IB 

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 


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[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. 


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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 2009’’. 

7 SEC. 2. AMENDMENT OF HARMFUL ALGAL BLOOM AND HY8 POXIA RESEARCH AND CONTROL ACT OF 1998. 

9 Except as otherwise expressly provided, whenever in 

10 this Act an amendment or repeal is expressed in terms of 

11 an amendment to, or repeal of, a section or other provision, 

12 the reference shall be considered to be made to a section or 

13 other provision of the Harmful Algal Bloom and Hypoxia 

14 Research and Control Act of 1998 (16 U.S.C. 1451 note). 

15 SEC. 3. DEFINITIONS. 

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

17 after section 602 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 the 

24 National Harmful Algal Bloom and Hypoxia Pro25 gram established under section 603A. 


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1 ‘‘(3) UNDER SECRETARY.—The term ‘Under Sec2 retary’ means the Under Secretary of Commerce for 

3 Oceans and Atmosphere.’’. 

4 (b) TABLE OF CONTENTS AMENDMENT.—The table of 

5 contents in section 2 of the Coast Guard Authorization Act 

6 of 1998 is amended by adding after the item relating to 

7 section 602 the following new item: 

‘‘Sec. 602A. Definitions.’’. 

8 SEC. 4. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA 

9 PROGRAM. 

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

11 after section 603 the following: 

12 ‘‘SEC. 603A. NATIONAL HARMFUL ALGAL BLOOM AND HY13 POXIA PROGRAM. 

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

15 (d), the Under Secretary, through the Task Force established 

16 under section 603(a), shall establish and maintain a Na17 tional Harmful Algal Bloom and Hypoxia Program pursu18 ant to this section. 

19 ‘‘(b) DUTIES.—The Under Secretary, through the Pro20 gram, shall utilize the resources of the Task Force to— 

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

22 understand, detect, predict, control, mitigate, and re23 spond to marine and freshwater harmful algal bloom 

24 and hypoxia events; 


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1 ‘‘(2) ensure the coordination of all Federal pro2 grams that address marine and freshwater harmful 

3 algal blooms and hypoxia, and other ocean and Great 

4 Lakes science and management programs and centers 

5 that address the chemical, biological, and physical 

6 components of marine and freshwater harmful algal 

7 blooms and hypoxia; 

8 ‘‘(3) coordinate and work cooperatively with 

9 State, tribal, and local government agencies and pro10 grams that address marine and freshwater harmful 

11 algal blooms and hypoxia; 

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

13 and demonstration needs and priorities relating to 

14 monitoring, prediction, prevention, control, mitiga15 tion, and response to marine and freshwater harmful 

16 algal blooms and hypoxia; 

17 ‘‘(5) encourage international information shar18 ing and research efforts on marine and freshwater 

19 harmful algal blooms and hypoxia, and encourage 

20 international mitigation, control, and response activi21 ties; 

22 ‘‘(6) ensure the development and implementation 

23 of methods and technologies to protect the ecosystems 

24 affected by marine and freshwater harmful algal 

25 blooms; 


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1 ‘‘(7) coordinate an education program that inte2 grates and augments existing programs to improve 

3 public understanding and awareness of the causes, 

4 impacts, and mitigation efforts for marine and fresh5 water harmful algal blooms and hypoxia; 

6 ‘‘(8) assist in regional, State, tribal, and local ef7 forts to develop and implement appropriate marine 

8 and freshwater harmful algal bloom and hypoxia re9 sponse plans, strategies, and tools; 

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

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

12 resource managers in the methods and technologies for 

13 monitoring, controlling, mitigating, and responding 

14 to the effects of marine and freshwater harmful algal 

15 blooms and hypoxia events; 

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

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

19 ‘‘(11) administer peer-reviewed, merit-based com20 petitive 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 and avoid duplication of efforts 

3 with other offices, centers, and programs within the Na4 tional Oceanic and Atmospheric Administration and other 

5 agencies represented on the Task Force established under 

6 section 603(a), States, tribes, and nongovernmental organi7 zations concerned with marine and freshwater aquatic 

8 issues related to harmful algal blooms and hypoxia. 

