I 

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. 

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 Bloom 

5 and Hypoxia Research and Control Amendments Act of 

6 2023’’. 


khammond on DSKJM1Z7X2PROD with BILLS
2 

•HR 6235 IH

1 SEC. 2. AMENDMENTS TO THE HARMFUL ALGAL BLOOMS 

2 AND HYPOXIA RESEARCH AND CONTROL ACT 

3 OF 1998. 

4 (a) ASSESSMENTS.—Section 603 of the Harmful 

5 Algal Blooms and Hypoxia Research and Control Act of 

6 1998 (33 U.S.C. 4001) is amended— 

7 (1) in subsection (a)— 

8 (A) in the subsection heading, by striking 

9 ‘‘INTER-AGENCY TASK FORCE’’ and inserting 

10 ‘‘INTERAGENCY WORKING GROUP’’; and 

11 (B) in the matter preceding paragraph (1), 

12 by striking ‘‘an Inter-Agency Task Force on 

13 Harmful Algal Blooms and Hypoxia.’’ and in14 serting ‘‘an Interagency Working Group on 

15 Harmful Algal Blooms and Hypoxia (hereafter 

16 referred to as the ‘Task Force’).’’; 

17 (2) by striking subsections (b), (c), (d), (e), (h), 

18 and (i) and redesignating subsections (f) and (g) as 

19 subsections (b) and (c), respectively; 

20 (3) in subsection (b), as so redesignated— 

21 (A) in paragraph (1), by striking ‘‘coastal 

22 waters including the Great Lakes’’ and insert23 ing ‘‘marine and freshwater systems’’; and 

24 (B) in paragraph (2)— 

25 (i) by amending subparagraph (A) to 

26 read as follows: 


khammond on DSKJM1Z7X2PROD with BILLS
3 

•HR 6235 IH

1 ‘‘(A) examine the causes and ecological 

2 consequences of low oxygen on marine and 

3 aquatic species in their natural environments, 

4 the social and economic costs of hypoxia, and 

5 the cultural impacts of hypoxia;’’; 

6 (ii) by redesignating subparagraphs 

7 (B) through (D) as subparagraphs (C) 

8 through (E), respectively; 

9 (iii) by inserting after subparagraph 

10 (A) the following new subparagraph: 

11 ‘‘(B) examine the effect of other environ12 mental stressors on hypoxia;’’; 

13 (iv) in subparagraph (C), as so redes14 ignated, by inserting ‘‘, social,’’ after ‘‘eco15 logical’’; and 

16 (v) in subparagraph (D), as so redes17 ignated, by striking ‘‘hypoxia modeling and 

18 monitoring data’’ and inserting ‘‘hypoxia 

19 modeling, forecasting, and monitoring and 

20 observation data’’; and 

21 (4) in subsection (c), as so redesignated, by 

22 mending such subsection to read as follows: 

23 ‘‘(c) ACTION STRATEGY AND SCIENTIFIC ASSESS24 MENT FOR MARINE AND FRESHWATER HARMFUL ALGAL

25 BLOOMS.— 


khammond on DSKJM1Z7X2PROD with BILLS
4 

•HR 6235 IH

1 ‘‘(1) Not less often than once every five years, 

2 the Task Force shall complete and submit to Con3 gress an action strategy, including a scientific as4 sessment, for harmful algal blooms in the United 

5 States (in this Act referred to as the ‘Action Strat6 egy’). Each such Action Strategy, including scientific 

7 assessment, shall examine both marine and fresh8 water harmful algal blooms, including those in the 

9 Great Lakes and upper reaches of estuaries, those in 

10 freshwater lakes and rivers, and those that originate 

11 in freshwater lakes or rivers and migrate to coastal 

12 waters. 

13 ‘‘(2) Each Action Strategy under this sub14 section shall— 

15 ‘‘(A) examine the causes and ecological 

16 consequences, and the economic, social, and cul17 tural impacts of harmful algal blooms; 

18 ‘‘(B) examine the effect of other environ19 mental stressors on harmful algal blooms; 

20 ‘‘(C) examine potential methods to prevent, 

21 control, and mitigate harmful algal blooms and 

22 the potential ecological, social, cultural, and 

23 economic costs and benefits of such methods; 

24 ‘‘(D) identify priorities for research needed 

25 to advance techniques and technologies to deVerDate Sep 11 2014 23:09 Nov 15, 2023 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6235.IH H6235

khammond on DSKJM1Z7X2PROD with BILLS
5 

•HR 6235 IH

1 tect, predict, monitor, respond to, and minimize 

2 the occurrence, duration, and severity of harm3 ful algal blooms, including recommendations to 

