II 

Calendar No. 318 

111TH CONGRESS 

2D SESSION H. R. 3650 

IN THE SENATE OF THE UNITED STATES 

MARCH 15, 2010 

Received; read twice and placed on the calendar 

AN ACT 

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. 


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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 Blooms 

5 and Hypoxia Research and Control Amendments Act of 

6 2010’’. 

7 SEC. 2. AMENDMENT OF HARMFUL ALGAL BLOOM AND HY8 POXIA RESEARCH AND CONTROL ACT OF 

9 1998. 

10 Except as otherwise expressly provided, whenever in 

11 this Act an amendment or repeal is expressed in terms 

12 of an amendment to, or repeal of, a section or other provi13 sion, the reference shall be considered to be made to a 

14 section or other provision of the Harmful Algal Bloom and 

15 Hypoxia Research and Control Act of 1998 (16 U.S.C. 

16 1451 note). 

17 SEC. 3. DEFINITIONS. 

18 (a) AMENDMENT.—The Act is amended by inserting 

19 after section 602 the following: 

20 ‘‘SEC. 602A. DEFINITIONS. 

21 ‘‘In this title: 

22 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis23 trator’ means the Administrator of the Environ24 mental Protection Agency. 


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1 ‘‘(2) PROGRAM.—The term ‘Program’ means 

2 the National Harmful Algal Bloom and Hypoxia 

3 Program established under section 603A. 

4 ‘‘(3) STATE.—The term ‘State’ means each of 

5 the several States of the United States, the District 

6 of Columbia, the Commonwealth of Puerto Rico, the 

7 Virgin Islands, Guam, American Samoa, the Com8 monwealth of the Northern Mariana Islands, any 

9 other territory or possession of the United States, 

10 and any Indian tribe. 

11 ‘‘(4) UNDER SECRETARY.—The term ‘Under 

12 Secretary’ means the Under Secretary of Commerce 

13 for Oceans and Atmosphere.’’. 

14 (b) TABLE OF CONTENTS AMENDMENT.—The table 

15 of contents in section 2 of the Coast Guard Authorization 

16 Act of 1998 is amended by adding after the item relating 

17 to section 602 the following new item: 

‘‘Sec. 602A. Definitions.’’. 

18 SEC. 4. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA 

19 PROGRAM. 

20 (a) AMENDMENT.—The Act is amended by inserting 

21 after section 603 the following: 

22 ‘‘SEC. 603A. NATIONAL HARMFUL ALGAL BLOOM AND HY23 POXIA PROGRAM. 

24 ‘‘(a) IN GENERAL.—Except as provided in subsection 

25 (d), the Under Secretary, through the Task Force estabVerDate Nov 24 2008 01:50 Mar 16, 2010 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3650.PCS H3650

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1 lished under section 603(a), shall establish and maintain 

2 a National Harmful Algal Bloom and Hypoxia Program 

3 pursuant to this section. 

4 ‘‘(b) DUTIES.—The Under Secretary, through the 

5 Program, shall coordinate the efforts of the Task Force 

6 to— 

7 ‘‘(1) develop and promote a national strategy to 

8 understand, detect, predict, control, mitigate, and 

9 respond to marine and freshwater harmful algal 

10 bloom and hypoxia events; 

11 ‘‘(2) integrate the research of all Federal pro12 grams, including ocean and Great Lakes science and 

13 management programs and centers, that address the 

14 chemical, biological, and physical components of ma15 rine and freshwater harmful algal blooms and hy16 poxia; 

17 ‘‘(3) coordinate and work cooperatively with 

18 State, tribal, and local government agencies and pro19 grams that address marine and freshwater harmful 

20 algal blooms and hypoxia; 

21 ‘‘(4) identify additional research, development, 

22 and demonstration needs and priorities relating to 

23 monitoring, prediction, prevention, control, mitiga24 tion, and response to marine and freshwater harmful 

25 algal blooms and hypoxia; 


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1 ‘‘(5) encourage international information shar2 ing and research efforts on marine and freshwater 

3 harmful algal blooms and hypoxia, and encourage 

4 international mitigation, control, and response activi5 ties; 

6 ‘‘(6) ensure the development and implementa7 tion of methods and technologies to protect the eco8 systems affected by marine and freshwater harmful 

9 algal blooms; 

