IB 
Union Calendar No. 233 
111TH CONGRESS 
2D SESSION 
H. R. 3650 
[Report No. 111–396, Part I] 
To establish a National Harmful Algal Bloom and Hypoxia Program, to 
develop and coordinate a comprehensive and integrated strategy to ad-
dress harmful algal blooms and hypoxia, and to provide for the develop-
ment and implementation of comprehensive regional action plans to re-
duce harmful algal blooms and hypoxia. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 25, 2009 
Mr. BAIRD (for himself, Mr. EHLERS, Mr. MACK, Ms. CASTOR of Florida, Mr. 
DELAHUNT, and Mr. KRATOVIL) introduced the following bill; which was 
referred to the Committee on Science 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 provi-
sions as fall within the jurisdiction of the committee concerned 
JANUARY 13, 2010 
Additional sponsors: Mr. PALLONE, Ms. BORDALLO, Mr. BARROW, Mrs. 
CAPPS, Ms. ROS-LEHTINEN, Ms. PINGREE of Maine, Mr. FARR, Mr. 
BOYD, Mr. CAPUANO, Mr. HOLT, Mr. MARIO DIAZ-BALART of Florida, 
Ms. EDWARDS of Maryland, Ms. WOOLSEY, Mrs. BONO MACK, Mr. 
LEVIN, Mr. ABERCROMBIE, Mrs. CHRISTENSEN, Mr. HONDA, Mr. KEN-
NEDY, Mr. MURPHY of New York, Mr. CAO, Mr. GRIJALVA, Mr. THOMP-
SON of California, Mr. MICHAUD, Mr. INSLEE, Ms. HIRONO, Mr. KIRK, 
Ms. WASSERMAN SCHULTZ, Mr. BUCHANAN, Mr. PUTNAM, Mr. MARKEY 
of Massachusetts, Mr. YOUNG of Florida, and Mr. ADLER of New Jersey 
JANUARY 13, 2010 
Reported from the Committee on Science and Technology with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
JANUARY 13, 2010 
Committee on Natural Resources discharged; committed to the Committee of 
the Whole House on the State of the Union and ordered to be printed 
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[For text of introduced bill, see copy of bill as introduced on September 25, 2009] 
A BILL 
To establish a National Harmful Algal Bloom and Hypoxia 
Program, to develop and coordinate a comprehensive and 
integrated strategy to address harmful algal blooms and 
hypoxia, and to provide for the development and imple-
mentation of comprehensive regional action plans to re-
duce harmful algal blooms and hypoxia. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Harmful Algal Blooms 
and Hypoxia Research and Control Amendments Act of 
2009’’. 
SEC. 2. AMENDMENT OF HARMFUL ALGAL BLOOM AND HY-
POXIA RESEARCH AND CONTROL ACT OF 1998. 
Except as otherwise expressly provided, whenever in 
this Act an amendment or repeal is expressed in terms of 
an amendment to, or repeal of, a section or other provision, 
the reference shall be considered to be made to a section or 
other provision of the Harmful Algal Bloom and Hypoxia 
Research and Control Act of 1998 (16 U.S.C. 1451 note). 
SEC. 3. DEFINITIONS. 
(a) AMENDMENT.—The Act is amended by inserting 
after section 602 the following: 
‘‘SEC. 602A. DEFINITIONS. 
‘‘In this title: 
‘‘(1) 
ADMINISTRATOR.—The 
term 
‘Adminis-
trator’ means the Administrator of the Environ-
mental Protection Agency. 
‘‘(2) PROGRAM.—The term ‘Program’ means the 
National Harmful Algal Bloom and Hypoxia Pro-
gram established under section 603A. 
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‘‘(3) UNDER SECRETARY.—The term ‘Under Sec-
retary’ means the Under Secretary of Commerce for 
Oceans and Atmosphere.’’. 
(b) TABLE OF CONTENTS AMENDMENT.—The table of 
contents in section 2 of the Coast Guard Authorization Act 
of 1998 is amended by adding after the item relating to 
section 602 the following new item: 
‘‘Sec. 602A. Definitions.’’. 
SEC. 4. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA 
PROGRAM. 
