```

[Senate Report 113-121]
[From the U.S. Government Publishing Office]

113th Congress                                                   Report
                                 SENATE
 1st Session                                                    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

       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                    one hundred thirteenth congress
                             first session

            JOHN D. ROCKEFELLER IV, West Virginia, Chairman

BARBARA BOXER, California            JOHN THUNE, South Dakota
BILL NELSON, Florida                 ROGER F. WICKER, Mississippi
MARIA CANTWELL, Washington           ROY BLUNT, Missouri
MARK PRYOR, Arkansas                 MARCO RUBIO, Florida
CLAIRE McCASKILL, Missouri           KELLY AYOTTE, New Hampshire
AMY KLOBUCHAR, Minnesota             DEAN HELLER, Nevada
MARK WARNER, Virginia                DAN COATS, Indiana
MARK BEGICH, Alaska                  TIM SCOTT, South Carolina
RICHARD BLUMENTHAL, Connecticut      TED CRUZ, Texas
BRIAN SCHATZ, Hawaii                 DEB FISCHER, Nebraska
ED MARKEY, Massachusetts             RON JOHNSON, Wisconsin
CORY BOOKER, New Jersey

                     Ellen Doneski, Staff Director
                     John Williams, General Counsel
              David Schwietert, Republican Staff Director
              Nick Rossi, Republican Deputy Staff Director
               Rebecca Seidel, Republican General Counsel

                                                       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 
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 
Nation'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 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 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 PLAN\1\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------
  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\
---------------------------------------------------------------------------

    \2\Mississippi 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.
---------------------------------------------------------------------------
  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\
---------------------------------------------------------------------------

    \3\Lopez, 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.
---------------------------------------------------------------------------
  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\
---------------------------------------------------------------------------

    \4\Lopez, 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.
---------------------------------------------------------------------------
  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 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 non-
competitive research aimed at meeting the multiple goals of HAB 
management.

HARMFUL ALGAL BLOOM RESEARCH, DEVELOPMENT, DEMONSTRATION, & TECHNOLOGY 
                    TRANSFER (HAB RDDTT) NATIONAL WORKSHOP REPORT\5\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------
  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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------
  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 Commerce 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, pay-as-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-
                                                              2014     2015     2016     2017     2018     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 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.

                   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;
          (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 non-government 
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.

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.

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;
          (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 Hypoxia[ 
(hereinafter referred to as the ``Task Force'')]. The Task 
Force shall consist of [the 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; [and]
          (12) the Centers for Disease Control; and
          [(12)](13) [such] other Federal agencies as the 
        President considers appropriate.
  (b) Assessment of Harmful Algal Blooms.--
          (1) Not later than 12 months after the date of the 
        enactment of this title, the Task Force, in cooperation 
        with the coastal States, Indian tribes, and local 
        governments, industry (including agricultural 
        organizations), academic institutions, and non-
        governmental organizations with expertise in coastal 
        zone management, shall complete and submit to the 
        Congress an assessment which examines the ecological 
        and economic consequences of harmful algal blooms, 
        alternatives for reducing, mitigating, and controlling 
        harmful algal blooms, and the social and economic costs 
        and benefits of such alternatives.
          (2) The assessment shall--
                  (A) identify alternatives for preventing 
                unnecessary duplication of effort among Federal 
                agencies and departments with respect to 
                harmful algal blooms; and
                  (B) provide for Federal cooperation and 
                coordination with and assistance to the coastal 
                States, Indian tribes, and local governments in 
                the prevention, reduction, management, 
                mitigation, and control of harmful algal blooms 
                and their environmental and public health 
                impacts.
  (c) Assessment of Hypoxia.--
          (1) Not later than 12 months after the date of the 
        enactment of this title, the Task Force, in cooperation 
        with the States, Indian tribes, local governments, 
        industry, agricultural, academic institutions, and non-
        governmental organizations with expertise in watershed 
        and coastal zone management, shall complete and submit 
        to the Congress an assessment which examines the 
        ecological and economic consequences of hypoxia in 
        United States coastal waters, alternatives for 
        reducing, mitigating, and controlling hypoxia, and the 
        social and economic costs and benefits of such 
        alternatives.
          (2) The assessment shall--
                  (A) establish needs, priorities, and 
                guidelines for a peer-reviewed, interagency 
                research program on the causes, 
                characteristics, and impacts of hypoxia;
                  (B) identify alternatives for preventing 
                unnecessary duplication of effort among Federal 
                agencies and departments with respect to 
                hypoxia; and
                  (C) provide for Federal cooperation and 
                coordination with and assistance to the States, 
                Indian tribes, and local governments in the 
                prevention, reduction, management, mitigation, 
                and control of hypoxia and its environmental 
                impacts.
