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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6235 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 6235

To amend the Harmful Algal Blooms and Hypoxia Research and Control Act 
    of 1998 to address harmful algal blooms, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            November 6, 2023

    Ms. Bonamici (for herself and Mr. Joyce of Ohio) 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 Blooms and Hypoxia Research and Control Act 
    of 1998 to address harmful algal blooms, and for other purposes.

    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 Bloom and Hypoxia 
Research and Control Amendments Act of 2023''.

SEC. 2. AMENDMENTS TO THE HARMFUL ALGAL BLOOMS AND HYPOXIA RESEARCH AND 
              CONTROL ACT OF 1998.

    (a) Assessments.--Section 603 of the Harmful Algal Blooms and 
Hypoxia Research and Control Act of 1998 (33 U.S.C. 4001) is amended--
            (1) in subsection (a)--
                    (A) in the subsection heading, by striking ``Inter-
                Agency Task Force'' and inserting ``Interagency Working 
                Group''; and
                    (B) in the matter preceding paragraph (1), by 
                striking ``an Inter-Agency Task Force on Harmful Algal 
                Blooms and Hypoxia.'' and inserting ``an Interagency 
                Working Group on Harmful Algal Blooms and Hypoxia 
                (hereafter referred to as the `Task Force').'';
            (2) by striking subsections (b), (c), (d), (e), (h), and 
        (i) and redesignating subsections (f) and (g) as subsections 
        (b) and (c), respectively;
            (3) in subsection (b), as so redesignated--
                    (A) in paragraph (1), by striking ``coastal waters 
                including the Great Lakes'' and inserting ``marine and 
                freshwater systems''; and
                    (B) in paragraph (2)--
                            (i) by amending subparagraph (A) to read as 
                        follows:
                    ``(A) examine the causes and ecological 
                consequences of low oxygen on marine and aquatic 
                species in their natural environments, the social and 
                economic costs of hypoxia, and the cultural impacts of 
                hypoxia;'';
                            (ii) by redesignating subparagraphs (B) 
                        through (D) as subparagraphs (C) through (E), 
                        respectively;
                            (iii) by inserting after subparagraph (A) 
                        the following new subparagraph:
                    ``(B) examine the effect of other environmental 
                stressors on hypoxia;'';
                            (iv) in subparagraph (C), as so 
                        redesignated, by inserting ``, social,'' after 
                        ``ecological''; and
                            (v) in subparagraph (D), as so 
                        redesignated, by striking ``hypoxia modeling 
                        and monitoring data'' and inserting ``hypoxia 
                        modeling, forecasting, and monitoring and 
                        observation data''; and
            (4) in subsection (c), as so redesignated, by mending such 
        subsection to read as follows:
    ``(c) Action Strategy and Scientific Assessment for Marine and 
Freshwater Harmful Algal Blooms.--
            ``(1) Not less often than once every five years, the Task 
        Force shall complete and submit to Congress an action strategy, 
        including a scientific assessment, for harmful algal blooms in 
        the United States (in this Act referred to as the `Action 
        Strategy'). Each such Action Strategy, including scientific 
        assessment, shall examine both marine and freshwater harmful 
        algal blooms, including those in the Great Lakes and upper 
        reaches of estuaries, those in freshwater lakes and rivers, and 
        those that originate in freshwater lakes or rivers and migrate 
        to coastal waters.
            ``(2) Each Action Strategy under this subsection shall--
                    ``(A) examine the causes and ecological 
                consequences, and the economic, social, and cultural 
                impacts of harmful algal blooms;
                    ``(B) examine the effect of other environmental 
                stressors on harmful algal blooms;
                    ``(C) examine potential methods to prevent, 
                control, and mitigate harmful algal blooms and the 
                potential ecological, social, cultural, and economic 
                costs and benefits of such methods;
                    ``(D) identify priorities for research needed to 
                advance techniques and technologies to detect, predict, 
                monitor, respond to, and minimize the occurrence, 
                duration, and severity of harmful algal blooms, 
                including recommendations to eliminate significant gaps 
                in harmful algal bloom forecasting, monitoring, and 
                observation data;
                    ``(E) evaluate progress made by, and the needs of, 
                Task Force activities and actions to prevent, control, 