10 ‘‘(7) integrate, coordinate, and augment exist11 ing education programs to improve public under12 standing and awareness of the causes, impacts, and 

13 mitigation efforts for marine and freshwater harmful 

14 algal blooms and hypoxia; 

15 ‘‘(8) assist in regional, State, tribal, and local 

16 efforts to develop and implement appropriate marine 

17 and freshwater harmful algal bloom and hypoxia re18 sponse plans, strategies, and tools; 

19 ‘‘(9) provide resources for and assist in the 

20 training of State, tribal, and local water and coastal 

21 resource managers in the methods and technologies 

22 for monitoring, controlling, mitigating, and respond23 ing to the effects of marine and freshwater harmful 

24 algal blooms and hypoxia events; 


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1 ‘‘(10) oversee the development, implementation, 

2 review, and periodic updating of the Regional Re3 search and Action Plans under section 603B; and 

4 ‘‘(11) administer peer-reviewed, merit-based 

5 competitive grant funding to support— 

6 ‘‘(A) the projects maintained and estab7 lished by the Program; and 

8 ‘‘(B) the research and management needs 

9 and priorities identified in the Regional Re10 search and Action Plans. 

11 ‘‘(c) COOPERATIVE EFFORTS.—The Under Secretary 

12 shall work cooperatively and avoid duplication of efforts 

13 with other offices, centers, and programs within the Na14 tional Oceanic and Atmospheric Administration and other 

15 agencies represented on the Task Force established under 

16 section 603(a), States, tribes, and nongovernmental orga17 nizations concerned with marine and freshwater aquatic 

18 issues related to harmful algal blooms and hypoxia. 

19 ‘‘(d) FRESHWATER PROGRAM.—With respect to the 

20 freshwater aspects of the Program, the Administrator and 

21 Under Secretary, through the Task Force, shall carry out 

22 the duties otherwise assigned to the Under Secretary 

23 under this section and section 603B, including the activi24 ties described in subsection (e). The Administrator’s par25 ticipation under this subsection shall include— 


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1 ‘‘(1) research on the ecology of freshwater 

2 harmful algal blooms; 

3 ‘‘(2) monitoring and event response of fresh4 water harmful algal blooms in lakes, rivers, estuaries 

5 (including their tributaries), and reservoirs; 

6 ‘‘(3) mitigation and control of freshwater harm7 ful algal blooms; and 

8 ‘‘(4) an identification in the President’s annual 

9 budget request to Congress of how much funding is 

10 proposed in that request for carrying out the activi11 ties described in subsection (e). 

12 ‘‘(e) NATIONAL OCEANIC AND ATMOSPHERIC ADMIN13 ISTRATION ACTIVITIES.—As part of the program under 

14 this section, the Under Secretary shall— 

15 ‘‘(1) maintain and enhance existing competitive 

16 grant programs at the National Oceanic and Atmos17 pheric Administration relating to marine and fresh18 water harmful algal blooms and hypoxia; 

19 ‘‘(2) carry out marine and freshwater harmful 

20 algal bloom and hypoxia events response activities; 

21 and 

22 ‘‘(3) enhance communication and coordination 

23 among Federal agencies carrying out marine and 

24 freshwater harmful algal bloom and hypoxia activiVerDate Nov 24 2008 01:50 Mar 16, 2010 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3650.PCS H3650

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1 ties, and increase the availability to appropriate pub2 lic and private entities of— 

3 ‘‘(A) analytical facilities and technologies; 

4 ‘‘(B) operational forecasts; and 

5 ‘‘(C) reference and research materials. 

6 ‘‘(f) INTEGRATED COASTAL AND OCEAN OBSERVA7 TION SYSTEM.—All monitoring and observation data col8 lected under this Act shall be collected in compliance with 

9 all data standards and protocols developed pursuant to the 

10 National Integrated Coastal and Ocean Observation Sys11 tem Act of 2009 (33 U.S.C. 3601 et seq.), and such data 

12 shall be made available through the System established 

13 under that Act. 

14 ‘‘(g) ACTION STRATEGY.— 

15 ‘‘(1) IN GENERAL.—Not later than 12 months 

16 after the date of enactment of the Harmful Algal 

17 Blooms and Hypoxia Research and Control Amend18 ments Act of 2010, the Under Secretary, through 

19 the Task Force established under section 603(a), 

20 shall transmit to the Congress an action strategy 

21 that identifies— 

22 ‘‘(A) the specific activities to be carried out 

23 by the Program and the timeline for carrying 

24 out such activities; and 


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1 ‘‘(B) the roles and responsibilities of each 

2 Federal agency in the Task Force established 

3 under section 603(a) in carrying out Program 

4 activities. 

