
        of the Coast Guard Authorization Act of 1998 (Public Law 105-
        383; 112 Stat. 3412; 136 Stat. 1268) is amended by inserting 
        after the item relating to section 606 the following:

``Sec. 606A. National-level incubator program.''.
    (g) Definitions.--Section 609 of the Harmful Algal Blooms and 
Hypoxia Research and Control Act of 1998 (33 U.S.C. 4008) is amended--
            (1) in paragraph (1), by striking ``means the comprehensive 
        research plan and action strategy established under section 
        603B'' and inserting ``means the action strategy for harmful 
        algal blooms in the United States most recently submitted under 
        section 603(c)'';
            (2) by amending paragraph (3) to read as follows:
            ``(3) Harmful algal bloom.--The term `harmful algal bloom' 
        means a high concentration of marine or freshwater algae 
        (including diatoms), macroalgae (including Sargassum), or 
        cyanobacteria resulting in nuisance conditions or harmful 
        impacts on marine and freshwater ecosystems, subsistence 
        resources, communities, or human health through the production 
        of toxic compounds or other biological, chemical, or physical 
        impacts of the bloom.'';
            (3) by striking paragraph (9);
            (4) by redesignating paragraphs (4), (5), (6), (7), and (8) 
        as paragraphs (5), (8), (9), (11), and (13), respectively;
            (5) by inserting after paragraph (3) the following:
            ``(4) Harmful algal bloom and hypoxia event.--The term 
        `harmful algal bloom and hypoxia event' means the occurrence of 
        a harmful algal bloom or hypoxia as a result of a natural, 
        anthropogenic, or undetermined cause.'';
            (6) in paragraph (5), as redesignated by paragraph (4)--
                    (A) by striking ``aquatic'' and inserting ``marine 
                or freshwater''; and
                    (B) by striking ``resident'' and inserting ``marine 
                or freshwater'';
            (7) by inserting after paragraph (5), as redesignated by 
        paragraph (4), the following:
            ``(6) Indian tribe.--The term `Indian tribe' has the 
        meaning given that term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            ``(7) Native hawaiian organization.--The term `Native 
        Hawaiian organization' has the meaning given that term in 
        section 6207 of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 7517) and includes the Department of Hawaiian 
        Home Lands and the Office of Hawaiian Affairs.'';
            (8) by inserting after paragraph (9), as redesignated by 
        paragraph (4), the following:
            ``(10) Subsistence use.--The term `subsistence use' means 
        the customary and traditional use of fish, wildlife, or other 
        freshwater, coastal, or marine resources by any individual or 
        community to meet personal or family needs, including essential 
        economic, nutritional, or cultural applications.''; and
            (9) by inserting after paragraph (11), as redesignated by 
        paragraph (4), the following:
            ``(12) Tribal organization.--The term `Tribal organization' 
        has the meaning given that term in section 4 of the Indian 
        Self-Determination and Education Assistance Act (25 U.S.C. 
        5304).''.
    (h) Authorization of Appropriations.--Section 610 of the Harmful 
Algal Blooms and Hypoxia Research and Control Act of 1998 (33 U.S.C. 
4009) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) In General.--There is authorized to be appropriated to carry 
out this title, for each of fiscal years 2025 through 2029--
            ``(1) $19,500,000 to the Under Secretary; and
            ``(2) $8,000,000 to the Administrator.''; and
            (2) by adding at the end the following:
    ``(c) Transfer Authority.--The Under Secretary or the Administrator 
may make a direct non-expenditure transfer of funds authorized to be 
appropriated pursuant to subsection (a) to the head of any Federal 
department or agency, with the concurrence of such head, to carry out, 
as appropriate, relevant provisions of this title and section 9(g) of 
the National Integrated Drought Information System Reauthorization Act 
of 2018 (33 U.S.C. 4010).''.

SEC. 3. OTHER HARMFUL ALGAL BLOOM MATTERS.

