Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2014
PL 113-124 (S.1254), enacted 06/30/2014

[113th Congress Public Law 124]
[From the U.S. Government Publishing Office]



[[Page 128 STAT. 1379]]

Public Law 113-124
113th Congress

                                 An Act


 
 To amend the Harmful Algal Blooms and Hypoxia Research and Control Act 
 of 1998, and for other purposes. <<NOTE: June 30, 2014 -  [S. 1254]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Harmful 
Algal Bloom and Hypoxia Research and Control Amendments Act of 2014. 33 
USC 4001 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Harmful Algal Bloom and Hypoxia 
Research and Control Amendments Act of 2014''.
SEC. 2. REFERENCES TO THE HARMFUL ALGAL BLOOM AND HYPOXIA 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 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 (16 U.S.C. 1451 note).
SEC. 3. INTER-AGENCY TASK FORCE ON HARMFUL ALGAL BLOOMS AND 
                    HYPOXIA.

    Section 603(a) <<NOTE: 16 USC 1451 note.>>  is amended--
            (1) by striking ``the following representatives from'' and 
        inserting ``a representative from'';
            (2) in paragraph (11), by striking ``and'';
            (3) by redesignating paragraph (12) as paragraph (13);
            (4) by inserting after paragraph (11) the following:
            ``(12) the Centers for Disease Control and Prevention; 
        and''; and
            (5) in paragraph (13), as redesignated, by striking 
        ``such''.
SEC. 4. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA PROGRAM.

    The Act is amended by inserting after section 603 the following:
``SEC. 603A. <<NOTE: 16 USC 1451 note.>> NATIONAL HARMFUL ALGAL 
                          BLOOM AND HYPOXIA PROGRAM.

    ``(a) <<NOTE: Deadline.>>  Establishment.--Not later than 1 year 
after the date of enactment of the Harmful Algal Bloom and Hypoxia 
Research and Control Amendments Act of 2014, the Under Secretary, acting 
through the Task Force, shall maintain and enhance a national harmful 
algal bloom and hypoxia program, including--
            ``(1) a statement of objectives, including understanding, 
        detecting, predicting, controlling, mitigating, and responding 
        to marine and freshwater harmful algal bloom and hypoxia events; 
        and

[[Page 128 STAT. 1380]]

            ``(2) the comprehensive research plan and action strategy 
        under section 603B.

    ``(b) Periodic Revision.--The Task Force shall periodically review 
and revise the Program, as necessary.
    ``(c) Task Force Functions.--The Task Force shall--
            ``(1) coordinate interagency review of the objectives and 
        activities of the Program;
            ``(2) expedite the interagency review process by ensuring 
        timely review and dispersal of required reports and assessments 
        under this title;
            ``(3) support the implementation of the Action Strategy, 
        including the coordination and integration of the research of 
        all Federal programs, including ocean and Great Lakes science 
        and management programs and centers, that address the chemical, 
        biological, and physical components of marine and freshwater 
        harmful algal blooms and hypoxia;
            ``(4) support the development of institutional mechanisms 
        and financial instruments to further the objectives and 
        activities of the Program;
            ``(5) review the Program's distribution of Federal funding 
        to address the objectives and activities of the Program;
            ``(6) promote the development of new technologies for 
        predicting, monitoring, and mitigating harmful algal bloom and 
        hypoxia conditions; and
            ``(7) establish such interagency working groups as it 
        considers necessary.

    ``(d) Lead Federal Agency.--Except as provided in subsection (h), 
the National Oceanic and Atmospheric Administration shall have primary 
responsibility for administering the Program.
    ``(e) Program Duties.--In administering the Program, the Under 
Secretary shall--
            ``(1) promote the Program;
            ``(2) prepare work and spending plans for implementing the 
        research and activities identified under the Action Strategy;
            ``(3) administer peer-reviewed, merit-based, competitive 
        grant funding--
                    ``(A) to maintain and enhance baseline monitoring 
                programs established by the Program;
                    ``(B) to support the projects maintained and 
                established by the Program; and
                    ``(C) to address the research and management needs 
                and priorities identified in the Action Strategy;
            ``(4) coordinate with and work cooperatively with regional, 
        State, tribal, and local government agencies and programs that 
        address marine and freshwater harmful algal blooms and hypoxia;
            ``(5) coordinate with the Secretary of State to support 
        international efforts on marine and freshwater harmful algal 
        bloom and hypoxia information sharing, research, prediction, 
        mitigation, control, and response activities;
            ``(6) identify additional research, development, and 
        demonstration needs and priorities relating to monitoring, 
        prevention, control, mitigation, and response to marine and 
        freshwater harmful algal blooms and hypoxia, including methods 
        and technologies to protect the ecosystems affected by marine 
        and freshwater harmful algal blooms and hypoxia;

