II 

119TH CONGRESS 

1ST SESSION S. 93 

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 SENATE OF THE UNITED STATES 

JANUARY 14, 2025 

Mr. SULLIVAN (for himself, Ms. BALDWIN, Ms. COLLINS, Mr. CORNYN, Mr. 

MERKLEY, Mr. PETERS, and Mr. WHITEHOUSE) introduced the following 

bill; which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

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 2025’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•S 93 IS

1 SEC. 2. AMENDMENTS TO THE HARMFUL ALGAL BLOOM 

2 AND HYPOXIA RESEARCH AND CONTROL ACT 

3 OF 1998. 

4 (a) ASSESSMENTS.— 

5 (1) IN GENERAL.—Section 603 of the Harmful 

6 Algal Bloom and Hypoxia Research and Control Act 

7 of 1998 (33 U.S.C. 4001) is amended— 

8 (A) in the section heading, by striking 

9 ‘‘ASSESSMENTS’’ and inserting ‘‘TASK

10 FORCE, ASSESSMENTS, AND ACTION

11 STRATEGY’’; 

12 (B) in subsection (a)— 

13 (i) by redesignating paragraphs (13) 

14 and (14) as paragraphs (14) and (15), re15 spectively; and 

16 (ii) by inserting after paragraph (12) 

17 the following: 

18 ‘‘(13) the Department of Energy;’’; 

19 (C) by striking subsections (b), (c), (d), 

20 (e), (g), (h), and (i) and redesignating sub21 section (f) as subsection (b); 

22 (D) in subsection (b), as so redesignated— 

23 (i) in paragraph (1), in the first sen24 tence, by striking ‘‘coastal waters including 

25 the Great Lakes’’ and inserting ‘‘marine, 

26 estuarine, and freshwater systems’’; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•S 93 IS

1 (ii) in paragraph (2)— 

2 (I) by amending subparagraph 

3 (A) to read as follows: 

4 ‘‘(A) examine— 

5 ‘‘(i) the causes and ecological con6 sequences of hypoxia on marine and aquat7 ic species in their environments; and 

8 ‘‘(ii) the costs of hypoxia, including 

9 impacts on food safety and security;’’; 

10 (II) by redesignating subpara11 graphs (B), (C), and (D) as subpara12 graphs (D), (E), and (F), respectively; 

13 (III) by inserting after subpara14 graph (A) the following: 

15 ‘‘(B) examine the effect of other environ16 mental stressors on hypoxia; 

17 ‘‘(C) evaluate alternatives for reducing, 

18 mitigating, and controlling hypoxia and its envi19 ronmental impacts;’’; and 

20 (IV) in subparagraph (E), as re21 designated by subclause (II), by strik22 ing ‘‘hypoxia modeling and monitoring 

23 data’’ and inserting ‘‘hypoxia mod24 eling, forecasting, and monitoring and 

25 observation data’’; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
4 

•S 93 IS

1 (E) by adding at the end the following: 

2 ‘‘(c) ACTION STRATEGY AND SCIENTIFIC ASSESS3 MENT FOR MARINE AND FRESHWATER HARMFUL ALGAL

4 BLOOMS.— 

5 ‘‘(1) IN GENERAL.—Not less frequently than 

6 once every 5 years, the Task Force shall complete 

7 and submit to Congress an action strategy for harm8 ful algal blooms in the United States. 

9 ‘‘(2) ELEMENTS.—Each Action Strategy 

10 shall— 

11 ‘‘(A) examine, and include a scientific as12 sessment of, marine and freshwater harmful 

13 algal blooms, including such blooms— 

14 ‘‘(i) in the Great Lakes; 

15 ‘‘(ii) in the upper reaches of estuaries; 

16 ‘‘(iii) in freshwater lakes and rivers; 

17 ‘‘(iv) in coastal and marine waters; 

18 and 

19 ‘‘(v) that originate in freshwater lakes 

20 or rivers and migrate to coastal waters; 