    Section 9(g) of the National Integrated Drought Information System 
Reauthorization Act of 2018 (33 U.S.C. 4010) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (B), by adding at the end the 
                following new sentence: ``The appropriate Federal 
                official may waive the non-Federal share requirements 
                of the preceding sentence if such official determines 
                no reasonable means are available through which the 
                recipient of the Federal share can meet the non-Federal 
                share requirement.''; and
                    (B) by adding at the end the following:
                    ``(D) Contract, cooperative agreement, and grant 
                authority.--The appropriate Federal official may enter 
                into contracts, cooperative agreements, and grants with 
                States, Indian Tribes, Tribal organizations, Native 
                Hawaiian organizations, local governments, or other 
                entities to pay for or reimburse costs incurred by such 
                entities for the purposes of supporting the 
                determination of, and assessing the environmental, 
                economic, social, subsistence use, and public health 
                effects of, a harmful algal bloom or hypoxia event of 
                national significance.'';
            (2) in paragraph (2)--
                    (A) in subparagraph (A), by inserting ``a 
                leadership official of an affected Indian Tribe, the 
                executive official of the District of Columbia, or the 
                executive official of an affected territory or 
                possession of the United States,'' after ``State,''; 
                and
                    (B) in subparagraph (B), by striking ``consider'' 
                and all that follows through ``boundary.'' and 
                inserting ``consider factors such as--
                            ``(i) the risk to public health and the 
                        potential severity of the detrimental 
                        environmental effects of the harmful algal 
                        bloom or hypoxia event, as indicated by--
                                    ``(I) data on shellfish or water 
                                quality obtained through sampling 
                                programs, including baseline data, and 
                                regulatory or advisory thresholds 
                                established to explain management 
                                actions related to the event;
                                    ``(II) toxin levels in fish, marine 
                                mammals, seabirds, shellfish, or water 
                                during the event;
                                    ``(III) toxic aerosols produced 
                                during the event, including potential 
                                human exposures to toxic aerosols;
                                    ``(IV) reports of human or animal 
                                illnesses or mortalities during the 
                                event;
                                    ``(V) any closures of fishing or 
                                shellfish harvesting locations or 
                                recreational public waters, including 
                                beaches, during the event;
                                    ``(VI) the duration and spatial 
                                extent of the event; or
                                    ``(VII) impacts to habitats or 
                                ecosystems associated with the event;
                            ``(ii) the potential economic, social, and 
                        subsistence impacts associated with the harmful 
                        algal bloom or hypoxia event, including to 
                        fisheries and aquaculture, recreation and 
                        tourism, monitoring and management, social or 
                        cultural resource use, and event response 
                        activities, assessed in comparison with 
                        historical data from when a State or region did 
                        not experience such an event, as possible, as 
                        indicated by--
                                    ``(I) increases in public health 
                                expenditures;
                                    ``(II) losses to commercial 
                                fisheries and aquaculture industries, 
                                recreation and tourism, real estate, 
                                and other impacted industries or 
                                businesses;
                                    ``(III) increases in monitoring and 
                                management expenditures, including 
                                costs incurred for event response and 
                                clean-up (such as for beach clean-up 
                                following an influx of biomass or a 
                                fish-kill) by public or private 
                                sectors; or
                                    ``(IV) impacts to subsistence 
                                resources, including nutritional, 
                                cultural, and economic effects on 
                                subsistence communities;
                            ``(iii) the relative magnitude of those 
                        impacts in relation to past occurrences of 
                        harmful algal bloom or hypoxia events that 
                        occur on a recurrent or annual basis; and
                            ``(iv) the geographic scope of the harmful 
                        algal bloom or hypoxia event, including the 
                        potential of the event to affect several 
                        municipalities, to affect more than 1 State, or 
                        to cross an international boundary.'';
            (3) in paragraph (3), by adding at the end the following:
                    ``(D) Indian tribe.--The term `Indian Tribe' has 
                the meaning given that term in section 4 of the Indian 
                Self-Determination and Education Assistance Act (25 
                U.S.C. 5304).
                    ``(E) Native hawaiian organization.--The term 
                `Native Hawaiian organization' has the meaning given 
                that term in section 6207 of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 7517) and 
                includes the Department of Hawaiian Home Lands and the 
                Office of Hawaiian Affairs.
                    ``(F) Tribal organization.--The term `Tribal 
                organization' has the meaning given that term in 
                section 4 of the Indian Self-Determination and 
                Education Assistance Act (25 U.S.C. 5304).''; and
            (4) by adding at the end the following:
            ``(4) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $2,000,000 for 
        each of fiscal years 2025 through 2029, to remain available 
        until expended.''.
                                                       Calendar No. 512

118th CONGRESS

  2d Session

                                S. 3348

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 17, 2024

                       Reported with an amendment
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