Title: Harmful Algal Bloom and Hypoxia Research and Control Act of 2018
Policy area: Environmental Protection

Summary:
Harmful Algal Bloom and Hypoxia Research and Control Act of 2018
This bill addresses harmful algal blooms and hypoxia, including to: (1) increase the authorization of appropriations for the national harmful algal bloom and hypoxia program and the action strategy of the Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia through FY2023, and (2) address harmful algal blooms and hypoxia in the Greater Everglades region of Florida. An algal bloom is a rapid growth of algae that may create toxic or hypoxic (severely low-oxygen) conditions that are harmful to humans, animals, aquatic ecosystems, and the economy.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6645 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 6645

 To amend the Harmful Algal Bloom and Hypoxia Research and Control Act 
 of 1998 to reauthorize the national harmful algal blooms and hypoxia 
program and require an assessment and action plan for reducing harmful 
  algal blooms and hypoxia in the Greater Everglades region, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 31, 2018

    Mr. Mast (for himself, Mr. Posey, Ms. Bonamici, and Ms. Kaptur) 
 introduced the following bill; which was referred to the Committee on 
  Science, Space, 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 provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Harmful Algal Bloom and Hypoxia Research and Control Act 
 of 1998 to reauthorize the national harmful algal blooms and hypoxia 
program and require an assessment and action plan for reducing harmful 
  algal blooms and hypoxia in the Greater Everglades region, 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 Act of 2018''.

SEC. 2. HARMFUL ALGAL BLOOMS AND HYPOXIA RESEARCH AND CONTROL.

    (a) Reauthorization of National Harmful Algal Blooms and Hypoxia 
Program.--Section 609(a) of the Harmful Algal Bloom and Hypoxia 
Research and Control Act of 1998 (33 U.S.C. 4003(a)) is amended--
            (1) by striking ``and 603B'' and inserting ``, 603B, and 
        603C'';
            (2) by striking ``$20,500,000'' and inserting 
        ``$22,000,000''; and
            (3) by striking ``2018'' and inserting ``2023''.
    (b) Greater Everglades Assessment and Action Plan.--The Harmful 
Algal Bloom and Hypoxia Research and Control Act of 1998 (33 U.S.C. 
4003) is amended by inserting after section 603B the following new 
section:

``SEC. 603C. GREATER EVERGLADES HARMFUL ALGAL BLOOMS AND HYPOXIA.