21 ‘‘(B) examine the causes, ecological con22 sequences or physiological consequences on 

23 wildlife function, and economic or cultural im24 pacts, including food safety and security and 

25 subsistence use, of harmful algal blooms; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
5 

•S 93 IS

1 ‘‘(C) examine the effect of other environ2 mental stressors on harmful algal blooms; 

3 ‘‘(D) examine potential methods to pre4 vent, control, and mitigate harmful algal blooms 

5 and the potential ecological, subsistence use, 

6 and economic costs and benefits of such meth7 ods; 

8 ‘‘(E) identify priorities for research needed 

9 to advance techniques and technologies to de10 tect, predict, monitor, respond to, and minimize 

11 the occurrence, duration, and severity of harm12 ful algal blooms, including recommendations to 

13 eliminate significant gaps in harmful algal 

14 bloom forecasting, monitoring, and observation 

15 data; 

16 ‘‘(F) evaluate progress made by, and the 

17 needs of, activities and actions of the Task 

18 Force to prevent, control, and mitigate harmful 

19 algal blooms; 

20 ‘‘(G) identify ways to improve coordination 

21 and prevent unnecessary duplication of effort 

22 among Federal agencies with respect to re23 search on harmful algal blooms; and 

24 ‘‘(H) include regional chapters relating to 

25 the requirements described in this paragraph in 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
6 

•S 93 IS

1 order to highlight geographically and eco2 logically diverse locations with significant eco3 logical, subsistence use, cultural, and economic 

4 impacts from harmful algal blooms. 

5 ‘‘(d) CONSULTATION.—In carrying out subsections 

6 (b) and (c), the Task Force shall consult with— 

7 ‘‘(1) States, Indian tribes, and local govern8 ments; and 

9 ‘‘(2) appropriate industries (including fisheries, 

10 agriculture, and fertilizer), academic institutions, 

11 and nongovernmental organizations with relevant ex12 pertise.’’. 

13 (2) CLERICAL AMENDMENT.—The table of con14 tents in section 2 of the Coast Guard Authorization 

15 Act of 1998 (Public Law 105–383; 112 Stat. 3412; 

16 136 Stat. 1268) is amended by striking the item re17 lating to section 603 and inserting the following: 

‘‘Sec. 603. Task Force, assessments, and Action Strategy.’’. 

18 (3) CONFORMING AMENDMENT.—Section 102 

19 of the Harmful Algal Bloom and Hypoxia Amend20 ments Act of 2004 (33 U.S.C. 4001a) is amended 

21 by striking ‘‘In developing’’ and all that follows 

22 through ‘‘management.’’. 

23 (b) NATIONAL HARMFUL ALGAL BLOOM AND HY24 POXIA PROGRAM.—Section 603A of the Harmful Algal 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
7 

•S 93 IS

1 Bloom and Hypoxia Research and Control Act of 1998 

2 (33 U.S.C. 4002) is amended— 

3 (1) in subsection (a)— 

4 (A) in paragraph (1)— 

5 (i) by striking ‘‘predicting,’’ and in6 serting ‘‘monitoring, observing, fore7 casting,’’; and 

8 (ii) by striking ‘‘and’’ after the semi9 colon; and 

10 (B) by striking paragraph (2) and insert11 ing the following: 

12 ‘‘(2) the scientific assessment submitted under 

13 section 603(b); and 

14 ‘‘(3) the Action Strategy.’’; 

15 (2) in subsection (c)— 

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

17 and Great Lakes science and management pro18 grams and centers’’ and inserting ‘‘programs 

19 and centers relating to the science and manage20 ment of marine, estuarine, and freshwater sys21 tems’’; and 

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

23 recognizing each agency is acting under its own 

24 independent mission and authority’’ before the 

25 semicolon; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
8 

•S 93 IS

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

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

3 ‘‘The’’; 

4 (4) in subsection (e)— 

5 (A) by striking paragraph (2) and insert6 ing the following: 

7 ‘‘(2) examine the causes, ecological con8 sequences, and costs of harmful algal blooms and 

