I
105TH CONGRESS
2D SESSION
H. R. 4235
To authorize appropriations for the National Oceanic and Atmospheric Admin-
istration to conduct research, monitoring, education, and management
activities for the prevention, reduction, and control of harmful algal
blooms, including blooms of Pfiesteria piscicida and other aquatic toxins,
hypoxia, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 16, 1998
Mr. JOHN (for himself, Mr. BALDACCI, Mr. GILCHREST, Mr. CARDIN, Mr.
ETHERIDGE, and Mr. TAUZIN) introduced the following bill; which was
referred to the Committee on Science, and in addition to the Committee
on Resources, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned
A BILL
To authorize appropriations for the National Oceanic and
Atmospheric Administration to conduct research, mon-
itoring, education, and management activities for the
prevention, reduction, and control of harmful algal
blooms, including blooms of Pfiesteria piscicida and other
aquatic toxins, hypoxia, and for other purposes.
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 Bloom
and Hypoxia Research and Control Act of 1998’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) the recent outbreak of the harmful microbe
Pfiesteria piscicida in the coastal waters of the
United States is one example of potentially harmful
algal blooms composed of naturally occurring species
that reproduce explosively and that are increasing in
frequency and intensity in the Nation’s coastal wa-
ters;
(2) other recent occurrences of harmful algal
blooms include red tides in the Gulf of Mexico and
the Southeast; brown tides in New York and Texas;
ciguatera fish poisoning in Hawaii, Florida, Puerto
Rico, and the U.S. Virgin Islands; and shellfish
poisonings in the Gulf of Maine, the Pacific North-
west, and the Gulf of Alaska;
(3) in recent years, harmful algal blooms have
resulted in massive fish kills, the deaths of numer-
ous endangered West Indian manatees, beach and
shellfish bed closures, threats to public health and
safety, and concern among the public about the safe-
ty of seafood;
(4) according to scientists, the factors causing
or contributing to harmful algal blooms may include
excessive nutrients in coastal waters, other forms of
pollution, the transfer of harmful species through
ship ballast water, and ocean currents;
(5) harmful algal blooms have been responsible
for an estimated $1,000,000,000 in economic losses
during the past decade;
(6) harmful algal blooms and blooms of non-
toxic algal species can also lead directly to other
damaging marine conditions such as hypoxia (re-
duced oxygen concentrations), which are harmful or
fatal to fish, shellfish, and benthic organisms;
(7) according to the National Oceanic and At-
mospheric Administration in the Department of
Commerce, 53 percent of U.S. estuaries experience
hypoxia for at least part of the year and a 7,000
square mile area in the Gulf of Mexico off Louisiana
and Texas suffers from hypoxia, creating a massive
‘‘dead zone’’ during much of the year where little or
no marine life exists;
(8) according to scientists, the primary factor
known to cause hypoxia is excessive nutrient loading
into coastal waters;
(9) there is a strong need to identify more
workable and effective actions to reduce nutrient
loadings to coastal waters;
(10) the National Oceanic and Atmospheric Ad-
ministration, through its ongoing research, edu-
cation, grant, and coastal resource management pro-
grams, possesses a full range of capabilities nec-
essary to support a near and long-term comprehen-
sive effort to prevent, reduce, and control harmful
algal blooms and hypoxia;
(11) funding for the research and related pro-
grams of the National Oceanic and Atmospheric Ad-
ministration will aid in improving the Nation’s un-
derstanding and capabilities for addressing the
human and environmental costs associated with
harmful algal blooms and hypoxia; and
(12) other Federal agencies such as the Envi-
ronmental Protection Agency, the Department of
Agriculture, and the National Science Foundation,
along with the States, Indian tribes, and local gov-
ernments, conduct important work related to the
prevention, reduction, and control of harmful algal
blooms and hypoxia.
SEC. 3. ACTION PLAN.