                and mitigate harmful algal blooms;
                    ``(F) identify ways to improve coordination and 
                prevent unnecessary duplication of effort among Federal 
                departments and agencies with respect to research on 
                harmful algal blooms; and
                    ``(G) include regional chapters relating to the 
                requirements described in this paragraph in order to 
                highlight geographically and ecologically diverse 
                locations with significant ecological, social, 
                cultural, and economic impacts from harmful algal 
                blooms.''.
    (b) Consultations.--Section 102 of the Harmful Algal Bloom and 
Hypoxia Amendments Act of 2004 (33 U.S.C. 4001a) is amended--
            (1) by striking ``the coastal'';
            (2) by inserting ``and'' after ``Indian tribes,'';
            (3) by inserting ``and'' after ``local governments,''; and
            (4) by striking ``with expertise in coastal zone science 
        and management''.
    (c) National Harmful Algal Bloom and Hypoxia Program.--Section 603A 
of the Harmful Algal Blooms and Hypoxia Research and Control Act of 
1998 (33 U.S.C. 4002) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``predicting,'' 
                and inserting ``monitoring, observing, forecasting,''; 
                and
                    (B) in paragraph (2), by striking ``comprehensive 
                research plan and action strategy under section 603B'' 
                and inserting ``the Action Strategy, including 
                scientific assessment, under section 603(c)'';
            (2) in subsection (c)--
                    (A) in paragraph (3), by striking ``ocean and Great 
                Lakes'' and inserting ``marine, estuarian, and 
                freshwater systems''; and
                    (B) in paragraph (5), by inserting ``while 
                recognizing each agency is acting under its own 
                independent mission and authority'' before the 
                semicolon;
            (3) in subsection (d), by striking ``Except as provided in 
        subsection (h), the'' and inserting ``The'';
            (4) in subsection (e)--
                    (A) by amending paragraph (2) to read as follows:
            ``(2) examine, in collaboration with State, local, and 
        Tribal entities, including island communities, low-population 
        rural communities, Indigenous communities, subsistence 
        communities, fisheries, and recreation industries that are most 
        dependent on coastal and water resources that may be impacted 
        by marine and freshwater harmful algal blooms and hypoxia, the 
        causes, ecological consequences, cultural impacts, and social 
        and economic costs of harmful algal blooms and hypoxia;'';
                    (B) by striking paragraph (3);
                    (C) by redesignating paragraphs (4), (5), and (6) 
                as paragraphs (3), (4), and (5), respectively;
                    (D) in paragraph (3), as so redesignated--
                            (i) by striking ``to, regional'' and 
                        inserting ``to regional''; and
                            (ii) by striking ``agencies'' and inserting 
                        ``entities, and regional coastal observing 
                        systems (as such term is defined in section 
                        12330(6) of the Integrated Coastal and Ocean 
                        Observation System Act of 2009 (33 U.S.C. 
                        3602(6)))'';
                    (E) in paragraph (5), as so redesignated, by 
                inserting ``and communities'' after ``ecosystems'';
                    (F) by inserting after paragraph (5) the following 
                new paragraph:
            ``(6) support sustained observations to provide State, 
        local, and Tribal entities and others access to real-time or 
        near real-time observation data for decision-making to protect 
        human and ecological health and local economies;'';
                    (G) in paragraph (8), by striking ``State and 
                local'' and inserting ``State, local, and Tribal''; and
                    (H) in paragraph (9)(A), by striking ``tribal'' and 
                inserting ``Tribal'';
            (5) by amending subsections (f) and (g) to read as follows:
    ``(f) Cooperative Efforts.--The Under Secretary shall work 
cooperatively with and avoid duplication of effort of other agencies on 
the Task Force, and with and of States, Indian tribes, and 
nongovernmental organizations concerned with marine and freshwater 
issues, and shall coordinate harmful algal bloom and hypoxia and 
related activities and research.
    ``(g) Freshwater Program Duties.--The Administrator, in 
coordination with the Task Force, shall carry out the duties under 
subsection (e) for freshwater aspects of the Program.'';
            (6) by striking subsection (h); and
            (7) by redesignating subsection (i) as subsection (h).
    (d) National Oceanic and Atmospheric Administration Activities.--
            (1) In general.--The Harmful Algal Blooms and Hypoxia 
        Research and Control Act of 1998 is amended by amending section 
        603B (33 U.S.C. 4003) to read as follows:

``SEC. 603B. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 
              ACTIVITIES.

    ``(a) In General.--The Under Secretary shall--
            ``(1) carry out marine, coastal, and Great Lakes harmful 
        algal bloom and hypoxia events response activities;
            ``(2) develop and enhance operational harmful algal bloom 
        observing and forecasting programs, including operational 
        observations and forecasting, monitoring, modeling, data 
        management, and information dissemination;
            ``(3) maintain and enhance the existing peer-reviewed, 
        merit-based, competitive grant funding relating to harmful 
        algal blooms and hypoxia to--
                    ``(A) maintain and enhance baseline monitoring 
                programs established by the Program;
                    ``(B) support the projects maintained and 
                established by the Program;
                    ``(C) address the research and management needs and 
                priorities identified in the Action Strategy under 
                section 603(c);
                    ``(D) accelerate the utilization of effective 
                methods of intervention and mitigation to reduce the 
                frequency, severity, and impacts of harmful algal bloom 
                and hypoxia events;
                    ``(E) identify opportunities to improve monitoring 
                of harmful algal bloom and hypoxia, with a particular 
                focus on coastal waters that may affect fisheries, 
                public health, or subsistence harvest;
                    ``(F) examine the effects of other environmental 
                stressors on harmful algal blooms and hypoxia;
                    ``(G) assess the effects of multiple environmental 
                stressors on living marine resources and coastal 
                ecosystems; and
                    ``(H) evaluate adaptation and mitigation strategies 
                to address the impacts of harmful algal blooms and 
                hypoxia;
            ``(4) enhance communication and coordination among Federal 
        agencies carrying out marine and freshwater harmful algal bloom 
        and hypoxia activities and research;
            ``(5) to the greatest extent practicable, leverage existing 
        resources and expertise available from local research 
        universities and institutions; and
            ``(6) use cost effective methods in carrying out this 
        section.
    ``(b) Integrated Coastal and Ocean Observation System.--The 
collection of monitoring and observing data under this section shall 
comply with all data standards and protocols developed pursuant to the 
Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 
3601 et seq.). Such data shall be made available through the system 
established under that Act.''.
            (2) Clerical amendment.--The table of contents in section 2 
        of the Coast Guard Authorization Act of 1998 is amended by 
        amending the item relating to section 603B to read as follows:

``Sec. 603B. National Oceanic and Atmospheric Administration 
                            activities.''.
    (e) Environmental Protection Agency Activities.--
            (1) In general.--The Harmful Algal Blooms and Hypoxia 
        Research and Control Act of 1998 is amended by inserting after 
        section 603B, as amended by subsection (d), the following new 
        section:

``SEC. 603C. ENVIRONMENTAL PROTECTION AGENCY ACTIVITIES.

    ``The Administrator shall--
            ``(1) carry out research on the ecology and human health 
        impacts of freshwater harmful algal blooms;
            ``(2) develop and maintain forecasting and monitoring of, 
        and event response to, freshwater harmful algal blooms in 
        lakes, reservoirs, rivers, and estuaries (including tributaries 
        thereof);
            ``(3) enhance communication and coordination among Federal 
        agencies carrying out freshwater harmful algal bloom and 
        hypoxia activities and research;
            ``(4) to the greatest extent practicable, leverage existing 
        resources and expertise available from local research 
        universities and institutions; and
            ``(5) use cost effective methods in carrying out this 
        section.''.
            (2) Clerical amendment.--The table of contents in section 2 
        of the Coast Guard Authorization Act of 1998 is amended by 
        inserting after the time relating to section 603B, as amended 
        by subsection (e), the following new item:

``Sec. 603C. Environmental Protection Agency activities.''.
    (f) National Harmful Algal Bloom and Hypoxia Observing Network.--
            (1) In general.--The Harmful Algal Blooms and Hypoxia 
        Research and Control Act of 1998 is amended by amending section 
        606 (33 U.S.C. 4005) to read as follows:

``SEC. 606. NATIONAL HARMFUL ALGAL BLOOM OBSERVING NETWORK.

    ``(a) In General.--The Under Secretary, acting through the National 
Centers for Coastal Ocean Science (NCCOS) and the Integrated Ocean 
Observing System (IOOS) of the National Oceanic and Atmospheric 
Administration, shall establish a national network of harmful algal 
bloom observing systems for the monitoring, detection, and forecasting 
of harmful algal blooms by leveraging the capacity of IOOS regional 
associations, including through the incorporation of emerging 
technologies and new data integration methods, such as artificial 
intelligence.
    ``(b) Coordination.--In carrying out subsection (a), the IOOS 
Program Office shall--
            ``(1) coordinate with NCCOS regarding observations, data 
        integration, and information dissemination; and
            ``(2) establish a Harmful Algal Bloom Data Assembly Center 
        to integrate, disseminate, and provide a central architecture 
        to support ecological forecasting.''.
            (2) Clerical amendment.--The table of contents in section 2 
        of the Coast Guard Authorization Act of 1998 is amended by 
        amending the item relating to section 606 to read as follows:

``Sec. 606. National harmful algal bloom observing network.''.
    (g) Definitions.--Section 609 of the Harmful Algal Blooms and 
Hypoxia Research and Control Act of 1998 (33 U.S.C. 4008) is amended--
            (1) in paragraph (1), by striking ``means the comprehensive 
        research plan and action strategy established under section 
        603B'' and inserting ``means the action strategy, including 
        scientific assessment, for marine and freshwater harmful algal 
        blooms established under section 603(c)'';
            (2) by amending paragraph (3) to read as follows:
            ``(3) Appropriate federal official.--The term `appropriate 
        Federal official' means--
                    ``(A) in the case of coastal hypoxia or harmful 
                algal bloom event, including those in estuarine areas, 
                the Under Secretary of Commerce for Oceans and 
                Atmosphere; and
                    ``(B) in the case of a freshwater hypoxia or 
                harmful algal bloom event, the Administrator of the 
                Environmental Protection Agency, in consultation with 
                the Under Secretary of Commerce for Oceans and 
                Atmosphere.''.
            (3) by striking paragraph (9);
            (4) by redesignating paragraphs (4), (5), (6), (7), and (8) 
        as paragraphs (6), (7), (9), (10), and (11);
            (5) by inserting after paragraph (3) the following new 
        paragraphs:
            ``(4) Harmful algal bloom; harmful algal bloom and hypoxia 
        event.--
                    ``(A) Harmful algal bloom.--The term `harmful algal 
                bloom' means marine or freshwater algae or macroalgae, 
                including Sargassum, that proliferate to high 
                concentrations, resulting in nuisance conditions or 
                harmful impacts on marine and freshwater ecosystems, 
                communities, or human health through the production of 
                toxic compounds or other biological, chemical, or 
                physical impacts of the algae outbreak.
                    ``(B) Harmful algal bloom and hypoxia event.--The 
                term `harmful algal bloom and hypoxia event' means the 
                occurrence of a harmful algal bloom or hypoxia as a 
                result of a natural, anthropogenic, or undetermined 
                cause.
            ``(5) Harmful algal bloom or hypoxia event of 
        significance.--The term `event of significance' means a harmful 
        algal bloom or hypoxia event that has had or will likely have 
        significant detrimental environmental, economic, social, 
        subsistence use, or public health impacts.'';
            (6) in paragraph (6), as so redesignated--
                    (A) by striking ``aquatic'' and inserting ``marine 
                or freshwater''; and
                    (B) by striking ``resident'' and inserting ``marine 
                or freshwater'';
            (7) by inserting after paragraph (7), as so redesignated, 
        the following new paragraph:
            ``(9 - 8) Subsistence use.--The term `subsistence use' 
        means the customary and traditional use of fish, wildlife, or 
        other freshwater, coastal, or marine resources by any 
        individual or community to meet personal or family needs, 
        including essential economic, nutritional, or cultural 
        applications.''; and
            (8) in paragraph (10), as so redesignated, by striking 
        ``Inter-Agency Task Force'' and inserting ``Interagency Working 
        Group''.
    (h) Authorization of Appropriations.--Section 610 of the Harmful 
Algal Blooms and Hypoxia Research and Control Act of 1998 (33 U.S.C. 
4009) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) In General.--There is authorized to be appropriated to the 
Under Secretary to carry out this title $34,600,000 for each of fiscal 
years 2024 through 2028.''; and
            (2) by adding at the end the following new subsection:
    ``(c) Transfer Authority.--The Under Secretary is authorized to 
make a direct non-expenditure transfer of funds authorized to be 
appropriated pursuant to subsection (a) to the head of any Federal 
department or agency, with the concurrence of such head, to carry out, 
as appropriate, relevant provisions of this title.''.
    (i) National Level Incubator Program; Harmful Algal Bloom or 
Hypoxia Event of Significance.--
            (1) In general.--The Harmful Algal Blooms and Hypoxia 
        Research and Control Act of 1998 is amended by adding at the 
        end the following new sections:

``SEC. 611. NATIONAL LEVEL INCUBATOR PROGRAM.

    ``(a) In General.--The Under Secretary, in collaboration with 
research universities and institutions, shall establish a national 
level incubator program to increase the number of available control 
strategies and technologies relating to harmful algal blooms. Such 
incubator shall establish a framework for preliminary assessments of 
novel harmful algal bloom prevention, mitigation, and control 
technologies in order to determine the potential for effectiveness and 
scalability.
    ``(b) Operation.--The incubator under subsection (a) shall provide 
merit-based funding for harmful algal bloom control strategies and 
technologies that eliminate or reduce through biological, chemical, or 
physical means the levels of harmful algae and associated toxins.
    ``(c) Database.--The incubator under subsection (a) shall establish 
a database to--
            ``(1) catalog the economic costs, feasibility, 
        effectiveness, and scalability of both novel and established 
        prevention, control, and mitigation measures; and
            ``(2) clarify the licensing and permitting requirements 
        regulating the application of such measures.
    ``(d) Prioritization.--In carrying out the incubator under 
subsection (a), the Under Secretary shall prioritize proposed 
activities that would--
            ``(1) protect key habitats for fish and wildlife;
            ``(2) maintain biodiversity;
            ``(3) protect public health;
            ``(4) protect coastal resources of national, historical, 
        and cultural significance; and
            ``(5) benefit communities of color, low-income communities, 
        Tribal or Indigenous communities, and rural communities.

``SEC. 612. HARMFUL ALGAL BLOOM OR HYPOXIA EVENT OF SIGNIFICANCE.

