I 

115TH CONGRESS 

1ST SESSION H. R. 4417 

To amend the Harmful Algal Bloom and Hypoxia Research and Control 

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

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 16, 2017 

Ms. BONAMICI (for herself, Ms. KAPTUR, Mr. JOYCE of Ohio, and Ms. EDDIE

BERNICE JOHNSON of Texas) introduced the following bill; which was referred to the Committee on Science, Space, and Technology, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Harmful Algal Bloom and Hypoxia Research 

and Control Act of 1998 to address harmful algal 

blooms, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

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

5 and Hypoxia Research and Control Amendments Act of 

6 2017’’. 


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1 SEC. 2. REFERENCES TO THE HARMFUL ALGAL BLOOM 

2 AND HYPOXIA RESEARCH AND CONTROL ACT 

3 OF 1998. 

4 Except as otherwise expressly provided, wherever in 

5 this Act an amendment or repeal is expressed in terms 

6 of an amendment to, or repeal of, a section or other provi7 sion, the reference shall be considered to be made to a 

8 section or other provision of the Harmful Algal Bloom and 

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

10 4001 et seq.). 

11 SEC. 3. INTER-AGENCY TASK FORCE. 

12 Section 603(a) (33 U.S.C. 4001(a)) is amended— 

13 (1) in paragraph (12), by striking ‘‘and’’ at the 

14 end; 

15 (2) by redesignating paragraph (13) as para16 graph (14); and 

17 (3) by inserting after paragraph (12) the fol18 lowing: 

19 ‘‘(13) the Army Corps of Engineers; and’’. 

20 SEC. 4. SCIENTIFIC ASSESSMENTS OF FRESHWATER HARM21 FUL ALGAL BLOOMS. 

22 Section 603 (33 U.S.C. 4001) is amended— 

23 (1) by striking subsection (f); 

24 (2) by redesignating subsections (g), (h), (i), 

25 and (j) as subsections (f), (g), (h), and (i), respec26 tively; and 


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1 (3) by amending subsection (g) to read as fol2 lows: 

3 ‘‘(g) SCIENTIFIC ASSESSMENTS OF MARINE AND

4 FRESHWATER HARMFUL ALGAL BLOOMS.—Not less than 

5 once every 5 years the Task Force shall complete and sub6 mit to Congress a scientific assessment of harmful algal 

7 blooms in United States coastal waters and freshwater 

8 systems. Each assessment shall examine both marine and 

9 freshwater harmful algal blooms, including those in the 

10 Great Lakes and upper reaches of estuaries, those in 

11 freshwater lakes and rivers, and those that originate in 

12 freshwater lakes or rivers and migrate to coastal waters.’’. 

13 SEC. 5. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA 

14 PROGRAM. 

15 (a) PROGRAM DUTIES.—Section 603A(e) (33 U.S.C. 

16 4002(e)) is amended— 

17 (1) in paragraph (1), by inserting ‘‘, including 

18 to local and regional stakeholders through the estab19 lishment and maintenance of a publicly accessible 

20 Internet website that provides information as to Pro21 gram activities completed under this section’’ after 

22 ‘‘Program’’; 

23 (2) in paragraph (3)— 

24 (A) in subparagraph (B), by striking ‘‘; 

25 and’’ and inserting a semicolon; 


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1 (B) in subparagraph (C), by inserting 

2 ‘‘and’’ after the semicolon at the end; and 

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

4 ‘‘(D) to accelerate the utilization of effec5 tive methods of intervention and mitigation to 

6 reduce the frequency, severity, and impacts of 

7 harmful algal bloom and hypoxia events;’’; 

8 (3) in paragraph (4), by striking ‘‘and work co9 operatively with’’ and inserting ‘‘, and work coopera10 tively to provide technical assistance to,’’; and 

11 (4) in paragraph (7)— 

12 (A) by inserting ‘‘and extension’’ after ‘‘ex13 isting education’’; and 

14 (B) by inserting ‘‘intervention,’’ after 

15 ‘‘awareness of the causes, impacts,’’. 

16 (b) NATIONAL OCEANIC AND ATMOSPHERIC ADMIN17 ISTRATION ACTIVITIES.—Section 603A(f) (33 U.S.C. 