9 hypoxia;’’; 

10 (B) in paragraph (3)— 

11 (i) in subparagraph (B), by inserting 

12 ‘‘, including the annual Gulf of Mexico hy13 poxia zone mapping cruise’’ after ‘‘Pro14 gram’’; 

15 (ii) in subparagraph (C), by striking 

16 ‘‘and’’ after the semicolon; and 

17 (iii) by adding at the end the fol18 lowing: 

19 ‘‘(E) to identify opportunities to improve 

20 monitoring of harmful algal blooms and hy21 poxia, with a particular focus on waters that 

22 may affect fisheries, public health, or subsist23 ence harvest; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
9 

•S 93 IS

1 ‘‘(F) to evaluate adaptation and mitigation 

2 strategies to address the impacts of harmful 

3 algal blooms and hypoxia; 

4 ‘‘(G) to support the resilience of the sea5 food industry to harmful algal blooms and to 

6 expand access to testing for harmful algal 

7 bloom toxins, including for subsistence and rec8 reational harvesters, through innovative meth9 ods that increase the efficiency and effective10 ness of such testing in rural and remote areas; 

11 ‘‘(H) to support sustained observations to 

12 provide State and local entities, Indian tribes, 

13 and other entities access to real-time or near 

14 real-time observations data for decision making 

15 to protect human and ecological health and 

16 local economies; and 

17 ‘‘(I) to assess the combined effects of 

18 harmful algal blooms, hypoxia, and stressors 

19 such as runoff and infrastructure changes on 

20 marine, freshwater, or estuarine ecosystems and 

21 living resources;’’; 

22 (C) in paragraph (4), by striking ‘‘agen23 cies’’ and inserting ‘‘entities, regional coastal 

24 observing systems (as defined in section 12303 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
10 

•S 93 IS

1 of the Integrated Coastal and Ocean Observa2 tion System Act of 2009 (33 U.S.C. 3602)),’’; 

3 (D) in paragraph (6), by inserting ‘‘and 

4 communities’’ after ‘‘ecosystems’’; 

5 (E) in paragraph (8), by inserting ‘‘and 

6 Indian tribes’’ after ‘‘managers’’; 

7 (F) in paragraph (9)(A), by striking ‘‘, 

8 tribal, and local stakeholders’’ and inserting 

9 ‘‘and local stakeholders and Indian tribes, Trib10 al organizations, and Native Hawaiian organi11 zations’’; 

12 (G) by redesignating paragraphs (3), (4), 

13 (5), (6), (7), (8), (9), (10), and (11) as para14 graphs (4), (5), (6), (7), (8), (9), (10), (12), 

15 and (13), respectively; 

16 (H) by inserting after paragraph (2) the 

17 following: 

18 ‘‘(3) consult with entities that are most depend19 ent on coastal and water resources that may be im20 pacted by marine and freshwater harmful algal 

21 blooms and hypoxia, including— 

22 ‘‘(A) State and local entities; 

23 ‘‘(B) Indian tribes, Tribal organizations, 

24 and Native Hawaiians organizations; 

25 ‘‘(C) island communities; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
11 

•S 93 IS

1 ‘‘(D) low-population rural communities; 

2 ‘‘(E) subsistence communities; and 

3 ‘‘(F) fisheries and recreation industries;’’; 

4 and 

5 (I) by inserting after paragraph (10), as 

6 redesignated by subparagraph (G), the fol7 lowing: 

8 ‘‘(11) expand access to testing for harmful algal 

9 bloom toxins, including for subsistence and rec10 reational harvesters, through innovative methods 

11 that increase the efficiency and effectiveness of such 

12 testing in rural and remote areas;’’; 

13 (5) by amending subsections (f) to read as fol14 lows: 

15 ‘‘(f) COOPERATION; DUPLICATION OF EFFORT.—The 

16 Under Secretary shall work cooperatively with and avoid 

17 duplication of effort of other agencies on the Task Force 

18 and States, Indian tribes, Tribal organizations, Native 

19 Hawaiian organizations, and nongovernmental organiza20 tions concerned with marine and freshwater issues.’’; and 

21 (6) by striking subsection (g), (h), and (i). 