[[Page 128 STAT. 1381]]

            ``(7) integrate, coordinate, and augment existing education 
        programs to improve public understanding and awareness of the 
        causes, impacts, and mitigation efforts for marine and 
        freshwater harmful algal blooms and hypoxia;
            ``(8) facilitate and provide resources to train State and 
        local coastal and water resource managers in the methods and 
        technologies for monitoring, preventing, controlling, and 
        mitigating marine and freshwater harmful algal blooms and 
        hypoxia;
            ``(9) support regional efforts to control and mitigate 
        outbreaks through--
                    ``(A) communication of the contents of the Action 
                Strategy and maintenance of online data portals for 
                other information about harmful algal blooms and hypoxia 
                to State, tribal, and local stakeholders; and
                    ``(B) overseeing the development, review, and 
                periodic updating of the Action Strategy;
            ``(10) convene at least 1 meeting of the Task Force each 
        year; and
            ``(11) perform such other tasks as may be delegated by the 
        Task Force.

    ``(f) National Oceanic and Atmospheric Administration Activities.--
The Under Secretary shall--
            ``(1) maintain and enhance the existing competitive programs 
        at the National Oceanic and Atmospheric Administration relating 
        to harmful algal blooms and hypoxia;
            ``(2) carry out marine and Great Lakes harmful algal bloom 
        and hypoxia events response activities;
            ``(3) develop and enhance, including with respect to 
        infrastructure as necessary, critical observations, monitoring, 
        modeling, data management, information dissemination, and 
        operational forecasts relevant to harmful algal blooms and 
        hypoxia events;
            ``(4) enhance communication and coordination among Federal 
        agencies carrying out marine and freshwater harmful algal bloom 
        and hypoxia activities and research;
            ``(5) to the greatest extent practicable, leverage existing 
        resources and expertise available from local research 
        universities and institutions; and
            ``(6) increase the availability to appropriate public and 
        private entities of--
                    ``(A) analytical facilities and technologies;
                    ``(B) operational forecasts; and
                    ``(C) reference and research materials.

    ``(g) Cooperative Efforts.--The Under Secretary shall work 
cooperatively and avoid duplication of effort with other offices, 
centers, and programs within the National Oceanic and Atmospheric 
Administration, other agencies on the Task Force, and States, tribes, 
and nongovernmental organizations concerned with marine and freshwater 
issues to coordinate harmful algal bloom and hypoxia (and related) 
activities and research.
    ``(h) Freshwater.--With respect to the freshwater aspects of the 
Program, the Administrator, through the Task Force, shall carry out the 
duties otherwise assigned to the Under Secretary under this section, 
except the activities described in subsection (f).

[[Page 128 STAT. 1382]]

            ``(1) Participation.--The Administrator's participation 
        under this section shall include--
                    ``(A) research on the ecology and impacts of 
                freshwater harmful algal blooms; and
                    ``(B) forecasting and monitoring of and event 
                response to freshwater harmful algal blooms in lakes, 
                rivers, estuaries (including their tributaries), and 
                reservoirs.
            ``(2) Nonduplication.--The Administrator shall ensure that 
        activities carried out under this title focus on new approaches 
        to addressing freshwater harmful algal blooms and are not 
        duplicative of existing research and development programs 
        authorized by this title or any other law.