    ``(a) Event of Significance Fund.--
            ``(1) Establishment.--There is established in the Treasury 
        of the United States a fund to be known as the `Harmful Algal 
        Bloom and Hypoxia Event of Significance Fund' (in this section 
        referred to as the `Fund').
            ``(2) Deposits into fund.--
                    ``(A) In general.--There shall be deposited into 
                the Fund the following:
                            ``(i) Amounts appropriated to the Fund.
                            ``(ii) Amounts transferred to the Fund 
                        under paragraph (3).
                            ``(iii) Amounts received by the United 
                        States in the form of gifts, devises, and 
                        bequests under paragraph (4).
                    ``(B) Availability.--Amounts deposited into the 
                Fund shall be available without fiscal year limitation.
            ``(3) Transfer authority.--Notwithstanding any other 
        provision of law, from amounts appropriated to the National 
        Oceanic and Atmospheric Administration, the Under Secretary may 
        transfer up to $2,000,000 to the Fund each fiscal year.
            ``(4) Acceptance of donations.--For purposes of carrying 
        out this section, the Under Secretary may accept, solicit, 
        receive, hold, administer, and use gifts, devises, and bequests 
        without any further approval or administrative action.
            ``(5) Contract, grant, and cooperative agreement 
        authority.--The Under Secretary may enter into agreements and 
        grants with States, Indian tribes, or local governments, or 
        other entities to pay for or reimburse costs incurred for the 
        purposes of supporting the determination of and assessing the 
        environmental, economic, social, subsistence use, and public 
        health effects of a harmful algal bloom or hypoxia event of 
        significance.
            ``(6) Steering committee.--
                    ``(A) In general.--Not later than 12 months after 
                the date of the enactment of this section, the 
                President, acting through the Under Secretary, shall 
                establish a steering committee to assist in evaluating 
                information and data submitted by eligible requesters 
                under subsection (b)(1) in the event of a harmful algal 
                bloom or hypoxia event of significance, in accordance 
                with the considerations described in subsection (c)(3) 
                and the Event of Significance Policy under subsection 
                (c).
                    ``(B) Membership.--The steering committee 
                established under this paragraph shall consist of 
                individuals with knowledge and experience in aquatic or 
                marine science, harmful algal bloom or hypoxia science, 
                harmful algal bloom or hypoxia monitoring and 
                forecasting, or harmful algal bloom or hypoxia 
                prevention, mitigation, and control.
                    ``(C) Charter.--The Under Secretary shall develop 
                and prescribe a charter for the steering committee 
                established under this paragraph. Such charter shall 
                reflect the full scope of the duties and activities of 
                the steering committee.
                    ``(D) Exemption.--Chapter 10 of title 5, United 
                States Code, shall not apply to the steering committee 
                established under this paragraph.
            ``(7) Availability of funds.--Upon the submission of a 
        request for a harmful algal bloom or hypoxia event of 
        significance determination under subsection (b), the 
        appropriate Federal official is authorized to make sums, from 
        funds appropriated to the Fund, available to the affected 
        State, local, or Tribal government for the purposes of 
        supporting the determination of and assessing the 
        environmental, economic, social, subsistence use, and public 
        health effects of such event.
    ``(b) Requests and Determinations.--
            ``(1) Eligible requesters.--Not later than two years after 
        the beginning date of a harmful algal bloom or hypoxia event of 
        significance, a request for a harmful algal bloom or hypoxia 
        event of significance determination may be submitted to the 
        appropriate Federal official, if the appropriate Federal 
        official has not independently determined that such an event of 
        significance has occurred, by any of the following:
                    ``(A) The Governor of an affected State.
                    ``(B) A leadership official of an affected Indian 
                Tribe.
                    ``(C) The executive official of the District of 
                Columbia or a territory or possession of the United 
                States, including Puerto Rico, the Virgin Islands, 
                Guam, the Commonwealth of the Northern Mariana Islands, 
                and the Trust Territories of the Pacific Islands, and 
                American Samoa, if affected.
                    ``(D) Any other comparable elected or politically 
                appointed representative as determined by the 
                Secretary, if affected.
            ``(2) Harmful algal bloom or hypoxia event of significance 
        determination.--At the discretion of an appropriate Federal 
        official, or at the request of an eligible requester under 
        subsection(b)(1), an appropriate Federal official, in 
