II 

Calendar No. 249

108TH CONGRESS 

1ST SESSION S. 247

[Report No. 108–125] 

To reauthorize the Harmful Algal Bloom and Hypoxia Research and Control 

Act of 1998, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 29, 2003

Ms. SNOWE (for herself, Mr. BREAUX, Mr. LEVIN, Mr. DEWINE, and Mr. 

VOINOVICH) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

AUGUST 26, 2003

Reported under authority of the order of the Senate of July 29 (legislative 

day, July 21), 2003, by Mr. MCCAIN with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL

To reauthorize the Harmful Algal Bloom and Hypoxia 

Research and Control Act of 1998, 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 Amendments Act of 2003’’. 
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1 SEC. 2. RETENTION OF TASK FORCE. 

2 Section 603 of the Harmful Algal Bloom and Hy3 poxia Research and Control Act of 1998 (16 U.S.C. 1451 

4 nt) is amended by striking subsection (e). 

5 SEC. 3. PREDICTION AND RESPONSE PLAN. 

6 Section 603 of such Act, as amended by section 2, 

7 is further amended by adding at the end the following: 

8 ‘‘(e) PREDICTION AND RESPONSE PLAN.— 

9 ‘‘(1) DEVELOPMENT OF PLAN.—Not later then 

10 12 months after the date of enactment of the Harm11 ful Algal Bloom and Hypoxia Amendments Act of 

12 2003, the President, in conjunction with the chief 

13 executive officers of the States, shall develop and 

14 submit to the Congress a plan to protect environ15 mental and public health from impacts of harmful 

16 algal blooms. In developing the plan, the President 

17 shall consult with the Task Force, the coastal 

18 States, Indian tribes, local governments, industry, 

19 academic institutions, and non-governmental organi20 zations with expertise in coastal zone management. 

21 ‘‘(2) PLAN REQUIREMENTS.—The plan shall— 

22 ‘‘(A) review techniques for prediction of 

23 the onset, course, and impacts of harmful algal 

24 blooms including evaluation of their accuracy 

25 and utility in protecting environmental and 

26 public health and provisions for implementation; 
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1 ‘‘(B) identify innovative response measures 

2 for the prevention, control, and mitigation of 

3 harmful algal blooms and provisions for their 

4 development and implementation; and 

5 ‘‘(C) include incentive-based partnership 

6 approaches where practicable. 

7 ‘‘(3) PUBLICATION AND OPPORTUNITY FOR

8 COMMENT.—At least 90 days before submitting the 

9 plan to the Congress, the President shall cause a 

10 summary of the proposed plan to be published in the 

11 Federal Register for a public comment period of not 

12 less than 60 days. 

13 ‘‘(4) FEDERAL ASSISTANCE.—The Secretary of 

14 Commerce, in coordination with the Task Force and 

15 to the extent of funds available, shall provide for 

16 Federal cooperation with and assistance to the 

17 coastal States, Indian tribes, and local governments 

18 in implementing measures in paragraph (2), as re19 quested.’’. 

20 SEC. 4. LOCAL AND REGIONAL ASSESSMENTS. 

21 Section 603 of such Act, as amended by section 3, 

22 is further amended by adding at the end the following: 

23 ‘‘(f) LOCAL AND REGIONAL ASSESSMENTS.— 

24 ‘‘(1) IN GENERAL.—The Secretary of Com25 merce, in coordination with the Task Force and to 
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1 the extent of funds available, shall provide for local 

2 and regional assessments of hypoxia and harmful 

3 algal blooms, as requested by coastal States, Indian 

4 tribes, and local governments. 

5 ‘‘(2) PURPOSE.—Local and regional assess6 ments may examine— 

7 ‘‘(A) the causes of hypoxia or harmful 

8 algal blooms in that area; 

9 ‘‘(B) the ecological and economic impacts 

10 of hypoxia or harmful algal blooms; 

11 ‘‘(C) alternatives to reduce, mitigate, and 

12 control hypoxia and harmful algal blooms; and 

13 ‘‘(D) the social and economic benefits of 

14 such alternatives.’’. 

15 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

16 Section 605 of such Act is amended—

17 (1) by striking ‘‘and’’ after ‘‘2000,’’ in the first 

18 sentence and in the paragraphs (1), (2), (3), and 

19 (5); 

20 (2) by inserting ‘‘$26,000,000 for fiscal year 

21 2004, $26,500,000 for fiscal year 2005, and 

22 $27,000,000 for fiscal year 2007’’ after ‘‘2001,’’ in 

23 the first sentence; 
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1 (3) by inserting ‘‘and $2,500,000 for each of 

2 fiscal years 2004, 2005, and 2006’’ after ‘‘2001’’ in 

3 paragraph (1); 

4 (4) by inserting ‘‘and $5,500,000 for each of 

5 fiscal years 2004, 2005, and 2006’’ after ‘‘2001’’ in 

6 paragraph (2); 

7 (5) by striking ‘‘2001’’ in paragraph (3) and in8 serting ‘‘2001, $2,000,000 for fiscal year 2004, 

