```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3650 Reported in House (RH)]

                                                 Union Calendar No. 233
111th CONGRESS
  2d Session
                                H. R. 3650

                      [Report No. 111-396, Part I]

  To establish a National Harmful Algal Bloom and Hypoxia Program, to 
   develop and coordinate a comprehensive and integrated strategy to 
   address harmful algal blooms and hypoxia, and to provide for the 
 development and implementation of comprehensive regional action plans 
              to reduce harmful algal blooms and hypoxia.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 25, 2009

 Mr. Baird (for himself, Mr. Ehlers, Mr. Mack, Ms. Castor of Florida, 
 Mr. Delahunt, and Mr. Kratovil) introduced the following bill; which 
    was referred to the Committee on Science 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

                            January 13, 2010

Additional sponsors: Mr. Pallone, Ms. Bordallo, Mr. Barrow, Mrs. Capps, 
    Ms. Ros-Lehtinen, Ms. Pingree of Maine, Mr. Farr, Mr. Boyd, Mr. 
  Capuano, Mr. Holt, Mr. Mario Diaz-Balart of Florida, Ms. Edwards of 
Maryland, Ms. Woolsey, Mrs. Bono Mack, Mr. Levin, Mr. Abercrombie, Mrs. 
 Christensen, Mr. Honda, Mr. Kennedy, Mr. Murphy of New York, Mr. Cao, 
Mr. Grijalva, Mr. Thompson of California, Mr. Michaud, Mr. Inslee, Ms. 
Hirono, Mr. Kirk, Ms. Wasserman Schultz, Mr. Buchanan, Mr. Putnam, Mr. 
  Markey of Massachusetts, Mr. Young of Florida, and Mr. Adler of New 
                                 Jersey

                            January 13, 2010

Reported from the Committee on Science and Technology with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                            January 13, 2010

 Committee on Natural Resources discharged; committed to the Committee 
 of the Whole House on the State of the Union and ordered to be printed
    [For text of introduced bill, see copy of bill as introduced on 
                          September 25, 2009]

_______________________________________________________________________

                                 A BILL

 
  To establish a National Harmful Algal Bloom and Hypoxia Program, to 
   develop and coordinate a comprehensive and integrated strategy to 
   address harmful algal blooms and hypoxia, and to provide for the 
 development and implementation of comprehensive regional action plans 
              to reduce harmful algal blooms and hypoxia.

 

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Harmful Algal Blooms and Hypoxia 
Research and Control Amendments Act of 2009''.

SEC. 2. AMENDMENT OF HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND 
              CONTROL ACT OF 1998.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Harmful Algal Bloom and 
Hypoxia Research and Control Act of 1998 (16 U.S.C. 1451 note).

SEC. 3. DEFINITIONS.

    (a) Amendment.--The Act is amended by inserting after section 602 
the following:

``SEC. 602A. DEFINITIONS.

    ``In this title:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Environmental Protection Agency.
            ``(2) Program.--The term `Program' means the National 
        Harmful Algal Bloom and Hypoxia Program established under 
        section 603A.
            ``(3) Under secretary.--The term `Under Secretary' means 
        the Under Secretary of Commerce for Oceans and Atmosphere.''.
    (b) Table of Contents Amendment.--The table of contents in section 
2 of the Coast Guard Authorization Act of 1998 is amended by adding 
after the item relating to section 602 the following new item:

``Sec. 602A. Definitions.''.

SEC. 4. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA PROGRAM.

    (a) Amendment.--The Act is amended by inserting after section 603 
the following:

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

    ``(a) In General.--Except as provided in subsection (d), the Under 
Secretary, through the Task Force established under section 603(a), 
shall establish and maintain a National Harmful Algal Bloom and Hypoxia 
Program pursuant to this section.