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

10 freshwater aspects of the Program, the Under Secretary and 

11 the Administrator shall jointly carry out the duties other12 wise assigned to the Under Secretary under this section and 

13 section 603B, including each of the programs identified in 

14 subsection (e)(1) and (2). The Administrator’s participa15 tion under this subsection shall include— 

16 ‘‘(1) research on the ecology of freshwater harm17 ful algal blooms; 

18 ‘‘(2) monitoring and event response of freshwater 

19 harmful algal blooms in lakes, rivers, estuaries (in20 cluding their tributaries), and reservoirs; and 

21 ‘‘(3) mitigation and control of freshwater harm22 ful algal blooms. 

23 ‘‘(e) NATIONAL OCEANIC AND ATMOSPHERIC ADMINIS24 TRATION PROGRAMS.— 


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1 ‘‘(1) EXISTING PROGRAMS.—The Under Sec2 retary shall maintain and enhance the following ex3 isting competitive programs: 

4 ‘‘(A) The Ecology and Oceanography of 

5 Harmful Algal Blooms Program. 

6 ‘‘(B) The Monitoring and Event Response 

7 for Harmful Algal Blooms Program. 

8 ‘‘(C) The Northern Gulf of Mexico Eco9 systems and Hypoxia Assessment Program. 

10 ‘‘(D) The Coastal Hypoxia Research Pro11 gram. 

12 ‘‘(E) The Prevention, Control, and Mitiga13 tion of Harmful Algal Blooms Program. 

14 ‘‘(2) NEW PROGRAMS.—The Under Secretary 

15 shall establish the following new programs: 

16 ‘‘(A) An Event Response Program to coordi17 nate and enhance, at the request of the States, 

18 marine and freshwater harmful algal blooms and 

19 hypoxia events response activities. 

20 ‘‘(B) An Infrastructure Program to— 

21 ‘‘(i) increase availability of— 

22 ‘‘(I) analytical facilities and tech23 nologies; 

24 ‘‘(II) operational forecasts; and 


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1 ‘‘(III) reference and research ma2 terials; 

3 ‘‘(ii) improve integration of harmful 

4 algal bloom activities with existing moni5 toring and observational programs; and 

6 ‘‘(iii) enhance communication and co7 ordination required to meet the purposes of 

8 this Act. 

9 ‘‘(f) ACTION STRATEGY.— 

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

11 after the date of enactment of the Harmful Algal 

12 Blooms and Hypoxia Research and Control Amend13 ments Act of 2009, the Under Secretary, through the 

14 Task Force established under section 603(a), shall 

15 transmit to the Congress an action strategy that iden16 tifies— 

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

18 by the Program and the timeline for carrying 

19 out such activities; and 

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

21 Federal agency in the Task Force established 

22 under section 603(a) in carrying out Program 

23 activities. 


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1 ‘‘(2) FEDERAL REGISTER.—The Under Secretary 

2 shall publish the action strategy in the Federal Reg3 ister. 

4 ‘‘(3) PERIODIC REVISION.—The Under Secretary 

5 shall periodically review and revise the action strat6 egy prepared under this subsection as necessary. 

7 ‘‘(g) REPORT.—Every 2 years after the submission of 

8 the action strategy, the Under Secretary shall prepare and 

9 transmit to the Congress a report that describes— 

10 ‘‘(1) the activities carried out under the Program 

11 and the budget related to these activities; 

12 ‘‘(2) the progress made on implementing the ac13 tion strategy; and 

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

15 projects under the Program.’’. 

16 (b) TABLE OF CONTENTS AMENDMENT.—The table of 

17 contents in section 2 of the Coast Guard Authorization Act 

18 of 1998 is amended by adding after the item relating to 

19 section 603 the following new item: 

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

20 SEC. 5. REGIONAL RESEARCH AND ACTION PLANS. 

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

22 after section 603A the following: 

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

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

25 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 implementation 

5 of the Regional Research and Action Plans. 

6 ‘‘(b) CONTENTS.—The Plans developed under this sec7 tion shall identify— 

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

9 and social research on issues related to the impacts of 

10 harmful algal blooms and hypoxia; 

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

12 activities needed to develop and advance technologies 

13 and techniques for minimizing the occurrence of 

14 harmful algal blooms and hypoxia and improving ca15 pabilities to prevent, predict, monitor, control, and 

16 mitigate harmful algal blooms and hypoxia; 

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

18 of harmful algal blooms and hypoxia, including in 

19 times of emergency; 

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

21 health dimensions of harmful algal blooms and hy22 poxia; 

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

24 and benefits of those mechanisms, to protect vulnerVerDate Nov 24 2008 20:43 Jan 13, 2010 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H3650.RH H3650

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1 able ecosystems that could be or have been affected by 

2 harmful algal blooms and hypoxia events; 

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

4 and products are transferred between the Program 

5 and State, tribal, and local governments and relevant 

6 research entities; 

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

8 dissemination methods that State, tribal, and local 

9 governments and stakeholder organizations can un10 dertake to educate and inform the public concerning 

11 harmful algal blooms and hypoxia; and 

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

13 assist in the implementation of the Plan. 