    ``(i) <<NOTE: Compliance.>>  Integrated Coastal and Ocean 
Observation System.--The collection of monitoring and observation data 
under this title shall comply with all data standards and protocols 
developed pursuant to the Integrated Coastal and Ocean Observation 
System Act of 2009 (33 U.S.C. 3601 et seq.). Such data shall be made 
available through the system established under that Act.''.
SEC. 5. COMPREHENSIVE RESEARCH PLAN AND ACTION STRATEGY.

    The Act, as amended by section 4 of this Act, is further amended by 
inserting after section 603A the following:
``SEC. 603B. <<NOTE: 16 USC 1451 note.>>  COMPREHENSIVE RESEARCH 
                          PLAN AND ACTION STRATEGY.

    ``(a) <<NOTE: Deadline. Plan.>>  In General.--Not later than 1 year 
after the date of enactment of the Harmful Algal Bloom and Hypoxia 
Research and Control Amendments Act of 2014, the Under Secretary, 
through the Task Force, shall develop and submit to Congress a 
comprehensive research plan and action strategy to address marine and 
freshwater harmful algal blooms and hypoxia. The Action Strategy shall 
identify--
            ``(1) the specific activities to be carried out by the 
        Program and the timeline for carrying out those activities;
            ``(2) the roles and responsibilities of each Federal agency 
        in the Task Force in carrying out the activities under paragraph 
        (1); and
            ``(3) the appropriate regions and subregions requiring 
        specific research and activities to address harmful algal blooms 
        and hypoxia.

    ``(b) Regional Focus.--The regional and subregional parts of the 
Action Strategy 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 capabilities to detect, predict, monitor, control, 
        mitigate, respond to, and remediate harmful algal blooms and 
        hypoxia;
            ``(3) ways to reduce the duration and intensity of harmful 
        algal blooms and hypoxia, including deployment of response 
        technologies in a timely manner;
            ``(4) research and methods to address human health 
        dimensions of harmful algal blooms and hypoxia;

[[Page 128 STAT. 1383]]

            ``(5) mechanisms, including the potential costs and benefits 
        of those mechanisms, to protect ecosystems that may be or have 
        been affected by harmful algal bloom and hypoxia events;
            ``(6) mechanisms by which data, information, and products 
        may be transferred between the Program and the State, tribal, 
        and local governments and research entities;
            ``(7) communication and information dissemination methods 
        that State, tribal, and local governments may undertake to 
        educate and inform the public concerning harmful algal blooms 
        and hypoxia; and
            ``(8) roles that Federal agencies may have to assist in the 
        implementation of the Action Strategy, including efforts to 
        support local and regional scientific assessments under section 
        603(e).

    ``(c) Utilizing Available Studies and Information.--In developing 
the Action Strategy, the Under Secretary shall utilize existing 
research, assessments, reports, and program activities, including--
            ``(1) those carried out under existing law; and
            ``(2) other relevant peer-reviewed and published sources.

    ``(d) Development of the Action Strategy.--In developing the Action 
Strategy, the Under Secretary shall, as appropriate--
            ``(1) coordinate with--
                    ``(A) State coastal management and planning 
                officials;
                    ``(B) tribal resource management officials; and
                    ``(C) water management and watershed officials from 
                both coastal States and noncoastal States with water 
                sources that drain into water bodies affected by harmful 
                algal blooms and hypoxia; and
            ``(2) <<NOTE: Consultation.>>  consult with--
                    ``(A) public health officials;
                    ``(B) emergency management officials;
                    ``(C) science and technology development 
                institutions;
                    ``(D) economists;
                    ``(E) industries and businesses affected by marine 
                and freshwater harmful algal blooms and hypoxia;
                    ``(F) scientists with expertise concerning harmful 
                algal blooms or hypoxia from academic or research 
                institutions; and
                    ``(G) other stakeholders.

    ``(e) Federal Register.--The Under Secretary shall publish the 
Action Strategy in the Federal Register.
    ``(f) <<NOTE: Review.>>  Periodic Revision.--The Under Secretary, in 
coordination and consultation with the individuals and entities under 
subsection (d), shall periodically review and revise the Action Strategy 
prepared under this section, as necessary.''.
SEC. 6. REPORTING.