5 ‘‘(2) FEDERAL REGISTER.—The Under Sec6 retary shall publish the action strategy in the Fed7 eral Register. 

8 ‘‘(3) PERIODIC REVISION.—The Under Sec9 retary shall periodically review and revise the action 

10 strategy prepared under this subsection as nec11 essary. 

12 ‘‘(h) REPORT.—Two years after the submission of 

13 the action strategy, the Under Secretary shall prepare and 

14 transmit to the Congress a report that describes— 

15 ‘‘(1) the activities carried out under the Pro16 gram and the Regional Research and Action Plans 

17 and the budget related to these activities; 

18 ‘‘(2) the progress made on implementing the ac19 tion strategy; and 

20 ‘‘(3) the need to revise or terminate activities or 

21 projects under the Program.’’. 

22 (b) TABLE OF CONTENTS AMENDMENT.—The table 

23 of contents in section 2 of the Coast Guard Authorization 

24 Act of 1998 is amended by adding after the item relating 

25 to section 603 the following new item: 

‘‘Sec. 603A. National Harmful Algal Bloom and Hypoxia Program.’’. 


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1 SEC. 5. REGIONAL RESEARCH AND ACTION PLANS. 

2 (a) AMENDMENT.—The Act is amended by inserting 

3 after section 603A the following: 

4 ‘‘SEC. 603B. REGIONAL RESEARCH AND ACTION PLANS. 

5 ‘‘(a) IN GENERAL.—The Under Secretary, through 

6 the Task Force established under section 603(a), shall— 

7 ‘‘(1) identify the appropriate regions and sub8 regions to be addressed by each Regional Research 

9 and Action Plan; and 

10 ‘‘(2) oversee the development and implementa11 tion of the Regional Research and Action Plans. 

12 ‘‘(b) CONTENTS.—The Plans developed under this 

13 section shall identify— 

14 ‘‘(1) regional priorities for ecological, economic, 

15 and social research on issues related to the impacts 

16 of harmful algal blooms and hypoxia; 

17 ‘‘(2) research, development, and demonstration 

18 activities needed to develop and advance technologies 

19 and techniques for minimizing the occurrence of 

20 harmful algal blooms and hypoxia and improving ca21 pabilities to prevent, predict, monitor, control, and 

22 mitigate harmful algal blooms and hypoxia; 

23 ‘‘(3) ways to reduce the duration and intensity 

24 of harmful algal blooms and hypoxia, including in 

25 times of emergency; 


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1 ‘‘(4) research and methods to address human 

2 health dimensions of harmful algal blooms and hy3 poxia; 

4 ‘‘(5) mechanisms, including the potential costs 

5 and benefits of those mechanisms, to protect vulner6 able ecosystems that could be or have been affected 

7 by harmful algal blooms and hypoxia events; 

8 ‘‘(6) mechanisms by which data, information, 

9 and products are transferred between the Program 

10 and State, tribal, and local governments and rel11 evant research entities; 

12 ‘‘(7) communication, outreach, and information 

13 dissemination methods that State, tribal, and local 

14 governments and stakeholder organizations can un15 dertake to educate and inform the public concerning 

16 harmful algal blooms and hypoxia; and 

17 ‘‘(8) the roles that Federal agencies can play to 

18 assist in the implementation of the Plan. 

19 ‘‘(c) BUILDING ON AVAILABLE STUDIES AND INFOR20 MATION.—In developing the Plans under this section, the 

21 Under Secretary shall— 

22 ‘‘(1) utilize and build on existing research, as23 sessments, and reports, including those carried out 

24 pursuant to existing law and other relevant sources; 

25 and 


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1 ‘‘(2) consider the impacts, research, and exist2 ing program activities of all United States coastlines 

3 and fresh and inland waters, including the Great 

4 Lakes, the Chesapeake Bay, and estuaries and tribu5 taries. 

6 ‘‘(d) DEVELOPMENT OF PLANS.—The Under Sec7 retary shall develop Plans under this section with assist8 ance from the individuals and entities described in sub9 section (f). 