  (d) Report to Congress on Harmful Algal Bloom Impacts.--
          (1) Development.--Not later than 12 months after the 
        date of enactment of the Harmful Algal Bloom and 
        Hypoxia Amendments Act of 2004, the President, in 
        consultation with the chief executive officers of the 
        States, shall develop and submit to the Congress a 
        report that describes and evaluates the effectiveness 
        of measures described in paragraph (2) that may be 
        utilized to protect environmental and public health 
        from impacts of harmful algal blooms. In developing the 
        report, the President shall consult with the Task 
        Force, the coastal States, Indian tribes, local 
        governments, appropriate industries (including 
        fisheries, agriculture, and fertilizer), academic 
        institutions, and nongovernmental organizations with 
        expertise in coastal zone science and management, and 
        also consider the scientific assessments developed 
        under this Act.
          (2) Requirements.--The report shall--
                  (A) review techniques for prediction of the 
                onset, course, and impacts of harmful algal 
                blooms including evaluation of their accuracy 
                and utility in protecting environmental and 
                public health and provisions for their 
                development;
                  (B) identify innovative research and 
                development methods for the prevention, 
                control, and mitigation of harmful algal blooms 
                and provisions for their development; and
                  (C) include incentive-based partnership 
                approaches regarding subparagraphs (A) and (B) 
                where practicable.
          (3) Publication and opportunity for comment.--At 
        least 90 days before submitting the report to the 
        Congress, the President shall cause a summary of the 
        proposed plan to be published in the Federal Register 
        for a public comment period of not less than 60 days.
          (4) Federal assistance.--The Secretary of Commerce, 
        in coordination with the Task Force and to the extent 
        of funds available, shall provide for Federal 
        cooperation with and assistance to the coastal States, 
        Indian tribes, and local governments regarding the 
        measures described in paragraph (2), as requested.
  (e) Local and Regional Scientific Assessments.--
          (1) In general.--The Secretary of Commerce, in 
        coordination with the Task Force and appropriate State, 
        Indian tribe, and local governments, to the extent of 
        funds available, shall provide for local and regional 
        scientific assessments of hypoxia and harmful algal 
        blooms, as requested by States, Indian tribes, and 
        local governments, or for affected areas as identified 
        by the Secretary. If the Secretary receives multiple 
        requests, the Secretary shall ensure, to the extent 
        practicable, that assessments under this subsection 
        cover geographically and ecologically diverse locations 
        with significant ecological and economic impacts from 
        hypoxia or harmful algal blooms. The Secretary shall 
        establish a procedure for reviewing requests for local 
        and regional assessments. The Secretary shall ensure, 
        through consultation with Sea Grant Programs, that the 
        findings of the assessments are communicated to the 
        appropriate State, Indian tribe, and local governments, 
        and to the general public.
          (2) Purpose.--Local and regional assessments shall 
        examine--
                  (A) the causes and ecological consequences, 
                and the economic cost, of hypoxia or harmful 
                algal blooms in that area;
                  (B) potential methods to prevent, control, 
                and mitigate hypoxia or harmful algal blooms in 
                that area and the potential ecological and 
                economic costs and benefits of such methods; 
                and
                  (C) other topics the Task Force considers 
                appropriate.
  (f) Scientific Assessment of Freshwater Harmful Algal 
Blooms.--
          (1) Not later than 24 months after the date of 
        enactment of the Harmful Algal Bloom and Hypoxia 
        Amendments Act of 2004 the Task Force shall complete 
        and submit to Congress a scientific assessment of 
        current knowledge about harmful algal blooms in 
        freshwater, such as the Great Lakes and upper reaches 
        of estuaries, including a research plan for 
        coordinating Federal efforts to better understand 
        freshwater harmful algal blooms.
          (2) The freshwater harmful algal bloom scientific 
        assessment shall--
                  (A) examine the causes and ecological 
                consequences, and the economic costs, of 
                harmful algal blooms with significant effects 
                on freshwater, including estimations of the 
                frequency and occurrence of significant events;
                  (B) establish priorities and guidelines for a 
                competitive, peer-reviewed, merit-based 
                interagency research program, as part of the 
                Ecology and Oceanography of Harmful Algal 
                Blooms (ECOHAB) project, to better understand 
                the causes, characteristics, and impacts of 
                harmful algal blooms in freshwater locations; 
                and
                  (C) identify ways to improve coordination and 
                to prevent unnecessary duplication of effort 
                among Federal agencies and departments with 
                respect to research on harmful algal blooms in 
                freshwater locations.