    ``(a) Integrated Assessment.--Not later than 18 months after the 
date of enactment of the Harmful Algal Bloom and Hypoxia Research and 
Control Act of 2018, the Task Force, in accordance with the authority 
under section 603, shall complete and submit to the Congress and the 
President an integrated assessment that examines the causes, 
consequences, and potential approaches to reduce harmful algal blooms 
and hypoxia in the Greater Everglades region, including--
            ``(1) a comprehensive analysis of how restoration efforts 
        undertaken pursuant to such section with respect to the South 
        Florida Ecosystem (as defined in section 528 of the Water 
        Resources Development Act of 1996 (33 U.S.C. 2201 note; Public 
        Law 104-303)) may impact the distribution, magnitude, duration, 
        and frequency of harmful algal blooms and hypoxia events within 
        the region; and
            ``(2) the status of, and gaps within, current harmful algal 
        bloom and hypoxia research, monitoring, management, prevention, 
        response, and control activities that directly benefit the 
        region and that are carried out by any of the following 
        entities:
                    ``(A) Federal agencies, including the United States 
                Army Corps of Engineers.
                    ``(B) State agencies.
                    ``(C) Regional research consortia.
                    ``(D) Institutions of higher education (as defined 
                in section 101 of the Higher Education Act of 1965 (20 
                U.S.C. 1001)).
                    ``(E) Private industry. 
                    ``(F) Nongovernmental organizations.
    ``(b) Action Plan.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of the Harmful Algal Bloom and Hypoxia Research and 
        Control Act of 2018, the Task Force shall develop and submit to 
        the Congress a plan, based on the integrated assessment under 
        subsection (a), for reducing, mitigating, and controlling 
        harmful algal blooms and hypoxia in the Greater Everglades 
        region.
            ``(2) Contents.--The plan shall--
                    ``(A) address the monitoring needs identified in 
                the integrated assessment under subsection (a);
                    ``(B) develop a timeline and budgetary requirements 
                for deployment of future assets;
                    ``(C) identify requirements for the development and 
                verification of Greater Everglades harmful algal bloom 
                and hypoxia models, including--
                            ``(i) all assumptions built into the 
                        models; and
                            ``(ii) data quality methods used to ensure 
                        the best available data are utilized; and
                    ``(D) propose the development of an early warning 
                system for alerting local communities in the region to 
                harmful algal bloom risks that may impact human health.
            ``(3) Requirements.--In developing the plan, the Task Force 
        shall--
                    ``(A) coordinate with the State of Florida and 
                affected local and Tribal governments;
                    ``(B) consult with representatives from academic, 
                agricultural, industry, and other stakeholder groups;
                    ``(C) ensure that the plan complements and does not 
                duplicate activities conducted by other Federal or 
                State agencies, including the South Florida Ecosystem 
                Restoration Task Force established under subsection (f) 
                of section 528 of the Water Resources Development Act 
                of 1996 (33 U.S.C. 2201 note; Public Law 104-303);
                    ``(D) identify critical research for reducing, 
                mitigating, and controlling harmful algal bloom events 
                and their effects;
                    ``(E) evaluate cost-effective, incentive-based 
                partnership approaches;
                    ``(F) ensure that the plan is technically sound and 
                cost-effective;
                    ``(G) utilize existing research, assessments, 
                reports, and program activities;
                    ``(H) publish a summary of the proposed plan in the 
                Federal Register at least 180 days prior to submitting 
                the completed plan to Congress;
                    ``(I) after submitting the completed plan to 
                Congress, provide biennial progress reports on the 
                activities toward achieving the objectives of the plan;
                    ``(J) conduct the assessment under subsection (a) 
                and submit the plan under subsection (b) through the 
                agencies that are members of the Task Force using funds 
                authorized and available for such agencies in support 
                of restoration of the Greater Everglades; and
                    ``(K) include the funding for the assessment in the 
                plan and carry out the plan in the annual cross-cut 
                budget for the South Florida Ecosystem Restoration 
                Program under section 528 of the Water Resources 
                Development Act of 1996 (33 U.S.C. 2201 note; Public 
                Law 104-303).
    ``(c) Greater Everglades.--In this section, the term `Greater 
Everglades' means--
            ``(1) all lands and waters within the administrative 
        boundaries of the South Florida Water Management District;
            ``(2) regional coastal waters, including Biscayne Bay, the 
        Caloosahatchee Estuary, Florida Bay, and Indian River Lagoon; 
        and
            ``(3) the Florida Reef Tract.''.
    (c) Inter-Agency Task Force.--Section 603(a) of the Harmful Algal 
Bloom and Hypoxia Research and Control Act of 1998 (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''.
    (d) Scientific Assessments of Freshwater Harmful Algal Blooms.--
Section 603(f)(1) Harmful Algal Bloom and Hypoxia Research and Control 
Act of 1998 (33 U.S.C. 4001(f)(1)) is amended by striking ``later than 
24 months'' and all that follows and inserting ``less than once every 5 
years, the Task Force shall complete and submit to Congress a 
scientific assessment of harmful algal blooms in United States coastal 
waters and freshwater systems. Each assessment shall examine both 
marine and freshwater harmful algal blooms, including those in the 
Great Lakes, Greater Everglades, and upper reaches of estuaries, those 
in freshwater lakes and rivers, and those that originate in freshwater 
lakes or rivers and migrate to coastal waters.''.

SEC. 3. 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. 4. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA PROGRAM.