4 eliminate significant gaps in harmful algal 

5 bloom forecasting, monitoring, and observation 

6 data; 

7 ‘‘(E) evaluate progress made by, and the 

8 needs of, Task Force activities and actions to 

9 prevent, control, and mitigate harmful algal 

10 blooms; 

11 ‘‘(F) identify ways to improve coordination 

12 and prevent unnecessary duplication of effort 

13 among Federal departments and agencies with 

14 respect to research on harmful algal blooms; 

15 and 

16 ‘‘(G) include regional chapters relating to 

17 the requirements described in this paragraph in 

18 order to highlight geographically and eco19 logically diverse locations with significant eco20 logical, social, cultural, and economic impacts 

21 from harmful algal blooms.’’. 

22 (b) CONSULTATIONS.—Section 102 of the Harmful 

23 Algal Bloom and Hypoxia Amendments Act of 2004 (33 

24 U.S.C. 4001a) is amended— 

25 (1) by striking ‘‘the coastal’’; 


khammond on DSKJM1Z7X2PROD with BILLS
6 

•HR 6235 IH

1 (2) by inserting ‘‘and’’ after ‘‘Indian tribes,’’; 

2 (3) by inserting ‘‘and’’ after ‘‘local govern3 ments,’’; and 

4 (4) by striking ‘‘with expertise in coastal zone 

5 science and management’’. 

6 (c) NATIONAL HARMFUL ALGAL BLOOM AND HY7 POXIA PROGRAM.—Section 603A of the Harmful Algal 

8 Blooms and Hypoxia Research and Control Act of 1998 

9 (33 U.S.C. 4002) is amended— 

10 (1) in subsection (a)— 

11 (A) in paragraph (1), by striking ‘‘pre12 dicting,’’ and inserting ‘‘monitoring, observing, 

13 forecasting,’’; and 

14 (B) in paragraph (2), by striking ‘‘com15 prehensive research plan and action strategy 

16 under section 603B’’ and inserting ‘‘the Action 

17 Strategy, including scientific assessment, under 

18 section 603(c)’’; 

19 (2) in subsection (c)— 

20 (A) in paragraph (3), by striking ‘‘ocean 

21 and Great Lakes’’ and inserting ‘‘marine, 

22 estuarian, and freshwater systems’’; and 

23 (B) in paragraph (5), by inserting ‘‘while 

24 recognizing each agency is acting under its own 


khammond on DSKJM1Z7X2PROD with BILLS
7 

•HR 6235 IH

1 independent mission and authority’’ before the 

2 semicolon; 

3 (3) in subsection (d), by striking ‘‘Except as 

4 provided in subsection (h), the’’ and inserting 

5 ‘‘The’’; 

6 (4) in subsection (e)— 

7 (A) by amending paragraph (2) to read as 

8 follows: 

9 ‘‘(2) examine, in collaboration with State, local, 

10 and Tribal entities, including island communities, 

11 low-population rural communities, Indigenous com12 munities, subsistence communities, fisheries, and 

13 recreation industries that are most dependent on 

14 coastal and water resources that may be impacted 

15 by marine and freshwater harmful algal blooms and 

16 hypoxia, the causes, ecological consequences, cultural 

17 impacts, and social and economic costs of harmful 

18 algal blooms and hypoxia;’’; 

19 (B) by striking paragraph (3); 

20 (C) by redesignating paragraphs (4), (5), 

21 and (6) as paragraphs (3), (4), and (5), respec22 tively; 

23 (D) in paragraph (3), as so redesignated— 

24 (i) by striking ‘‘to, regional’’ and in25 serting ‘‘to regional’’; and 


khammond on DSKJM1Z7X2PROD with BILLS
8 

•HR 6235 IH

1 (ii) by striking ‘‘agencies’’ and insert2 ing ‘‘entities, and regional coastal observ3 ing systems (as such term is defined in 

4 section 12330(6) of the Integrated Coastal 

5 and Ocean Observation System Act of 

6 2009 (33 U.S.C. 3602(6)))’’; 

7 (E) in paragraph (5), as so redesignated, 

8 by inserting ‘‘and communities’’ after ‘‘eco9 systems’’; 

10 (F) by inserting after paragraph (5) the 

11 following new paragraph: 

12 ‘‘(6) support sustained observations to provide 

13 State, local, and Tribal entities and others access to 

14 real-time or near real-time observation data for deci15 sion-making to protect human and ecological health 