  (g) Scientific Assessments of Hypoxia.--
          (1) Not less than once every 5 years the Task Force 
        shall complete and submit to the Congress a scientific 
        assessment of hypoxia in United States coastal waters 
        including the Great Lakes. The first such assessment 
        shall be completed not less than 24 months after the 
        date of enactment of the Harmful Algal Bloom and 
        Hypoxia Amendments Act of 2004.
          (2) The assessments under this subsection shall--
                  (A) examine the causes and ecological 
                consequences, and the economic costs, of 
                hypoxia;
                  (B) describe the potential ecological and 
                economic costs and benefits of possible policy 
                and management actions for preventing, 
                controlling, and mitigating hypoxia;
                  (C) evaluate progress made by, and the needs 
                of, Federal research programs on the causes, 
                characteristics, and impacts of hypoxia, 
                including recommendations of how to eliminate 
                significant gaps in hypoxia modeling and 
                monitoring data; and
                  (D) identify ways to improve coordination and 
                to prevent unnecessary duplication of effort 
                among Federal agencies and departments with 
                respect to research on hypoxia.
  (h) Scientific Assessments of Harmful Algal Blooms.--
          (1) Not less than once every 5 years the Task Force 
        shall complete and submit to Congress a scientific 
        assessment of harmful algal blooms in United States 
        coastal waters. The first such assessment shall be 
        completed not later than 24 months after the date of 
        enactment of the Harmful Algal Bloom and Hypoxia 
        Amendments Act of 2004 and shall consider only marine 
        harmful algal blooms. All subsequent assessments shall 
        examine both marine and freshwater harmful algal 
        blooms, including those in the Great Lakes and upper 
        reaches of estuaries.
          (2) The assessments under this subsection shall--
                  (A) examine the causes and ecological 
                consequences, and economic costs, of harmful 
                algal blooms;
                  (B) describe the potential ecological and 
                economic costs and benefits of possible actions 
                for preventing, controlling, and mitigating 
                harmful algal blooms;
                  (C) evaluate progress made by, and the needs 
                of, Federal research programs on the causes, 
                characteristics, and impacts of harmful algal 
                blooms; and
                  (D) identify ways to improve coordination and 
                to prevent unnecessary duplication of effort 
                among Federal agencies and departments with 
                respect to research on harmful algal blooms.
  (i) National Scientific Research, Development, Demonstration, 
and Technology Transfer Plan on Reducing Impacts from Harmful 
Algal Blooms.--
          (1) Not later than 12 months after the date of 
        enactment of the Harmful Algal Bloom and Hypoxia 
        Amendments Act of 2004, the Task Force shall develop 
        and submit to Congress a plan providing for a 
        comprehensive and coordinated national research program 
        to develop and demonstrate prevention, control, and 
        mitigation methods to reduce the impacts of harmful 
        algal blooms on coastal ecosystems (including the Great 
        Lakes), public health, and the economy.
          (2) The plan shall--
                  (A) establish priorities and guidelines for a 
                competitive, peer reviewed, merit based 
                interagency research, development, 
                demonstration, and technology transfer program 
                on methods for the prevention, control, and 
                mitigation of harmful algal blooms;
                  (B) identify ways to improve coordination and 
                to prevent unnecessary duplication of effort 
                among Federal agencies and departments with 
                respect to the actions described in paragraph 
                (1); and
                  (C) include to the maximum extent practicable 
                diverse institutions, including Historically 
                Black Colleges and Universities and those 
                serving large proportions of Hispanics, Native 
                Americans, Asian Pacific Americans, and other 
                underrepresented populations.
          (3) The Secretary of Commerce, in conjunction with 
        other appropriate Federal agencies, shall establish a 
        research, development, demonstration, and technology 
        transfer program that meets the priorities and 
        guidelines established under paragraph (2)(A). The 
        Secretary shall ensure, through consultation with Sea 
        Grant Programs, that the results and findings of the 
        program are communicated to State, Indian tribe, and 
        local governments, and to the general public.
  (j) 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
          (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;
          (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 
Activities.--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;
                  (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 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.

[SEC. 604. NORTHERN GULF OF MEXICO HYPOXIA.

