S. Rept. 115-145 - HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND CONTROL AMENDMENTS ACT OF 2017115th Congress (2017-2018)
Committee Report
Hide Overview| Report Type: | Senate Report |
|---|---|
| Accompanies: | S.1057 |
| Committees: |
Report text available as:
- TXT
- PDF (PDF provides a complete and accurate display of this text.) Tip ?
Calendar No. 205
115th Congress } { Report
SENATE
1st Session } { 115-145
_______________________________________________________________________
HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND CONTROL AMENDMENTS ACT OF
2017
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1057
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
August 3, 2017.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred fifteenth congress
first session
JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi BILL NELSON, Florida
ROY BLUNT, Missouri MARIA CANTWELL, Washington
TED CRUZ, Texas AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska RICHARD BLUMENTHAL, Connecticut
JERRY MORAN, Kansas BRIAN SCHATZ, Hawaii
DAN SULLIVAN, Alaska EDWARD J. MARKEY, Massachusetts
DEAN HELLER, Nevada CORY A. BOOKER, New Jersey
JAMES M. INHOFE, Oklahoma TOM UDALL, New Mexico
MIKE LEE, Utah GARY C. PETERS, Michigan
RON JOHNSON, Wisconsin TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West TAMMY DUCKWORTH, Illinois
Virginia
CORY GARDNER, Colorado MARGARET WOOD HASSAN,
TODD C. YOUNG, Indiana New Hampshire
CATHERINE CORTEZ MASTO, Nevada
Nick Rossi, Staff Director
Adrian Arnakis, Deputy Staff Director
Jason Van Beek, General Counsel
Kim Lipsky, Democratic Staff Director
Christopher Day, Democratic Deputy Staff Director
Calendar No. 205
115th Congress } { Report
SENATE
1st Session } { 115-145
======================================================================
HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND CONTROL AMENDMENTS ACT OF
2017
_______
August 3, 2017.--Ordered to be printed
_______
Mr. Thune, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 1057]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (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, having
considered the same, reports favorably thereon with an
amendment (in the nature of a substitute) and recommends that
the bill (as amended) do pass.
Background and Needs
S. 1057 would reauthorize the Harmful Algal Bloom and
Hypoxia Research and Control Act of 1998 (HABHRCA)\1\, which
was last reauthorized in 2014, from fiscal year (FY) 2018
through FY 2022. Congress passed the HABHRCA in 1998 to address
more frequent harmful algal blooms (HABs) and hypoxic events
(severe oxygen depletion). These events cause significant
economic harm to affected communities and can create massive
``dead zones'' that have deleterious consequences for local
ecosystems and economies.
This Act would build on previous authorizations by doing
the following: requiring more collaboration between agencies;
granting the Federal Government the authority to declare severe
algal blooms or hypoxic events as events of national
significance, triggering access to disaster-like funding; and
allowing private donations to be used to fund recovery for
events of national significance.
Harmful Algal Blooms
HABs occur when environmental conditions promote the rapid
growth of large numbers of single-celled algae in salt or fresh
water. While not all algal blooms are harmful, a small
percentage can produce toxins that negatively affect people,
fish, shellfish, and other animals. These blooms often discolor
the water and result in ``red tides'' or ``brown tides'' and
may directly or indirectly cause illness in people. Ingestion
of these toxins can cause gastric distress, liver damage, and
lung paralysis, and can lead to hospitalization or death.\2\
Swimming in or breathing the air near HABs can cause eye, nose,
and throat irritation, as well as shortness of breath.\3\
In addition to producing toxins, HABs may clog or lacerate
fish gills, decrease oxygen in the water (hypoxia), or block
sunlight for aquatic plants.\4\ A National Oceanic and
Atmospheric Administration (NOAA)-funded study by the Woods
Hole Oceanographic Institute estimated that the annual economic
impact of HABs in the United States is approximately
$50,000,000, including a cost of $18,000,000 to commercial
fishing industries, $7,000,000 for recreation and tourism
effects, and $2,000,000 for monitoring and management.\5\
Hypoxia
In aquatic systems, hypoxia refers to a situation where the
concentration of dissolved oxygen is reduced to less than 2 to
3 parts per million.\6\ Hypoxic areas, sometimes referred to as
``dead zones,'' frequently occur in coastal and estuarine areas
after the rapid growth of algae. When this explosive growth has
consumed all of the available nutrients, the algae begins to
die and decompose, aided by oxygen-consuming bacteria. As these
bacteria consume most of the available oxygen, a dead zone
develops. Animals that are able to swim away are less affected
by these dead zones; however, slow-moving fauna, such as
shellfish, are particularly susceptible to hypoxia and
suffocate.\7\
Impacted Areas
Almost every State in the United States experiences some
kind of HAB event. Domoic acid from HABs frequently causes
closures in the Dungeness crab and shellfish fisheries on the
West Coast, and was particularly devastating in the 2015 and
2016 seasons.\8\ Every spring, a large ``dead zone'' forms near
the mouth of the Mississippi in the Gulf of Mexico from
hypoxia, affecting the fishing and tourism economy.\9\ Long
Island Sound waters, shared by New York, Connecticut, and Rhode
Island, have frequent HAB events and fishery and shellfish
fishery closures, as well as warnings to keep pets and people
out of the water.\10\ Blooms in the Great Lakes and inland
fresh water lakes are frequent as well.\11\ The Environmental
Protection Agency (EPA) studied freshwater lakes with risk
conditions for exposure to cyanotoxins, a result of HABs, and
found that most States have at least one lake at risk.\12\
A massive HAB in 2016 off the south coast of Florida
demonstrated that, in addition to studying freshwater and
marine HABs, Federal scientific assessments also should address
blooms that begin in freshwater systems and migrate to coastal
waters. In 2016, a toxic bloom began in Lake Okeechobee and
spread to the Indian River Lagoon and the coastline, which
caused severe environmental and economic damage.\13\ However,
the HABHRCA currently only includes provisions for Federal
agencies to assess freshwater blooms and marine blooms, not
freshwater blooms that become marine blooms. This bill would
specify that future specific assessments include HABs that
begin in freshwater and spread to coastal waters.