    ``(b) Duties.--The Under Secretary, through the Program, shall 
utilize the resources of the Task Force to--
            ``(1) develop and promote a national strategy to 
        understand, detect, predict, control, mitigate, and respond to 
        marine and freshwater harmful algal bloom and hypoxia events;
            ``(2) ensure the coordination of all Federal programs that 
        address marine and freshwater harmful algal blooms and hypoxia, 
        and other 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;
            ``(3) coordinate and work cooperatively with State, tribal, 
        and local government agencies and programs that address marine 
        and freshwater harmful algal blooms and hypoxia;
            ``(4) identify additional research, development, and 
        demonstration needs and priorities relating to monitoring, 
        prediction, prevention, control, mitigation, and response to 
        marine and freshwater harmful algal blooms and hypoxia;
            ``(5) encourage international information sharing and 
        research efforts on marine and freshwater harmful algal blooms 
        and hypoxia, and encourage international mitigation, control, 
        and response activities;
            ``(6) ensure the development and implementation of methods 
        and technologies to protect the ecosystems affected by marine 
        and freshwater harmful algal blooms;
            ``(7) coordinate an education program that integrates and 
        augments existing programs to improve public understanding and 
        awareness of the causes, impacts, and mitigation efforts for 
        marine and freshwater harmful algal blooms and hypoxia;
            ``(8) assist in regional, State, tribal, and local efforts 
        to develop and implement appropriate marine and freshwater 
        harmful algal bloom and hypoxia response plans, strategies, and 
        tools;
            ``(9) provide resources for and assist in the training of 
        State, tribal, and local water and coastal resource managers in 
        the methods and technologies for monitoring, controlling, 
        mitigating, and responding to the effects of marine and 
        freshwater harmful algal blooms and hypoxia events;
            ``(10) oversee the development, implementation, review, and 
        periodic updating of the Regional Research and Action Plans 
        under section 603B; and
            ``(11) administer peer-reviewed, merit-based competitive 
        grant funding to support--
                    ``(A) the projects maintained and established by 
                the Program; and
                    ``(B) the research and management needs and 
                priorities identified in the Regional Research and 
                Action Plans.
    ``(c) Cooperative Efforts.--The Under Secretary shall work 
cooperatively and avoid duplication of efforts with other offices, 
centers, and programs within the National Oceanic and Atmospheric 
Administration and other agencies represented on the Task Force 
established under section 603(a), States, tribes, and nongovernmental 
organizations concerned with marine and freshwater aquatic issues 
related to harmful algal blooms and hypoxia.
    ``(d) Freshwater Program.--With respect to the freshwater aspects 
of the Program, the Under Secretary and the Administrator shall jointly 
carry out the duties otherwise assigned to the Under Secretary under 
this section and section 603B, including each of the programs 
identified in subsection (e)(1) and (2). The Administrator's 
participation under this subsection shall include--
            ``(1) research on the ecology of freshwater harmful algal 
        blooms;
            ``(2) monitoring and event response of freshwater harmful 
        algal blooms in lakes, rivers, estuaries (including their 
        tributaries), and reservoirs; and
            ``(3) mitigation and control of freshwater harmful algal 
        blooms.
    ``(e) National Oceanic and Atmospheric Administration Programs.--
            ``(1) Existing programs.--The Under Secretary shall 
        maintain and enhance the following existing competitive 
        programs:
                    ``(A) The Ecology and Oceanography of Harmful Algal 
                Blooms Program.
                    ``(B) The Monitoring and Event Response for Harmful 
                Algal Blooms Program.
                    ``(C) The Northern Gulf of Mexico Ecosystems and 
                Hypoxia Assessment Program.
                    ``(D) The Coastal Hypoxia Research Program.
                    ``(E) The Prevention, Control, and Mitigation of 
                Harmful Algal Blooms Program.
            ``(2) New programs.--The Under Secretary shall establish 
        the following new programs:
                    ``(A) An Event Response Program to coordinate and 
                enhance, at the request of the States, marine and 
                freshwater harmful algal blooms and hypoxia events 
                response activities.
                    ``(B) An Infrastructure Program to--
                            ``(i) increase availability of--
                                    ``(I) analytical facilities and 
                                technologies;
                                    ``(II) operational forecasts; and
                                    ``(III) reference and research 
                                materials;
                            ``(ii) improve integration of harmful algal 
                        bloom activities with existing monitoring and 
                        observational programs; and
                            ``(iii) enhance communication and 
                        coordination required to meet the purposes of 
                        this Act.
    ``(f) Action Strategy.--
            ``(1) In general.--Not later than 12 months after the date 
        of enactment of the Harmful Algal Blooms and Hypoxia Research 
        and Control Amendments Act of 2009, the Under Secretary, 
        through the Task Force established under section 603(a), shall 
        transmit to the Congress an action strategy that identifies--
                    ``(A) the specific activities to be carried out by 
                the Program and the timeline for carrying out such 
                activities; and
                    ``(B) the roles and responsibilities of each 
                Federal agency in the Task Force established under 
                section 603(a) in carrying out Program activities.
            ``(2) Federal register.--The Under Secretary shall publish 
        the action strategy in the Federal Register.
            ``(3) Periodic revision.--The Under Secretary shall 
        periodically review and revise the action strategy prepared 
        under this subsection as necessary.
    ``(g) Report.--Every 2 years after the submission of the action 
strategy, the Under Secretary shall prepare and transmit to the 
Congress a report that describes--
            ``(1) the activities carried out under the Program and the 
        budget related to these activities;
            ``(2) the progress made on implementing the action 
        strategy; and
            ``(3) the need to revise or terminate activities or 
        projects under the Program.''.