16 and local economies;’’; 

17 (G) in paragraph (8), by striking ‘‘State 

18 and local’’ and inserting ‘‘State, local, and Trib19 al’’; and 

20 (H) in paragraph (9)(A), by striking ‘‘trib21 al’’ and inserting ‘‘Tribal’’; 

22 (5) by amending subsections (f) and (g) to read 

23 as follows: 

24 ‘‘(f) COOPERATIVE EFFORTS.—The Under Secretary 

25 shall work cooperatively with and avoid duplication of efVerDate Sep 11 2014 23:09 Nov 15, 2023 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6235.IH H6235

khammond on DSKJM1Z7X2PROD with BILLS
9 

•HR 6235 IH

1 fort of other agencies on the Task Force, and with and 

2 of States, Indian tribes, and nongovernmental organiza3 tions concerned with marine and freshwater issues, and 

4 shall coordinate harmful algal bloom and hypoxia and re5 lated activities and research. 

6 ‘‘(g) FRESHWATER PROGRAM DUTIES.—The Admin7 istrator, in coordination with the Task Force, shall carry 

8 out the duties under subsection (e) for freshwater aspects 

9 of the Program.’’; 

10 (6) by striking subsection (h); and 

11 (7) by redesignating subsection (i) as subsection 

12 (h). 

13 (d) NATIONAL OCEANIC AND ATMOSPHERIC ADMIN14 ISTRATION ACTIVITIES.— 

15 (1) IN GENERAL.—The Harmful Algal Blooms 

16 and Hypoxia Research and Control Act of 1998 is 

17 amended by amending section 603B (33 U.S.C. 

18 4003) to read as follows: 

19 ‘‘SEC. 603B. NATIONAL OCEANIC AND ATMOSPHERIC AD20 MINISTRATION ACTIVITIES. 

21 ‘‘(a) IN GENERAL.—The Under Secretary shall— 

22 ‘‘(1) carry out marine, coastal, and Great 

23 Lakes harmful algal bloom and hypoxia events re24 sponse activities; 


khammond on DSKJM1Z7X2PROD with BILLS
10 

•HR 6235 IH

1 ‘‘(2) develop and enhance operational harmful 

2 algal bloom observing and forecasting programs, in3 cluding operational observations and forecasting, 

4 monitoring, modeling, data management, and infor5 mation dissemination; 

6 ‘‘(3) maintain and enhance the existing peer-re7 viewed, merit-based, competitive grant funding relat8 ing to harmful algal blooms and hypoxia to— 

9 ‘‘(A) maintain and enhance baseline moni10 toring programs established by the Program; 

11 ‘‘(B) support the projects maintained and 

12 established by the Program; 

13 ‘‘(C) address the research and manage14 ment needs and priorities identified in the Ac15 tion Strategy under section 603(c); 

16 ‘‘(D) accelerate the utilization of effective 

17 methods of intervention and mitigation to re18 duce the frequency, severity, and impacts of 

19 harmful algal bloom and hypoxia events; 

20 ‘‘(E) identify opportunities to improve 

21 monitoring of harmful algal bloom and hypoxia, 

22 with a particular focus on coastal waters that 

23 may affect fisheries, public health, or subsist24 ence harvest; 


khammond on DSKJM1Z7X2PROD with BILLS
11 

•HR 6235 IH

1 ‘‘(F) examine the effects of other environ2 mental stressors on harmful algal blooms and 

3 hypoxia; 

4 ‘‘(G) assess the effects of multiple environ5 mental stressors on living marine resources and 

6 coastal ecosystems; and 

7 ‘‘(H) evaluate adaptation and mitigation 

8 strategies to address the impacts of harmful 

9 algal blooms and hypoxia; 

10 ‘‘(4) enhance communication and coordination 

11 among Federal agencies carrying out marine and 

12 freshwater harmful algal bloom and hypoxia activi13 ties and research; 

14 ‘‘(5) to the greatest extent practicable, leverage 

15 existing resources and expertise available from local 

16 research universities and institutions; and 

17 ‘‘(6) use cost effective methods in carrying out 

18 this section. 

19 ‘‘(b) INTEGRATED COASTAL AND OCEAN OBSERVA20 TION SYSTEM.—The collection of monitoring and observ21 ing data under this section shall comply with all data 

22 standards and protocols developed pursuant to the Inte23 grated Coastal and Ocean Observation System Act of 

24 2009 (33 U.S.C. 3601 et seq.). Such data shall be made 

25 available through the system established under that Act.’’. 


khammond on DSKJM1Z7X2PROD with BILLS
12 

•HR 6235 IH

1 (2) CLERICAL AMENDMENT.—The table of con2 tents in section 2 of the Coast Guard Authorization 

3 Act of 1998 is amended by amending the item relat4 ing to section 603B to read as follows: 

‘‘Sec. 603B. National Oceanic and Atmospheric Administration activities.’’. 