10 ‘‘(e) PLAN TIMELINE AND UPDATES.—The Under 

11 Secretary, through the Task Force established under sec12 tion 603(a), shall ensure that the Plans developed under 

13 this section are completed not later than 24 months after 

14 the date of enactment of the Harmful Algal Blooms and 

15 Hypoxia Research and Control Amendments Act of 2010, 

16 and updated once every 5 years thereafter. 

17 ‘‘(f) COORDINATION AND CONSULTATION.—In devel18 oping the Plans under this section, as appropriate, the 

19 Under Secretary— 

20 ‘‘(1) shall coordinate with State coastal man21 agement and planning officials; 

22 ‘‘(2) shall coordinate with tribal resource man23 agement officials; 

24 ‘‘(3) shall coordinate with water management 

25 and watershed officials from both coastal States and 


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1 noncoastal States with water sources that drain into 

2 water bodies affected by harmful algal blooms and 

3 hypoxia; and 

4 ‘‘(4) shall consult with— 

5 ‘‘(A) public health officials; 

6 ‘‘(B) emergency management officials; 

7 ‘‘(C) science and technology development 

8 institutions; 

9 ‘‘(D) economists; 

10 ‘‘(E) industries and businesses affected by 

11 marine and freshwater harmful algal blooms 

12 and hypoxia; 

13 ‘‘(F) scientists, with expertise concerning 

14 harmful algal blooms or hypoxia, from academic 

15 or research institutions; and 

16 ‘‘(G) other stakeholders.’’. 

17 (b) TABLE OF CONTENTS AMENDMENT.—The table 

18 of contents in section 2 of the Coast Guard Authorization 

19 Act of 1998 is amended by adding after the item relating 

20 to section 603A, as added by section 4(b) of this Act, the 

21 following new item: 

‘‘Sec. 603B. Regional research and action plans.’’. 

22 SEC. 6. NORTHERN GULF OF MEXICO HYPOXIA. 

23 Section 604 is amended to read as follows: 


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1 ‘‘SEC. 604. NORTHERN GULF OF MEXICO HYPOXIA. 

2 ‘‘(a) TASK FORCE INITIAL PROGRESS REPORTS.— 

3 Not later than 12 months after the date of enactment of 

4 the Harmful Algal Blooms and Hypoxia Research and 

5 Control Amendments Act of 2010, the Administrator, 

6 through the Mississippi River/Gulf of Mexico Watershed 

7 Nutrient Task Force, shall complete and transmit to the 

8 Congress and the President a report on the progress made 

9 by Task Force-directed activities toward attainment of the 

10 goals of the Gulf Hypoxia Action Plan 2008. 

11 ‘‘(b) TASK FORCE 2-YEAR PROGRESS REPORTS.— 

12 After the initial report required under subsection (a), the 

13 Administrator, through the Task Force, shall complete 

14 and transmit to Congress and the President a report every 

15 2 years thereafter on the progress made by Task Force16 directed activities toward attainment of the coastal goal 

17 of the Gulf Hypoxia Action Plan 2008. 

18 ‘‘(c) CONTENTS.—The reports required by this sec19 tion shall assess progress made toward nutrient load re20 ductions, the response of the hypoxic zone and water qual21 ity throughout the Mississippi/Atchafalaya River Basin, 

22 and the economic and social effects. The reports shall— 

23 ‘‘(1) include an evaluation of how current poli24 cies and programs affect management decisions, in25 cluding those made by municipalities and industrial 

26 and agricultural producers; 


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1 ‘‘(2) evaluate lessons learned; and 

2 ‘‘(3) recommend appropriate actions to continue 

3 to implement or, if necessary, revise the strategy set 

4 forth in the Gulf Hypoxia Action Plan 2008.’’. 

5 SEC. 7. PACIFIC NORTHWEST, ESTUARIES, AND PUGET 

6 SOUND HYPOXIA. 

7 (a) AMENDMENT.—The Act is amended by inserting 

8 after section 604 the following: 

9 ‘‘SEC. 604A. PACIFIC NORTHWEST, ESTUARIES, AND PUGET 

10 SOUND HYPOXIA. 

11 ‘‘(a) ASSESSMENT REPORT.—Not later than 12 

12 months after the date of enactment of the Harmful Algal 

13 Blooms and Hypoxia Research and Control Amendments 

14 Act of 2010, the Task Force established under section 603 

15 shall complete and submit to Congress and the President 

16 an integrated assessment of hypoxia in the coastal and 

17 estuarine waters of the Pacific Northwest that examines 

18 the status of current research, monitoring, prevention, re19 sponse, and control efforts. 