    (b) Table of Contents Amendment.--The table of contents in section 
2 of the Coast Guard Authorization Act of 1998 is amended by adding 
after the item relating to section 603 the following new item:

``Sec. 603A. National Harmful Algal Bloom and Hypoxia Program.''.

SEC. 5. REGIONAL RESEARCH AND ACTION PLANS.

    (a) Amendment.--The Act is amended by inserting after section 603A 
the following:

``SEC. 603B. REGIONAL RESEARCH AND ACTION PLANS.

    ``(a) In General.--The Under Secretary, through the Task Force 
established under section 603(a), shall--
            ``(1) identify the appropriate regions and subregions to be 
        addressed by each Regional Research and Action Plan; and
            ``(2) oversee the development and implementation of the 
        Regional Research and Action Plans.
    ``(b) Contents.--The Plans developed under this section 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 prevent, predict, monitor, 
        control, and mitigate harmful algal blooms and hypoxia;
            ``(3) ways to reduce the duration and intensity of harmful 
        algal blooms and hypoxia, including in times of emergency;
            ``(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 vulnerable ecosystems 
        that could be or have been affected by harmful algal blooms and 
        hypoxia events;
            ``(6) mechanisms by which data, information, and products 
        are transferred between the Program and State, tribal, and 
        local governments and relevant research entities;
            ``(7) communication, outreach, and information 
        dissemination methods that State, tribal, and local governments 
        and stakeholder organizations can undertake to educate and 
        inform the public concerning harmful algal blooms and hypoxia; 
        and
            ``(8) the roles that Federal agencies can play to assist in 
        the implementation of the Plan.
    ``(c) Building on Available Studies and Information.--In developing 
the Plans under this section, the Under Secretary shall--
            ``(1) utilize and build on existing research, assessments, 
        and reports, including those carried out pursuant to existing 
        law and other relevant sources; and
            ``(2) consider the impacts, research, and existing program 
        activities of all United States coastlines and fresh and inland 
        waters, including the Great Lakes, the Chesapeake Bay, and 
        estuaries and tributaries.
    ``(d) Development of Plans.--The Under Secretary shall develop 
Plans under this section with assistance from the individuals and 
entities described in subsection (g).
    ``(e) Plan Timeline and Updates.--The Under Secretary, through the 
Task Force established under section 603(a), shall ensure that the 
Plans developed under this section are completed not later than 24 
months after the date of enactment of the Harmful Algal Blooms and 
Hypoxia Research and Control Amendments Act of 2009, and updated once 
every 5 years thereafter.
    ``(f) Reports.--Not later than 6 months after the completion of 
each Regional Research and Action Plan, the Under Secretary shall 
transmit to the Congress a report that provides a summary of such Plan, 
and once every 30 months after the completion of such Plan, the Under 
Secretary shall transmit to the Congress a report that describes--
            ``(1) the activities taken to implement the Plan, including 
        a description of research funded and actions and outcomes of 
        Plan response strategies carried out; and
            ``(2) Federal funding provided to implement the Plan.
    ``(g) Coordination and Consultation.--In developing the Plans under 
this section, as appropriate, the Under Secretary--
            ``(1) shall coordinate with State coastal management and 
        planning officials;
            ``(2) shall coordinate with tribal resource management 
        officials;
            ``(3) shall coordinate with 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
            ``(4) shall 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.''.
    (b) Table of Contents Amendment.--The table of contents in section 
2 of the Coast Guard Authorization Act of 1998 is amended by adding 
after the item relating to section 603A, as added by section 4(b) of 
this Act, the following new item:

``Sec. 603B. Regional research and action plans.''.

SEC. 6. NORTHERN GULF OF MEXICO HYPOXIA.

    Section 604 is amended to read as follows:

``SEC. 604. NORTHERN GULF OF MEXICO HYPOXIA.

    ``(a) Task Force Initial Progress Reports.--Not later than 12 
months after the date of enactment of the Harmful Algal Blooms and 
Hypoxia Research and Control Amendments Act of 2009, the Administrator, 
through the Mississippi River/Gulf of Mexico Watershed Nutrient Task 
Force, shall complete and transmit to the Congress and the President a 
report on the progress made by Task Force-directed activities toward 
attainment of the coastal goal of the 2008 Gulf Hypoxia Action Plan.
    ``(b) Task Force 2-Year Progress Reports.--After the initial report 
required under subsection (a), the Administrator, through the Task 
Force, shall complete and transmit to Congress and the President a 
report every 2 years thereafter on the progress made by Task Force-
directed activities toward attainment of the coastal goal of the 2008 
Gulf Hypoxia Action Plan.