5 (e) ENVIRONMENTAL PROTECTION AGENCY ACTIVI6 TIES.— 

7 (1) IN GENERAL.—The Harmful Algal Blooms 

8 and Hypoxia Research and Control Act of 1998 is 

9 amended by inserting after section 603B, as amend10 ed by subsection (d), the following new section: 

11 ‘‘SEC. 603C. ENVIRONMENTAL PROTECTION AGENCY AC12 TIVITIES. 

13 ‘‘The Administrator shall— 

14 ‘‘(1) carry out research on the ecology and 

15 human health impacts of freshwater harmful algal 

16 blooms; 

17 ‘‘(2) develop and maintain forecasting and mon18 itoring of, and event response to, freshwater harmful 

19 algal blooms in lakes, reservoirs, rivers, and estu20 aries (including tributaries thereof); 

21 ‘‘(3) enhance communication and coordination 

22 among Federal agencies carrying out freshwater 

23 harmful algal bloom and hypoxia activities and re24 search; 


khammond on DSKJM1Z7X2PROD with BILLS
13 

•HR 6235 IH

1 ‘‘(4) to the greatest extent practicable, leverage 

2 existing resources and expertise available from local 

3 research universities and institutions; and 

4 ‘‘(5) use cost effective methods in carrying out 

5 this section.’’. 

6 (2) CLERICAL AMENDMENT.—The table of con7 tents in section 2 of the Coast Guard Authorization 

8 Act of 1998 is amended by inserting after the time 

9 relating to section 603B, as amended by subsection 

10 (e), the following new item: 

‘‘Sec. 603C. Environmental Protection Agency activities.’’. 

11 (f) NATIONAL HARMFUL ALGAL BLOOM AND HY12 POXIA OBSERVING NETWORK.— 

13 (1) IN GENERAL.—The Harmful Algal Blooms 

14 and Hypoxia Research and Control Act of 1998 is 

15 amended by amending section 606 (33 U.S.C. 4005) 

16 to read as follows: 

17 ‘‘SEC. 606. NATIONAL HARMFUL ALGAL BLOOM OBSERVING 

18 NETWORK. 

19 ‘‘(a) IN GENERAL.—The Under Secretary, acting 

20 through the National Centers for Coastal Ocean Science 

21 (NCCOS) and the Integrated Ocean Observing System 

22 (IOOS) of the National Oceanic and Atmospheric Admin23 istration, shall establish a national network of harmful 

24 algal bloom observing systems for the monitoring, detec25 tion, and forecasting of harmful algal blooms by leveraging 


khammond on DSKJM1Z7X2PROD with BILLS
14 

•HR 6235 IH

1 the capacity of IOOS regional associations, including 

2 through the incorporation of emerging technologies and 

3 new data integration methods, such as artificial intel4 ligence. 

5 ‘‘(b) COORDINATION.—In carrying out subsection 

6 (a), the IOOS Program Office shall— 

7 ‘‘(1) coordinate with NCCOS regarding obser8 vations, data integration, and information dissemi9 nation; and 

10 ‘‘(2) establish a Harmful Algal Bloom Data As11 sembly Center to integrate, disseminate, and provide 

12 a central architecture to support ecological fore13 casting.’’. 

14 (2) CLERICAL AMENDMENT.—The table of con15 tents in section 2 of the Coast Guard Authorization 

16 Act of 1998 is amended by amending the item relat17 ing to section 606 to read as follows: 

‘‘Sec. 606. National harmful algal bloom observing network.’’. 

18 (g) DEFINITIONS.—Section 609 of the Harmful Algal 

19 Blooms and Hypoxia Research and Control Act of 1998 

20 (33 U.S.C. 4008) is amended— 

21 (1) in paragraph (1), by striking ‘‘means the 

22 comprehensive research plan and action strategy es23 tablished under section 603B’’ and inserting ‘‘means 

24 the action strategy, including scientific assessment, 


khammond on DSKJM1Z7X2PROD with BILLS
15 

•HR 6235 IH

1 for marine and freshwater harmful algal blooms es2 tablished under section 603(c)’’; 

3 (2) by amending paragraph (3) to read as fol4 lows: 

5 ‘‘(3) APPROPRIATE FEDERAL OFFICIAL.—The 

6 term ‘appropriate Federal official’ means— 

7 ‘‘(A) in the case of coastal hypoxia or 

8 harmful algal bloom event, including those in 

9 estuarine areas, the Under Secretary of Com10 merce for Oceans and Atmosphere; and 

11 ‘‘(B) in the case of a freshwater hypoxia or 

12 harmful algal bloom event, the Administrator of 

13 the Environmental Protection Agency, in con14 sultation with the Under Secretary of Com15 merce for Oceans and Atmosphere.’’. 

