I 

111TH CONGRESS 

1ST SESSION H. R. 3650 

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 

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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Harmful Algal Blooms 

3 and Hypoxia Research and Control Amendments Act of 

4 2009’’. 

5 SEC. 2. AMENDMENT OF HARMFUL ALGAL BLOOM AND HY6 POXIA RESEARCH AND CONTROL ACT OF 

7 1998. 

8 Except as otherwise expressly provided, whenever in 

9 this Act an amendment or repeal is expressed in terms 

10 of an amendment to, or repeal of, a section or other provi11 sion, the reference shall be considered to be made to a 

12 section or other provision of the Harmful Algal Bloom and 

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

14 1451 note). 

15 SEC. 3. DEFINITIONS. 

16 The Act is amended by inserting after section 602 

17 the following: 

18 ‘‘SEC. 602A. DEFINITIONS. 

19 ‘‘In this title: 

20 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis21 trator’ means the Administrator of the Environ22 mental Protection Agency. 

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

24 the National Harmful Algal Bloom and Hypoxia 

25 Program established under section 603A. 


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1 ‘‘(3) UNDER SECRETARY.—The term ‘Under 

2 Secretary’ means the Under Secretary of Commerce 

3 for Oceans and Atmosphere.’’. 

4 SEC. 4. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA 

5 PROGRAM. 

6 The Act is amended by inserting after section 603 

7 the following: 

8 ‘‘SEC. 603A. NATIONAL HARMFUL ALGAL BLOOM AND HY9 POXIA PROGRAM. 

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

11 (d), the Under Secretary, through the Task Force estab12 lished under section 603(a), shall establish and maintain 

13 a National Harmful Algal Bloom and Hypoxia Program 

14 pursuant to this section. 

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

16 Program, shall— 

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

18 understand, detect, predict, control, mitigate, and 

19 respond to marine and freshwater harmful algal 

20 bloom and hypoxia events; 

21 ‘‘(2) ensure the coordination of all Federal pro22 grams that address marine and freshwater harmful 

23 algal blooms and hypoxia, and other ocean and 

24 Great Lakes science and management programs and 

25 centers that address the chemical, biological, and 


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1 physical components of marine and freshwater 

2 harmful algal blooms and hypoxia; 

3 ‘‘(3) coordinate and work cooperatively with re4 gional, State, tribal, and local government agencies 

5 and programs that address marine and freshwater 

6 harmful algal blooms and hypoxia; 

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

8 and demonstration needs and priorities relating to 

9 monitoring, prevention, control, mitigation, and re10 sponse to marine and freshwater harmful algal 

11 blooms and hypoxia; 

12 ‘‘(5) support international research efforts on 

13 marine and freshwater harmful algal blooms and hy14 poxia, and support international information shar15 ing, mitigation, control, and response activities; 

16 ‘‘(6) ensure the development and implementa17 tion of methods and technologies to protect the eco18 systems affected by marine and freshwater harmful 

19 algal blooms; 

20 ‘‘(7) coordinate an outreach, education, and 

21 training program that integrates and augments ex22 isting programs to improve public education about 

23 and awareness of the causes, impacts, and mitiga24 tion efforts for marine and freshwater harmful algal 

25 blooms and hypoxia; 


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1 ‘‘(8) facilitate regional, State, tribal, and local 

2 efforts to develop and implement appropriate marine 

3 and freshwater harmful algal bloom and hypoxia re4 sponse plans, strategies, and tools, including out5 reach programs and information dissemination 

6 mechanisms; 

7 ‘‘(9) facilitate and provide resources for train8 ing of regional, State, tribal, and local coastal and 

9 water resource managers in the methods and tech10 nologies for monitoring, preventing, controlling, miti11 gating, and responding to marine and freshwater 

12 harmful algal blooms and hypoxia events; 

13 ‘‘(10) develop and enhance critical observations, 

14 monitoring, modeling, data management, informa15 tion dissemination, and operational forecasts; 

16 ‘‘(11) oversee the development, implementation, 

17 review, and periodic updating of the Regional Re18 search and Action Plans under section 603B; and 

19 ‘‘(12) administer peer-reviewed, merit-based 

20 competitive grant funding to support— 

21 ‘‘(A) the projects maintained and estab22 lished by the Program; and 

23 ‘‘(B) the research and management needs 

24 and priorities identified in the Regional Re25 search and Action Plans. 