Federal Efforts
The HABHRCA was enacted as title VI of the Coast Guard
Authorization Act of 1998.\14\ The HABHRCA aimed to facilitate
the development of a comprehensive Federal response to the
problems of HABs and hypoxia. The HABHRCA requires the
establishment of the Inter-agency Task Force on Harmful Algal
Blooms and Hypoxia (Inter-Agency Task Force) through the White
House Office of Science and Technology Policy (OSTP), which is
tasked with producing the following reports: an assessment of
HABs; an assessment of hypoxia; and an assessment on hypoxia in
the Northern Gulf of Mexico, which is required to be followed
by a plan for addressing that problem. The HABHRCA authorized
$25,500,000 in appropriations to the Secretary of Commerce for
FY 1999 through FY 2001.
The Harmful Algal Bloom and Hypoxia Amendments Act of 2004
(2004 Amendments Act),\15\ requires the Inter-Agency Task Force
to report to Congress on methods for prediction and for
prevention, control, and mitigation of HABs,\16\ and to develop
a National Scientific Research, Development, Demonstration, and
Technology Transfer Plan on Reducing Impacts from HABs.\17\ The
2004 Amendments Act also requires new assessments, including
the following: regional-scale assessments of HABs and
hypoxia;\18\ a scientific assessment of freshwater HABs;\19\ a
scientific assessment of coastal HABs;\20\ and scientific
assessments of hypoxia.\21\ The National Algal Bloom and
Hypoxia Program (Program) was authorized at $19,000,000
annually from FY 2005 through FY 2007.
In 2014, the HABHRCA was reauthorized and expanded, giving
NOAA the primary responsibility for administering the Program
and adding the Centers for Disease Control and Prevention (CDC)
to the Inter-Agency Task Force. At that time, the Task Force's
functions also were expanded to include coordinating the
interagency review process and promoting the development of new
technologies for predicting, monitoring, and mitigating HABs
and hypoxic conditions.\22\ The 2014 amendments to the HABHRCA
authorized $20,500,000 in appropriations for FY 2014 through FY
2017.
As lead on the Program, NOAA's mandate is to advance the
scientific understanding and ability to detect, monitor,
assess, and predict HAB and hypoxia events. This is
accomplished with funding for intramural and competitive
research programs, observing systems, and forecasting models.
NOAA and the EPA co-chair the Inter-Agency Task Force (with
NOAA as lead for marine environments and the EPA as lead for
freshwater), which is tasked with coordinating and convening
Federal agencies and their stakeholders to develop action plans
and assessments of HABs and hypoxia.\23\
The Inter-Agency Task Force currently includes the
Department of Commerce (who serves as the Chairperson of the
Task Force), the EPA, the Department of Agriculture, the
Department of the Interior, the Department of the Navy, the
Department of Health and Human Services, the National Science
Foundation, the National Aeronautics and Space Administration,
the Food and Drug Administration, OSTP, the Council on
Environmental Quality, the CDC, and such other Federal agencies
as the President considers appropriate.\24\
---------------------------------------------------------------------------
\1\33 U.S.C. Sec. 4001 et seq.
\2\International Joint Commission Health Professionals Advisory
Board, ``Human Health Effects from Harmful Algal Blooms: a Synthesis,''
November 22, 2013, at http://www.ijc.org/files/publications/Attachment
2 Human Health Effects from Harmful Algal Blooms.pdf.
\3\National Ocean Service (NOS), ``What is a red tide?,'' March 02,
2017, at http://oceanservice.noaa.gov/facts/redtide.html.