14 ‘‘(c) BUILDING ON AVAILABLE STUDIES AND INFORMA15 TION.—In developing the Plans under this section, the 

16 Under Secretary shall— 

17 ‘‘(1) utilize and build on existing research, as18 sessments, and reports, including those carried out 

19 pursuant to existing law and other relevant sources; 

20 and 

21 ‘‘(2) consider the impacts, research, and existing 

22 program activities of all United States coastlines and 

23 fresh and inland waters, including the Great Lakes, 

24 the Chesapeake Bay, and estuaries and tributaries. 


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1 ‘‘(d) DEVELOPMENT OF PLANS.—The Under Secretary 

2 shall develop Plans under this section with assistance from 

3 the individuals and entities described in subsection (g). 

4 ‘‘(e) PLAN TIMELINE AND UPDATES.—The Under Sec5 retary, through the Task Force established under section 

6 603(a), shall ensure that the Plans developed under this sec7 tion are completed not later than 24 months after the date 

8 of enactment of the Harmful Algal Blooms and Hypoxia 

9 Research and Control Amendments Act of 2009, and up10 dated once every 5 years thereafter. 

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

12 completion of each Regional Research and Action Plan, the 

13 Under Secretary shall transmit to the Congress a report 

14 that provides a summary of such Plan, and once every 30 

15 months after the completion of such Plan, the Under Sec16 retary shall transmit to the Congress a report that de17 scribes— 

18 ‘‘(1) the activities taken to implement the Plan, 

19 including a description of research funded and ac20 tions and outcomes of Plan response strategies carried 

21 out; and 

22 ‘‘(2) Federal funding provided to implement the 

23 Plan. 


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1 ‘‘(g) COORDINATION AND CONSULTATION.—In devel2 oping the Plans under this section, as appropriate, the 

3 Under Secretary— 

4 ‘‘(1) shall coordinate with State coastal manage5 ment and planning officials; 

6 ‘‘(2) shall coordinate with tribal resource man7 agement officials; 

8 ‘‘(3) shall coordinate with water management 

9 and watershed officials from both coastal States and 

10 noncoastal States with water sources that drain into 

11 water bodies affected by harmful algal blooms and hy12 poxia; and 

13 ‘‘(4) shall consult with— 

14 ‘‘(A) public health officials; 

15 ‘‘(B) emergency management officials; 

16 ‘‘(C) science and technology development in17 stitutions; 

18 ‘‘(D) economists; 

19 ‘‘(E) industries and businesses affected by 

20 marine and freshwater harmful algal blooms and 

21 hypoxia; 

22 ‘‘(F) scientists, with expertise concerning 

23 harmful algal blooms or hypoxia, from academic 

24 or research institutions; and 

25 ‘‘(G) other stakeholders.’’. 


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1 (b) TABLE OF CONTENTS AMENDMENT.—The table of 

2 contents in section 2 of the Coast Guard Authorization Act 

3 of 1998 is amended by adding after the item relating to 

4 section 603A, as added by section 4(b) of this Act, the fol5 lowing new item: 

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

6 SEC. 6. NORTHERN GULF OF MEXICO HYPOXIA. 

7 Section 604 is amended to read as follows: 

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

9 ‘‘(a) TASK FORCE INITIAL PROGRESS REPORTS.—Not 

10 later than 12 months after the date of enactment of the 

11 Harmful Algal Blooms and Hypoxia Research and Control 

12 Amendments Act of 2009, the Administrator, through the 

13 Mississippi River/Gulf of Mexico Watershed Nutrient Task 

14 Force, shall complete and transmit to the Congress and the 

15 President a report on the progress made by Task Force16 directed activities toward attainment of the coastal goal of 

17 the 2008 Gulf Hypoxia Action Plan. 

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

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

20 Administrator, through the Task Force, shall complete and 

21 transmit to Congress and the President a report every 2 

22 years thereafter on the progress made by Task Force-di23 rected activities toward attainment of the coastal goal of 

24 the 2008 Gulf Hypoxia Action Plan. 