    Section 603 <<NOTE: 16 USC 1451 note.>>  is amended by adding at the 
end the following:

    ``(j) Report.--Not later than 2 years after the date the Action 
Strategy is submitted under section 603B, the Under Secretary shall 
submit a report to Congress that describes--
            ``(1) the proceedings of the annual Task Force meetings;
            ``(2) the activities carried out under the Program, 
        including the regional and subregional parts of the Action 
        Strategy;
            ``(3) the budget related to the activities under paragraph 
        (2);

[[Page 128 STAT. 1384]]

            ``(4) the progress made on implementing the Action Strategy; 
        and
            ``(5) any need to revise or terminate research and 
        activities under the Program.''.
SEC. 7. NORTHERN GULF OF MEXICO HYPOXIA.

    Section 604 <<NOTE: 16 USC 1451 note.>>  is amended to read as 
follows:
``SEC. 604. NORTHERN GULF OF MEXICO HYPOXIA.

    ``(a) Initial Progress Reports.--Beginning not later than 12 months 
after the date of enactment of the Harmful Algal Bloom and Hypoxia 
Research and Control Amendments Act of 2014, and biennially thereafter, 
the Administrator, through the Mississippi River/Gulf of Mexico 
Watershed Nutrient Task Force, shall submit a progress report to the 
appropriate congressional committees and the President that describes 
the progress made by activities directed by the Mississippi River/Gulf 
of Mexico Watershed Nutrient Task Force and carried out or funded by the 
Environmental Protection Agency and other State and Federal partners 
toward attainment of the goals of the Gulf Hypoxia Action Plan 2008.
    ``(b) Contents.--Each report required under this section shall--
            ``(1) assess the progress made toward nutrient load 
        reductions, the response of the hypoxic zone and water quality 
        throughout the Mississippi/Atchafalaya River Basin, and the 
        economic and social effects;
            ``(2) evaluate lessons learned; and
            ``(3) recommend appropriate actions to continue to implement 
        or, if necessary, revise the strategy set forth in the Gulf 
        Hypoxia Action Plan 2008.''.
SEC. 8. GREAT LAKES HYPOXIA AND HARMFUL ALGAL BLOOMS.

    Section 605 <<NOTE: 16 USC 1451 note.>>  is amended to read as 
follows:
``SEC. 605. GREAT LAKES HYPOXIA AND HARMFUL ALGAL BLOOMS.

    ``(a) <<NOTE: Deadline.>>  Integrated Assessment.--Not later than 18 
months after the date of enactment of the Harmful Algal Bloom and 
Hypoxia Research and Control Amendments Act of 2014, 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 approaches to reduce hypoxia and 
harmful algal blooms in the Great Lakes, including the status of and 
gaps within current research, monitoring, management, prevention, 
response, and control activities by--
            ``(1) Federal agencies;
            ``(2) State agencies;
            ``(3) regional research consortia;
            ``(4) academia;
            ``(5) private industry; and
            ``(6) nongovernmental organizations.

    ``(b) Plan.--
            ``(1) <<NOTE: Deadline.>>  In general.--Not later than 2 
        years after the date of enactment of the Harmful Algal Bloom and 
        Hypoxia Research and Control Amendments Act of 2014, 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 hypoxia and harmful algal blooms in 
        the Great Lakes.

[[Page 128 STAT. 1385]]

            ``(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 Great Lakes hypoxia and harmful algal 
                bloom 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) describe efforts to improve the assessment of 
                the impacts of hypoxia and harmful algal blooms by--
                          ``(i) characterizing current and past 
                      biological conditions in ecosystems affected by 
                      hypoxia and harmful algal blooms; and
                          ``(ii) quantifying effects, including economic 
                      effects, at the population and community levels.
            ``(3) Requirements.--In developing the plan, the Task Force 
        shall--
                    ``(A) coordinate with State and local governments;
                    ``(B) <<NOTE: Consultation.>>  consult with 
                representatives from academic, agricultural, industry, 
                and other stakeholder groups, including relevant 
                Canadian agencies;
                    ``(C) ensure that the plan complements and does not 
                duplicate activities conducted by other Federal or State 
                agencies;
                    ``(D) identify critical research for reducing, 
                mitigating, and controlling hypoxia 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) <<NOTE: Federal Register, publication.>>  
                publish a summary of the proposed plan in the Federal 
                Register at least 180 days prior to submitting the 
                completed plan to Congress; and
                    ``(I) <<NOTE: Reports.>>  after submitting the 
                completed plan to Congress, provide biennial progress 
                reports on the activities toward achieving the 
                objectives of the plan.''.
SEC. 9. APPLICATION WITH OTHER LAWS.