16 (3) by striking paragraph (9); 

17 (4) by redesignating paragraphs (4), (5), (6), 

18 (7), and (8) as paragraphs (6), (7), (9), (10), and 

19 (11); 

20 (5) by inserting after paragraph (3) the fol21 lowing new paragraphs: 

22 ‘‘(4) HARMFUL ALGAL BLOOM; HARMFUL

23 ALGAL BLOOM AND HYPOXIA EVENT.— 

24 ‘‘(A) HARMFUL ALGAL BLOOM.—The term 

25 ‘harmful algal bloom’ means marine or freshVerDate Sep 11 2014 23:09 Nov 15, 2023 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H6235.IH H6235

khammond on DSKJM1Z7X2PROD with BILLS
16 

•HR 6235 IH

1 water algae or macroalgae, including 

2 Sargassum, that proliferate to high concentra3 tions, resulting in nuisance conditions or harm4 ful impacts on marine and freshwater eco5 systems, communities, or human health through 

6 the production of toxic compounds or other bio7 logical, chemical, or physical impacts of the 

8 algae outbreak. 

9 ‘‘(B) HARMFUL ALGAL BLOOM AND HY10 POXIA EVENT.—The term ‘harmful algal bloom 

11 and hypoxia event’ means the occurrence of a 

12 harmful algal bloom or hypoxia as a result of 

13 a natural, anthropogenic, or undetermined 

14 cause. 

15 ‘‘(5) HARMFUL ALGAL BLOOM OR HYPOXIA

16 EVENT OF SIGNIFICANCE.—The term ‘event of sig17 nificance’ means a harmful algal bloom or hypoxia 

18 event that has had or will likely have significant det19 rimental environmental, economic, social, subsistence 

20 use, or public health impacts.’’; 

21 (6) in paragraph (6), as so redesignated— 

22 (A) by striking ‘‘aquatic’’ and inserting 

23 ‘‘marine or freshwater’’; and 

24 (B) by striking ‘‘resident’’ and inserting 

25 ‘‘marine or freshwater’’; 


khammond on DSKJM1Z7X2PROD with BILLS
17 

•HR 6235 IH

1 (7) by inserting after paragraph (7), as so re2 designated, the following new paragraph: 

3 ‘‘(9 - 8) SUBSISTENCE USE.—The term ‘sub4 sistence use’ means the customary and traditional 

5 use of fish, wildlife, or other freshwater, coastal, or 

6 marine resources by any individual or community to 

7 meet personal or family needs, including essential 

8 economic, nutritional, or cultural applications.’’; and 

9 (8) in paragraph (10), as so redesignated, by 

10 striking ‘‘Inter-Agency Task Force’’ and inserting 

11 ‘‘Interagency Working Group’’. 

12 (h) AUTHORIZATION OF APPROPRIATIONS.—Section 

13 610 of the Harmful Algal Blooms and Hypoxia Research 

14 and Control Act of 1998 (33 U.S.C. 4009) is amended— 

15 (1) by amending subsection (a) to read as fol16 lows: 

17 ‘‘(a) IN GENERAL.—There is authorized to be appro18 priated to the Under Secretary to carry out this title 

19 $34,600,000 for each of fiscal years 2024 through 2028.’’; 

20 and 

21 (2) by adding at the end the following new sub22 section: 

23 ‘‘(c) TRANSFER AUTHORITY.—The Under Secretary 

24 is authorized to make a direct non-expenditure transfer 

25 of funds authorized to be appropriated pursuant to subVerDate Sep 11 2014 23:09 Nov 15, 2023 Jkt 049200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H6235.IH H6235

khammond on DSKJM1Z7X2PROD with BILLS
18 

•HR 6235 IH

1 section (a) to the head of any Federal department or agen2 cy, with the concurrence of such head, to carry out, as 

3 appropriate, relevant provisions of this title.’’. 