  [(a) Assessment Report.--Not later than May 30, 1999, the 
Task Force shall complete and submit to Congress and the 
President an integrated assessment of hypoxia in the northern 
Gulf of Mexico that examines: the distribution, dynamics, and 
causes; ecological and economic consequences; sources and loads 
of nutrients transported by the Mississippi River to the Gulf 
of Mexico; effects of reducing nutrient loads; methods for 
reducing nutrient loads; and the social and economic costs and 
benefits of such methods.
  [(b) Submission of a Plan.--No later than March 30, 2000, the 
President, in conjunction with the chief executive officers of 
the States, shall develop and submit to Congress a plan, based 
on the integrated assessment submitted under subsection (a), 
for reducing, mitigating, and controlling hypoxia in the 
northern Gulf of Mexico. In developing such plan, the President 
shall consult with State, Indian tribe, and local governments, 
academic, agricultural, industry, and environmental groups and 
representatives. Such plan shall include incentive-based 
partnership approaches. The plan shall also include the social 
and economic costs and benefits of the measures for reducing, 
mitigating, and controlling hypoxia. At least 90 days before 
the President submits such plan to the Congress, a summary of 
the proposed plan shall be published in the Federal Register 
for a public comment period of not less than 60 days.]

SEC. 604. NORTHERN GULF OF MEXICO HYPOXIA.

  (a) 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.

[SEC. 605. AUTHORIZATION OF APPROPRIATIONS.

  [There are authorized to be appropriated to the Secretary of 
Commerce for research, education, and monitoring activities 
related to the prevention, reduction, and control of harmful 
algal blooms and hypoxia, $15,000,000 for fiscal year 1999, 
$18,250,000 for fiscal year 2000, $19,000,000 for fiscal year 
2001, $23,500,000 for fiscal year 2005, $24,500,000 for fiscal 
year 2006, $25,000,000 for fiscal year 2007, and $30,000,000 
for each of fiscal years 2008 through 2010, to remain available 
until expended. The Secretary shall consult with the States on 
a regular basis regarding the development and implementation of 
the activities authorized under this section. Of such amounts 
for each fiscal year--
          [(1) $1,500,000 for fiscal year 1999, $1,500,000 for 
        fiscal year 2000, $2,000,000 for fiscal year 2001, and 
        $2,500,000 for each of fiscal years 2005 through 2010 
        may be used to enable the National Oceanic and 
        Atmospheric Administration to carry out research and 
        assessment activities, including procurement of 
        necessary research equipment, at research laboratories 
        of the National Ocean Service and the National Marine 
        Fisheries Service;
          [(2) $4,000,000 for fiscal year 1999, $5,500,000 for 
        fiscal year 2000, $5,500,000 for fiscal year 2001, and 
        $6,500,000, of which $1,000,000 shall be used for the 
        research program described in section 603(f)(2)(B), for 
        each of fiscal years 2005 through 2010 may be used to 
        carry out the Ecology and Oceanography of Harmful Algal 
        Blooms (ECOHAB) project under the Coastal Ocean Program 
        established under section 201(c) of Public Law 102-567;
          [(3) $1,000,000 for fiscal year 1999, $2,000,000 for 
        fiscal year 2000, $2,000,000 for fiscal year 2001, and 
        $3,000,000 for each of fiscal years 2005 through 2010 
        may be used by the National Ocean Service of the 
        National Oceanic and Atmospheric Administration to 
        carry out a peer-reviewed research project on 
        management measures that can be taken to prevent, 
        reduce, control, and mitigate harmful algal blooms and 
        to carry out section 603(d);
          [(4) $5,500,000 for each of the fiscal years 1999, 
        2000, 2001, and $6,000,000 for each of fiscal years 
        2005 through 2010 may be used to carry out Federal and 
        State annual monitoring and analysis activities for 
        harmful algal blooms administered by the National Ocean 
        Service of the National Oceanic and Atmospheric 
        Administration;
          [(5) $3,000,000 for fiscal year 1999, $3,750,000 for 
        fiscal year 2000, $4,000,000 for fiscal year 2001, 
        $4,000,000 for fiscal year 2005, $5,000,000 for fiscal 
        year 2006, $5,500,000 for fiscal year 2007, and 
        $6,000,000 for each of fiscal years 2008 through 2010 
        may be used for activities related to research and 
        monitoring on hypoxia by the National Ocean Service and 
        the Office of Oceanic and Atmospheric Research of the 
        National Oceanic and Atmospheric Administration; and
          [(6) $1,500,000 for each of fiscal years 2005 through 
        2010 to carry out section 603(e).]

SEC. 605. 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;
          (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.
  (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 
        Inter-Agency 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 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.

                                  
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