        consultation with the Steering Committee and NOAA, shall 
        determine whether a harmful algal bloom or hypoxia event is an 
        event of significance.
            ``(3) Considerations.--In making a determination under 
        paragraph (2), the appropriate Federal official shall consider 
        such factors as the following:
                    ``(A) The risk to public health and the potential 
                severity of the detrimental environmental effects of 
                the harmful algal bloom or hypoxia event at issue.
                    ``(B) The potential to spread, the potential 
                economic, social, and subsistence use impacts of such 
                event.
                    ``(C) The relative magnitude of impacts in relation 
                to past occurrences of harmful algal blooms or hypoxia 
                events that occur on a recurrent or annual basis.
                    ``(D) The geographic scope, including the potential 
                to affect several municipalities, to affect more than 
                one State, or to cross an international boundary.
            ``(4) Mitigation relief.--Upon determination that a harmful 
        algal bloom or hypoxia event of significance has occurred under 
        paragraph (2), the appropriate Federal official is authorized 
        to make sums available, from funds appropriated for such 
        purposes, to be used by the affected State, Tribal, or local 
        government, or by the Under Secretary in cooperation with the 
        affected State, local, or Tribal government, for the purposes 
        of mitigating the environmental, economic, social, subsistence, 
        and public health effects of such event.
    ``(c) Event of Significance Policy.--
            ``(1) Publication.--Not later than six months after the 
        date of the enactment of this section, the appropriate Federal 
        officials shall publish Harmful Algal Bloom and Hypoxia Event 
        of Significance policies for marine and coastal harmful algal 
        bloom or hypoxia events, and for freshwater harmful algal bloom 
        or hypoxia events, respectively. Each such policy shall include 
        the following:
                    ``(A) Evaluation criteria and considerations to 
                inform the determination of a harmful algal bloom or 
                hypoxia event of significance under subsection (b)(3).
                    ``(B) The type of supplementary information that an 
                affected State or other eligible requester described in 
                subsection (b)(1) may provide to accompany a harmful 
                algal bloom or hypoxia event of significance request.
                    ``(C) Process and criteria for prioritizing and 
                evaluating multiple requests for a harmful algal bloom 
                or hypoxia event of significance determination.
            ``(2) Opportunity for comment.--Not later than 120 days 
        before publishing each final policy under paragraph (1), the 
        appropriate Federal officials shall publish a draft of each 
        such proposed policy in the Federal Register for a public 
        comment period of not less than 60 days.
    ``(d) Limitations.--
            ``(1) Federal share.--Except as provided in paragraph (2), 
        the Federal share of the cost of any activity carried out under 
        this subsection may not exceed 75 percent of the total cost of 
        such activity.
            ``(2) Waiver.--The appropriate Federal official may waive 
        the non-Federal share requirements of this subsection, if the 
        appropriate Federal official determines that--
                    ``(A) no reasonable means are available through 
                which the recipient of the Federal share can meet the 
                non-Federal share requirement;
                    ``(B) the probable benefit of 100 percent Federal 
                financing outweighs the public interest in imposition 
                of the non-Federal share; and
                    ``(C) assistance is directed to support the 
                assessment or mitigation of a harmful algal bloom or 
                hypoxia event of significance affecting an Indian Tribe 
                or subsistence use.
            ``(3) Fishery failures.--
                    ``(A) In general.--Any analysis of a commercial 
                fishery failure due to a fishery resource disaster 
                caused by a harmful algal bloom or hypoxia event of 
                significance shall be conducted pursuant to an 
                appropriate request in accordance with the Magnusons-
                Stevens Fishery Conservation and Management Act (16 
                U.S.C. 1801 et seq.).
                    ``(B) Fishery resource disaster relief.--No funds 
                available under this section may be used as part of 
                response relief for a declared fishery resource 
                disaster caused by a harmful algal bloom or hypoxia 
                event, pursuant to the Magnusons-Stevens Fishery 
                Conservation and Management Act (16 U.S.C. 1801 et 
                seq.).''.
            (2) Clerical amendments.--The table of contents in section 
        2 of the Coast Guard Authorization Act of 1998 is amended by 
        inserting after the item relating to section 610 the following 
        new item:

``Sec. 611. National level incubator program.
``Sec. 612. Harmful algal bloom or hypoxia event of significance.''.
                                 <all>
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