22 (c) NATIONAL OCEANIC AND ATMOSPHERIC ADMIN23 ISTRATION ACTIVITIES.— 

24 (1) IN GENERAL.—Section 603B of the Harm25 ful Algal Bloom and Hypoxia Research and Control 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
12 

•S 93 IS

1 Act of 1998 (33 U.S.C. 4003) is amended to read 

2 as follows: 

3 ‘‘SEC. 603B. NATIONAL OCEANIC AND ATMOSPHERIC AD4 MINISTRATION ACTIVITIES. 

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

6 ‘‘(1) carry out response activities for marine, 

7 coastal, and Great Lakes harmful algal bloom and 

8 hypoxia events; 

9 ‘‘(2) develop and enhance operational harmful 

10 algal bloom observing and forecasting programs, in11 cluding operational observations and forecasting, 

12 monitoring, modeling, data management, and infor13 mation dissemination; 

14 ‘‘(3) develop forecast modeling that includes the 

15 effect of hurricanes and other weather events on the 

16 resuspension of bioavailable nutrients in sediments 

17 and related interactions with harmful algal blooms; 

18 ‘‘(4) enhance communication and coordination 

19 among Federal agencies carrying out activities and 

20 research relating to marine and freshwater harmful 

21 algal blooms and hypoxia; 

22 ‘‘(5) leverage existing resources and expertise 

23 available from local research universities and institu24 tions; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
13 

•S 93 IS

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

2 this section. 

3 ‘‘(b) INTEGRATED COASTAL AND OCEAN OBSERVA4 TION SYSTEM.—The collection of monitoring and observ5 ing data under this section shall comply with all data 

6 standards and protocols developed pursuant to the Inte7 grated Coastal and Ocean Observation System Act of 

8 2009 (33 U.S.C. 3601 et seq.). Such data shall be made 

9 available through the National Integrated Coastal and 

10 Ocean Observation System established under section 

11 12304 of that Act (33 U.S.C. 3603).’’. 

12 (2) CLERICAL AMENDMENT.—The table of con13 tents in section 2 of the Coast Guard Authorization 

14 Act of 1998 (Public Law 105–383; 112 Stat. 3412; 

15 136 Stat. 1268) is amended by striking the item re16 lating to section 603B and inserting the following: 

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

17 (d) ENVIRONMENTAL PROTECTION AGENCY ACTIVI18 TIES.— 

19 (1) IN GENERAL.—The Harmful Algal Bloom 

20 and Hypoxia Research and Control Act of 1998 is 

21 amended by inserting after section 603B (33 U.S.C. 

22 4003) the following: 

23 ‘‘SEC. 603C. ENVIRONMENTAL PROTECTION AGENCY AC24 TIVITIES. 

25 ‘‘(a) IN GENERAL.—The Administrator shall— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
14 

•S 93 IS

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

2 human health impacts of freshwater harmful algal 

3 blooms and hypoxia events; 

4 ‘‘(2) develop and enhance operational fresh5 water harmful algal bloom monitoring, observing, 

6 and forecasting programs in lakes, rivers, and res7 ervoirs, and coordinate with the National Oceanic 

8 and Atmospheric Administration on such programs 

9 in the Great Lakes and estuaries (including tribu10 taries thereof), including operational observations 

11 and forecasting, monitoring, modeling, data manage12 ment, and information dissemination, to support 

13 event response, prioritization, prevention, adapta14 tion, and mitigation activities; 

15 ‘‘(3) enhance communication and coordination 

16 among Federal agencies carrying out freshwater 

17 harmful algal bloom and hypoxia activities and re18 search; 

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

20 existing resources and expertise available from Fed21 eral and State partners and local research univer22 sities and institutions; and 

23 ‘‘(5) use cost-effective methods in carrying out 

24 this section. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
15 

•S 93 IS

1 ‘‘(b) NONDUPLICATION.—The Administrator shall 

2 ensure that activities carried out under subsection (a) 

3 focus on new approaches to addressing freshwater harmful 

4 algal blooms and are not duplicative of existing research 

5 and development programs authorized by this title or any 

6 other law.’’. 