    ``(c) Contents.--The reports required by this section shall assess 
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. The reports shall--
            ``(1) include an evaluation of how current policies and 
        programs affect management decisions, including those made by 
        municipalities and industrial and agricultural producers;
            ``(2) evaluate lessons learned; and
            ``(3) recommend appropriate actions to continue to 
        implement or, if necessary, revise the strategy set forth in 
        the 2008 Gulf Hypoxia Action Plan.''.

SEC. 7. PACIFIC NORTHWEST, ESTUARIES, AND PUGET SOUND HYPOXIA.

    (a) Amendment.--The Act is amended by inserting after section 604 
the following:

``SEC. 604A. PACIFIC NORTHWEST, ESTUARIES, AND PUGET SOUND HYPOXIA.

    ``(a) Assessment Report.--Not later than 12 months after the date 
of enactment of this Act, the Task Force established under section 603 
shall complete and submit to Congress and the President an integrated 
assessment of hypoxia in the coastal and estuarine waters of the 
Pacific Northwest that examines the status of current research, 
monitoring, prevention, response, and control efforts.
    ``(b) Plan.--Not later than 2 years after the date of enactment of 
this Act, such Task Force 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 coastal and 
estuarine waters of the Pacific Northwest. In developing such plan, the 
Task Force shall consult with State, Indian tribe, and local 
governments, and academic, agricultural, industry, and environmental 
groups and representatives. Such plan shall include incentive-based 
partnership approaches. The plan shall also address the social and 
economic costs and benefits of the measures for reducing, mitigating, 
and controlling hypoxia. At least 90 days before submission of such 
plan to the Congress, a summary of the proposed plan shall be published 
in the Federal Register. After submission of the plan, the Task Force 
shall provide progress reports on the activities toward attainment of 
the goals set forth in the plan reduce, mitigate, and control hypoxia 
in the coastal and estuarine waters of the Pacific Northwest every 2 
years.''.
    (b) Table of Contents Amendment.--The table of contents in section 
2 of the Coast Guard Authorization Act of 1998 is amended by adding 
after the item relating to section 604 the following new item:

``Sec. 604A. Pacific Northwest, estuaries, and Puget Sound hypoxia.''.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    Section 605 is amended to read as follows:

``SEC. 605. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated--
            ``(1) to the Under Secretary to carry out sections 603A and 
        603B, $35,000,000 for each of fiscal years 2010 through 2014, 
        of which, for each fiscal year--
                    ``(A) up to $3,000,000 shall be for the development 
                of the Regional Research and Action Plans and the 
                reports required by sections 604 and 604A;
                    ``(B) $3,000,000 shall be for the research and 
                assessment activities related to marine and freshwater 
                harmful algal blooms at research laboratories of the 
                National Oceanic and Atmospheric Administration;
                    ``(C) $8,000,000 shall be used to carry out the 
                Ecology and Oceanography of Harmful Algal Blooms 
                Program (ECOHAB);
                    ``(D) $5,500,000 shall be used to carry out the 
                Monitoring and Event Response for Harmful Algal Blooms 
                Program (MERHAB);
                    ``(E) $1,500,000 shall be used to carry out the 
                Northern Gulf of Mexico Ecosystems and Hypoxia 
                Assessment Program (NGOMEX);
                    ``(F) $5,000,000 shall be used to carry out the 
                Coastal Hypoxia Research Program (CHRP);
                    ``(G) $5,000,000 shall be used to carry out the 
                Prevention, Control, and Mitigation of Harmful Algal 
                Blooms Program (PCM);
                    ``(H) $1,000,000 shall be used to carry out the 
                Event Response Program; and
                    ``(I) $3,000,000 shall be used to carry out the 
                Infrastructure Program; and
            ``(2) to the Administrator to carry out sections 603A and 
        603B, $6,000,000 for each of fiscal years 2010 through 2014, of 
        which up to $3,000,000 for each fiscal year shall be for 
        participation in carrying out section 603A(e), as described in 
        section 603A(d).''.
                                                 Union Calendar No. 233

111th CONGRESS

  2d Session

                               H. R. 3650

                      [Report No. 111-396, Part I]

_______________________________________________________________________

                                 A BILL

  To establish a National Harmful Algal Bloom and Hypoxia Program, to 
   develop and coordinate a comprehensive and integrated strategy to 
   address harmful algal blooms and hypoxia, and to provide for the 
 development and implementation of comprehensive regional action plans 
              to reduce harmful algal blooms and hypoxia.

_______________________________________________________________________

                            January 13, 2010

Reported from the Committee on Science and Technology with an amendment

                            January 13, 2010

 Committee on Natural Resources discharged; committed to the Committee 
 of the Whole House on the State of the Union and ordered to be printed
```