I 
111TH CONGRESS 
1ST SESSION H. R. 3650 
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 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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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 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. 
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. 
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‘‘(3) UNDER
SECRETARY.—The term ‘Under 
Secretary’ means the Under Secretary of Commerce 
for Oceans and Atmosphere.’’. 
SEC. 4. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA 
PROGRAM. 
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— 
‘‘(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) 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 
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physical components of marine and freshwater 
harmful algal blooms and hypoxia; 
‘‘(3) coordinate and work cooperatively with re-
gional, State, tribal, and local government agencies 
and programs that address marine and freshwater 
harmful algal blooms and hypoxia; 
‘‘(4) identify additional research, development, 
and demonstration needs and priorities relating to 
monitoring, prevention, control, mitigation, and re-
sponse to marine and freshwater harmful algal 
blooms and hypoxia; 
‘‘(5) support international research efforts on 
marine and freshwater harmful algal blooms and hy-
poxia, and support international information shar-
ing, mitigation, control, and response activities; 
‘‘(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) coordinate an outreach, education, and 
training program that integrates and augments ex-
isting programs to improve public education about 
and awareness of the causes, impacts, and mitiga-
tion efforts for marine and freshwater harmful algal 
blooms and hypoxia; 
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‘‘(8) facilitate 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, including out-
reach programs and information dissemination 
mechanisms; 
‘‘(9) facilitate and provide resources for train-
ing of regional, State, tribal, and local coastal and 
water resource managers in the methods and tech-
nologies for monitoring, preventing, controlling, miti-
gating, and responding to marine and freshwater 
harmful algal blooms and hypoxia events; 
‘‘(10) develop and enhance critical observations, 
monitoring, modeling, data management, informa-
tion dissemination, and operational forecasts; 
‘‘(11) oversee the development, implementation, 
review, and periodic updating of the Regional Re-
search and Action Plans under section 603B; and 
‘‘(12) 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. 
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‘‘(c) COOPERATIVE EFFORTS.—The Under Secretary 
shall work cooperatively with other offices, centers, and 
programs within the National Oceanic and Atmospheric 
Administration and other agencies represented on the 
Task Force established under section 603(a), States, 
tribes, and nongovernmental organizations 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 
otherwise assigned to the Under Secretary under this sec-
tion and section 603B. 
‘‘(e) 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 identifies— 
‘‘(A) the specific activities to be carried out 
by the Program and the timeline for carrying 
out such activities; and 
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‘‘(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. 
‘‘(f) 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 Pro-
gram and the budget related to these activities; and 
‘‘(2) the progress made on implementing the ac-
tion strategy.’’. 
SEC. 5. REGIONAL RESEARCH AND ACTION PLANS. 
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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‘‘(6) mechanisms to protect vulnerable eco-
systems that could be or have been affected by 
harmful algal blooms and hypoxia events; 
‘‘(7) mechanisms by which data, information, 
and products are transferred between the Program 
and State, tribal, and local governments and rel-
evant research entities; 
‘‘(8) communication, outreach, and information 
dissemination methods that State, tribal, and local 
governments and nongovernmental organizations can 
undertake to educate and inform the public con-
cerning harmful algal blooms and hypoxia; and 
‘‘(9) the roles that Federal agencies can play to 
help facilitate implementation of the Plan. 
‘‘(c) BUILDING ON AVAILABLE STUDIES AND INFOR-
MATION.—In developing the Plans under this section, the 
Under Secretary shall utilize and build on existing re-
search, assessments, and reports, including those carried 
out pursuant to existing law and other relevant sources. 
‘‘(d) DEVELOPMENT OF PLANS.—The Under Sec-
retary may develop Plans under this section with assist-
ance from the individuals and entities described in sub-
section (g). 
‘‘(e) PLAN TIMELINE AND UPDATES.—The Under 
Secretary, through the Task Force established under sec-
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tion 603(a), shall ensure that the Plans developed under 
this section are completed not later than 12 months after 
the date of enactment of the Harmful Algal Blooms and 
Hypoxia Research and Control Amendments Act of 2009, 
and updated once every 5 years thereafter. 
‘‘(f) REPORTS.—Not later than 12 months after the 
date of enactment of this Act, and once every two years 
after the completion of the Regional Research and Actions 
Plans, the Under Secretary shall transmit to the Congress 
a report that describes— 
‘‘(1) the contents of each Plan; 
‘‘(2) the activities taken to implement the 
Plans, including a description of research funded 
and actions and outcomes of Plan response strate-
gies carried out; and 
‘‘(3) Federal funding provided to implement the 
Plans. 
‘‘(g) CONSULTATION.—In developing the Plans under 
this section, as appropriate, the Under Secretary shall 
consult with— 
‘‘(1) State coastal management and planning 
officials; 
‘‘(2) tribal resource management officials; 
‘‘(3) water management and watershed officials 
from both coastal States and noncoastal States with 
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water sources that drain into water bodies affected 
by harmful algal blooms and hypoxia; 
‘‘(4) public health officials; 
‘‘(5) emergency management officials; 
‘‘(6) nongovernmental organizations concerned 
with marine and aquatic issues; 
‘‘(7) science and technology development insti-
tutions; 
‘‘(8) economists; 
‘‘(9) industries and businesses affected by ma-
rine and freshwater harmful algal blooms and hy-
poxia; 
‘‘(10) scientists, with expertise concerning 
harmful algal blooms or hypoxia, from academic or 
research institutions; and 
‘‘(11) other stakeholders.’’. 
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 2 years after the date of enactment of the 
Harmful Algal Blooms and Hypoxia Research and Control 
Amendments Act of 2009, the Mississippi River/Gulf of 
Mexico Watershed Nutrient Task Force shall complete 
and transmit to the Congress and the President a report 
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on the progress made by Task Force-directed activities to-
ward attainment of the coastal goal of the 2008 Gulf Hy-
poxia Action Plan. 
‘‘(b) TASK FORCE 5-YEAR PROGRESS REPORTS.— 
After the initial report required under subsection (a), the 
Task Force shall complete and transmit to Congress and 
the President a report every 5 years thereafter on the 
progress made by Task Force-directed activities toward 
attainment of the coastal goal of the 2008 Gulf Hypoxia 
Action Plan. 
‘‘(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 2008 Gulf Hypoxia Action Plan.’’. 
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SEC. 7. PACIFIC NORTHWEST, ESTUARIES, AND PUGET 
SOUND HYPOXIA. 
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 
submit to Congress and the President an integrated as-
sessment of hypoxia in the coastal and estuarine waters 
of the Pacific Northwest that examines the status of cur-
rent research, monitoring, prevention, response, and con-
trol 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 
assessment submitted under subsection (a), for reducing, 
mitigating, and controlling hypoxia in the coastal and es-
tuarine waters of the Pacific Northwest. In developing 
such plan, the Task Force shall consult with State, Indian 
tribe, and local governments, and academic, agricultural, 
industry, and environmental groups and representatives. 
Such plan shall include incentive-based partnership ap-
proaches. The plan shall also address the social and eco-
nomic costs and benefits of the measures for reducing, 
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