7 (2) CLERICAL AMENDMENT.—The table of con8 tents in section 2 of the Coast Guard Authorization 

9 Act of 1998 (Public Law 105–383; 112 Stat. 3412; 

10 136 Stat. 1268) is amended by inserting after the 

11 item relating to section 603B the following: 

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

12 (e) NATIONAL HARMFUL ALGAL BLOOM OBSERVING

13 NETWORK.— 

14 (1) IN GENERAL.—Section 606 of the Harmful 

15 Algal Bloom and Hypoxia Research and Control Act 

16 of 1998 (33 U.S.C. 4005) is amended to read as fol17 lows: 

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

19 NETWORK. 

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

21 through the National Centers for Coastal Ocean Science 

22 and the Integrated Ocean Observing System of the Na23 tional Oceanic and Atmospheric Administration, shall in24 tegrate Federal, State, regional, and local observing capa25 bilities to establish a national network of observing sysVerDate Sep 11 2014 22:12 Feb 03, 2025 Jkt 059200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S93.IS S93

kjohnson on DSK7ZCZBW3PROD with $$_JOB
16 

•S 93 IS

1 tems for the monitoring, detection, and forecasting of 

2 harmful algal blooms by leveraging the capacity of re3 gional associations of the Integrated Ocean Observing Sys4 tem, including through the incorporation of emerging tech5 nologies and new data integration methods. 

6 ‘‘(b) COORDINATION AND DATA ASSEMBLY.—In car7 rying out subsection (a), the Program Office of the Inte8 grated Ocean Observing System shall— 

9 ‘‘(1) coordinate with the National Centers for 

10 Coastal Ocean Science regarding observations, data 

11 integration, and information dissemination; 

12 ‘‘(2) organize, integrate, disseminate, and pro13 vide a central architecture to support ecological fore14 casting of harmful algal blooms; and 

15 ‘‘(3) coordinate with the Water Quality Portal 

16 to store and serve discrete data related to the moni17 toring of freshwater, estuarine, and coastal harmful 

18 algal blooms.’’. 

19 (2) CLERICAL AMENDMENT.—The table of con20 tents in section 2 of the Coast Guard Authorization 

21 Act of 1998 (Public Law 105–383; 112 Stat. 3412; 

22 136 Stat. 1268) is amended by striking the item re23 lating to section 606 and inserting the following: 

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

24 (f) NATIONAL-LEVEL INCUBATOR PROGRAM.— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
17 

•S 93 IS

1 (1) IN GENERAL.—The Harmful Algal Bloom 

2 and Hypoxia Research and Control Act of 1998 is 

3 amended by inserting after section 606 (33 U.S.C. 

4 4005) the following: 

5 ‘‘SEC. 606A. NATIONAL-LEVEL INCUBATOR PROGRAM. 

6 ‘‘(a) IN GENERAL.—The Under Secretary, in collabo7 ration with the Administrator and research universities 

8 and institutions, shall establish a national-level incubator 

9 program (in this section referred to as the ‘program’) to 

10 increase the number of strategies, technologies, and meas11 ures available to prevent, mitigate, and control harmful 

12 algal blooms. 

13 ‘‘(b) FRAMEWORK.—The program shall establish a 

14 framework for preliminary assessments of novel strategies, 

15 technologies, and measures to prevent, mitigate, and con16 trol harmful algal blooms in order to determine the poten17 tial effectiveness and scalability of such technologies. 