20 ‘‘(b) PLAN.—The Task Force shall include in the re21 gionally appropriate Regional Research and Action Plan 

22 developed under section 603B a plan, based on the inte23 grated assessment submitted under subsection (a), for re24 ducing, mitigating, and controlling hypoxia in the coastal 

25 and estuarine waters of the Pacific Northwest. In develVerDate Nov 24 2008 01:50 Mar 16, 2010 Jkt 089200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H3650.PCS H3650

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1 oping such plan, the Task Force shall consult with State, 

2 Indian tribe, and local governments, and academic, agri3 cultural, industry, and environmental groups and rep4 resentatives. Such plan shall include incentive-based part5 nership approaches. The plan shall also address the social 

6 and economic costs and benefits of the measures for reduc7 ing, mitigating, and controlling hypoxia.’’. 

8 (b) TABLE OF CONTENTS AMENDMENT.—The table 

9 of contents in section 2 of the Coast Guard Authorization 

10 Act of 1998 is amended by adding after the item relating 

11 to section 604 the following new item: 

‘‘Sec. 604A. Pacific Northwest, estuaries, and Puget Sound hypoxia.’’. 

12 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

13 (a) AUTHORIZATION.—Section 605 is amended to 

14 read as follows: 

15 ‘‘SEC. 605. AUTHORIZATION OF APPROPRIATIONS. 

16 ‘‘There are authorized to be appropriated— 

17 ‘‘(1) to the Under Secretary to carry out sec18 tions 603A and 603B, $34,000,000 for each of fiscal 

19 years 2011 through 2015, of which, for each fiscal 

20 year— 

21 ‘‘(A) $2,000,000 may be used for the de22 velopment of the Regional Research and Action 

23 Plans and the reports required by section 604A; 

24 ‘‘(B) $3,000,000 may be used for the re25 search and assessment activities related to maVerDate Nov 24 2008 01:50 Mar 16, 2010 Jkt 089200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H3650.PCS H3650

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1 rine and freshwater harmful algal blooms at re2 search laboratories of the National Oceanic and 

3 Atmospheric Administration; 

4 ‘‘(C) $8,000,000 may be used to carry out 

5 the Ecology and Oceanography of Harmful 

6 Algal Blooms Program (ECOHAB); 

7 ‘‘(D) $5,500,000 may be used to carry out 

8 the Monitoring and Event Response for Harm9 ful Algal Blooms Program (MERHAB); 

10 ‘‘(E) $1,500,000 may be used to carry out 

11 the Northern Gulf of Mexico Ecosystems and 

12 Hypoxia Assessment Program (NGOMEX); 

13 ‘‘(F) $5,000,000 may be used to carry out 

14 the Coastal Hypoxia Research Program 

15 (CHRP); 

16 ‘‘(G) $5,000,000 may be used to carry out 

17 the Prevention, Control, and Mitigation of 

18 Harmful Algal Blooms Program (PCM); 

19 ‘‘(H) $1,000,000 may be used to carry out 

20 marine and freshwater harmful algal bloom and 

21 hypoxia events response activities; and 

22 ‘‘(I) $3,000,000 may be used for increased 

23 availability, communication, and coordination 

24 activities; and 


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1 ‘‘(2) to the Administrator to carry out sections 

2 603A, 603B, and 604, $7,000,000 for each of fiscal 

3 years 2011 through 2015.’’. 

4 (b) EXTRAMURAL RESEARCH ACTIVITIES.—The 

5 Under Secretary shall ensure that a substantial portion 

6 of funds appropriated pursuant to subsection (a) that are 

7 used for research purposes are allocated to extramural re8 search activities. 

Passed the House of Representatives March 12, 

2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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Calendar No. 318 

111TH CONGRESS 

2D SESSION H. R. 3650 

AN ACT 

To establish a National Harmful Algal Bloom and 

ful algal blooms and hypoxia. prehensive regional action plans to reduce harmfor the development and implementation of comharmful algal blooms and hypoxia, and to provide comprehensive and integrated strategy to address Hypoxia Program, to develop and coordinate a 

MARCH 15, 2010 

Received; read twice and placed on the calendar 


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