\4\NOS, ``Harmful Algal Blooms,'' February 23, 2017, at http://
oceanservice.noaa.gov/hazards/hab.
\5\Woods Hole Oceanographic Institute, Harmful Algae , July 11,
2016, at http://www.whoi.edu/redtide/page.do?pid=1531.
\6\Mississippi River Gulf of Mexico Watershed Nutrient Task Force,
``Hypoxia 101,'' at http://water.epa.gov/type/watersheds/named/msbasin/
hypoxia101.cfm.
\7\NOS, ``What is a dead zone?,'' September 03, 2014, at http://
oceanservice.noaa.gov/facts/deadzone.html.
\8\NOS, ``West Coast Harmful Algal Bloom,'' May 2, 2016, at http://
oceanservice.noaa.gov/news/sep15/westcoast-habs.html.
\9\National Centers for Coastal Ocean Science, ``Price of Shrimp
Impacted by Gulf of Mexico 'Dead Zone,''' January 30, 2017, at https://
coastalscience.noaa.gov/news/coastal-pollution/price-of-shrimp-
affected-by-gulf-of-mexico-dead-zone.
\10\New York Sea Grant, ``Harmful Algal Blooms: What's New,'' at
http://seagrant.sunysb.edu/articles/t/harmful-algal-blooms-what-s-new.
\11\Michigan Sea Grant, ``Harmful Algal Blooms in the Great
Lakes,'' at http://www.miseagrant.umich.edu/explore/coastal-
communities/harmful-algal-blooms-in-the-great-lakes.
\12\Environmental Protection Agency, ``Lakes Presenting Risk for
Exposure to Harmful Algal Toxins,'' January 24, 2017, at https://
www.epa.gov/nutrient-policy-data/lakes-presenting-risk-exposure-
harmful-algal-toxins.
\13\Kozacek, C. ``Toxic Algae Flourish as Everglades Solution
Eludes Florida,'' WaterNews, at http://www.circleofblue.org/2016/north-
america/toxic-algae-flourish-everglades-solution-eludes-florida.
\14\P.L. 105-383
\15\P.L. 108-456
\16\Jewett, E. B., C. B. Lopez, Q. Dortch, S. M. Etheridge, L. C.
Backer, 2008, ``Harmful Algal Bloom Management and Response: Assessment
and Plan,'' Inter-Agency Working Group on Harmful Algal Blooms,
Hypoxia, and Human Health of the Joint Subcommittee on Ocean Science
and Technology. Washington, D.C., at http://www.cop.noaa.gov/stressors/
extremeevents/hab/habhrca/HABMngmt_resp_9_08.pdf.
\17\See also the workshop report: Dortch, Q., D. M. Anderson, D. L.
Ayres, P. M. Glibert (eds.), ``Harmful Algal Bloom Research,
Development, Demonstration, and Technology Transfer National Workshop
Report,'' 2008, Woods Hole, Massachusetts, at http://www.whoi.edu/
fileserver.do?id=43464pt=10p=19132.
\18\For example, Mississippi River Gulf of Mexico Watershed
Nutrient Task Force, 2008, Gulf Hypoxia Action Plan, at http://
water.epa.gov/type/watersheds/named/msbasin/upload/
2008_8_28_msbasin_ghap2008_update082608.pdf.
\19\Lopez, C. B., E. B. Jewett, Q. Dortch, B. T. Walton, H. K.
Hudnell, ``Scientific Assessment of Freshwater Harmful Algal Blooms,''
2008, Inter-Agency Working Group on Harmful Algal Blooms, Hypoxia, and
Human Health of the Joint Subcommittee on Ocean Science and Technology.
Washington, D.C., at http://www.cop.noaa.gov/stressors/extremeevents/
hab/habhrca/FreshwaterReport_final_2008.pdf.
\20\Lopez, C. B., Q. Dortch, E. B. Jewett, D. Garrison, 2008,
``Scientific Assessment of Marine Harmful Algal Blooms,'' Inter-Agency
Working Group on Harmful Algal Blooms, Hypoxia, and Human Health of the
Joint Subcommittee on Ocean Science and Technology. Washington, D.C.,
at http://www.cop.noaa.gov/stressors/extremeevents/hab/habhrca/
assess_12-08.pdf.
\21\Committee on Environment and Natural Resources, ``Scientific
Assessment of Hypoxia in U.S. Coastal Waters,'' 2010, Inter-Agency
Working Group on Harmful Algal Blooms, Hypoxia, and Human Health of the
Joint Subcommittee on Ocean Science and Technology. Washington, D.C.,
at http://www.cop.noaa.gov/stressors/extremeevents/hab/habhrca/
hypoxiacoastalwaters.pdf.