(a) AMENDMENT.—The Act is amended by inserting 
after section 603 the following: 
‘‘SEC. 603A. NATIONAL HARMFUL ALGAL BLOOM AND HY-
POXIA PROGRAM. 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(d), the Under Secretary, through the Task Force established 
under section 603(a), shall establish and maintain a Na-
tional Harmful Algal Bloom and Hypoxia Program pursu-
ant to this section. 
‘‘(b) DUTIES.—The Under Secretary, through the Pro-
gram, shall utilize the resources of the Task Force to— 
‘‘(1) develop and promote a national strategy to 
understand, detect, predict, control, mitigate, and re-
spond to marine and freshwater harmful algal bloom 
and hypoxia events; 
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‘‘(2) ensure the coordination of all Federal pro-
grams that address marine and freshwater harmful 
algal blooms and hypoxia, and other ocean and Great 
Lakes science and management programs and centers 
that address the chemical, biological, and physical 
components of marine and freshwater harmful algal 
blooms and hypoxia; 
‘‘(3) coordinate and work cooperatively with 
State, tribal, and local government agencies and pro-
grams that address marine and freshwater harmful 
algal blooms and hypoxia; 
‘‘(4) identify additional research, development, 
and demonstration needs and priorities relating to 
monitoring, prediction, prevention, control, mitiga-
tion, and response to marine and freshwater harmful 
algal blooms and hypoxia; 
‘‘(5) encourage international information shar-
ing and research efforts on marine and freshwater 
harmful algal blooms and hypoxia, and encourage 
international mitigation, control, and response activi-
ties; 
‘‘(6) ensure the development and implementation 
of methods and technologies to protect the ecosystems 
affected by marine and freshwater harmful algal 
blooms; 
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‘‘(7) coordinate an education program that inte-
grates and augments existing programs to improve 
public understanding and awareness of the causes, 
impacts, and mitigation efforts for marine and fresh-
water harmful algal blooms and hypoxia; 
‘‘(8) assist in regional, State, tribal, and local ef-
forts to develop and implement appropriate marine 
and freshwater harmful algal bloom and hypoxia re-
sponse plans, strategies, and tools; 
‘‘(9) provide resources for and assist in the 
training of State, tribal, and local water and coastal 
resource managers in the methods and technologies for 
monitoring, controlling, mitigating, and responding 
to the effects of marine and freshwater harmful algal 
blooms and hypoxia events; 
‘‘(10) oversee the development, implementation, 
review, and periodic updating of the Regional Re-
search and Action Plans under section 603B; and 
‘‘(11) administer peer-reviewed, merit-based com-
petitive grant funding to support— 
‘‘(A) the projects maintained and estab-
lished by the Program; and 
‘‘(B) the research and management needs 
and priorities identified in the Regional Re-
search and Action Plans. 
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‘‘(c) COOPERATIVE EFFORTS.—The Under Secretary 
shall work cooperatively and avoid duplication of efforts 
with other offices, centers, and programs within the Na-
tional Oceanic and Atmospheric Administration and other 
agencies represented on the Task Force established under 
section 603(a), States, tribes, and nongovernmental organi-
zations concerned with marine and freshwater aquatic 
issues related to harmful algal blooms and hypoxia. 
‘‘(d) FRESHWATER PROGRAM.—With respect to the 
freshwater aspects of the Program, the Under Secretary and 
the Administrator shall jointly carry out the duties other-
wise assigned to the Under Secretary under this section and 
section 603B, including each of the programs identified in 
subsection (e)(1) and (2). The Administrator’s participa-
tion under this subsection shall include— 
‘‘(1) research on the ecology of freshwater harm-
ful algal blooms; 
‘‘(2) monitoring and event response of freshwater 
harmful algal blooms in lakes, rivers, estuaries (in-
cluding their tributaries), and reservoirs; and 
‘‘(3) mitigation and control of freshwater harm-
ful algal blooms. 
‘‘(e) NATIONAL OCEANIC AND ATMOSPHERIC ADMINIS-
TRATION PROGRAMS.— 
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‘‘(1) EXISTING
PROGRAMS.—The Under Sec-
retary shall maintain and enhance the following ex-
isting competitive programs: 
‘‘(A) The Ecology and Oceanography of 
Harmful Algal Blooms Program. 
‘‘(B) The Monitoring and Event Response 
for Harmful Algal Blooms Program. 
