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 
2010’’. 
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 provi-
sion, 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 
Program established under section 603A. 
‘‘(3) STATE.—The term ‘State’ means each of 
the several States of the United States, the District 
of Columbia, the Commonwealth of Puerto Rico, the 
Virgin Islands, Guam, American Samoa, the Com-
monwealth of the Northern Mariana Islands, any 
other territory or possession of the United States, 
and any Indian tribe. 
‘‘(4) UNDER
SECRETARY.—The term ‘Under 
Secretary’ 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 estab-
lished under section 603(a), shall establish and maintain 
a National Harmful Algal Bloom and Hypoxia Program 
pursuant to this section. 
‘‘(b) DUTIES.—The Under Secretary, through the 
Program, shall coordinate the efforts of the Task Force 
to— 
‘‘(1) develop and promote a national strategy to 
understand, detect, predict, control, mitigate, and 
respond to marine and freshwater harmful algal 
bloom and hypoxia events; 
‘‘(2) integrate the research of all Federal pro-
grams, including ocean and Great Lakes science and 
management programs and centers, that address the 
chemical, biological, and physical components of ma-
rine and freshwater harmful algal blooms and hy-
poxia; 
‘‘(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 implementa-
tion of methods and technologies to protect the eco-
systems affected by marine and freshwater harmful 
algal blooms; 
‘‘(7) integrate, coordinate, and augment exist-
ing education programs to improve public under-
standing and awareness of the causes, impacts, and 
mitigation efforts for marine and freshwater harmful 
algal blooms and hypoxia; 
‘‘(8) assist in regional, State, tribal, and local 
efforts 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 respond-
ing 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 
competitive 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. 
‘‘(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 orga-
nizations 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 Administrator and 
Under Secretary, through the Task Force, shall carry out 
the duties otherwise assigned to the Under Secretary 
under this section and section 603B, including the activi-
ties described in subsection (e). The Administrator’s par-
ticipation under this subsection shall include—
‘‘(1) research on the ecology of freshwater 
harmful algal blooms; 
‘‘(2) monitoring and event response of fresh-
water harmful algal blooms in lakes, rivers, estuaries 
(including their tributaries), and reservoirs; 
‘‘(3) mitigation and control of freshwater harm-
ful algal blooms; and 
‘‘(4) an identification in the President’s annual 
budget request to Congress of how much funding is 
proposed in that request for carrying out the activi-
ties described in subsection (e). 
‘‘(e) NATIONAL OCEANIC AND ATMOSPHERIC ADMIN-
ISTRATION ACTIVITIES.—As part of the program under 
this section, the Under Secretary shall— 
‘‘(1) maintain and enhance existing competitive 
grant programs at the National Oceanic and Atmos-
pheric Administration relating to marine and fresh-
water harmful algal blooms and hypoxia; 
‘‘(2) carry out marine and freshwater harmful 
algal bloom and hypoxia events response activities; 
and 
‘‘(3) enhance communication and coordination 
among Federal agencies carrying out marine and 
freshwater harmful algal bloom and hypoxia activi-
ties, and increase the availability to appropriate pub-
lic and private entities of— 
‘‘(A) analytical facilities and technologies; 
‘‘(B) operational forecasts; and 
‘‘(C) reference and research materials. 
‘‘(f) INTEGRATED COASTAL AND OCEAN OBSERVA-
TION SYSTEM.—All monitoring and observation data col-
lected under this Act shall be collected in compliance with 
all data standards and protocols developed pursuant to the 
National Integrated Coastal and Ocean Observation Sys-
tem Act of 2009 (33 U.S.C. 3601 et seq.), and such data 
shall be made available through the System established 
under that Act. 
‘‘(g) 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 2010, the Under Secretary, through 
the Task Force established under section 603(a), 
shall transmit to the Congress an action strategy 
that identifies— 
‘‘(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. 
‘‘(2) FEDERAL
REGISTER.—The Under Sec-
retary shall publish the action strategy in the Fed-
eral Register. 
‘‘(3) PERIODIC
REVISION.—The Under Sec-
retary shall periodically review and revise the action 
strategy prepared under this subsection as nec-
essary. 
‘‘(h) REPORT.—Two 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 Pro-
gram and the Regional Research and Action Plans 
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— 
‘‘(1) identify the appropriate regions and sub-
regions to be addressed by each Regional Research 
and Action Plan; and 
‘‘(2) oversee the development and implementa-
tion of the Regional Research and Action Plans. 
‘‘(b) CONTENTS.—The Plans developed under this 
section 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-
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 rel-
evant 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 INFOR-
MATION.—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 exist-
ing program activities of all United States coastlines 
and fresh and inland waters, including the Great 
Lakes, the Chesapeake Bay, and estuaries and tribu-
taries. 
‘‘(d) DEVELOPMENT OF PLANS.—The Under Sec-
retary shall develop Plans under this section with assist-
ance from the individuals and entities described in sub-
section (f). 