9 $3,000,000 for fiscal year 2005, and $3,000,000 for 

10 fiscal year 2006’’; 

11 (6) by striking ‘‘blooms;’’ in paragraph (3) and 

12 inserting ‘‘blooms and to implement section 

13 603(e);’’; 

14 (7) by striking ‘‘2001’’ in paragraph (4) and in15 serting ‘‘2001, and $6,000,000 for each of fiscal 

16 years 2004, 2005, and 2006,’’; 

17 (8) by striking ‘‘and’’ after the semicolon in 

18 paragraph (4); 

19 (9) by striking ‘‘2001’’ in paragraph (5) and in20 serting ‘‘2001, $5,000,000 for fiscal year 2004, 

21 $5,500,000 for fiscal year 2005, and $6,600,000 for 

22 fiscal year 2006’’; 

23 (10) by striking ‘‘Administration.’’ in para24 graph (5) and inserting ‘‘Administration; and’’; and 

25 (11) by adding at the end the following: 
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1 ‘‘(6) $3,000,000 for each of fiscal years 2004, 

2 2005, and 2006 to carry out section 603(f).’’.

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Harmful Algal Bloom 

5 and Hypoxia Amendments Act of 2003’’. 

6 SEC. 2. RETENTION OF TASK FORCE. 

7 Section 603 of the Harmful Algal Bloom and Hypoxia 

8 Research and Control Act of 1998 (16 U.S.C. 1451 nt) is 

9 amended by striking subsection (e). 

10 SEC. 3. PREDICTION AND RESPONSE PLAN. 

11 Section 603 of such Act, as amended by section 2, is 

12 further amended by adding at the end the following: 

13 ‘‘(e) PREDICTION AND RESPONSE PLAN.—

14 ‘‘(1) DEVELOPMENT OF PLAN.—Not later then 12 

15 months after the date of enactment of the Harmful 

16 Algal Bloom and Hypoxia Amendments Act of 2003, 

17 the President, in consultation with the chief executive 

18 officers of the States, shall develop and submit to the 

19 Congress a plan to protect environmental and public 

20 health from impacts of harmful algal blooms. In de21 veloping the plan, the President shall consult with the 

22 Task Force, the coastal States, Indian tribes, local 

23 governments, industry, academic institutions, and 

24 non-governmental organizations with expertise in 

25 coastal zone science and management.
7

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1 ‘‘(2) PLAN REQUIREMENTS.—The plan shall—

2 ‘‘(A) review techniques for prediction of the 

3 onset, course, and impacts of harmful algal 

4 blooms including evaluation of their accuracy 

5 and utility in protecting environmental and 

6 public health and provisions for implementation; 

7 ‘‘(B) identify innovative response measures 

8 for the prevention, control, and mitigation of 

9 harmful algal blooms and provisions for their de10 velopment and implementation; and 

11 ‘‘(C) include incentive-based partnership 

12 approaches where practicable. 

13 ‘‘(3) PUBLICATION AND OPPORTUNITY FOR COM14 MENT.—At least 90 days before submitting the plan 

15 to the Congress, the President shall cause a summary 

16 of the proposed plan to be published in the Federal 

17 Register for a public comment period of not less than 

18 60 days. 

19 ‘‘(4) FEDERAL ASSISTANCE.—The Secretary of 

20 Commerce, in coordination with the Task Force and 

21 to the extent of funds available, shall provide for Fed22 eral cooperation with and assistance to the coastal 

23 States, Indian tribes, and local governments in imple24 menting measures in paragraph (2), as requested.’’. 
8

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1 SEC. 4. LOCAL AND REGIONAL ASSESSMENTS. 

2 Section 603 of such Act, as amended by section 3, is 

3 further amended by adding at the end the following: 

4 ‘‘(f) LOCAL AND REGIONAL ASSESSMENTS.—

5 ‘‘(1) IN GENERAL.—The Secretary of Commerce, 

6 in coordination with the Task Force and to the extent 

7 of funds available, shall provide for local and regional 

8 assessments of hypoxia and harmful algal blooms, as 

9 requested by coastal States, Indian tribes, and local 

10 governments. 

11 ‘‘(2) PURPOSE.—Local and regional assessments 

12 may examine—

13 ‘‘(A) the causes of hypoxia or harmful algal 

14 blooms in that area; 

15 ‘‘(B) the ecological and economic impacts of 

16 hypoxia or harmful algal blooms; 

17 ‘‘(C) alternatives to reduce, mitigate, and 

18 control hypoxia and harmful algal blooms; and 

19 ‘‘(D) the social and economic costs and ben20 efits of such alternatives.’. 

21 ‘‘(g) SCIENTIFIC ASSESSMENT OF GREAT LAKES

22 HARMFUL ALGAL BLOOMS.—

23 ‘‘(1) Not later than 24 months after the date of 

24 enactment of the Harmful Algal Bloom and Hypoxia 

25 Research Amendments Act of 2003 the Task Force 

26 shall complete and submit to Congress a scientific as-
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1 sessment of current knowledge about harmful algal 

2 blooms in the Great Lakes, including a research plan 

3 for coordinating Federal efforts to better understand 

4 Great Lakes harmful algal blooms. 

5 ‘‘(2) The Great Lakes harmful algal bloom sci6 entific assessment shall—

7 ‘‘(A) examine the causes and ecological con8 sequences, and the economic costs, of harmful 

9 algal blooms with significant effects on Great 

10 Lakes locations, including estimations of the fre11 quency and occurrence of significant events; 

12 ‘‘(B) establish priorities and guidelines for 

13 a competitive, peer-reviewed, merit-based inter14 agency research program, as part of the Ecology 

15 and Oceanography of Harmful Algal Blooms 

16 (ECOHAB) project, to better understand the 

17 causes, characteristics, and impacts of harmful 

18 algal blooms in Great Lakes locations; and 

19 ‘‘(C) identify ways to improve coordination 

20 and to prevent unnecessary duplication of effort 

21 among Federal agencies and departments with 

22 respect to research on harmful algal blooms in 

23 Great Lakes locations. 

24 ‘‘(h) SCIENTIFIC ASSESSMENTS OF HYPOXIA.—
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1 ‘‘(1) Not less than once every 5 years the Task 

2 Force shall complete and submit to the Congress a sci3 entific assessment of hypoxia in United States coastal 

4 waters including the Great Lakes. The first such as5 sessment shall be completed not less than 24 months 

6 after the date of enactment of the Harmful Algal 

7 Bloom and Hypoxia Research Amendments Act of 

8 2003. 

9 ‘‘(2) The assessments under this subsection 

10 shall—

11 ‘‘(A) examine the causes and ecological con12 sequences, and the economic costs, of hypoxia; 

13 ‘‘(B) describe the potential ecological and 

14 economic costs and benefits of possible policy and 

15 management actions for preventing, controlling, 

16 and mitigating hypoxia; 

17 ‘‘(C) evaluate progress made by, and the 

18 needs of, Federal research programs on the 

19 causes, characteristics, and impacts of hypoxia, 

20 including recommendations of how to eliminate 

21 significant gaps in hypoxia modeling and moni22 toring data; and 

23 ‘‘(D) identify ways to improve coordination 

24 and to prevent unnecessary duplication of effort 
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1 among Federal agencies and departments with 

2 respect to research on hypoxia.’’. 

3 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

4 Section 605 of such Act is amended—

5 (1) by striking ‘‘and’’ after ‘‘2000,’’ in the first 

6 sentence and in the paragraphs (1), (2), (3), and (5); 

7 (2) by inserting ‘‘$26,000,000 for fiscal year 

8 2004, $26,500,000 for fiscal year 2005, $27,000,000 

9 for fiscal year 2006, $27,500,000 for fiscal year 2007, 

10 and $28,000,000 for fiscal year 2008’’ after ‘‘2001,’’ 

11 in the first sentence; 

12 (3) by inserting ‘‘and $2,500,000 for each of fis13 cal years 2004 through 2008’’ after ‘‘2001’’ in para14 graph (1); 

15 (4) by inserting ‘‘and $8,200,000, of which 

16 $2,000,000 shall be used for the research program de17 scribed in section 603(g)(2)(B), for each of fiscal 

18 years 2004 through 2008’’ after ‘‘2001’’ in paragraph 

19 (2); 

20 (5) by striking ‘‘2001’’ in paragraph (3) and in21 serting ‘‘2001, $2,000,000 for fiscal year 2004, 

22 $3,000,000 for fiscal year 2005, $3,000,000 for fiscal 

23 year 2006, $3,000,000 for fiscal year 2007, and 

24 $3,000,000 for fiscal year 2008’’; 
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1 (6) by striking ‘‘blooms;’’ in paragraph (3) and 

2 inserting ‘‘blooms and to implement section 603(e);’’; 

3 (7) by striking ‘‘2001’’ in paragraph (4) and in4 serting ‘‘2001, and $6,000,000 for each of fiscal years 

5 2004 through 2008’’; 

6 (8) by striking ‘‘and’’ after the semicolon in 

7 paragraph (4); 

8 (9) by striking ‘‘2001’’ in paragraph (5) and in9 serting ‘‘2001, $5,000,000 for fiscal year 2004, 

10 $5,500,000 for fiscal year 2005, $6,600,000 for fiscal 

11 year 2006, $7,100,000 for fiscal year 2007, and 

12 $7,600,000 for fiscal year 2008’’; 

13 (10) by striking ‘‘Administration.’’ in paragraph 

14 (5) and inserting ‘‘Administration; and’’; and 

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

16 ‘‘(6) $3,000,000 for each of fiscal years 2004 

17 through 2008 to carry out section 603(f).’’.

Calendar No. 249

108TH CONGRESS 

1ST SESSION S. 247

[Report No. 108–125] 

A BILL

To reauthorize the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998, and for 

other purposes. 

AUGUST 26, 2003

Reported with an amendment