II 

110TH CONGRESS 

2D SESSION S. 3191 

To develop and promote a comprehensive plan for a national strategy to 

address harmful algal blooms and hypoxia through baseline research, 

forecasting and monitoring, and mitigation and control while helping 

communities detect, control, and mitigate coastal and Great Lakes harmful algal blooms and hypoxia events. 

IN THE SENATE OF THE UNITED STATES 

JUNE 25, 2008 

Ms. SNOWE (for herself, Mr. NELSON of Florida, Ms. CANTWELL, Mr. KERRY, 

Mr. VITTER, Mr. LEVIN, Mr. VOINOVICH, Mrs. BOXER, Mr. CARDIN, and 

Ms. MIKULSKI) introduced the following bill; which was read twice and 

referred to the Committee on Commerce, Science, and Transportation. 

A BILL 

To develop and promote a comprehensive plan for a national 

strategy to address harmful algal blooms and hypoxia 

through baseline research, forecasting and monitoring, 

and mitigation and control while helping communities 

detect, control, and mitigate coastal and Great Lakes 

harmful algal blooms and hypoxia events. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Harmful Algal Blooms and Hypoxia Amendments Act of 

4 2008’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Amendment of Harmful Algal Bloom and Hypoxia Research and Control Act of 1998. 

Sec. 3. Findings. 

Sec. 4. Purpose. 

Sec. 5. Interagency task force on harmful algal blooms and hypoxia. 

Sec. 6. National harmful algal bloom and hypoxia program. 

Sec. 7. Regional research and action plans. 

Sec. 8. Reporting. 

Sec. 9. Pilot program for freshwater harmful algal blooms and hypoxia. 

Sec. 10. Interagency financing. 

Sec. 11. Application with other laws. 

Sec. 12. Definitions. 

Sec. 13. Authorization of appropriations. 

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

9 1998. 

10 Except as otherwise expressly provided, whenever in 

11 this title an amendment or repeal is expressed in terms 

12 of an amendment to, or repeal of, a section or other provi13 sion, the reference shall be considered to be made to a 

14 section or other provision of the Harmful Algal Bloom and 

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

16 1451 note). 

17 SEC. 3. FINDINGS. 

18 Section 602 is amended— 


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1 (1) by striking paragraph (8) and inserting the 

2 following: 

3 ‘‘(8) harmful algal blooms and hypoxia can be 

4 triggered and exacerbated by increases in nutrient 

5 loading from point and non-point sources, much of 

6 which originates in upland areas and is delivered to 

7 marine and freshwater bodies via river discharge, 

8 thereby requiring integrated and landscape-level re9 search and control strategies;’’; 

10 (2) by striking ‘‘and’’ after the semicolon in 

11 paragraph (11); 

12 (3) by striking ‘‘hypoxia.’’ in paragraph (12) 

13 and inserting ‘‘hypoxia;’’; and 

14 (4) by adding at the end thereof the following: 

15 ‘‘(13) harmful algal blooms and hypoxia affect 

16 many sectors of the coastal economy, including tour17 ism, public health, and recreational and commercial 

18 fisheries; and according to a recent report produced 

19 by NOAA, the United States seafood and tourism 

20 industries suffer annual losses of $82 million due to 

21 economic impacts of harmful algal blooms; 

22 ‘‘(14) global climate change and its effect on 

23 oceans and the Great Lakes may ultimately play a 

24 role in the increase or decrease of harmful algal 

25 bloom and hypoxic events; 


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1 ‘‘(15) proliferations of harmful and nuisance 

2 algae can occur in all United States waters, includ3 ing coastal areas and estuaries, the Great Lakes, 

4 and inland waterways, crossing political boundaries 

5 and necessitating regional coordination for research, 

6 monitoring, mitigation, response, and prevention ef7 forts; and 

8 ‘‘(16) following passage of the Harmful Algal 

9 Bloom and Hypoxia Research and Control Act of 

10 1998, Federally-funded and other research has led 

11 to several technological advances, including remote 

12 sensing, molecular and optical tools, satellite im13 agery, and coastal and ocean observing systems, that 

14 provide data for forecast models, improve the moni15 toring and prediction of these events, and provide es16 sential decision making tools for managers and 

17 stakeholders.’’. 

18 SEC. 4. PURPOSE. 

19 The Act is amended by inserting after section 602 

20 the following: 

21 ‘‘SEC. 602A. PURPOSES. 

22 ‘‘The purposes of this Act are— 

23 ‘‘(1) to provide for the development and coordi24 nation of a comprehensive and integrated national 

25 program to address harmful algal blooms, hypoxia, 


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1 and nuisance algae through baseline research, moni2 toring, prevention, mitigation, and control; 

3 ‘‘(2) to provide for the assessment and consid4 eration of regional and national ecosystem, socio-eco5 nomic, and human health impacts of harmful and 

6 nuisance algal blooms and hypoxia, and integration 

7 of that assessment into marine and freshwater re8 source decisions; and 

9 ‘‘(3) to facilitate regional, State, and local ef10 forts to develop and implement appropriate harmful 

11 algal bloom and hypoxia event response plans, strat12 egies, and tools including outreach programs and in13 formation dissemination mechanisms.’’. 

14 SEC. 5. INTERAGENCY TASK FORCE ON HARMFUL ALGAL 

15 BLOOMS AND HYPOXIA. 

16 (a) FEDERAL REPRESENTATIVES.—Section 603(a) is 

17 amended— 

18 (1) by striking ‘‘The Task Force shall consist 

19 of the following representatives from—’’ and insert20 ing ‘‘The Task Force shall consist of representatives 

21 of the Office of the Secretary from each of the fol22 lowing departments and of the office of the head of 

23 each of the following Federal agencies:’’; 

24 (2) by striking ‘‘the’’ in paragraphs (1) through 

25 (11) and inserting ‘‘The’’; 


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1 (3) by striking the semicolon in paragraphs (1) 

2 through (10) and inserting a period. 

3 (4) by striking ‘‘Quality; and’’ in paragraph 

4 (11) and inserting ‘‘Quality.’’; and 

5 (5) by striking ‘‘such other’’ in paragraph (12) 

6 and inserting ‘‘Other’’. 

7 (b) STATE REPRESENTATIVES.—Section 603 is 

8 amended— 

9 (1) by redesignating subsections (b) through (i) 

10 as subsections (c) through (j), respectively; 

11 (2) by inserting after subsection (a) the fol12 lowing: 

13 ‘‘(b) STATE REPRESENTATIVES.—The Secretary 

14 shall establish criteria for determining appropriate States 

15 to serve on the Task Force and establish and implement 

16 a nominations process to select representatives from 2 ap17 propriate States in different regions, on a rotating basis, 

18 to serve 2-year terms on the Task Force.’’; 

19 (3) in subsection (h), as redesignated— 

20 (A) by striking ‘‘Not less than once every 

21 5 years the’’ in paragraph (1) and inserting 

22 ‘‘The’’; 

23 (B) by striking ‘‘The first such’’ in para24 graph (1) and inserting ‘‘The’’; 


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1 (C) by striking ‘‘assessments’’ in para2 graph (2) and inserting ‘‘assessment’’; and 

3 (4) in subsection (i), as redesignated— 

4 (A) by striking ‘‘Not less than once every 

5 5 years the’’ in paragraph (1) and inserting 

6 ‘‘The’’; 

7 (B) by striking ‘‘The first such’’ in para8 graph (1) and inserting ‘‘The’’; 

9 (C) by striking ‘‘All subsequent assess10 ments’’ in paragraph (1) and inserting ‘‘The as11 sessment’’; and 

12 (D) by striking ‘‘assessments’’ in para13 graph (2) and inserting ‘‘assessment’’. 

14 SEC. 6. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA 

15 PROGRAM. 

16 The Act is amended by inserting after section 603 

17 the following: 

18 ‘‘SEC. 603A. NATIONAL HARMFUL ALGAL BLOOM AND HY19 POXIA PROGRAM. 

20 ‘‘(a) ESTABLISHMENT.—The President, acting 

21 through the Task Force, shall establish and maintain a 

22 national program for integrating efforts to address harm23 ful algal bloom and hypoxia research, monitoring, pre24 diction, control, mitigation, prevention, and outreach. 


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1 ‘‘(b) TASK FORCE FUNCTIONS.—The Task Force 

2 shall be the oversight body for the development and imple3 mentation of the national harmful algal bloom and hypoxia 

4 program and shall— 

5 ‘‘(1) coordinate interagency review of plans and 

6 policies of the Program; 

7 ‘‘(2) promote and review interagency work and 

8 spending plans for implementing the activities of the 

9 Program; 

10 ‘‘(3) review the Program’s distribution of Fed11 eral grants and funding to address research prior12 ities; 

13 ‘‘(4) support implementation of the actions and 

14 strategies identified in the regional research and ac15 tion plans under subsection (d); 

16 ‘‘(5) support the development of institutional 

17 mechanisms and financial instruments to further the 

18 goals of the program; 

19 ‘‘(6) expedite the interagency review process 

20 and ensure timely review and dispersal of required 

21 reports and assessments under this Act; and 

22 ‘‘(7) promote the development of new tech23 nologies for predicting, monitoring, and mitigating 

24 harmful algal blooms and hypoxia conditions. 


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1 ‘‘(c) LEAD FEDERAL AGENCY.—NOAA shall be the 

2 lead Federal agency for implementing and administering 

3 the National Harmful Algal Bloom and Hypoxia Program. 

4 ‘‘(d) RESPONSIBILITIES.—The Program shall— 

5 ‘‘(1) promote a national strategy to help com6 munities understand, detect, predict, control, and 

7 mitigate freshwater and marine harmful algal bloom 

8 and hypoxia events; 

9 ‘‘(2) plan, coordinate, and implement the Na10 tional Harmful Algal Bloom and Hypoxia Program; 

11 and 

12 ‘‘(3) report to the Task Force via the Adminis13 trator. 

14 ‘‘(e) DUTIES.— 

15 ‘‘(1) ADMINISTRATIVE DUTIES.—The Program 

16 shall— 

17 ‘‘(A) prepare interagency work and spend18 ing plans for implementing the activities of the 

19 Program and developing and implementing the 

20 Regional Research and Action Plans; 

21 ‘‘(B) administer merit-based, competitive 

22 grant funding to support the projects main23 tained and established by the Program, and to 

24 address the research and management needs 


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1 and priorities identified in the Regional Re2 search and Action Plans; 

3 ‘‘(C) coordinate NOAA programs that ad4 dress harmful algal blooms and hypoxia and 

5 other ocean and Great Lakes science and man6 agement programs and centers that address the 

7 chemical, biological, and physical components of 

8 harmful algal blooms and hypoxia; 

9 ‘‘(D) coordinate and work cooperatively 

10 with other Federal, State, and local government 

11 agencies and programs that address harmful 

12 algal blooms and hypoxia; 

13 ‘‘(E) coordinate with the State Department 

14 to support international efforts on harmful 

15 algal bloom and hypoxia information sharing, 

16 research, mitigation, and control.’’. 

17 ‘‘(F) coordinate an outreach, education, 

18 and training program that integrates and aug19 ments existing programs to improve public edu20 cation about and awareness of the causes, im21 pacts, and mitigation efforts for harmful algal 

22 blooms and hypoxia; 

23 ‘‘(G) facilitate and provide resources for 

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1 nologies for monitoring, controlling, and miti2 gating harmful algal blooms and hypoxia; 

3 ‘‘(H) support regional efforts to control 

4 and mitigate outbreaks through— 

5 ‘‘(i) communication of the contents of 

6 the Regional Research and Action Plans 

7 and maintenance of online data portals for 

8 other information about harmful algal 

9 blooms and hypoxia to State and local 

10 stakeholders within the region for which 

11 each plan is developed; and 

12 ‘‘(ii) overseeing the development, re13 view, and periodic updating of Regional 

14 Research and Action Plans established 

15 under section 602C(b); 

16 ‘‘(I) convene an annual meeting of the 

17 Task Force; and 

18 ‘‘(J) perform such other tasks as may be 

19 delegated by the Task Force. 

20 ‘‘(2) PROGRAM DUTIES.—The Program shall— 

21 ‘‘(A) maintain and enhance— 

22 ‘‘(i) the Ecology and Oceanography of 

23 Harmful Algal Blooms Program; 


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1 ‘‘(ii) the Monitoring and Event Re2 sponse for Harmful Algal Blooms Pro3 gram; 

4 ‘‘(iii) the Northern Gulf of Mexico 

5 Ecosystems and Hypoxia Assessment Pro6 gram; 

7 ‘‘(iv) the Coastal Hypoxia Research 

8 Program; and 

9 ‘‘(v) other relevant NOAA programs; 

10 ‘‘(B) establish— 

11 ‘‘(i) a Mitigation and Control of 

12 Harmful Algal Blooms Program— 

13 ‘‘(I) to develop and promote 

14 strategies for the prevention, mitiga15 tion, and control of harmful algal 

16 blooms; 

17 ‘‘(II) to fund research that may 

18 facilitate the prevention, mitigation, 

19 and control of harmful algal blooms; 

20 and 

21 ‘‘(III) to develop and dem22 onstrate technology that may mitigate 

23 and control harmful algal blooms; and 

24 ‘‘(ii) other programs as necessary; and 


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1 ‘‘(C) work cooperatively with other offices, 

2 centers, and programs within NOAA and other 

3 agencies represented on the Task Force, States, 

4 and nongovernmental organizations concerned 

5 with marine and aquatic issues to manage data, 

6 products, and infractructure, including— 

7 ‘‘(i) compiling, managing, and 

8 archiving data from relevant programs in 

9 Task Force member agencies; 

10 ‘‘(ii) creating data portals for general 

11 education and data dissemination on cen12 tralized, publicly available databases; and 

13 ‘‘(iii) establishing communication 

14 routes for data, predictions, and manage15 ment tools both to and from the regions, 

16 states, and local communities.’’. 

17 SEC. 7. REGIONAL RESEARCH AND ACTION PLANS. 

18 The Act, as amended by section 6, is amended by in19 serting after section 602A the following: 

20 ‘‘SEC. 602B. REGIONAL RESEARCH AND ACTION PLANS. 

21 ‘‘(a) IN GENERAL.—The Program shall— 

22 ‘‘(1) oversee the development and implementa23 tion of Regional Research and Action Plans; and 


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1 ‘‘(2) identify appropriate regions and sub-re2 gions to be addressed by each Regional Research 

3 and Action Plan. 

4 ‘‘(b) REGIONAL PANELS OF EXPERTS.—As soon as 

5 practicable after the date of enactment of the Harmful 

6 Algal Blooms and Hypoxia Amendments Act of 2008, and 

7 every 5 years thereafter, the Program shall convene a 

8 panel of experts for each region identified under sub9 section (a)(2) from among— 

10 ‘‘(1) State coastal management and planning 

11 officials; 

12 ‘‘(2) water management and watershed officials 

13 from both coastal states and noncoastal states with 

14 water sources that drain into water bodies affected 

15 by harmful algal blooms and hypoxia; 

16 ‘‘(3) public health officials; 

17 ‘‘(4) emergency management officials; 

18 ‘‘(5) nongovernmental organizations concerned 

19 with marine and aquatic issues; 

20 ‘‘(6) science and technology development insti21 tutions; 

22 ‘‘(7) economists; 

23 ‘‘(8) industries and businesses affected by 

24 coastal and freshwater harmful algal blooms and hy25 poxia; 


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1 ‘‘(9) scientists, with expertise concerning harm2 ful algal blooms or hypoxia, from academic or re3 search institutions; and 

4 ‘‘(10) other stakeholders as appropriate. 

5 ‘‘(c) PLAN DEVELOPMENT.—Each regional panel of 

6 experts shall develop a Regional Research and Action Plan 

7 for its respective region and submit it to the Program for 

8 approval and to the Task Force. The Plan shall identify 

9 appropriate elements for the region, including— 

10 ‘‘(1) baseline ecological, social, and economic re11 search needed to understand the biological, physical, 

12 and chemical conditions that cause, exacerbate, and 

13 result from harmful algal blooms and hypoxia; 

14 ‘‘(2) regional priorities for ecological and socio15 economic research on issues related to, and impacts 

16 of, harmful algal blooms and hypoxia; 

17 ‘‘(3) research needed to develop and advance 

18 technologies for improving capabilities to predict, 

19 monitor, prevent, control, and mitigate harmful algal 

20 blooms and hypoxia; 

21 ‘‘(4) State and local government actions that 

22 may be implemented— 

23 ‘‘(A) to support long-term monitoring ef24 forts and emergency monitoring as needed; 


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1 ‘‘(B) to minimize the occurrence of harm2 ful algal blooms and hypoxia; 

3 ‘‘(C) to reduce the duration and intensity 

4 of harmful algal blooms and hypoxia in times of 

5 emergency; 

6 ‘‘(D) to address human health dimensions 

7 of harmful algal blooms and hypoxia; and 

8 ‘‘(E) to identify and protect vulnerable eco9 systems that could be, or have been, affected by 

10 harmful algal blooms and hypoxia; 

11 ‘‘(5) mechanisms by which data and products 

12 are transferred between the Program and State and 

13 local governments and research entities; 

14 ‘‘(6) communication, outreach and information 

15 dissemination efforts that State and local govern16 ments and nongovernmental organizations can un17 dertake to educate and inform the public concerning 

18 harmful algal blooms and hypoxia and alternative 

19 coastal resource-utilization opportunities that are 

20 available; and 

21 ‘‘(7) pilot projects, if appropriate, that may be 

22 implemented on local, State, and regional scales to 

23 address the research priorities and response actions 

24 identified in the Plan. 


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1 ‘‘(d) PLAN TIMELINES; UPDATES.—The Program 

2 shall ensure that— 

3 ‘‘(1) not less than 50 percent of the Regional 

4 Research and Action Plans developed under this sec5 tion are completed and approved by the Program 

6 within 12 months after the date of enactment of the 

7 Harmful Algal Blooms and Hypoxia Amendments 

8 Act of 2008; 

9 ‘‘(2) the remaining Regional Research and Ac10 tion Plans are completed and approved by the Pro11 gram within 24 months after such date of enact12 ment; and 

13 ‘‘(3) each Regional Research and Action Plan is 

14 updated no less frequently than once every 5 years. 

15 ‘‘(e) FUNDING.— 

16 ‘‘(1) IN GENERAL.—Subject to available appro17 priations, the Program shall make funding available 

18 to eligible organizations to implement the research, 

19 monitoring, forecasting, modeling, and response ac20 tions included under each approved Regional Re21 search and Action Plan. The Program shall select 

22 recipients through a merit-based, competitive process 

23 and seek to fund research proposals that most effec24 tively align with the research priorities identified in 

25 the relevant Regional Research and Action Plan. 


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1 ‘‘(2) APPLICATION; ASSURANCES.—Any organi2 zation seeking funding under this subsection shall 

3 submit an application to the Program at such time, 

4 in such form and manner, and containing such in5 formation and assurances as the Program may re6 quire. The Program shall require any organization 

7 receiving funds under this subsection to utilize the 

8 mechanisms described in subsection (c)(5) to ensure 

9 the transfer of data and products developed under 

10 the Plan. 

11 ‘‘(3) ELIGIBLE ORGANIZATION.—In this sub12 section, the term ‘eligible organization’ means— 

13 ‘‘(A) a nongovernmental researcher or or14 ganization; or 

15 ‘‘(B) any other entity that applies for 

16 funding to implement the State, local, and non17 governmental control, mitigation, and preven18 tion strategies identified in the relevant Re19 gional Research and Action Plan. 

20 ‘‘(f) EMERGENCY REVIEWS.—If the Program deter21 mines that an intermediate review is necessary to address 

22 emergent needs in harmful algal blooms and hypoxia 

23 under a Regional Research and Action Plan, it shall notify 

24 the Task Force and reconvene the relevant regional panel 

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1 search and Action Plan so as to address the emergent 

2 threat or need.’’. 

3 SEC. 8. REPORTING. 

4 Section 603, as amended by section 5, is amended 

5 by adding at the end thereof the following: 

6 ‘‘(k) BIANNUAL REPORTS.—The Program shall pre7 pare biannual reports for the Senate Committee on Com8 merce, Science, and Transportation and the House of Rep9 resentatives Committees on Science and Technology and 

10 on Natural Resources that describe— 

11 ‘‘(1) activities, budgets, and progress on imple12 menting the national harmful algal bloom and hy13 poxia program; 

14 ‘‘(2) the proceedings of the annual Task Force 

15 meeting; and 

16 ‘‘(3) the status, activities, and funding for im17 plementation of the Regional Research and Action 

18 Plans, including a description of research funded 

19 under the program and actions and outcomes of 

20 Plan response strategies carried out by States. 

21 ‘‘(l) QUINQUENNIAL REPORTS.— 

22 ‘‘(1) HARMFUL ALGAL BLOOM AND HYPOXIA

23 ASSESSMENTS.—Not less than once every 5 years 

24 after the date of enactment of the Harmful Algal 

25 Blooms and Hypoxia Amendments Act of 2008, the 


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1 Task Force shall prepare a report to the Senate 

2 Committee on Commerce, Science, and Transpor3 tation and the House of Representatives Committees 

4 on Science and Technology and on Natural Re5 sources that— 

6 ‘‘(A) describes the state of knowledge on 

7 harmful algal blooms and hypoxia in marine 

8 and freshwater systems, including the causes 

9 and ecological consequences; 

10 ‘‘(B) describes the social and economic im11 pacts of harmful algal blooms and hypoxia and 

12 strategies for their minimization and mitiga13 tion; 

14 ‘‘(C) describes the human health impacts 

15 of harmful algal blooms and hypoxia, including 

16 any gaps in existing research; 

17 ‘‘(D) describes progress on developing 

18 technologies and advancing capabilities for 

19 monitoring, forecasting, modeling, control, miti20 gation, and prevention of harmful algal blooms 

21 and hypoxia and implementation of strategies 

22 for achieving these goals; 

23 ‘‘(E) describes progress on, and techniques 

24 for, integrating landscape- and watershed-level 

25 water quality information into marine and 


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1 freshwater harmful algal bloom and hypoxia 

2 prevention and mitigation strategies, including 

3 projects at the Federal and regional levels; 

4 ‘‘(F) describes communication, outreach, 

5 and education efforts to raise public awareness 

6 of harmful algal blooms and hypoxia, their im7 pacts, and the methods for mitigation and pre8 vention; 

9 ‘‘(G) includes recommendations for inte10 grating and improving future national, regional, 

11 State, and local policies and strategies for pre12 venting and mitigating the occurrence and im13 pacts of harmful algal blooms and hypoxia; and 

14 ‘‘(H) describes impacts of harmful algal 

15 blooms and hypoxia on coastal communities and 

16 a review of those communities’ efforts and asso17 ciated economic costs related to event fore18 casting, planning, mitigation, response, and 

19 public outreach and education. 

20 ‘‘(2) PUBLIC COMMENT.—At least 90 days be21 fore submitting the report to Congress, the Sec22 retary shall publish the draft report in the Federal 

23 Register for a comment period of not less than 60 

24 days.’’. 


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1 SEC. 9. PILOT PROGRAM FOR FRESHWATER HARMFUL 

2 ALGAL BLOOMS AND HYPOXIA. 

3 The Act, as amended by section 7, is amended by in4 serting after section 603B the following: 

5 ‘‘SEC. 603C. PILOT PROGRAM FOR FRESHWATER HARMFUL 

6 ALGAL BLOOMS AND HYPOXIA. 

7 ‘‘(a) PILOT PROGRAM.—The Secretary shall establish 

8 a collaborative pilot program with the Environmental Pro9 tection Agency and other appropriate Federal agencies to 

10 examine harmful algal blooms and hypoxia occurring in 

11 freshwater systems. The pilot program shall— 

12 ‘‘(1) be established in the Mississippi River 

13 Basin watershed; 

14 ‘‘(2) assess the issues associated with, and im15 pacts of, harful algal blooms and hypoxia in fresh16 water ecosystems; 

17 ‘‘(3) research the efficacy of mitigation meas18 ures, including measures to reduce nutrient loading; 

19 and 

20 ‘‘(4) recommend potential management solu21 tions. 

22 ‘‘(b) REPORT.—The Secretary of Commerce, in con23 sultation with other participating Federal agencies, shall 

24 conduct an assessment of the effectiveness of the pilot pro25 gram in improving freshwater habitat quality and publish 


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1 a report, available to the public, of the results of the as2 sessment.’’. 

3 SEC. 10. INTERAGENCY FINANCING. 

4 The Act is amended by inserting after section 604 

5 the following: 

6 ‘‘SEC. 604A. INTERAGENCY FINANCING. 

7 ‘‘The departments and agencies represented on the 

8 Task Force are authorized to participate in interagency 

9 financing and share, transfer, receive, obligate, and ex10 pend funds appropriated to any member of the Task Force 

11 for the purposes of carrying out any administrative or pro12 grammatic project or activity under this Act, including 

13 support for the Program, a common infrastructure, infor14 mation sharing, and system integration for harmful algal 

15 bloom and hypoxia research, monitoring, forecasting, pre16 vention, and control. Funds may be transferred among 

17 such departments and agencies through an appropriate in18 strument that specifies the goods, services, or space being 

19 acquired from another Task Force member and the costs 

20 of the same.’’. 

21 SEC. 11. APPLICATION WITH OTHER LAWS. 

22 The Act is amended by inserting after section 606 

23 the following: 


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1 ‘‘SEC. 607. EFFECT ON OTHER FEDERAL AUTHORITY. 

2 ‘‘Nothing in this title supersedes or limits the author3 ity of any agency to carry out its responsibilities and mis4 sions under other laws.’’. 

5 SEC. 12. DEFINITIONS. 

6 (a) IN GENERAL.—The Act is amended by inserting 

7 after section 605 the following: 

8 ‘‘SEC. 605A. DEFINITIONS. 

9 ‘‘In this Act: 

10 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis11 trator’ means the Administrator of the NOAA. 

12 ‘‘(2) HARMFUL ALGAL BLOOM.—The term 

13 ‘harmful algal bloom’ means marine and freshwater 

14 phytoplankton that proliferate to high concentra15 tions, resulting in nuisance conditions or harmful 

16 impacts on marine and aquatic ecosystems, coastal 

17 communities, and human health through the produc18 tion of toxic compounds or other biological, chemical, 

19 and physical impacts of the algae outbreak. 

20 ‘‘(3) HYPOXIA.—The term ‘hypoxia’ means a 

21 condition where low dissolved oxygen in aquatic sys22 tems causes stress or death to resident organisms. 

23 ‘‘(4) NOAA.—The term ‘NOAA’ means the Na24 tional Oceanic and Atmospheric Administration. 


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1 ‘‘(5) PROGRAM.—The term ‘Program’ means 

2 the Integrated Harmful Algal Bloom and Hypoxia 

3 Program established under section 602B. 

4 ‘‘(6) REGIONAL RESEARCH AND ACTION

5 PLAN.—The term ‘Regional Research and Action 

6 Plan’ means a plan established under section 602B. 

7 ‘‘(7) SECRETARY.—The term ‘Secretary’ means 

8 the Secretary of Commerce, acting through 

9 NOAA.’’. 

10 ‘‘(8) TASK FORCE.—The term ‘Task Force’ 

11 means the Interagency Task Force established by 

12 section 603(a). 

13 ‘‘(9) UNITED STATES COASTAL WATERS.—The 

14 term ‘United States coastal waters’ includes the 

15 Great Lakes.’’. 

16 (b) CONFORMING AMENDMENT.—Section 603(a) is 

17 amended by striking ‘‘Hypoxia (hereinafter referred to as 

18 the ‘Task force’).’’ and inserting ‘‘Hypoxia.’’. 

19 SEC. 13. AUTHORIZATION OF APPROPRIATIONS. 

20 Section 605 is amended to read as follows:— 

21 ‘‘SEC. 605. AUTHORIZATION OF APPROPRIATIONS. 

22 ‘‘(a) IN GENERAL.—There are authorized to be ap23 propriated to NOAA to implement the Program under this 

24 title— 


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•S 3191 IS 

1 ‘‘(1) $30,000,000 for each of fiscal years 2009 

2 and 2010; and 

3 ‘‘(2) $70,000,000 for each of fiscal years 2011, 

4 2012, and 2013. The Secretary shall ensure that a 

5 substantial portion of funds appropriated pursuant 

6 to this subsection that are used for research pur7 poses are allocated to extramural research activities. 

8 ‘‘(b) REGIONAL RESEARCH AND ACTION PLANS.—In 

9 addition to any amounts appropriated pursuant to sub10 section (a), there are authorized to be appropriated to 

11 NOAA to develop and revise the Regional Research and 

12 Action Plans, $40,000,000 for each of fiscal years 2009 

13 and 2010, such sums to remain available until expended. 

14 ‘‘(c) PILOT PROGRAM.—In addition to any amounts 

15 appropriated pursuant to subsection (a), there are author16 ized to be appropriated to NOAA such sums as may be 

17 necessary to carry out the pilot program established under 

18 section 603C.’’. 

Æ 


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