18 ‘‘(c) FUNDING.—The program shall provide merit19 based funding, using amounts otherwise available to the 

20 Under Secretary for the award of grants, for strategies, 

21 technologies, and measures that eliminate or reduce, 

22 through biological, chemical, or physical means, the levels 

23 of harmful algae and associated toxins resulting from 

24 harmful algal blooms. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
18 

•S 93 IS

1 ‘‘(d) DATABASE.—The program shall include a data2 base for cataloging the licensing and permitting require3 ments, economic costs, feasibility, effectiveness, and 

4 scalability of novel and established strategies, tech5 nologies, and measures to prevent, mitigate, and control 

6 harmful algal blooms. 

7 ‘‘(e) PRIORITIZATION.—In carrying out the program, 

8 the Under Secretary shall prioritize proposed strategies, 

9 technologies, and measures that would, to the maximum 

10 extent practicable— 

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

12 ‘‘(2) maintain biodiversity; 

13 ‘‘(3) protect public health; 

14 ‘‘(4) protect coastal resources of national, his15 torical, and cultural significance; or 

16 ‘‘(5) benefit low-income communities, Indian 

17 tribes, and rural communities.’’. 

18 (2) CLERICAL AMENDMENT.—The table of con19 tents in section 2 of the Coast Guard Authorization 

20 Act of 1998 (Public Law 105–383; 112 Stat. 3412; 

21 136 Stat. 1268) is amended by inserting after the 

22 item relating to section 606 the following: 

‘‘Sec. 606A. National-level incubator program.’’. 

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

24 Bloom and Hypoxia Research and Control Act of 1998 

25 (33 U.S.C. 4008) is amended— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
19 

•S 93 IS

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

2 comprehensive research plan and action strategy es3 tablished under section 603B’’ and inserting ‘‘means 

4 the action strategy for harmful algal blooms in the 

5 United States most recently submitted under section 

6 603(c)’’; 

7 (2) by amending paragraph (3) to read as fol8 lows: 

9 ‘‘(3) HARMFUL ALGAL BLOOM.—The term 

10 ‘harmful algal bloom’ means a high concentration of 

11 marine or freshwater algae (including diatoms), 

12 macroalgae (including Sargassum), or cyanobacteria 

13 resulting in nuisance conditions or harmful impacts 

14 on marine and freshwater ecosystems, subsistence 

15 resources, communities, or human health through 

16 the production of toxic compounds or other biologi17 cal, chemical, or physical impacts of the bloom.’’; 

18 (3) by striking paragraph (9); 

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

20 (7), and (8) as paragraphs (5), (8), (9), (11), and 

21 (13), respectively; 

22 (5) by inserting after paragraph (3) the fol23 lowing: 

24 ‘‘(4) HARMFUL ALGAL BLOOM AND HYPOXIA

25 EVENT.—The term ‘harmful algal bloom and hyVerDate Sep 11 2014 22:12 Feb 03, 2025 Jkt 059200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S93.IS S93

kjohnson on DSK7ZCZBW3PROD with $$_JOB
20 

•S 93 IS

1 poxia event’ means the occurrence of a harmful algal 

2 bloom or hypoxia as a result of a natural, anthropo3 genic, or undetermined cause.’’; 

4 (6) in paragraph (5), as redesignated by para5 graph (4)— 

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

7 ‘‘marine or freshwater’’; and 

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

9 ‘‘marine or freshwater’’; 

10 (7) by inserting after paragraph (5), as redesig11 nated by paragraph (4), the following: 

12 ‘‘(6) INDIAN TRIBE.—The term ‘Indian tribe’ 

13 has the meaning given that term in section 4 of the 

14 Indian Self-Determination and Education Assistance 

15 Act (25 U.S.C. 5304). 

16 ‘‘(7) NATIVE HAWAIIAN ORGANIZATION.—The 

17 term ‘Native Hawaiian organization’ has the mean18 ing given that term in section 6207 of the Elemen19 tary and Secondary Education Act of 1965 (20 

20 U.S.C. 7517) and includes the Department of Ha21 waiian Home Lands and the Office of Hawaiian Af22 fairs.’’; 

23 (8) by inserting after paragraph (9), as redesig24 nated by paragraph (4), the following: 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
21 

