II 
Calendar No. 318 
111TH CONGRESS 
2D SESSION 
H. R. 3650 
IN THE SENATE OF THE UNITED STATES 
MARCH 15, 2010 
Received; read twice and placed on the calendar 
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 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 
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. 
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‘‘(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-
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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; 
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‘‘(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; 
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‘‘(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— 
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‘‘(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-
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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 
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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. 
‘‘(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.’’. 
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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; 
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