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

2 shall work cooperatively with other offices, centers, and 

3 programs within the National Oceanic and Atmospheric 

4 Administration and other agencies represented on the 

5 Task Force established under section 603(a), States, 

6 tribes, and nongovernmental organizations concerned with 

7 marine and freshwater aquatic issues related to harmful 

8 algal blooms and hypoxia. 

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

10 freshwater aspects of the Program, the Under Secretary 

11 and the Administrator shall jointly carry out the duties 

12 otherwise assigned to the Under Secretary under this sec13 tion and section 603B. 

14 ‘‘(e) 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 2009, 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 ‘‘(f) REPORT.—Every 2 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 budget related to these activities; and 

17 ‘‘(2) the progress made on implementing the ac18 tion strategy.’’. 

19 SEC. 5. REGIONAL RESEARCH AND ACTION PLANS. 

20 The Act is amended by inserting after section 603A 

21 the following: 

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

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

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


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1 ‘‘(1) identify the appropriate regions and sub2 regions to be addressed by each Regional Research 

3 and Action Plan; and 

4 ‘‘(2) oversee the development and implementa5 tion of the Regional Research and Action Plans. 

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

7 section shall identify— 

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

9 and social research on issues related to the impacts 

10 of harmful algal blooms and hypoxia; 

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

12 activities needed to develop and advance technologies 

13 for improving capabilities to predict, monitor, pre14 vent, control, and mitigate harmful algal blooms and 

15 hypoxia; 

16 ‘‘(3) actions to minimize the occurrence of 

17 harmful algal blooms and hypoxia; 

18 ‘‘(4) ways to reduce the duration and intensity 

19 of harmful algal blooms and hypoxia, including in 

20 times of emergency; 

21 ‘‘(5) research and methods to address human 

22 health dimensions of harmful algal blooms and hy23 poxia; 


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1 ‘‘(6) mechanisms to protect vulnerable eco2 systems that could be or have been affected by 

3 harmful algal blooms and hypoxia events; 

4 ‘‘(7) mechanisms by which data, information, 

5 and products are transferred between the Program 

6 and State, tribal, and local governments and rel7 evant research entities; 

8 ‘‘(8) communication, outreach, and information 

9 dissemination methods that State, tribal, and local 

10 governments and nongovernmental organizations can 

11 undertake to educate and inform the public con12 cerning harmful algal blooms and hypoxia; and 

13 ‘‘(9) the roles that Federal agencies can play to 

14 help facilitate implementation of the Plan. 

15 ‘‘(c) BUILDING ON AVAILABLE STUDIES AND INFOR16 MATION.—In developing the Plans under this section, the 

17 Under Secretary shall utilize and build on existing re18 search, assessments, and reports, including those carried 

19 out pursuant to existing law and other relevant sources. 

20 ‘‘(d) DEVELOPMENT OF PLANS.—The Under Sec21 retary may develop Plans under this section with assist22 ance from the individuals and entities described in sub23 section (g). 

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

25 Secretary, through the Task Force established under secVerDate Nov 24 2008 21:34 Sep 25, 2009 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3650.IH H3650

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1 tion 603(a), shall ensure that the Plans developed under 

2 this section are completed not later than 12 months after 

3 the date of enactment of the Harmful Algal Blooms and 

4 Hypoxia Research and Control Amendments Act of 2009, 

5 and updated once every 5 years thereafter. 

6 ‘‘(f) REPORTS.—Not later than 12 months after the 

7 date of enactment of this Act, and once every two years 

8 after the completion of the Regional Research and Actions 

9 Plans, the Under Secretary shall transmit to the Congress 

10 a report that describes— 

11 ‘‘(1) the contents of each Plan; 

12 ‘‘(2) the activities taken to implement the 

13 Plans, including a description of research funded 

14 and actions and outcomes of Plan response strate15 gies carried out; and 

16 ‘‘(3) Federal funding provided to implement the 

17 Plans. 

18 ‘‘(g) CONSULTATION.—In developing the Plans under 

19 this section, as appropriate, the Under Secretary shall 

20 consult with— 

21 ‘‘(1) State coastal management and planning 

22 officials; 

23 ‘‘(2) tribal resource management officials; 

24 ‘‘(3) water management and watershed officials 

25 from both coastal States and noncoastal States with 


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1 water sources that drain into water bodies affected 