‘‘(e) PLAN TIMELINE AND UPDATES.—The Under 
Secretary, through the Task Force established under sec-
tion 603(a), shall ensure that the Plans developed under 
this section 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 2010, 
and updated once every 5 years thereafter. 
‘‘(f) COORDINATION AND CONSULTATION.—In devel-
oping the Plans under this section, as appropriate, the 
Under Secretary— 
‘‘(1) shall coordinate with State coastal man-
agement and planning officials; 
‘‘(2) shall coordinate with tribal resource man-
agement officials; 
‘‘(3) shall coordinate with water management 
and watershed officials from both coastal States and
noncoastal States with water sources that drain into 
water bodies affected by harmful algal blooms and 
hypoxia; and 
‘‘(4) shall consult with— 
‘‘(A) public health officials; 
‘‘(B) emergency management officials; 
‘‘(C) science and technology development 
institutions; 
‘‘(D) economists; 
‘‘(E) industries and businesses affected by 
marine and freshwater harmful algal blooms 
and hypoxia; 
‘‘(F) scientists, with expertise concerning 
harmful algal blooms or hypoxia, from academic 
or research institutions; and 
‘‘(G) other stakeholders.’’. 
(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 
following 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 2010, 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 
goals of the Gulf Hypoxia Action Plan 2008. 
‘‘(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- 
directed activities toward attainment of the coastal goal 
of the Gulf Hypoxia Action Plan 2008. 
‘‘(c) CONTENTS.—The reports required by this sec-
tion shall assess progress made toward nutrient load re-
ductions, the response of the hypoxic zone and water qual-
ity throughout the Mississippi/Atchafalaya River Basin, 
and the economic 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 Gulf Hypoxia Action Plan 2008.’’. 
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 the Harmful Algal 
Blooms and Hypoxia Research and Control Amendments 
Act of 2010, the Task Force established under section 603 
shall complete and submit to Congress and the President 
an integrated assessment of hypoxia in the coastal and 
estuarine waters of the Pacific Northwest that examines 
the status of current research, monitoring, prevention, re-
sponse, and control efforts. 
‘‘(b) PLAN.—The Task Force shall include in the re-
gionally appropriate Regional Research and Action Plan 
developed under section 603B a plan, based on the inte-
grated assessment submitted under subsection (a), for re-
ducing, mitigating, and controlling hypoxia in the coastal 
and estuarine waters of the Pacific Northwest. In devel-
oping such plan, the Task Force shall consult with State, 
Indian tribe, and local governments, and academic, agri-
cultural, industry, and environmental groups and rep-
resentatives. Such plan shall include incentive-based part-
nership approaches. The plan shall also address the social 
and economic costs and benefits of the measures for reduc-
ing, mitigating, and controlling hypoxia.’’. 
(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 604 the following new item: 
‘‘Sec. 604A. Pacific Northwest, estuaries, and Puget Sound hypoxia.’’. 
SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION.—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 sec-
tions 603A and 603B, $34,000,000 for each of fiscal 
years 2011 through 2015, of which, for each fiscal 
year— 
‘‘(A) $2,000,000 may be used for the de-
velopment of the Regional Research and Action 
Plans and the reports required by section 604A; 
‘‘(B) $3,000,000 may be used for the re-
search and assessment activities related to ma-
rine and freshwater harmful algal blooms at re-
search laboratories of the National Oceanic and 
Atmospheric Administration; 
‘‘(C) $8,000,000 may be used to carry out 
the Ecology and Oceanography of Harmful 
Algal Blooms Program (ECOHAB); 
‘‘(D) $5,500,000 may be used to carry out 
the Monitoring and Event Response for Harm-
ful Algal Blooms Program (MERHAB); 
‘‘(E) $1,500,000 may be used to carry out 
the Northern Gulf of Mexico Ecosystems and 
Hypoxia Assessment Program (NGOMEX); 
‘‘(F) $5,000,000 may be used to carry out 
the 
Coastal 
Hypoxia 
Research 
Program 
(CHRP); 
‘‘(G) $5,000,000 may be used to carry out 
the Prevention, Control, and Mitigation of 
Harmful Algal Blooms Program (PCM); 
‘‘(H) $1,000,000 may be used to carry out 
marine and freshwater harmful algal bloom and 
hypoxia events response activities; and 
‘‘(I) $3,000,000 may be used for increased 
availability, communication, and coordination 
activities; and
‘‘(2) to the Administrator to carry out sections 
603A, 603B, and 604, $7,000,000 for each of fiscal 
years 2011 through 2015.’’. 
(b) EXTRAMURAL
RESEARCH
ACTIVITIES.—The 
Under Secretary shall ensure that a substantial portion 
of funds appropriated pursuant to subsection (a) that are 
used for research purposes are allocated to extramural re-
search activities. 
Passed the House of Representatives March 12, 
2010. 
Attest: 
Clerk.
111TH CONGRESS 
2D SESSION 
H. R. 3650 
AN ACT 
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.