4 (i) NATIONAL LEVEL INCUBATOR PROGRAM; HARM5 FUL ALGAL BLOOM OR HYPOXIA EVENT OF SIGNIFI6 CANCE.— 

7 (1) IN GENERAL.—The Harmful Algal Blooms 

8 and Hypoxia Research and Control Act of 1998 is 

9 amended by adding at the end the following new sec10 tions: 

11 ‘‘SEC. 611. NATIONAL LEVEL INCUBATOR PROGRAM. 

12 ‘‘(a) IN GENERAL.—The Under Secretary, in collabo13 ration with research universities and institutions, shall es14 tablish a national level incubator program to increase the 

15 number of available control strategies and technologies re16 lating to harmful algal blooms. Such incubator shall estab17 lish a framework for preliminary assessments of novel 

18 harmful algal bloom prevention, mitigation, and control 

19 technologies in order to determine the potential for effec20 tiveness and scalability. 

21 ‘‘(b) OPERATION.—The incubator under subsection 

22 (a) shall provide merit-based funding for harmful algal 

23 bloom control strategies and technologies that eliminate 

24 or reduce through biological, chemical, or physical means 

25 the levels of harmful algae and associated toxins. 


khammond on DSKJM1Z7X2PROD with BILLS
19 

•HR 6235 IH

1 ‘‘(c) DATABASE.—The incubator under subsection (a) 

2 shall establish a database to— 

3 ‘‘(1) catalog the economic costs, feasibility, ef4 fectiveness, and scalability of both novel and estab5 lished prevention, control, and mitigation measures; 

6 and 

7 ‘‘(2) clarify the licensing and permitting re8 quirements regulating the application of such meas9 ures. 

10 ‘‘(d) PRIORITIZATION.—In carrying out the incubator 

11 under subsection (a), the Under Secretary shall prioritize 

12 proposed activities that would— 

13 ‘‘(1) protect key habitats for fish and wildlife; 

14 ‘‘(2) maintain biodiversity; 

15 ‘‘(3) protect public health; 

16 ‘‘(4) protect coastal resources of national, his17 torical, and cultural significance; and 

18 ‘‘(5) benefit communities of color, low-income 

19 communities, Tribal or Indigenous communities, and 

20 rural communities. 

21 ‘‘SEC. 612. HARMFUL ALGAL BLOOM OR HYPOXIA EVENT OF 

22 SIGNIFICANCE. 

23 ‘‘(a) EVENT OF SIGNIFICANCE FUND.— 

24 ‘‘(1) ESTABLISHMENT.—There is established in 

25 the Treasury of the United States a fund to be 


khammond on DSKJM1Z7X2PROD with BILLS
20 

•HR 6235 IH

1 known as the ‘Harmful Algal Bloom and Hypoxia 

2 Event of Significance Fund’ (in this section referred 

3 to as the ‘Fund’). 

4 ‘‘(2) DEPOSITS INTO FUND.— 

5 ‘‘(A) IN GENERAL.—There shall be depos6 ited into the Fund the following: 

7 ‘‘(i) Amounts appropriated to the 

8 Fund. 

9 ‘‘(ii) Amounts transferred to the Fund 

10 under paragraph (3). 

11 ‘‘(iii) Amounts received by the United 

12 States in the form of gifts, devises, and be13 quests under paragraph (4). 

14 ‘‘(B) AVAILABILITY.—Amounts deposited 

15 into the Fund shall be available without fiscal 

16 year limitation. 

17 ‘‘(3) TRANSFER AUTHORITY.—Notwithstanding 

18 any other provision of law, from amounts appro19 priated to the National Oceanic and Atmospheric 

20 Administration, the Under Secretary may transfer 

21 up to $2,000,000 to the Fund each fiscal year. 

22 ‘‘(4) ACCEPTANCE OF DONATIONS.—For pur23 poses of carrying out this section, the Under Sec24 retary may accept, solicit, receive, hold, administer, 


khammond on DSKJM1Z7X2PROD with BILLS
21 

•HR 6235 IH

1 and use gifts, devises, and bequests without any fur2 ther approval or administrative action. 

3 ‘‘(5) CONTRACT, GRANT, AND COOPERATIVE

4 AGREEMENT AUTHORITY.—The Under Secretary 

5 may enter into agreements and grants with States, 

6 Indian tribes, or local governments, or other entities 

7 to pay for or reimburse costs incurred for the pur8 poses of supporting the determination of and assess9 ing the environmental, economic, social, subsistence 

10 use, and public health effects of a harmful algal 

11 bloom or hypoxia event of significance. 