    (a) Program Duties.--Section 603A(e) of the Harmful Algal Bloom and 
Hypoxia Research and Control Act of 1998 (33 U.S.C. 4002(e)) is 
amended--
            (1) in paragraph (1), by inserting ``, including to local 
        and regional stakeholders through the establishment and 
        maintenance of a publicly accessible Internet website that 
        provides information on Program activities completed pursuant 
        to this section'' after ``Program'';
            (2) in paragraph (3)--
                    (A) in subparagraph (B), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in subparagraph (C), by inserting ``and'' after 
                the semicolon at the end; and
                    (C) by adding at the end the following:
                    ``(D) to accelerate the utilization of effective 
                methods of intervention and mitigation to reduce the 
                frequency, severity, and impacts of harmful algal bloom 
                and hypoxia events;'';
            (3) in paragraph (4), by striking ``and work cooperatively 
        with regional, State, tribal, and local government agencies'' 
        and inserting ``, and work cooperatively to provide technical 
        assistance to, regional, State, tribal, and local government 
        entities, and regional information coordination entities (as 
        defined in section 12303(6) of the Integrated Coastal and Ocean 
        Observation System Act of 2009 (33 U.S.C. 3602))''; and
            (4) in paragraph (7)--
                    (A) by inserting ``and extension'' after ``existing 
                education''; and
                    (B) by inserting ``intervention,'' after 
                ``awareness of the causes, impacts,''.
    (b) Integrated Coastal and Ocean Observing System.--Section 603A(i) 
of the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 
(33 U.S.C. 20 4002(i)) is amended by inserting ``coordinate with the 
regional information coordination entities referred to in subsection 
(e) and'' after ``this title shall''.
    (c) National Oceanic and Atmospheric Administration Activities.--
Section 603A(f) of the Harmful Algal Bloom and Hypoxia Research and 
Control Act of 1998 (33 U.S.C. 4002(f)) is amended--
            (1) in paragraph (3), by inserting ``, which shall include 
        unmanned systems,'' after ``infrastructure'';
            (2) in paragraph (5), by striking ``and'' at the end;
            (3) in paragraph (6)(C), by striking the period at the end 
        and inserting a semicolon; and
            (4) by adding at the end the following:
            ``(7) use cost effective methods in carrying out this Act; 
        and
            ``(8) develop contingency plans for the long-term 
        monitoring of hypoxia.''.

SEC. 5. HYPOXIA OR HARMFUL ALGAL BLOOM EVENTS OF SIGNIFICANCE.

    (a) Relief.--
            (1) In general.--Upon a determination under subsection (b) 
        that there is an event of 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 detrimental environmental, economic, subsistence 
        use, and public health effects of the event of 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 50 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 
        significance.
            (2) Considerations.--In making a determination under 
        paragraph (1), the appropriate Federal official shall consider 
        the toxicity of the harmful algal bloom, the severity of the 
        hypoxia, its potential to spread, the economic impact, the 
        toxicity to fish and wildlife, size and nature of the human 
        population potentially exposed to the bloom, the relative size 
        in relation to the past 5 occurrences of harmful algal blooms 
        or hypoxia events that occur on a recurrent or annual basis, 
        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 significance.--The term ``event of 
        significance'' means a hypoxia or harmful algal bloom event 
        that has had or will likely have a significant detrimental 
        environmental, economic, subsistence use, 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. 6. HYPOXIA OR HARMFUL ALGAL BLOOM FORECASTING.

    The Harmful Algal Bloom and Hypoxia Research and Control Act of 
1998 is amended by inserting after section 603B (33 U.S.C. 4003) the 
following new section:

``SEC. 603C. HYPOXIA OR HARMFUL ALGAL BLOOM FORECASTING.

    ``Not later than one year after the date of the enactment of the 
Harmful Algal Bloom and Hypoxia Research and Control Act of 2018, the 
Under Secretary shall complete and submit to Congress a plan for 
developing the capacity for sustained operational ecological forecast 
models for forecasting harmful algal blooms or hypoxia. The plan shall 
include a process for how such forecast models can be supported and 
operated with regional information coordination entities identified 
under subsection (c)(4) of section 12304 of the Integrated Coastal and 
Ocean Observation System Act of 2009 (33 U.S.C. 3603) for purposes of 
the National Integrated Coastal and Ocean Observation System 
established under such section.''.
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