    The Act is amended by adding after section 606 the following:
``SEC. 607. <<NOTE: 16 USC 1451 note.>>  EFFECT ON OTHER FEDERAL 
                        AUTHORITY.

    ``(a) Authority Preserved.--Nothing in this title supersedes or 
limits the authority of any agency to carry out its responsibilities and 
missions under other laws.
    ``(b) Regulatory Authority.--Nothing in this title may be construed 
as establishing new regulatory authority for any agency.''.
SEC. 10. DEFINITIONS; CONFORMING AMENDMENT.

    (a) In General.--The Act, as amended by section 9 of this Act, is 
further amended by adding after section 607 the following:
``SEC. 608. <<NOTE: 16 USC 1451 note.>>  DEFINITIONS.

    ``In this title:

[[Page 128 STAT. 1386]]

            ``(1) Action strategy.--The term `Action Strategy' means the 
        comprehensive research plan and action strategy established 
        under section 603B.
            ``(2) Administrator.--The term `Administrator' means the 
        Administrator of the Environmental Protection Agency.
            ``(3) Harmful algal bloom.--The term `harmful algal bloom' 
        means marine and freshwater phytoplankton that proliferate to 
        high concentrations, resulting in nuisance conditions or harmful 
        impacts on marine and aquatic ecosystems, coastal communities, 
        and human health through the production of toxic compounds or 
        other biological, chemical, and physical impacts of the algae 
        outbreak.
            ``(4) Hypoxia.--The term `hypoxia' means a condition where 
        low dissolved oxygen in aquatic systems causes stress or death 
        to resident organisms.
            ``(5) Program.--The term `Program' means the national 
        harmful algal bloom and hypoxia program established under 
        section 603A.
            ``(6) 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 Commonwealth of the Northern Mariana Islands, any 
        other territory or possession of the United States, and any 
        Indian tribe.
            ``(7) Task force.--The term `Task Force' means the Inter-
        Agency Task Force on Harmful Algal Blooms and Hypoxia under 
        section 603(a).
            ``(8) Under secretary.--The term `Under Secretary' means the 
        Under Secretary of Commerce for Oceans and Atmosphere.
            ``(9) United states coastal waters.--The term `United States 
        coastal waters' includes the Great Lakes.''.

    (b) Conforming Amendment.--Section 603(a) <<NOTE: 16 USC 1451 
note.>>  is amended by striking ``(hereinafter referred to as the `Task 
Force')''.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    The Act is further amended by adding after section 608 the 
following:
``SEC. 609. <<NOTE: 16 USC 1451 note.>>  AUTHORIZATION OF 
                        APPROPRIATIONS.

    ``(a) In General.--There is authorized to be appropriated to the 
Under Secretary to carry out sections 603A and 603B $20,500,000 for each 
of fiscal years 2014 through 2018.
    ``(b) Extramural Research Activities.--The Under Secretary shall 
ensure that a substantial portion of funds appropriated pursuant to 
subsection (a) that are used for research purposes are allocated to 
extramural research activities. <<NOTE: Publication. Lists.>>  For each 
fiscal year, the Under Secretary shall publish a list of all grant 
recipients and

[[Page 128 STAT. 1387]]

the amounts for all of the funds allocated for research purposes, 
specifying those allocated for extramural research activities.''.

    Approved June 30, 2014.

LEGISLATIVE HISTORY--S. 1254:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 113-471, Pt. 1 (Comm. on Science, Space, and 
Technology).
SENATE REPORTS: No. 113-121 (Comm. on Commerce, Science, and 
Transportation).
CONGRESSIONAL RECORD, Vol. 160 (2014):
            Feb. 12, considered and passed Senate.
            June 9, considered and passed House, amended.
            June 17, Senate concurred in House amendment.

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