(a) ESTABLISHMENT
OF
INTER-AGENCY
TASK
FORCE.—The President, through the Committee on Envi-
ronment and Natural Resources of the National Science
and Technology Council, shall establish an Inter-Agency
Task Force on Harmful Algal Blooms and Hypoxia (here-
inafter referred to as the ‘‘Task Force’’). The Task Force
shall consist of representatives from—
(1) the Department of Commerce (who shall
serve as Chairman of the Task Force);
(2) the Environmental Protection Agency;
(3) the Department of Agriculture;
(4) the Department of the Interior;
(5) the Department of the Navy;
(6) the Department of Health and Human
Services;
(7) the National Science Foundation;
(8) the National Aeronautics and Space Admin-
istration;
(9) the Office of Science and Technology Policy;
(10) the Council on Environmental Quality; and
(11) such other Federal agencies as the Presi-
dent considers appropriate.
(b) ACTION PLAN ON HARMFUL ALGAL BLOOMS.—
(1) Not later than 12 months after the date of enactment
of this Act, the Task Force, in consultation with the coast-
al States, Indian tribes, and local governments, industry,
academic institutions, and non-governmental organiza-
tions with expertise in coastal zone management, shall de-
velop an action plan providing for a comprehensive, coordi-
nated, and timely Federal response to harmful algal
blooms.
(2) The action plan shall—
(A) consist of actions that each Federal depart-
ment or agency represented on the Task Force shall
take to prevent, reduce, manage, mitigate, and con-
trol harmful algal blooms and their environmental
and public health impacts;
(B) prevent unnecessary duplication of effort
among Federal agencies and departments with re-
spect to the actions in subparagraph (A); and
(C) provide for Federal cooperation and coordi-
nation with and assistance to the coastal States, In-
dian tribes, and local governments in the prevention,
reduction, management, mitigation, and control of
harmful algal blooms and their environmental and
public health impacts.
(c) ACTION PLAN ON HYPOXIA.—(1) Not later than
12 months after the date of enactment of this Act, the
Task Force, in consultation with the States, Indian tribes,
local governments, industry, agricultural, academic insti-
tutions, and non-governmental organizations with exper-
tise in watershed and coastal zone management, shall de-
velop an action plan providing for a comprehensive, coordi-
nated, and timely Federal response to hypoxia in U.S.
coastal waters.
(2) The action plan shall—
(A) establish needs, priorities, and guidelines
for a peer-reviewed, interagency research program
on the causes, characteristics, and impacts of hy-
poxia, and on actions that can be taken to prevent,
reduce, manage, mitigate, and control hypoxia;
(B) identify actions that each Federal depart-
ment or agency represented on the Task Force shall
take to prevent, reduce, manage, mitigate, and con-
trol hypoxia and its environmental impacts;
(C) prevent unnecessary duplication of effort
among Federal agencies and departments with re-
spect to the research and actions in subparagraphs
(A) and (B); and
(D) provide for Federal cooperation and coordi-
nation with and assistance to the States, Indian
tribes, and local governments in the prevention, re-
duction, management, mitigation, and control of hy-
poxia and its environmental impacts.
(d) ANNUAL REPORTS.— Beginning 12 months after
the date the action plans in subsections (b) and (c) are
published, the Task Force shall submit 3 annual reports
to the Congress and the President which—
(1) describe the progress of the departments
and agencies represented on the Task Force in im-
plementing the actions contained in the action plans;
(2) assess the effectiveness of the action plans
to that date in preventing, reducing, managing, miti-
gating, and controlling harmful algal blooms and hy-
poxia;
(3) describe any changes to an action plan
made or proposed to improve the effectiveness of
such plan; and
(4) contain any other information the Task
Force may wish to include.
(e) DISESTABLISHMENT
OF
TASK
FORCE.—The
President may disestablish the Task Force after submis-
sion of the third report in subsection (d).
SEC. 4. NORTHERN GULF OF MEXICO HYPOXIA.
(a) ASSESSMENT REPORT.—Not later than March
30, 1999, the Task Force shall complete and submit to
Congress and the President an integrated assessment of
hypoxia in the northern Gulf of Mexico that examines: the
distribution, dynamics, and causes; ecological and eco-