12 ‘‘(6) STEERING COMMITTEE.— 

13 ‘‘(A) IN GENERAL.—Not later than 12 

14 months after the date of the enactment of this 

15 section, the President, acting through the 

16 Under Secretary, shall establish a steering com17 mittee to assist in evaluating information and 

18 data submitted by eligible requesters under sub19 section (b)(1) in the event of a harmful algal 

20 bloom or hypoxia event of significance, in ac21 cordance with the considerations described in 

22 subsection (c)(3) and the Event of Significance 

23 Policy under subsection (c). 

24 ‘‘(B) MEMBERSHIP.—The steering com25 mittee established under this paragraph shall 


khammond on DSKJM1Z7X2PROD with BILLS
22 

•HR 6235 IH

1 consist of individuals with knowledge and expe2 rience in aquatic or marine science, harmful 

3 algal bloom or hypoxia science, harmful algal 

4 bloom or hypoxia monitoring and forecasting, or 

5 harmful algal bloom or hypoxia prevention, 

6 mitigation, and control. 

7 ‘‘(C) CHARTER.—The Under Secretary 

8 shall develop and prescribe a charter for the 

9 steering committee established under this para10 graph. Such charter shall reflect the full scope 

11 of the duties and activities of the steering com12 mittee. 

13 ‘‘(D) EXEMPTION.—Chapter 10 of title 5, 

14 United States Code, shall not apply to the 

15 steering committee established under this para16 graph. 

17 ‘‘(7) AVAILABILITY OF FUNDS.—Upon the sub18 mission of a request for a harmful algal bloom or 

19 hypoxia event of significance determination under 

20 subsection (b), the appropriate Federal official is au21 thorized to make sums, from funds appropriated to 

22 the Fund, available to the affected State, local, or 

23 Tribal government for the purposes of supporting 

24 the determination of and assessing the environVerDate Sep 11 2014 23:09 Nov 15, 2023 Jkt 049200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H6235.IH H6235

khammond on DSKJM1Z7X2PROD with BILLS
23 

•HR 6235 IH

1 mental, economic, social, subsistence use, and public 

2 health effects of such event. 

3 ‘‘(b) REQUESTS AND DETERMINATIONS.— 

4 ‘‘(1) ELIGIBLE REQUESTERS.—Not later than 

5 two years after the beginning date of a harmful algal 

6 bloom or hypoxia event of significance, a request for 

7 a harmful algal bloom or hypoxia event of signifi8 cance determination may be submitted to the appro9 priate Federal official, if the appropriate Federal of10 ficial has not independently determined that such an 

11 event of significance has occurred, by any of the fol12 lowing: 

13 ‘‘(A) The Governor of an affected State. 

14 ‘‘(B) A leadership official of an affected 

15 Indian Tribe. 

16 ‘‘(C) The executive official of the District 

17 of Columbia or a territory or possession of the 

18 United States, including Puerto Rico, the Vir19 gin Islands, Guam, the Commonwealth of the 

20 Northern Mariana Islands, and the Trust Terri21 tories of the Pacific Islands, and American 

22 Samoa, if affected. 

23 ‘‘(D) Any other comparable elected or po24 litically appointed representative as determined 

25 by the Secretary, if affected. 


khammond on DSKJM1Z7X2PROD with BILLS
24 

•HR 6235 IH

1 ‘‘(2) HARMFUL ALGAL BLOOM OR HYPOXIA

2 EVENT OF SIGNIFICANCE DETERMINATION.—At the 

3 discretion of an appropriate Federal official, or at 

4 the request of an eligible requester under sub5 section(b)(1), an appropriate Federal official, in con6 sultation with the Steering Committee and NOAA, 

7 shall determine whether a harmful algal bloom or 

8 hypoxia event is an event of significance. 

9 ‘‘(3) CONSIDERATIONS.—In making a deter10 mination under paragraph (2), the appropriate Fed11 eral official shall consider such factors as the fol12 lowing: 

13 ‘‘(A) The risk to public health and the po14 tential severity of the detrimental environmental 

15 effects of the harmful algal bloom or hypoxia 

16 event at issue. 

17 ‘‘(B) The potential to spread, the potential 

18 economic, social, and subsistence use impacts of 

19 such event. 

20 ‘‘(C) The relative magnitude of impacts in 

21 relation to past occurrences of harmful algal 

22 blooms or hypoxia events that occur on a recur23 rent or annual basis. 

24 ‘‘(D) The geographic scope, including the 

25 potential to affect several municipalities, to afVerDate Sep 11 2014 23:09 Nov 15, 2023 Jkt 049200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H6235.IH H6235

khammond on DSKJM1Z7X2PROD with BILLS
25 

•HR 6235 IH

1 fect more than one State, or to cross an inter2 national boundary. 