•S 93 IS

1 ‘‘(10) SUBSISTENCE USE.—The term ‘subsist2 ence use’ means the customary and traditional use 

3 of fish, wildlife, or other freshwater, coastal, or ma4 rine resources by any individual or community to 

5 meet personal or family needs, including essential 

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

7 (9) by inserting after paragraph (11), as redes8 ignated by paragraph (4), the following: 

9 ‘‘(12) TRIBAL ORGANIZATION.—The term ‘Trib10 al organization’ has the meaning given that term in 

11 section 4 of the Indian Self-Determination and Edu12 cation Assistance Act (25 U.S.C. 5304).’’. 

13 (h) AUTHORIZATION OF APPROPRIATIONS.—Section 

14 610 of the Harmful Algal Bloom and Hypoxia Research 

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

16 (1) by amending subsection (a) to read as fol17 lows: 

18 ‘‘(a) IN GENERAL.—There is authorized to be appro19 priated to carry out this title, for each of fiscal years 2026 

20 through 2030— 

21 ‘‘(1) $19,500,000 to the Under Secretary; and 

22 ‘‘(2) $8,000,000 to the Administrator.’’; and 

23 (2) by adding at the end the following: 

24 ‘‘(c) TRANSFER AUTHORITY.—As specifically pro25 vided in advance in appropriations Acts, the Under SecVerDate Sep 11 2014 22:12 Feb 03, 2025 Jkt 059200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S93.IS S93

kjohnson on DSK7ZCZBW3PROD with $$_JOB
22 

•S 93 IS

1 retary or the Administrator may transfer funds made 

2 available to carry out this title to the head of any Federal 

3 department or agency, with the concurrence of such head, 

4 to carry out, as appropriate, relevant provisions of this 

5 title and section 9(g) of the National Integrated Drought 

6 Information System Reauthorization Act of 2018 (33 

7 U.S.C. 4010).’’. 

8 SEC. 3. OTHER HARMFUL ALGAL BLOOM AND HYPOXIA 

9 MATTERS. 

10 Section 9(g) of the National Integrated Drought In11 formation System Reauthorization Act of 2018 (33 U.S.C. 

12 4010) is amended— 

13 (1) in paragraph (1)— 

14 (A) in subparagraph (B), by adding at the 

15 end the following new sentence: ‘‘The appro16 priate Federal official may waive the non-Fed17 eral share requirements of the preceding sen18 tence if such official determines no reasonable 

19 means are available through which the recipient 

20 of the Federal share can meet the non-Federal 

21 share requirement.’’; and 

22 (B) by adding at the end the following: 

23 ‘‘(D) CONTRACT, COOPERATIVE AGREE24 MENT, AND GRANT AUTHORITY.—The appro25 priate Federal official may enter into contracts, 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
23 

•S 93 IS

1 cooperative agreements, and grants with States, 

2 Indian Tribes, Tribal organizations, Native Ha3 waiian organizations, local governments, or 

4 other entities to pay for or reimburse costs in5 curred by such entities for the purposes of sup6 porting the determination of, and assessing the 

7 environmental, economic, subsistence use, and 

8 public health effects of, an event of national 

9 significance.’’; 

10 (2) in paragraph (2)— 

11 (A) in subparagraph (A), by inserting ‘‘a 

12 leadership official of an affected Indian Tribe, 

13 the executive official of the District of Colum14 bia, or the executive official of an affected terri15 tory or possession of the United States,’’ after 

16 ‘‘State,’’; and 

17 (B) in subparagraph (B), by striking ‘‘con18 sider’’ and all that follows through ‘‘boundary.’’ 