2 by harmful algal blooms and hypoxia; 

3 ‘‘(4) public health officials; 

4 ‘‘(5) emergency management officials; 

5 ‘‘(6) nongovernmental organizations concerned 

6 with marine and aquatic issues; 

7 ‘‘(7) science and technology development insti8 tutions; 

9 ‘‘(8) economists; 

10 ‘‘(9) industries and businesses affected by ma11 rine and freshwater harmful algal blooms and hy12 poxia; 

13 ‘‘(10) scientists, with expertise concerning 

14 harmful algal blooms or hypoxia, from academic or 

15 research institutions; and 

16 ‘‘(11) other stakeholders.’’. 

17 SEC. 6. NORTHERN GULF OF MEXICO HYPOXIA. 

18 Section 604 is amended to read as follows: 

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

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

21 Not later than 2 years after the date of enactment of the 

22 Harmful Algal Blooms and Hypoxia Research and Control 

23 Amendments Act of 2009, the Mississippi River/Gulf of 

24 Mexico Watershed Nutrient Task Force shall complete 

25 and transmit to the Congress and the President a report 


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1 on the progress made by Task Force-directed activities to2 ward attainment of the coastal goal of the 2008 Gulf Hy3 poxia Action Plan. 

4 ‘‘(b) TASK FORCE 5-YEAR PROGRESS REPORTS.— 

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

6 Task Force shall complete and transmit to Congress and 

7 the President a report every 5 years thereafter on the 

8 progress made by Task Force-directed activities toward 

9 attainment of the coastal goal of the 2008 Gulf Hypoxia 

10 Action Plan. 

11 ‘‘(c) CONTENTS.—The reports required by this sec12 tion shall assess progress made toward nutrient load re13 ductions, the response of the hypoxic zone and water qual14 ity throughout the Mississippi/Atchafalaya River Basin, 

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

16 ‘‘(1) include an evaluation of how current poli17 cies and programs affect management decisions, in18 cluding those made by municipalities and industrial 

19 and agricultural producers; 

20 ‘‘(2) evaluate lessons learned; and 

21 ‘‘(3) recommend appropriate actions to continue 

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

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


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

2 SOUND HYPOXIA. 

3 The Act is amended by inserting after section 604 

4 the following: 

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

6 SOUND HYPOXIA. 

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

8 months after the date of enactment of this Act, the Task 

9 Force established under section 603 shall complete and 

10 submit to Congress and the President an integrated as11 sessment of hypoxia in the coastal and estuarine waters 

12 of the Pacific Northwest that examines the status of cur13 rent research, monitoring, prevention, response, and con14 trol efforts. 

15 ‘‘(b) PLAN.—Not later than 2 years after the date 

16 of enactment of this Act, such Task Force shall develop 

17 and submit to Congress a plan, based on the integrated 

18 assessment submitted under subsection (a), for reducing, 

19 mitigating, and controlling hypoxia in the coastal and es20 tuarine waters of the Pacific Northwest. In developing 

21 such plan, the Task Force shall consult with State, Indian 

22 tribe, and local governments, and academic, agricultural, 

23 industry, and environmental groups and representatives. 

24 Such plan shall include incentive-based partnership ap25 proaches. The plan shall also address the social and eco26 nomic costs and benefits of the measures for reducing, 


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1 mitigating, and controlling hypoxia. At least 90 days be2 fore submission of such plan to the Congress, a summary 

3 of the proposed plan shall be published in the Federal 

4 Register. After submission of the plan, the Task Force 

5 shall provide progress reports on the activities toward at6 tainment of the goals set forth in the plan reduce, miti7 gate, and control hypoxia in the coastal and estuarine wa8 ters of the Pacific Northwest every 2 years.’’. 

9 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

10 Section 605 is amended to read as follows: 

11 ‘‘SEC. 605. AUTHORIZATION OF APPROPRIATIONS. 

12 ‘‘There are authorized to be appropriated— 

13 ‘‘(1) to the Under Secretary to carry out sec14 tions 603A and 603B, $35,000,000 for each of fiscal 

15 years 2010 through 2014, of which $5,000,000 for 

16 each such fiscal year shall be for the development of 

17 the Regional Research and Action Plans required by 

18 section 603B; and 

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

20 603A and 603B, $6,000,000 for each of fiscal years 

21 2010 through 2014.’’. 

Æ 


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