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1 ‘‘(c) CONTENTS.—The reports required by this section 

2 shall assess progress made toward nutrient load reductions, 

3 the response of the hypoxic zone and water quality through4 out the Mississippi/Atchafalaya River Basin, and the eco5 nomic and social effects. The reports shall— 

6 ‘‘(1) include an evaluation of how current poli7 cies and programs affect management decisions, in8 cluding those made by municipalities and industrial 

9 and agricultural producers; 

10 ‘‘(2) evaluate lessons learned; and 

11 ‘‘(3) recommend appropriate actions to continue 

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

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

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

15 SOUND HYPOXIA. 

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

17 after section 604 the following: 

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

19 SOUND HYPOXIA. 

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

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

22 Force established under section 603 shall complete and sub23 mit to Congress and the President an integrated assessment 

24 of hypoxia in the coastal and estuarine waters of the Pacific 


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1 Northwest that examines the status of current research, 

2 monitoring, prevention, response, and control efforts. 

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

4 enactment of this Act, such Task Force shall develop and 

5 submit to Congress a plan, based on the integrated assess6 ment submitted under subsection (a), for reducing, miti7 gating, and controlling hypoxia in the coastal and estua8 rine waters of the Pacific Northwest. In developing such 

9 plan, the Task Force shall consult with State, Indian tribe, 

10 and local governments, and academic, agricultural, indus11 try, and environmental groups and representatives. Such 

12 plan shall include incentive-based partnership approaches. 

13 The plan shall also address the social and economic costs 

14 and benefits of the measures for reducing, mitigating, and 

15 controlling hypoxia. At least 90 days before submission of 

16 such plan to the Congress, a summary of the proposed plan 

17 shall be published in the Federal Register. After submission 

18 of the plan, the Task Force shall provide progress reports 

19 on the activities toward attainment of the goals set forth 

20 in the plan reduce, mitigate, and control hypoxia in the 

21 coastal and estuarine waters of the Pacific Northwest every 

22 2 years.’’. 

23 (b) TABLE OF CONTENTS AMENDMENT.—The table of 

24 contents in section 2 of the Coast Guard Authorization Act 


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1 of 1998 is amended by adding after the item relating to 

2 section 604 the following new item: 

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

3 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

4 Section 605 is amended to read as follows: 

5 ‘‘SEC. 605. AUTHORIZATION OF APPROPRIATIONS. 

6 ‘‘There are authorized to be appropriated— 

7 ‘‘(1) to the Under Secretary to carry out sections 

8 603A and 603B, $35,000,000 for each of fiscal years 

9 2010 through 2014, of which, for each fiscal year— 

10 ‘‘(A) up to $3,000,000 shall be for the devel11 opment of the Regional Research and Action 

12 Plans and the reports required by sections 604 

13 and 604A; 

14 ‘‘(B) $3,000,000 shall be for the research 

15 and assessment activities related to marine and 

16 freshwater harmful algal blooms at research lab17 oratories of the National Oceanic and Atmos18 pheric Administration; 

19 ‘‘(C) $8,000,000 shall be used to carry out 

20 the Ecology and Oceanography of Harmful Algal 

21 Blooms Program (ECOHAB); 

22 ‘‘(D) $5,500,000 shall be used to carry out 

23 the Monitoring and Event Response for Harmful 

24 Algal Blooms Program (MERHAB); 


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

2 the Northern Gulf of Mexico Ecosystems and Hy3 poxia Assessment Program (NGOMEX); 

4 ‘‘(F) $5,000,000 shall be used to carry out 

5 the Coastal Hypoxia Research Program 

6 (CHRP); 

7 ‘‘(G) $5,000,000 shall be used to carry out 

8 the Prevention, Control, and Mitigation of 

9 Harmful Algal Blooms Program (PCM); 

10 ‘‘(H) $1,000,000 shall be used to carry out 

11 the Event Response Program; and 

12 ‘‘(I) $3,000,000 shall be used to carry out 

13 the Infrastructure Program; and 

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

15 603A and 603B, $6,000,000 for each of fiscal years 

16 2010 through 2014, of which up to $3,000,000 for 

17 each fiscal year shall be for participation in carrying 

18 out section 603A(e), as described in section 603A(d).’’. 


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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 

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 

JANUARY 13, 2010 

Reported from the Committee on Science and Technology 

J

with an amendment 

ANUARY 13, 2010 

Committee on Natural Resources discharged; committed 

the Union and ordered to be printed to the Committee of the Whole House on the State of 


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