‘‘(C) The Northern Gulf of Mexico Eco-
systems and Hypoxia Assessment Program. 
‘‘(D) The Coastal Hypoxia Research Pro-
gram. 
‘‘(E) The Prevention, Control, and Mitiga-
tion of Harmful Algal Blooms Program. 
‘‘(2) NEW
PROGRAMS.—The Under Secretary 
shall establish the following new programs: 
‘‘(A) An Event Response Program to coordi-
nate and enhance, at the request of the States, 
marine and freshwater harmful algal blooms and 
hypoxia events response activities. 
‘‘(B) An Infrastructure Program to— 
‘‘(i) increase availability of— 
‘‘(I) analytical facilities and tech-
nologies; 
‘‘(II) operational forecasts; and 
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‘‘(III) reference and research ma-
terials; 
‘‘(ii) improve integration of harmful 
algal bloom activities with existing moni-
toring and observational programs; and 
‘‘(iii) enhance communication and co-
ordination required to meet the purposes of 
this Act. 
‘‘(f) ACTION STRATEGY.— 
‘‘(1) IN GENERAL.—Not later than 12 months 
after the date of enactment of the Harmful Algal 
Blooms and Hypoxia Research and Control Amend-
ments Act of 2009, the Under Secretary, through the 
Task Force established under section 603(a), shall 
transmit to the Congress an action strategy that iden-
tifies— 
‘‘(A) the specific activities to be carried out 
by the Program and the timeline for carrying 
out such activities; and 
‘‘(B) the roles and responsibilities of each 
Federal agency in the Task Force established 
under section 603(a) in carrying out Program 
activities. 
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‘‘(2) FEDERAL REGISTER.—The Under Secretary 
shall publish the action strategy in the Federal Reg-
ister. 
‘‘(3) PERIODIC REVISION.—The Under Secretary 
shall periodically review and revise the action strat-
egy prepared under this subsection as necessary. 
‘‘(g) REPORT.—Every 2 years after the submission of 
the action strategy, the Under Secretary shall prepare and 
transmit to the Congress a report that describes— 
‘‘(1) the activities carried out under the Program 
and the budget related to these activities; 
‘‘(2) the progress made on implementing the ac-
tion strategy; and 
‘‘(3) the need to revise or terminate activities or 
projects under the Program.’’. 
(b) TABLE OF CONTENTS AMENDMENT.—The table of 
contents in section 2 of the Coast Guard Authorization Act 
of 1998 is amended by adding after the item relating to 
section 603 the following new item: 
‘‘Sec. 603A. National Harmful Algal Bloom and Hypoxia Program.’’. 
SEC. 5. REGIONAL RESEARCH AND ACTION PLANS. 
(a) AMENDMENT.—The Act is amended by inserting 
after section 603A the following: 
‘‘SEC. 603B. REGIONAL RESEARCH AND ACTION PLANS. 
‘‘(a) IN GENERAL.—The Under Secretary, through the 
Task Force established under section 603(a), shall— 
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‘‘(1) identify the appropriate regions and sub-
regions to be addressed by each Regional Research 
and Action Plan; and 
‘‘(2) oversee the development and implementation 
of the Regional Research and Action Plans. 
‘‘(b) CONTENTS.—The Plans developed under this sec-
tion shall identify— 
‘‘(1) regional priorities for ecological, economic, 
and social research on issues related to the impacts of 
harmful algal blooms and hypoxia; 
‘‘(2) research, development, and demonstration 
activities needed to develop and advance technologies 
and techniques for minimizing the occurrence of 
harmful algal blooms and hypoxia and improving ca-
pabilities to prevent, predict, monitor, control, and 
mitigate harmful algal blooms and hypoxia; 
‘‘(3) ways to reduce the duration and intensity 
of harmful algal blooms and hypoxia, including in 
times of emergency; 
‘‘(4) research and methods to address human 
health dimensions of harmful algal blooms and hy-
poxia; 
‘‘(5) mechanisms, including the potential costs 
and benefits of those mechanisms, to protect vulner-
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able ecosystems that could be or have been affected by 
harmful algal blooms and hypoxia events; 
‘‘(6) mechanisms by which data, information, 
and products are transferred between the Program 
and State, tribal, and local governments and relevant 
research entities; 
‘‘(7) communication, outreach, and information 
dissemination methods that State, tribal, and local 
governments and stakeholder organizations can un-
dertake to educate and inform the public concerning 
harmful algal blooms and hypoxia; and 
‘‘(8) the roles that Federal agencies can play to 
assist in the implementation of the Plan. 