18 4002(f)) is amended— 

19 (1) in paragraph (3), by inserting ‘‘, which shall 

20 include unmanned systems,’’ after ‘‘infrastructure’’; 

21 (2) in paragraph (5), by striking ‘‘and’’ at the 

22 end; 

23 (3) in paragraph (6)(C), by striking the period 

24 at the end and inserting a semicolon; and 

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


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

2 this Act; and 

3 ‘‘(8) develop contingency plans for the long4 term monitoring of hypoxia.’’. 

5 SEC. 6. CONSULTATION REQUIRED. 

6 Section 102 of the Harmful Algal Bloom and Hy7 poxia Amendments Act of 2004 (33 U.S.C. 4001a) is 

8 amended by striking ‘‘the amendments made by this title’’ 

9 and inserting ‘‘the Harmful Algal Bloom and Hypoxia Re10 search and Control Act of 1998’’. 

11 SEC. 7. HYPOXIA OR HARMFUL ALGAL BLOOM OF NA12 TIONAL SIGNIFICANCE. 

13 (a) RELIEF.— 

14 (1) IN GENERAL.—Upon a determination under 

15 subsection (b) that there is an event of national sig16 nificance, the appropriate Federal official is author17 ized to make sums available to the affected State or 

18 local government for the purposes of assessing and 

19 mitigating the detrimental environmental, economic, 

20 subsistence use, and public health effects of the 

21 event of national significance. 

22 (2) FEDERAL SHARE.—The Federal share of 

23 the cost of any activity carried out under this sub24 section for the purposes described in paragraph (1) 


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1 may not exceed 50 percent of the cost of that activ2 ity. 

3 (3) DONATIONS.—Notwithstanding any other 

4 provision of law, an appropriate Federal official may 

5 accept donations of funds, services, facilities, mate6 rials, or equipment that the appropriate Federal offi7 cial considers necessary for the purposes described 

8 in paragraph (1). Any funds donated to an appro9 priate Federal official under this paragraph may be 

10 expended without further appropriation and without 

11 fiscal year limitation. 

12 (b) DETERMINATIONS.— 

13 (1) IN GENERAL.—At the discretion of an ap14 propriate Federal official, or at the request of the 

15 Governor of an affected State, an appropriate Fed16 eral official shall determine whether a hypoxia or 

17 harmful algal bloom event is an event of national 

18 significance. 

19 (2) CONSIDERATIONS.—In making a determina20 tion under paragraph (1), the appropriate Federal 

21 official shall consider the toxicity of the harmful 

22 algal bloom, the severity of the hypoxia, its potential 

23 to spread, the economic impact, the relative size in 

24 relation to the past 5 occurrences of harmful algal 

25 blooms or hypoxia events that occur on a recurrent 


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1 or annual basis, and the geographic scope, including 

2 the potential to affect several municipalities, to af3 fect more than 1 State, or to cross an international 

4 boundary. 

5 (c) DEFINITIONS.—In this section: 

6 (1) APPROPRIATE FEDERAL OFFICIAL.—The 

7 term ‘‘appropriate Federal official’’ means— 

8 (A) in the case of a marine or coastal hy9 poxia or harmful algal bloom event, the Under 

10 Secretary of Commerce for Oceans and Atmos11 phere; and 

12 (B) in the case of a freshwater hypoxia or 

13 harmful algal bloom event, the Administrator of 

14 the Environmental Protection Agency. 

15 (2) EVENT OF NATIONAL SIGNIFICANCE.—The 

16 term ‘‘event of national significance’’ means a hy17 poxia or harmful algal bloom event that has had or 

18 will likely have a significant detrimental environ19 mental, economic, subsistence use, or public health 

20 impact on an affected State. 

21 (3) HYPOXIA OR HARMFUL ALGAL BLOOM

22 EVENT.—The term ‘‘hypoxia or harmful algal bloom 

23 event’’ means the occurrence of hypoxia or a harm24 ful algal bloom as a result of a natural, anthropo25 genic, or undetermined cause. 


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1 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

2 Section 609(a) (33 U.S.C. 4009(a)) is amended by 

3 inserting ‘‘, and $22,000,000 for each of fiscal years 2019 

4 through 2023’’ before the period at the end. 

Æ 


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