19 and inserting ‘‘consider factors such as— 

20 ‘‘(i) the risk to public health and the 

21 potential severity of the detrimental envi22 ronmental effects of the hypoxia or harm23 ful algal bloom event, as indicated by— 

24 ‘‘(I) data on shellfish or water 

25 quality obtained through sampling 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
24 

•S 93 IS

1 programs, including baseline data, 

2 and regulatory or advisory thresholds 

3 established to explain management ac4 tions related to the event; 

5 ‘‘(II) toxin levels in fish, marine 

6 mammals, seabirds, shellfish, or water 

7 during the event; 

8 ‘‘(III) toxic aerosols produced 

9 during the event, including potential 

10 human exposures to toxic aerosols; 

11 ‘‘(IV) reports of human or ani12 mal illnesses or mortalities during the 

13 event; 

14 ‘‘(V) any closures of fishing or 

15 shellfish harvesting locations or rec16 reational public waters, including 

17 beaches, during the event; 

18 ‘‘(VI) the duration and spatial 

19 extent of the event; or 

20 ‘‘(VII) impacts to habitats or 

21 ecosystems associated with the event; 

22 ‘‘(ii) the potential economic, food safe23 ty and security, and subsistence impacts 

24 associated with the hypoxia or harmful 

25 algal bloom event, including to fisheries 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
25 

•S 93 IS

1 and aquaculture, recreation and tourism, 

2 monitoring and management, resource use, 

3 and event response activities, assessed in 

4 comparison with historical data from when 

5 a State or region did not experience such 

6 an event, as possible, as indicated by— 

7 ‘‘(I) increases in public health ex8 penditures; 

9 ‘‘(II) losses to commercial fish10 eries and aquaculture industries, 

11 recreation and tourism, real estate, 

12 and other impacted industries or busi13 nesses; 

14 ‘‘(III) increases in monitoring 

15 and management expenditures, includ16 ing costs incurred for event response 

17 and clean-up (such as for beach clean18 up following an influx of biomass or a 

19 fish-kill) by public or private sectors; 

20 or 

21 ‘‘(IV) impacts to subsistence re22 sources, including nutritional, re23 source use, and economic effects on 

24 subsistence communities; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
26 

•S 93 IS

1 ‘‘(iii) the relative magnitude of those 

2 impacts in relation to past occurrences of 

3 hypoxia or harmful algal bloom events that 

4 occur on a recurrent or annual basis; and 

5 ‘‘(iv) the geographic scope of the hy6 poxia or harmful algal bloom event, includ7 ing the potential of the event to affect sev8 eral municipalities, to affect more than 1 

9 State, or to cross an international bound10 ary.’’; 

11 (3) in paragraph (3), by adding at the end the 

12 following: 

13 ‘‘(D) INDIAN TRIBE.—The term ‘Indian 

14 Tribe’ has the meaning given that term in sec15 tion 4 of the Indian Self-Determination and 

16 Education Assistance Act (25 U.S.C. 5304). 

17 ‘‘(E) NATIVE HAWAIIAN ORGANIZATION.— 

18 The term ‘Native Hawaiian organization’ has 

19 the meaning given that term in section 6207 of 

20 the Elementary and Secondary Education Act 

21 of 1965 (20 U.S.C. 7517) and includes the De22 partment of Hawaiian Home Lands and the Of23 fice of Hawaiian Affairs. 

24 ‘‘(F) SUBSISTENCE USE.—The term ‘sub25 sistence use’ means the customary and tradiVerDate Sep 11 2014 22:12 Feb 03, 2025 Jkt 059200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S93.IS S93

kjohnson on DSK7ZCZBW3PROD with $$_JOB
27 

•S 93 IS

1 tional use of fish, wildlife, or other freshwater, 

2 coastal, or marine resources by any individual 

3 or community to meet personal or family needs, 

4 including essential economic, nutritional, or cul5 tural applications. 

6 ‘‘(G) TRIBAL ORGANIZATION.—The term 

7 ‘Tribal organization’ has the meaning given 

8 that term in section 4 of the Indian Self-Deter9 mination and Education Assistance Act (25 

10 U.S.C. 5304).’’; and 

11 (4) by adding at the end the following: 

12 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

13 There is authorized to be appropriated to carry out 

14 this subsection $2,000,000 for each of fiscal years 

15 2026 through 2030, to remain available until ex16 pended.’’. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB