IB 

Union Calendar No. 271 

112TH CONGRESS 

2D SESSION H. R. 2484 

[Report No. 112–333, Part I] 

To reauthorize the Harmful Algal Bloom and Hypoxia Research and Control 

Act of 1998 to include a comprehensive and integrated strategy to 

address harmful algal blooms and hypoxia, to provide for the development 

and implementation of a comprehensive research plan and action strategy 

to reduce harmful algal blooms and hypoxia, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 11, 2011 

Mr. HARRIS (for himself, Mrs. CHRISTENSEN, Mr. MICHAUD, Mr. GRIJALVA, 

Ms. PINGREE of Maine, and Mr. MACK) 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 

DECEMBER 16, 2011 

Reported from the Committee on Science, Space, and Technology with an 

amendment 

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

DECEMBER 16, 2011 

Referral to the Committee on Natural Resources extended for a period ending 

not later than February 9, 2012 

mstockstill on DSK4VPTVN1PROD with BILLS

2 

•HR 2484 RH

FEBRUARY 9, 2012 

Additional sponsors: Mr. BARTLETT, Ms. CASTOR of Florida, Mr. DEFAZIO, 

and Mr. YOUNG of Florida 

FEBRUARY 9, 2012 

The Committee on Natural Resources discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be 

printed 

[For text of introduced bill, see copy of bill as introduced on July 11, 2011] 

A BILL 

To reauthorize the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 to include a comprehensive and integrated strategy to address harmful algal 

blooms and hypoxia, to provide for the development and 

implementation of a comprehensive research plan and 

action strategy to reduce harmful algal blooms and hypoxia, and for other purposes. 

mstockstill on DSK4VPTVN1PROD with BILLS

3 

•HR 2484 RH

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 2011’’. 

7 SEC. 2. AMENDMENT OF HARMFUL ALGAL BLOOM AND HY8 POXIA RESEARCH AND CONTROL ACT OF 1998. 

9 Except as otherwise expressly provided, whenever in 

10 this Act an amendment or repeal is expressed in terms of 

11 an amendment to, or repeal of, a section or other provision, 

12 the reference shall be considered to be made to a section or 

13 other provision of the Harmful Algal Bloom and Hypoxia 

14 Research and Control Act of 1998 (16 U.S.C. 1451 note). 

15 SEC. 3. DEFINITIONS. 

16 Section 602 is amended to read as follows: 

17 ‘‘SEC. 602. DEFINITIONS. 

18 ‘‘In this title: 

19 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis20 trator’ means the Administrator of the Environ21 mental Protection Agency. 

22 ‘‘(2) NOAA.—The term ‘NOAA’ means the Na23 tional Oceanic and Atmospheric Administration. 

mstockstill on DSK4VPTVN1PROD with BILLS

4 

•HR 2484 RH

1 ‘‘(3) PLAN.—The term ‘Plan’ means the com2 prehensive research plan and action strategy under 

3 section 605. 

4 ‘‘(4) PROGRAM.—The term ‘Program’ means the 

5 National Harmful Algal Bloom and Hypoxia Pro6 gram under section 604(a). 

7 ‘‘(5) STATE.—The term ‘State’ means each of the 

8 several States of the United States, the District of Co9 lumbia, the Commonwealth of Puerto Rico, the 

10 United States Virgin Islands, Guam, American 

11 Samoa, the Commonwealth of the Northern Mariana 

12 Islands, any other territory or possession of the 

13 United States, and any Indian tribe. 

14 ‘‘(6) TASK FORCE.—The term ‘Task Force’ 

15 means the Inter-Agency Task Force on Harmful Algal 

16 Blooms and Hypoxia under section 603(a)(1). 

17 ‘‘(7) UNDER SECRETARY.—The term ‘Under Sec18 retary’ means the Under Secretary of Commerce for 

19 Oceans and Atmosphere.’’. 

20 SEC. 4. INTER-AGENCY TASK FORCE. 

21 Section 603(a) is amended to read as follows: 

22 ‘‘(a) INTER-AGENCY TASK FORCE.— 

23 ‘‘(1) ESTABLISHMENT.—The President, through 

24 the Committee on Environment and Natural Re25 sources of the National Science and Technology Counmstockstill on DSK4VPTVN1PROD with BILLS

5 

•HR 2484 RH

1 cil, shall establish an Inter-Agency Task Force on 

2 Harmful Algal Blooms and Hypoxia. 

3 ‘‘(2) REPRESENTATION.—The Task Force shall 

4 consist of representatives from the following: 

5 ‘‘(A) The Department of Commerce. 

6 ‘‘(B) The Environmental Protection Agency. 

7 ‘‘(C) The Department of Agriculture. 

8 ‘‘(D) The Department of the Interior. 

9 ‘‘(E) The Department of the Navy. 

10 ‘‘(F) The Department of Health and 

11 Human Services. 

12 ‘‘(G) The National Science Foundation. 

13 ‘‘(H) The National Aeronautics and Space 

14 Administration. 

15 ‘‘(I) The Food and Drug Administration. 

16 ‘‘(J) The Office of Science and Technology 

17 Policy. 

18 ‘‘(K) The Council on Environmental Qual19 ity. 

20 ‘‘(L) Such other Federal agencies as the 

21 President considers appropriate. 

22 ‘‘(3) CHAIRPERSON.—The Under Secretary from 

23 the Department of Commerce shall serve as the Chair24 person of the Task Force. 

25 ‘‘(4) REQUIRED MEETINGS.— 

mstockstill on DSK4VPTVN1PROD with BILLS

6 

•HR 2484 RH

1 ‘‘(A) IN GENERAL.—The Task Force shall 

2 meet, or otherwise communicate, to coordinate 

3 activities within each agency represented on the 

4 Task Force in order to fulfill the program re5 quirements in section 604(b). 

6 ‘‘(B) FREQUENCY.—The Task Force shall 

7 meet at least once per year. 

8 ‘‘(5) BUDGET COORDINATION.—The Task Force 

9 shall— 

10 ‘‘(A) coordinate in the development of indi11 vidual agency budgets for the activities described 

12 in section 604 that will ensure an appropriate 

13 balance among the research and action prior14 ities; and 

15 ‘‘(B) submit such budgets to the Director of 

16 the Office of Management and Budget at the 

17 time designated by the Director for agencies to 

18 submit annual budgets.’’. 

19 SEC. 5. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA 

20 PROGRAM. 

21 The Act is amended— 

22 (1) by redesignating sections 605 and 606 as sec23 tions 608 and 609, respectively; 

24 (2) by redesignating section 604 as section 606; 

25 and 

mstockstill on DSK4VPTVN1PROD with BILLS

7 

•HR 2484 RH

1 (3) by inserting after section 603 the following: 

2 ‘‘SEC. 604. NATIONAL HARMFUL ALGAL BLOOM AND HY3 POXIA PROGRAM. 

4 ‘‘(a) IN GENERAL.—Except as provided in subsection 

5 (d), the Under Secretary, through the Task Force, shall 

6 maintain a National Harmful Algal Bloom and Hypoxia 

7 Program in accordance with authorities under section 603 

8 pursuant to this section. 

9 ‘‘(b) DUTIES.—The Under Secretary, through the Pro10 gram, shall coordinate the efforts of the Task Force to— 

11 ‘‘(1) develop and promote a national strategy to 

12 understand, detect, monitor, predict, control, mitigate, 

13 and respond to marine and freshwater harmful algal 

14 bloom and hypoxia events; 

15 ‘‘(2) integrate the research of all Federal pro16 grams, including ocean and Great Lakes science and 

17 management programs and centers, that address the 

18 chemical, biological, and physical components of ma19 rine and freshwater harmful algal blooms and hy20 poxia; 

21 ‘‘(3) assist and coordinate, where appropriate, 

22 with State, tribal, and local government agencies, 

23 programs, and regional efforts that address marine 

24 and freshwater harmful algal blooms and hypoxia, inmstockstill on DSK4VPTVN1PROD with BILLS

8 

•HR 2484 RH

1 cluding the development and implementation of ap2 propriate response plans, strategies, and tools; 

3 ‘‘(4) identify additional research, development, 

4 and demonstration needs and priorities relating to 

5 understanding, detection, monitoring, prediction, pre6 vention, control, mitigation, and response to marine 

7 and freshwater harmful algal blooms and hypoxia; 

8 ‘‘(5) ensure the development and use of methods 

9 and technologies to protect the ecosystems affected by 

10 marine and freshwater harmful algal blooms and hy11 poxia; 

12 ‘‘(6) encourage the appropriate exchange of re13 search information with other countries in order to 

14 better mitigate, control, and respond to marine and 

15 freshwater harmful algal blooms; 

16 ‘‘(7) coordinate existing education programs to 

17 improve public understanding and awareness of the 

18 causes, impacts, and mitigation efforts for marine 

19 and freshwater harmful algal blooms and hypoxia; 

20 ‘‘(8) provide resources to assist in the training of 

21 State, tribal, and local water and coastal resource 

22 managers in the methods and technologies for detect23 ing, monitoring, controlling, mitigating, and respond24 ing to the effects of marine and freshwater harmful 

25 algal bloom and hypoxia events; 

mstockstill on DSK4VPTVN1PROD with BILLS

9 

•HR 2484 RH

1 ‘‘(9) oversee the development, review, and peri2 odic updating of the Plan; 

3 ‘‘(10) administer peer-reviewed, merit-based, 

4 competitive grant funding to support— 

5 ‘‘(A) the projects maintained and estab6 lished by the Program; and 

7 ‘‘(B) the research and management needs 

8 and priorities identified in the Plan; and 

9 ‘‘(11) encourage the development of innovative 

10 concepts for the beneficial utilization of— 

11 ‘‘(A) biomass from harmful algal blooms 

12 that have been removed from the natural system; 

13 and 

14 ‘‘(B) the growth of certain biofuel crops that 

15 reduce runoff that causes harmful algal blooms. 

16 ‘‘(c) COOPERATIVE EFFORTS.—The Under Secretary 

17 shall work cooperatively and avoid duplication of efforts 

18 with other offices, centers, and programs within NOAA and 

19 other agencies represented on the Task Force, States, tribes, 

20 and nongovernmental organizations concerned with marine 

21 and freshwater aquatic issues related to harmful algal 

22 blooms and hypoxia. 

23 ‘‘(d) FRESHWATER PROGRAM.— 

24 ‘‘(1) IN GENERAL.—With respect to the fresh25 water aspects of the Program, the Administrator and 

mstockstill on DSK4VPTVN1PROD with BILLS

10 

•HR 2484 RH

1 the Under Secretary, through the Task Force, shall 

2 carry out the duties otherwise assigned to the Under 

3 Secretary under this section, excluding the activities 

4 described in subsection (e). 

5 ‘‘(2) PARTICIPATION.—The Administrator’s par6 ticipation under this subsection shall include— 

7 ‘‘(A) research on the ecology of freshwater 

8 harmful algal blooms; 

9 ‘‘(B) monitoring of and event response to 

10 freshwater harmful algal blooms in lakes, rivers, 

11 estuaries (including their tributaries), and res12 ervoirs; and 

13 ‘‘(C) mitigation and control of freshwater 

14 harmful algal blooms. 

15 ‘‘(3) NONDUPLICATION.—The Administrator 

16 shall ensure that activities carried out under this Act 

17 shall focus on new approaches to addressing fresh18 water harmful algal blooms and are not duplicative 

19 of existing research and development programs au20 thorized by this or any other Act. 

21 ‘‘(4) REPORT.—Not later than 1 year after the 

22 date of enactment of the Harmful Algal Bloom and 

23 Hypoxia Research and Control Amendments Act of 

24 2011, the Administrator shall prepare and transmit 

mstockstill on DSK4VPTVN1PROD with BILLS

11 

•HR 2484 RH

1 to the Committee on Science, Space, and Technology 

2 of the House of Representatives a report containing— 

3 ‘‘(A) a detailed budget explanation for all of 

4 the activities conducted by the Administrator 

5 under this Act; and 

6 ‘‘(B) a description of how such activities re7 duce the effects of freshwater harmful algal 

8 blooms and improve water quality. 

9 ‘‘(e) NOAA ACTIVITIES.—As part of the program 

10 under this section, the Under Secretary shall— 

11 ‘‘(1) maintain existing peer-reviewed competitive 

12 grant programs at NOAA relating to marine and 

13 freshwater harmful algal blooms and hypoxia; 

14 ‘‘(2) conduct marine and freshwater harmful 

15 algal bloom and hypoxia event response activities; 

16 and 

17 ‘‘(3) ensure communication and coordination 

18 among Federal agencies carrying out marine and 

19 freshwater harmful algal bloom and hypoxia activities 

20 and increase the availability to appropriate public 

21 and private entities of— 

22 ‘‘(A) analytical facilities and technologies; 

23 ‘‘(B) operational forecasts; and 

24 ‘‘(C) reference and research materials. 

mstockstill on DSK4VPTVN1PROD with BILLS

12 

•HR 2484 RH

1 ‘‘(f) INTEGRATED COASTAL AND OCEAN OBSERVATION

2 SYSTEM.—All monitoring and observation data collected 

3 under this Act shall be collected in compliance with all data 

4 standards and protocols developed pursuant to the National 

5 Integrated Coastal and Ocean Observation System Act of 

6 2009 (33 U.S.C. 3601 et seq.), and such data shall be made 

7 available through the system established under that Act. 

8 ‘‘(g) TECHNOLOGY RESEARCH, DEVELOPMENT, AND

9 DEMONSTRATION.— 

10 ‘‘(1) IN GENERAL.—As part of the duties de11 scribed in subsection (b), the Under Secretary and the 

12 Administrator, through the Task Force, shall main13 tain a focus on technology research and development 

14 for each of the categories of marine harmful algal 

15 blooms, freshwater harmful algal blooms, and hypoxia 

16 in the following areas: 

17 ‘‘(A) Monitoring. 

18 ‘‘(B) Prediction. 

19 ‘‘(C) Prevention. 

20 ‘‘(D) Control. 

21 ‘‘(E) Mitigation. 

22 ‘‘(F) Response to events, including remedi23 ation. 

24 ‘‘(2) ENUMERATION.—As part of the report re25 quired under subsection (i), the Under Secretary, in 

mstockstill on DSK4VPTVN1PROD with BILLS

13 

•HR 2484 RH

1 coordination with the Administrator, shall enumerate 

2 the technology research and development conducted for 

3 each of the areas identified in paragraph (1). 

4 ‘‘(3) PROTOCOL.—The Under Secretary, in co5 ordination with the Administrator, shall develop a 

6 protocol for— 

7 ‘‘(A) assessing the stage of technology devel8 opment that is ready to move from lab testing to 

9 field testing; 

10 ‘‘(B) coordinating local, State, and Federal 

11 authorities to facilitate measures necessary to 

12 conduct field tests in a timely manner; and 

13 ‘‘(C) working with local and State entities, 

14 programs, and interested stakeholders to conduct 

15 outreach and education on technology field test16 ing projects. 

17 ‘‘(h) INFORMATION CLEARINGHOUSE.— 

18 ‘‘(1) ELECTRONIC INFORMATION.—Using the au19 thority under section 603(i)(2)(B), the Under Sec20 retary, in coordination with the Administrator, shall 

21 expand the existing electronic clearinghouse to provide 

22 information about marine and freshwater harmful 

23 algal blooms and hypoxia, including— 

24 ‘‘(A) the Federal agencies involved in re25 search and development on understanding, detecmstockstill on DSK4VPTVN1PROD with BILLS

14 

•HR 2484 RH

1 tion, monitoring, prediction, prevention, control, 

2 mitigation, and response activities; 

3 ‘‘(B) tools available to predict and model 

4 events; and 

5 ‘‘(C) current or developing technologies for 

6 detection, monitoring, prediction, prevention, 

7 control, mitigation, and response, including re8 mediation. 

9 ‘‘(2) TOXIN STANDARDS.—The Under Secretary, 

10 in consultation with the Administrator, shall— 

11 ‘‘(A) develop a mechanism to provide a reli12 able and cost-effective supply of toxin standards 

13 for comparative research; and 

14 ‘‘(B) notify the Congress of such mechanism 

15 as part of the report required under subsection 

16 (i). 

17 ‘‘(i) REPORT.—Not later than 1 year after the submis18 sion of the Plan, the Under Secretary, through the Task 

19 Force, shall prepare and transmit to the Congress a report 

20 that describes— 

21 ‘‘(1) the activities carried out under the Program 

22 and the Plan and the budget related to such activities; 

23 and 

24 ‘‘(2) the need to revise or terminate activities or 

25 projects under the Program.’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

15 

•HR 2484 RH

1 SEC. 6. COMPREHENSIVE RESEARCH PLAN AND ACTION 

2 STRATEGY. 

3 The Act is amended by inserting after section 604, as 

4 added by section 5(3) of this Act, the following: 

5 ‘‘SEC. 605. COMPREHENSIVE RESEARCH PLAN AND ACTION 

6 STRATEGY. 

7 ‘‘(a) IN GENERAL.—Not later than 2 years after the 

8 date of enactment of the Harmful Algal Bloom and Hy9 poxia Research and Control Amendments Act of 2011, the 

10 Under Secretary, through the Task Force, shall transmit to 

11 the Congress a comprehensive research plan and action 

12 strategy to address marine and freshwater harmful algal 

13 blooms and hypoxia that identifies— 

14 ‘‘(1) the specific activities to be carried out by 

15 the Program and the timeline for carrying out such 

16 activities; 

17 ‘‘(2) the roles and responsibilities of each Federal 

18 agency in the Task Force in carrying out Program 

19 activities; and 

20 ‘‘(3) appropriate regions and subregions requir21 ing specific research and activities to address local, 

22 State, and regional harmful algal blooms and hy23 poxia. 

24 ‘‘(b) REGIONAL FOCUS.—The regional and subregional 

25 parts of the Plan shall identify— 

mstockstill on DSK4VPTVN1PROD with BILLS

16 

•HR 2484 RH

1 ‘‘(1) regional priorities for ecological, economic, 

2 and social research on issues related to the impacts of 

3 harmful algal blooms and hypoxia; 

4 ‘‘(2) research, development, and demonstration 

5 activities needed to develop and advance technologies 

6 and techniques for minimizing the occurrence of 

7 harmful algal blooms and hypoxia and improving ca8 pabilities to detect, predict, monitor, control, miti9 gate, respond to, and remediate harmful algal blooms 

10 and hypoxia; 

11 ‘‘(3) ways to reduce the duration and intensity 

12 of harmful algal blooms and hypoxia, including de13 ployment of response technologies in a timely manner; 

14 ‘‘(4) research and methods to address human 

15 health dimensions of harmful algal blooms and hy16 poxia; 

17 ‘‘(5) mechanisms, including the potential costs 

18 and benefits of those mechanisms, to protect eco19 systems that may be or have been affected by harmful 

20 algal bloom and hypoxia events; 

21 ‘‘(6) mechanisms by which data, information, 

22 and products may be transferred between the Program 

23 and State, tribal, and local governments and relevant 

24 research entities; 

mstockstill on DSK4VPTVN1PROD with BILLS

17 

•HR 2484 RH

1 ‘‘(7) communication and information dissemina2 tion methods that State, tribal, and local governments 

3 may undertake to educate and inform the public con4 cerning harmful algal blooms and hypoxia; and 

5 ‘‘(8) the roles that Federal agencies may have to 

6 assist in the implementation of the Plan. 

7 ‘‘(c) UTILIZING AVAILABLE STUDIES AND INFORMA8 TION.—In developing the Plan, the Under Secretary shall 

9 utilize existing research, assessments, reports, and program 

10 activities, including— 

11 ‘‘(1) those carried out pursuant to existing law; 

12 and 

13 ‘‘(2) other relevant peer-reviewed and published 

14 sources. 

15 ‘‘(d) DEVELOPMENT OF THE PLAN.—In developing the 

16 Plan, the Under Secretary shall, as appropriate— 

17 ‘‘(1) coordinate with— 

18 ‘‘(A) State coastal management and plan19 ning officials; 

20 ‘‘(B) tribal resource management officials; 

21 and 

22 ‘‘(C) water management and watershed offi23 cials from both coastal States and noncoastal 

24 States with water sources that drain into water 

mstockstill on DSK4VPTVN1PROD with BILLS

18 

•HR 2484 RH

1 bodies affected by harmful algal blooms and hy2 poxia; and 

3 ‘‘(2) consult with— 

4 ‘‘(A) public health officials; 

5 ‘‘(B) emergency management officials; 

6 ‘‘(C) science and technology development in7 stitutions; 

8 ‘‘(D) economists; 

9 ‘‘(E) industries and businesses affected by 

10 marine and freshwater harmful algal blooms and 

11 hypoxia; 

12 ‘‘(F) scientists with expertise concerning 

13 harmful algal blooms or hypoxia from academic 

14 or research institutions; and 

15 ‘‘(G) other stakeholders. 

16 ‘‘(e) FEDERAL REGISTER.—The Under Secretary shall 

17 publish the Plan in the Federal Register. 

18 ‘‘(f) PERIODIC REVISION.—The Under Secretary, in 

19 coordination and consultation with the individuals and en20 tities identified in subsection (d), shall periodically review 

21 and revise the Plan prepared under this section, as nec22 essary.’’. 

23 SEC. 7. NORTHERN GULF OF MEXICO HYPOXIA. 

24 Section 606, as redesignated by section 5(2) of this Act, 

25 is amended by adding at the end the following: 

mstockstill on DSK4VPTVN1PROD with BILLS

19 

•HR 2484 RH

1 ‘‘(c) REQUIRED UPDATE.— 

2 ‘‘(1) IN GENERAL.—Within 2 years after the date 

3 of enactment of the Harmful Algal Bloom and Hy4 poxia Research and Control Amendments Act of 2011, 

5 the Administrator, through the Mississippi River/Gulf 

6 of Mexico Watershed Nutrient Task Force, shall com7 plete and submit to the Congress and the President an 

8 updated assessment and a revised action plan based 

9 on the updated assessment. 

10 ‘‘(2) REQUIREMENTS.—The updated assessment 

11 shall take into account the following: 

12 ‘‘(A) The role of nutrient influx in the con13 text of water column stratification, seasonal 

14 flows and conditions, and wind and current dy15 namics in the Gulf of Mexico. 

16 ‘‘(B) The contribution of the topography of 

17 the Gulf of Mexico in the effects of the character18 istics described in subparagraph (A) on the 

19 hypoxic zone. 

20 ‘‘(C) The frequency and availability of mon21 itoring to measure the size of the hypoxic zone. 

22 ‘‘(D) The potential of hypoxia hot-spot for23 mation within the Gulf of Mexico and possible 

24 causes of such hot-spots. 

mstockstill on DSK4VPTVN1PROD with BILLS

20 

•HR 2484 RH

1 ‘‘(E) The contribution of wetland loss to hy2 poxia events in the Gulf of Mexico. 

3 ‘‘(F) The actual effect of hypoxia on the eco4 system of the Gulf of Mexico and the benefits re5 sulting from a reduced hypoxic zone size. 

6 ‘‘(G) A scientifically generated, peer-re7 viewed goal for the size of the hypoxic zone in the 

8 Gulf of Mexico. 

9 ‘‘(3) RESEARCH STRATEGY.—The updated plan 

10 shall include a research strategy— 

11 ‘‘(A) to enhance understanding of the con12 tribution of topography, water column stratifica13 tion, seasonal flows and conditions, and wind 

14 and current dynamics on the size of the hypoxic 

15 zone; 

16 ‘‘(B) to develop models able to— 

17 ‘‘(i) simulate different shelf regions 

18 and the fundamental processes that act in 

19 each shelf region; 

20 ‘‘(ii) differentiate between the separate 

21 effects of stratification and nutrient loading 

22 in the formation of hypoxia; and 

23 ‘‘(iii) be informed by realistic three-di24 mensional hydrodynamic and biogeo25 chemical models; 

mstockstill on DSK4VPTVN1PROD with BILLS

21 

•HR 2484 RH

1 ‘‘(C) that determines the appropriate 

2 amount of monitoring and measuring necessary 

3 to get a scientifically robust accounting on the 

4 size of the Gulf of Mexico hypoxic zone; and 

5 ‘‘(D) that examines several potential solu6 tions based on information provided by the up7 dated assessment in paragraph (1).’’. 

8 SEC. 8. CHESAPEAKE BAY DEAD ZONE. 

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

10 after section 606, as redesignated by section 5(2) of this Act, 

11 the following: 

12 ‘‘SEC. 607. CHESAPEAKE BAY DEAD ZONE. 

13 ‘‘(a) ASSESSMENT PLAN.—Not later than 12 months 

14 after the date of enactment of the Harmful Algal Bloom and 

15 Hypoxia Research and Control Amendments Act of 2011, 

16 the Task Force, in accordance with the authority under sec17 tion 603, shall complete and submit to the Congress and 

18 the President an integrated assessment of hypoxia in the 

19 Chesapeake Bay that examines the status of and gaps with20 in current research, monitoring, prevention, response, and 

21 control activities by— 

22 ‘‘(1) Federal agencies; 

23 ‘‘(2) State agencies; 

24 ‘‘(3) regional research consortia; 

25 ‘‘(4) academia; 

mstockstill on DSK4VPTVN1PROD with BILLS

22 

•HR 2484 RH

1 ‘‘(5) private industry; and 

2 ‘‘(6) nongovernmental organizations. 

3 ‘‘(b) RESEARCH PLAN.— 

4 ‘‘(1) IN GENERAL.—Not later than 2 years after 

5 the date of enactment of the Harmful Algal Bloom 

6 and Hypoxia Research and Control Amendments Act 

7 of 2011, the Task Force shall develop and submit to 

8 the Congress a plan, based on the integrated assess9 ment submitted under subsection (a), for reducing, 

10 mitigating, and controlling hypoxia in the Chesa11 peake Bay. 

12 ‘‘(2) REQUIREMENTS.—In developing such plan, 

13 the Task Force shall— 

14 ‘‘(A) consult with State and local govern15 ments and representatives from academic, agri16 cultural, industry, and other stakeholder groups; 

17 ‘‘(B) ensure that the plan does not duplicate 

18 activities conducted by other Federal or State 

19 agencies; 

20 ‘‘(C) include incentive-based partnership 

21 approaches; 

22 ‘‘(D) include an economic cost-benefit anal23 ysis of the measures for reducing, mitigating, 

24 and controlling hypoxia events; 

mstockstill on DSK4VPTVN1PROD with BILLS

23 

•HR 2484 RH

1 ‘‘(E) utilize existing research, assessments, 

2 reports, and program activities; 

3 ‘‘(F) publish a summary of the proposed 

4 plan in the Federal Register 90 days prior to the 

5 submission to the Congress of the completed plan; 

6 and 

7 ‘‘(G) provide progress reports every 2 years 

8 after the submission to the Congress of the com9 pleted plan on the activities leading toward at10 tainment of the goals set forth in the plan. 

11 ‘‘(3) CONTENTS.—The plan shall— 

12 ‘‘(A) address the monitoring needs identi13 fied in the integrated assessment submitted 

14 under subsection (a) and develop a timeline and 

15 budgetary requirements for deployment of future 

16 assets; 

17 ‘‘(B) detail procedures for the development 

18 and verification of Chesapeake Bay hypoxia 

19 models, including making available to the pub20 lic— 

21 ‘‘(i) all assumptions built into the 

22 models; and 

23 ‘‘(ii) data quality methods used to en24 sure the best available data is utilized; and 

mstockstill on DSK4VPTVN1PROD with BILLS

24 

•HR 2484 RH

1 ‘‘(C) describe efforts to improve the assess2 ment of the impacts of hypoxia by— 

3 ‘‘(i) characterizing current and past 

4 biological conditions in ecosystems affected 

5 by hypoxia; and 

6 ‘‘(ii) quantifying effects, including eco7 nomic effects, at the population and com8 munity level.’’. 

9 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

10 (a) AUTHORIZATION.—Section 608, as redesignated by 

11 section 5(1) of this Act, is amended to read as follows: 

12 ‘‘SEC. 608. AUTHORIZATION OF APPROPRIATIONS. 

13 ‘‘(a) UNDER SECRETARY.—There are authorized to be 

14 appropriated to the Under Secretary to carry out this Act 

15 $18,000,000 for each of fiscal years 2012 through 2015, of 

16 which, for each fiscal year— 

17 ‘‘(1) $1,000,000 may be used for the development 

18 of the comprehensive research plan and action strat19 egy under section 605 and the assessment and reports 

20 required by sections 606 and 607; 

21 ‘‘(2) $4,000,000 may be used for the research and 

22 assessment activities related to marine and freshwater 

23 harmful algal blooms at research laboratories of 

24 NOAA; 

mstockstill on DSK4VPTVN1PROD with BILLS

25 

•HR 2484 RH

1 ‘‘(3) $4,000,000 may be used to carry out the 

2 Ecology of Harmful Algal Blooms Program 

3 (ECOHAB); 

4 ‘‘(4) $1,500,000 may be used to carry out the 

5 Monitoring and Event Response for Harmful Algal 

6 Blooms Program (MERHAB); 

7 ‘‘(5) $2,000,000 may be used to carry out re8 search and assessment for the Northern Gulf of Mexico 

9 ecosystem and hypoxia activities; 

10 ‘‘(6) $1,500,000 may be used to carry out coastal 

11 hypoxia research activities; 

12 ‘‘(7) $1,500,000 may be used to carry out pre13 vention, control, and mitigation activities; 

14 ‘‘(8) $500,000 may be used to carry out event re15 sponse activities; and 

16 ‘‘(9) $500,000 may be used to carry out infra17 structure activities. 

18 ‘‘(b) ADMINISTRATOR.— 

19 ‘‘(1) IN GENERAL.—There are authorized to be 

20 appropriated to the Administrator $2,700,000 for 

21 each of the fiscal years 2012 through 2015 to carry 

22 out the activities authorized under this Act. 

23 ‘‘(2) NONDUPLICATION.—The Administrator 

24 shall ensure that activities carried out using the 

25 amounts authorized under paragraph (1) do not dumstockstill on DSK4VPTVN1PROD with BILLS

26 

•HR 2484 RH

1 plicate research and development activities related to 

2 harmful algal blooms and hypoxia conducted by Fed3 eral agencies represented on the Task Force, States, 

4 tribes, and nongovernmental organizations concerned 

5 with marine and freshwater aquatic issues.’’. 

6 (b) EXTRAMURAL RESEARCH ACTIVITIES.—The Under 

7 Secretary of Commerce for Oceans and Atmosphere shall en8 sure that a substantial portion of funds appropriated pur9 suant to section 608 of the Harmful Algal Bloom and Hy10 poxia Research and Control Act of 1998 that are used for 

11 research purposes are allocated to extramural research ac12 tivities. 

13 SEC. 10. CLERICAL AMENDMENTS. 

14 (a) TABLE OF CONTENTS AMENDMENT.—The table of 

15 contents in section 2 of the Coast Guard Authorization Act 

16 of 1998 is amended by striking the items relating to sections 

17 602 through 606 and inserting the following: 

‘‘Sec. 602. Definitions. 

‘‘Sec. 603. Assessments. 

‘‘Sec. 604. National harmful algal bloom and hypoxia program. 

‘‘Sec. 605. Comprehensive research plan and action strategy. 

‘‘Sec. 606. Northern Gulf of Mexico hypoxia. 

‘‘Sec. 607. Chesapeake Bay dead zone. 

‘‘Sec. 608. Authorization of appropriations. 

‘‘Sec. 609. Protection of States’ rights.’’. 

18 (b) REFERENCES.—Section 609, as redesignated by 

19 section 5(1) of this Act, is amended by striking ‘‘Clean 

20 Water Act or’’ each place it appears and inserting ‘‘Federal 

21 Water Pollution Control Act or the’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

mstockstill on DSK4VPTVN1PROD with BILLS

Union Calendar No. 271 

112TH CONGRESS 

2D SESSION H. R. 2484 

[Report No. 112–333, Part I] 

A BILL 

To reauthorize the Harmful Algal Bloom and Hypoxia, and for other purposes. strategy to reduce harmful algal blooms and hy- of a comprehensive research plan and action provide for the development and implementation address harmful algal blooms and hypoxia, to clude a comprehensive and integrated strategy to poxia Research and Control Act of 1998 to inFEBRUARY 9, 2012 

The Committee on Natural Resources discharged; comState of the Union and ordered to be printed mitted to the Committee of the Whole House on the 

mstockstill on DSK4VPTVN1PROD with BILLS