3 ‘‘(4) MITIGATION RELIEF.—Upon determina4 tion that a harmful algal bloom or hypoxia event of 

5 significance has occurred under paragraph (2), the 

6 appropriate Federal official is authorized to make 

7 sums available, from funds appropriated for such 

8 purposes, to be used by the affected State, Tribal, 

9 or local government, or by the Under Secretary in 

10 cooperation with the affected State, local, or Tribal 

11 government, for the purposes of mitigating the envi12 ronmental, economic, social, subsistence, and public 

13 health effects of such event. 

14 ‘‘(c) EVENT OF SIGNIFICANCE POLICY.— 

15 ‘‘(1) PUBLICATION.—Not later than six months 

16 after the date of the enactment of this section, the 

17 appropriate Federal officials shall publish Harmful 

18 Algal Bloom and Hypoxia Event of Significance poli19 cies for marine and coastal harmful algal bloom or 

20 hypoxia events, and for freshwater harmful algal 

21 bloom or hypoxia events, respectively. Each such pol22 icy shall include the following: 

23 ‘‘(A) Evaluation criteria and considerations 

24 to inform the determination of a harmful algal 


khammond on DSKJM1Z7X2PROD with BILLS
26 

•HR 6235 IH

1 bloom or hypoxia event of significance under 

2 subsection (b)(3). 

3 ‘‘(B) The type of supplementary informa4 tion that an affected State or other eligible re5 quester described in subsection (b)(1) may pro6 vide to accompany a harmful algal bloom or hy7 poxia event of significance request. 

8 ‘‘(C) Process and criteria for prioritizing 

9 and evaluating multiple requests for a harmful 

10 algal bloom or hypoxia event of significance de11 termination. 

12 ‘‘(2) OPPORTUNITY FOR COMMENT.—Not later 

13 than 120 days before publishing each final policy 

14 under paragraph (1), the appropriate Federal offi15 cials shall publish a draft of each such proposed pol16 icy in the Federal Register for a public comment pe17 riod of not less than 60 days. 

18 ‘‘(d) LIMITATIONS.— 

19 ‘‘(1) FEDERAL SHARE.—Except as provided in 

20 paragraph (2), the Federal share of the cost of any 

21 activity carried out under this subsection may not 

22 exceed 75 percent of the total cost of such activity. 

23 ‘‘(2) WAIVER.—The appropriate Federal official 

24 may waive the non-Federal share requirements of 


khammond on DSKJM1Z7X2PROD with BILLS
27 

•HR 6235 IH

1 this subsection, if the appropriate Federal official 

2 determines that— 

3 ‘‘(A) no reasonable means are available 

4 through which the recipient of the Federal 

5 share can meet the non-Federal share require6 ment; 

7 ‘‘(B) the probable benefit of 100 percent 

8 Federal financing outweighs the public interest 

9 in imposition of the non-Federal share; and 

10 ‘‘(C) assistance is directed to support the 

11 assessment or mitigation of a harmful algal 

12 bloom or hypoxia event of significance affecting 

13 an Indian Tribe or subsistence use. 

14 ‘‘(3) FISHERY FAILURES.— 

15 ‘‘(A) IN GENERAL.—Any analysis of a 

16 commercial fishery failure due to a fishery re17 source disaster caused by a harmful algal bloom 

18 or hypoxia event of significance shall be con19 ducted pursuant to an appropriate request in 

20 accordance with the Magnusons-Stevens Fish21 ery Conservation and Management Act (16 

22 U.S.C. 1801 et seq.). 

23 ‘‘(B) FISHERY RESOURCE DISASTER RE24 LIEF.—No funds available under this section 

25 may be used as part of response relief for a deVerDate Sep 11 2014 23:09 Nov 15, 2023 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H6235.IH H6235

khammond on DSKJM1Z7X2PROD with BILLS
28 

•HR 6235 IH

1 clared fishery resource disaster caused by a 

2 harmful algal bloom or hypoxia event, pursuant 

3 to the Magnusons-Stevens Fishery Conservation 

4 and Management Act (16 U.S.C. 1801 et 

5 seq.).’’. 

6 (2) CLERICAL AMENDMENTS.—The table of 

7 contents in section 2 of the Coast Guard Authoriza8 tion Act of 1998 is amended by inserting after the 

9 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.’’. 

Æ 


khammond on DSKJM1Z7X2PROD with BILLS