Title: Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2017
Policy area: Environmental Protection

Summary:
Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2017
This bill amends the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 to reauthorize for FY2019-FY2023 the national harmful algal bloom and hypoxia program and the action strategy of the Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia.
The task force must include a representative from the U.S. Army Corps of Engineers.
Each required scientific assessment of harmful algal blooms in coastal waters must examine freshwater harmful algal blooms that originate in freshwater lakes or rivers and migrate to coastal waters.
Federal officials may determine whether a hypoxia (a deficiency of oxygen) or harmful algal bloom event is an event of national significance and give funding to the affected state or local government for assessing and mitigating the event's environmental, economic, social, and public health effects.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1057 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 1057

 To amend the Harmful Algal Bloom and Hypoxia Research and Control Act 
    of 1998 to address harmful algal blooms, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 4, 2017

 Mr. Nelson (for himself, Mr. Portman, and Mr. Peters) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To amend the Harmful Algal Bloom and Hypoxia Research and Control Act 
    of 1998 to address harmful algal blooms, and for other purposes.

    Be it enacted by the Senate and House of Representatives 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 Amendments Act of 2017''.

SEC. 2. REFERENCES TO THE HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND 
              CONTROL ACT OF 1998.

    Except as otherwise expressly provided, wherever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, 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 (33 U.S.C. 4001 et seq.).

SEC. 3. INTER-AGENCY TASK FORCE.

    Section 603(a) (33 U.S.C. 4001(a)) is amended--
            (1) in paragraph (12), by striking ``and'' at the end;
            (2) by redesignating paragraph (13) as paragraph (14); and
            (3) by inserting after paragraph (12) the following:
            ``(13) the Army Corps of Engineers; and''.

SEC. 4. SCIENTIFIC ASSESSMENTS OF FRESHWATER HARMFUL ALGAL BLOOMS.

    Section 603 (33 U.S.C. 4001) is amended--
            (1) by striking subsection (f);
            (2) by redesignating subsections (g), (h), (i), and (j) as 
        subsections (f), (g), (h), and (i), respectively; and
            (3) in subsection (g), as redesignated--
                    (A) in the heading, by inserting ``Marine and 
                Freshwater'' after ``Assessments of''; and
                    (B) in paragraph (1)--
                            (i) by striking the second sentence; and
                            (ii) by amending the third sentence to read 
                        as follows: ``Each assessment shall examine 
                        both marine and freshwater harmful algal 
                        blooms, including those in the Great Lakes and 
                        upper reaches of estuaries and those that 
                        originate in freshwater lakes or rivers and 
                        migrate to coastal waters.''.

SEC. 5. CONSULTATION REQUIRED.

    Section 102 of the Harmful Algal Bloom and Hypoxia Amendments Act 
of 2004 (33 U.S.C. 4001a) is amended by striking ``the amendments made 
by this title'' and inserting ``the Harmful Algal Bloom and Hypoxia 
Research and Control Act of 1998''.

SEC. 6. HYPOXIA OR HARMFUL ALGAL BLOOM OF NATIONAL SIGNIFICANCE.

    (a) Relief.--
            (1) In general.--Upon a determination under subsection (b) 
        that there is an event of national significance, the 
        appropriate Federal official is authorized to make sums 
        available to the affected State or local government for the 
        purposes of assessing and mitigating the environmental, 
        economic, social, and public health effects of the event of 
        national significance.
            (2) Federal share.--The Federal share of the cost of any 
        activity carried out under this subsection for the purposes 
        described in paragraph (1) may not exceed 75 percent of the 
        cost of that activity.
            (3) Donations.--Notwithstanding any other provision of law, 
        an appropriate Federal official may accept donations of funds, 
        services, facilities, materials, or equipment that the 
        appropriate Federal official considers necessary for the 
        purposes described in paragraph (1). Any funds donated to an 
        appropriate Federal official under this paragraph may be 
        expended without further appropriation and without fiscal year 
        limitation.
    (b) Determinations.--
            (1) In general.--At the discretion of an appropriate 
        Federal official, or at the request of the Governor of an 
        affected State, an appropriate Federal official shall determine 
        whether a hypoxia or harmful algal bloom event is an event of 
        national significance.
            (2) Considerations.--In making a determination under 
        paragraph (1), the appropriate Federal official shall consider 
        such factors as the toxicity of the hypoxia or harmful algal 
        bloom, its potential to spread, the economic impact, and the 
        geographic scope, including the potential to affect several 
        municipalities, to affect more than 1 State, or to cross an 
        international boundary.
    (c) Definitions.--In this section:
            (1) Appropriate federal official.--The term ``appropriate 
        Federal official'' means--
                    (A) in the case of a marine or coastal hypoxia or 
                harmful algal bloom event, the Under Secretary of 
                Commerce for Oceans and Atmosphere; and
                    (B) in the case of a freshwater hypoxia or harmful 
                algal bloom event, the Administrator of the 
                Environmental Protection Agency.
            (2) Event of national significance.--The term ``event of 
        national significance'' means a hypoxia or harmful algal bloom 
        event that has had or will likely have a significant 
        environmental, economic, or public health impact on an affected 
        State.
            (3) Hypoxia or harmful algal bloom event.--The term 
        ``hypoxia or harmful algal bloom event'' means the occurrence 
        of hypoxia or a harmful algal bloom as a result of a natural, 
        anthropogenic, or undetermined cause.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    Section 609(a) (33 U.S.C. 4009(a)) is amended by inserting ``, and 
$22,000,000 for each of fiscal years 2019 through 2023'' before the 
period at the end.
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