‘‘(c) BUILDING ON AVAILABLE STUDIES AND INFORMA-
TION.—In developing the Plans under this section, the 
Under Secretary shall— 
‘‘(1) utilize and build on existing research, as-
sessments, and reports, including those carried out 
pursuant to existing law and other relevant sources; 
and 
‘‘(2) consider the impacts, research, and existing 
program activities of all United States coastlines and 
fresh and inland waters, including the Great Lakes, 
the Chesapeake Bay, and estuaries and tributaries. 
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‘‘(d) DEVELOPMENT OF PLANS.—The Under Secretary 
shall develop Plans under this section with assistance from 
the individuals and entities described in subsection (g). 
‘‘(e) PLAN TIMELINE AND UPDATES.—The Under Sec-
retary, through the Task Force established under section 
603(a), shall ensure that the Plans developed under this sec-
tion are completed not later than 24 months after the date 
of enactment of the Harmful Algal Blooms and Hypoxia 
Research and Control Amendments Act of 2009, and up-
dated once every 5 years thereafter. 
‘‘(f) REPORTS.—Not later than 6 months after the 
completion of each Regional Research and Action Plan, the 
Under Secretary shall transmit to the Congress a report 
that provides a summary of such Plan, and once every 30 
months after the completion of such Plan, the Under Sec-
retary shall transmit to the Congress a report that de-
scribes— 
‘‘(1) the activities taken to implement the Plan, 
including a description of research funded and ac-
tions and outcomes of Plan response strategies carried 
out; and 
‘‘(2) Federal funding provided to implement the 
Plan. 
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(b) TABLE OF CONTENTS AMENDMENT.—The table of 
contents in section 2 of the Coast Guard Authorization Act 
of 1998 is amended by adding after the item relating to 
section 603A, as added by section 4(b) of this Act, the fol-
lowing new item: 
‘‘Sec. 603B. Regional research and action plans.’’. 
SEC. 6. NORTHERN GULF OF MEXICO HYPOXIA. 
Section 604 is amended to read as follows: 
‘‘SEC. 604. NORTHERN GULF OF MEXICO HYPOXIA. 
‘‘(a) TASK FORCE INITIAL PROGRESS REPORTS.—Not 
later than 12 months after the date of enactment of the 
Harmful Algal Blooms and Hypoxia Research and Control 
Amendments Act of 2009, the Administrator, through the 
Mississippi River/Gulf of Mexico Watershed Nutrient Task 
Force, shall complete and transmit to the Congress and the 
President a report on the progress made by Task Force- 
directed activities toward attainment of the coastal goal of 
the 2008 Gulf Hypoxia Action Plan. 
‘‘(b) TASK FORCE 2-YEAR PROGRESS REPORTS.— 
After the initial report required under subsection (a), the 
Administrator, through the Task Force, shall complete and 
transmit to Congress and the President a report every 2 
years thereafter on the progress made by Task Force-di-
rected activities toward attainment of the coastal goal of 
the 2008 Gulf Hypoxia Action Plan. 
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‘‘(c) CONTENTS.—The reports required by this section 
shall assess progress made toward nutrient load reductions, 
the response of the hypoxic zone and water quality through-
out the Mississippi/Atchafalaya River Basin, and the eco-
nomic and social effects. The reports shall— 
‘‘(1) include an evaluation of how current poli-
cies and programs affect management decisions, in-
cluding those made by municipalities and industrial 
and agricultural producers; 
‘‘(2) evaluate lessons learned; and 
‘‘(3) recommend appropriate actions to continue 
to implement or, if necessary, revise the strategy set 
forth in the 2008 Gulf Hypoxia Action Plan.’’. 
SEC. 7. PACIFIC NORTHWEST, ESTUARIES, AND PUGET 
SOUND HYPOXIA. 
(a) AMENDMENT.—The Act is amended by inserting 
after section 604 the following: 
‘‘SEC. 604A. PACIFIC NORTHWEST, ESTUARIES, AND PUGET 
SOUND HYPOXIA. 
