mental, economic, social, subsistence use, and public 
health effects of such event. 
‘‘(b) REQUESTS AND DETERMINATIONS.— 
‘‘(1) ELIGIBLE REQUESTERS.—Not later than 
two years after the beginning date of a harmful algal 
bloom or hypoxia event of significance, a request for 
a harmful algal bloom or hypoxia event of signifi-
cance determination may be submitted to the appro-
priate Federal official, if the appropriate Federal of-
ficial has not independently determined that such an 
event of significance has occurred, by any of the fol-
lowing: 
‘‘(A) The Governor of an affected State. 
‘‘(B) A leadership official of an affected 
Indian Tribe. 
‘‘(C) The executive official of the District 
of Columbia or a territory or possession of the 
United States, including Puerto Rico, the Vir-
gin Islands, Guam, the Commonwealth of the 
Northern Mariana Islands, and the Trust Terri-
tories of the Pacific Islands, and American 
Samoa, if affected. 
‘‘(D) Any other comparable elected or po-
litically appointed representative as determined 
by the Secretary, if affected. 
VerDate Sep 11 2014 
23:09 Nov 15, 2023
Jkt 049200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H6235.IH
H6235
khammond on DSKJM1Z7X2PROD with BILLS
‘‘(2) HARMFUL
ALGAL
BLOOM
OR
HYPOXIA 
EVENT OF SIGNIFICANCE DETERMINATION.—At the 
discretion of an appropriate Federal official, or at 
the request of an eligible requester under sub-
section(b)(1), an appropriate Federal official, in con-
sultation with the Steering Committee and NOAA, 
shall determine whether a harmful algal bloom or 
hypoxia event is an event of significance. 
‘‘(3) CONSIDERATIONS.—In making a deter-
mination under paragraph (2), the appropriate Fed-
eral official shall consider such factors as the fol-
lowing: 
‘‘(A) The risk to public health and the po-
tential severity of the detrimental environmental 
effects of the harmful algal bloom or hypoxia 
event at issue. 
‘‘(B) The potential to spread, the potential 
economic, social, and subsistence use impacts of 
such event. 
‘‘(C) The relative magnitude of impacts in 
relation to past occurrences of harmful algal 
blooms or hypoxia events that occur on a recur-
rent or annual basis. 
‘‘(D) The geographic scope, including the 
potential to affect several municipalities, to af-
VerDate Sep 11 2014 
23:09 Nov 15, 2023
Jkt 049200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H6235.IH
H6235
khammond on DSKJM1Z7X2PROD with BILLS
fect more than one State, or to cross an inter-
national boundary. 
‘‘(4) MITIGATION
RELIEF.—Upon determina-
tion that a harmful algal bloom or hypoxia event of 
significance has occurred under paragraph (2), the 
appropriate Federal official is authorized to make 
sums available, from funds appropriated for such 
purposes, to be used by the affected State, Tribal, 
or local government, or by the Under Secretary in 
cooperation with the affected State, local, or Tribal 
government, for the purposes of mitigating the envi-
ronmental, economic, social, subsistence, and public 
health effects of such event. 
‘‘(c) EVENT OF SIGNIFICANCE POLICY.— 
‘‘(1) PUBLICATION.—Not later than six months 
after the date of the enactment of this section, the 
appropriate Federal officials shall publish Harmful 
Algal Bloom and Hypoxia Event of Significance poli-
cies for marine and coastal harmful algal bloom or 
hypoxia events, and for freshwater harmful algal 
bloom or hypoxia events, respectively. Each such pol-
icy shall include the following: 
‘‘(A) Evaluation criteria and considerations 
to inform the determination of a harmful algal 
VerDate Sep 11 2014 
23:09 Nov 15, 2023
Jkt 049200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H6235.IH
H6235
khammond on DSKJM1Z7X2PROD with BILLS
bloom or hypoxia event of significance under 
subsection (b)(3). 
‘‘(B) The type of supplementary informa-
tion that an affected State or other eligible re-
quester described in subsection (b)(1) may pro-
vide to accompany a harmful algal bloom or hy-
poxia event of significance request. 
‘‘(C) Process and criteria for prioritizing 
and evaluating multiple requests for a harmful 
algal bloom or hypoxia event of significance de-
termination. 
‘‘(2) OPPORTUNITY FOR COMMENT.—Not later 
than 120 days before publishing each final policy 
under paragraph (1), the appropriate Federal offi-
cials shall publish a draft of each such proposed pol-
icy in the Federal Register for a public comment pe-
riod of not less than 60 days. 
‘‘(d) LIMITATIONS.— 
‘‘(1) FEDERAL SHARE.—Except as provided in 
paragraph (2), the Federal share of the cost of any 
activity carried out under this subsection may not 
exceed 75 percent of the total cost of such activity. 
‘‘(2) WAIVER.—The appropriate Federal official 
may waive the non-Federal share requirements of 
VerDate Sep 11 2014 
23:09 Nov 15, 2023
Jkt 049200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H6235.IH
H6235
khammond on DSKJM1Z7X2PROD with BILLS
this subsection, if the appropriate Federal official 
determines that— 
‘‘(A) no reasonable means are available 
through which the recipient of the Federal 
share can meet the non-Federal share require-
ment; 
‘‘(B) the probable benefit of 100 percent 
Federal financing outweighs the public interest 
in imposition of the non-Federal share; and 
‘‘(C) assistance is directed to support the 
assessment or mitigation of a harmful algal 
bloom or hypoxia event of significance affecting 
an Indian Tribe or subsistence use. 
‘‘(3) FISHERY FAILURES.— 
‘‘(A) IN
GENERAL.—Any analysis of a 
commercial fishery failure due to a fishery re-
source disaster caused by a harmful algal bloom 
or hypoxia event of significance shall be con-
ducted pursuant to an appropriate request in 
accordance with the Magnusons-Stevens Fish-
ery Conservation and Management Act (16 
U.S.C. 1801 et seq.). 
‘‘(B) FISHERY
RESOURCE
DISASTER
RE-
LIEF.—No funds available under this section 
may be used as part of response relief for a de-
VerDate Sep 11 2014 
23:09 Nov 15, 2023
Jkt 049200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H6235.IH
H6235
khammond on DSKJM1Z7X2PROD with BILLS