‘‘(a) ASSESSMENT
REPORT.—Not later than 12 
months after the date of enactment of this Act, the Task 
Force established under section 603 shall complete and sub-
mit to Congress and the President an integrated assessment 
of hypoxia in the coastal and estuarine waters of the Pacific 
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Northwest that examines the status of current research, 
monitoring, prevention, response, and control efforts. 
‘‘(b) PLAN.—Not later than 2 years after the date of 
enactment of this Act, such Task Force shall develop and 
submit to Congress a plan, based on the integrated assess-
ment submitted under subsection (a), for reducing, miti-
gating, and controlling hypoxia in the coastal and estua-
rine waters of the Pacific Northwest. In developing such 
plan, the Task Force shall consult with State, Indian tribe, 
and local governments, and academic, agricultural, indus-
try, and environmental groups and representatives. Such 
plan shall include incentive-based partnership approaches. 
The plan shall also address the social and economic costs 
and benefits of the measures for reducing, mitigating, and 
controlling hypoxia. At least 90 days before submission of 
such plan to the Congress, a summary of the proposed plan 
shall be published in the Federal Register. After submission 
of the plan, the Task Force shall provide progress reports 
on the activities toward attainment of the goals set forth 
in the plan reduce, mitigate, and control hypoxia in the 
coastal and estuarine waters of the Pacific Northwest every 
2 years.’’. 
(b) TABLE OF CONTENTS AMENDMENT.—The table of 
contents in section 2 of the Coast Guard Authorization Act 
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of 1998 is amended by adding after the item relating to 
section 604 the following new item: 
‘‘Sec. 604A. Pacific Northwest, estuaries, and Puget Sound hypoxia.’’. 
SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 
Section 605 is amended to read as follows: 
‘‘SEC. 605. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated— 
‘‘(1) to the Under Secretary to carry out sections 
603A and 603B, $35,000,000 for each of fiscal years 
2010 through 2014, of which, for each fiscal year— 
‘‘(A) up to $3,000,000 shall be for the devel-
opment of the Regional Research and Action 
Plans and the reports required by sections 604 
and 604A; 
‘‘(B) $3,000,000 shall be for the research 
and assessment activities related to marine and 
freshwater harmful algal blooms at research lab-
oratories of the National Oceanic and Atmos-
pheric Administration; 
‘‘(C) $8,000,000 shall be used to carry out 
the Ecology and Oceanography of Harmful Algal 
Blooms Program (ECOHAB); 
‘‘(D) $5,500,000 shall be used to carry out 
the Monitoring and Event Response for Harmful 
Algal Blooms Program (MERHAB); 
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‘‘(E) $1,500,000 shall be used to carry out 
the Northern Gulf of Mexico Ecosystems and Hy-
poxia Assessment Program (NGOMEX); 
‘‘(F) $5,000,000 shall be used to carry out 
the 
Coastal 
Hypoxia 
Research 
Program 
(CHRP); 
‘‘(G) $5,000,000 shall be used to carry out 
the Prevention, Control, and Mitigation of 
Harmful Algal Blooms Program (PCM); 
‘‘(H) $1,000,000 shall be used to carry out 
the Event Response Program; and 
‘‘(I) $3,000,000 shall be used to carry out 
the Infrastructure Program; and 
‘‘(2) to the Administrator to carry out sections 
603A and 603B, $6,000,000 for each of fiscal years 
2010 through 2014, of which up to $3,000,000 for 
each fiscal year shall be for participation in carrying 
out section 603A(e), as described in section 603A(d).’’. 
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Union Calendar No. 233 
111TH CONGRESS 
2D SESSION 
H. R. 3650 
[Report No. 111–396, Part I] 
A BILL 
To establish a National Harmful Algal Bloom and 
Hypoxia Program, to develop and coordinate a 
comprehensive and integrated strategy to address 
harmful algal blooms and hypoxia, and to provide 
for the development and implementation of com-
prehensive regional action plans to reduce harm-
ful algal blooms and hypoxia. 
JANUARY 13, 2010 
Reported from the Committee on Science and Technology 
with an amendment 
JANUARY 13, 2010 
Committee on Natural Resources discharged; committed 
to the Committee of the Whole House on the State of 
the Union and ordered to be printed 
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