\22\P.L. 113-124
\23\National Centers for Coastal and Ocean Science, ``Harmful Algal
Bloom and Hypoxia Research and Control Act,'' May 11, 2017, at http://
oceanservice.noaa.gov/facts/redtide.html.
\24\33 U.S.C. Sec. 4001
---------------------------------------------------------------------------
Summary of Provisions
This Act would reauthorize the Program from FY 2018 through
FY 2022. The bill also would do the following:
Require more collaboration between agencies.
Add the Army Corps of Engineers to the
Inter-Agency Task Force.
Grant the Federal Government the authority
to declare severe algal blooms or hypoxic events as
events of national significance.
Allow private donations to be used, along
with any Federal disaster-like funding, to fund
recovery for events of national significance.
Legislative History
S. 1057 was introduced on May 4, 2017, by Senators Nelson,
Peters, and Portman. There were a number of proposed bills in
the 114th Congress that addressed HABs, but none would have
reauthorized the Program. On May 18th, 2017, the Committee met
in open Executive Session and, by voice vote, ordered S. 1057
reported favorably with an amendment (in nature of a
substitute).
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 1057--Harmful Algal Bloom and Hypoxia Research and Control
Amendments Act of 2017
Summary: S. 1057 would reauthorize and modify the Harmful
Algal Bloom and Hypoxia Research and Control Act of 1998. The
bill would authorize the appropriation of $110 million over the
2019-2023 period for the National Oceanic and Atmospheric
Administration (NOAA) to mitigate the harmful effects of algal
blooms and hypoxia (reduced oxygen level) in certain bodies of
water.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing the legislation would cost $76
million over the 2018-2022 period and $33 million after 2022.
Enacting S. 1057 could affect direct spending; therefore, pay-
as-you-go procedures apply. However, CBO estimates that the net
effect would be negligible. Enacting the bill would not affect
revenues.
CBO estimates that enacting S. 1057 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
S. 1057 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 1057 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
----------------------------------------------------------------------
2017 2018 2019 2020 2021 2022 2017-2022
----------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level...................... 0 0 22 22 22 22 88
Estimated Outlays........................ 0 0 14 19 21 22 76
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted near the end of fiscal year 2017
and that the authorized amounts will be appropriated for each
fiscal year. Estimated outlays are based on historical spending
patterns for similar NOAA activities.
S. 1057 would authorize the appropriation of $22 million
each year from 2019 through 2023 for certain NOAA activities
related to mitigating and responding to the harmful effects of
algal blooms and hypoxia in coastal waters and the Great Lakes.
Those activities include providing grants, conducting research,
preparing reports, and overseeing an interagency task force. In
2017, NOAA allocated $14 million for similar activities. CBO
estimates that implementing the legislation would cost $76
million over the 2018-2022 period and $33 million after 2022.
Pay-As-You-Go considerations: S. 1057 would allow NOAA to
collect and spend, without further appropriation, monetary
gifts to assist states and localities affected by significant
hypoxia or harmful algal bloom events. Such gifts would be
recorded in the budget as reductions in direct spending.
Because CBO expects that any gifts would be spent soon after
they are received, we estimate that any net change in direct
spending would be negligible.
Intergovernmental and private-sector impact: S. 1057
contains no intergovernmental or private-sector mandates as
defined in UMRA. The bill would benefit state and local
governments by authorizing federal financial assistance for
those entities to respond to major algal blooms. Any costs
incurred by those entities, including cost-sharing
contributions, would result from voluntary commitments.
Estimate prepared by: Federal costs: Janani Shankaran;
Impact on state, local, and tribal governments: Jon Sperl;
Impact on the private sector: Amy Petz.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
number of persons covered
S. 1057, as reported, would not create any new programs or
impose any new regulatory requirements, and, therefore, would
not subject any individuals or businesses to new regulations.
economic impact
S. 1057, as reported, is not expected to have a negative
impact on the Nation's economy.
privacy
The reported bill would have no impact on the personal
privacy of individuals.
paperwork
S. 1057, as reported, would not increase paperwork
requirements for either the private or public sectors.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title.
This section would provide the short title of the bill, the
Harmful Algal Bloom and Hypoxia Research and Control Amendments
Act of 2017.
Section 2. References to the Harmful Algal Bloom and Hypoxia Research
and Control Act of 1998.
Any references of an amendment to or repeal of the Act
would be considered made to the Harmful Algal Bloom and Hypoxia
Research and Control Act of 1998.
Section 3. Inter-Agency Task Force.
This section would add the Army Corps of Engineers to the
Inter-Agency Task Force.
Section 4. Scientific assessments of freshwater harmful algal blooms.
This section would remove outdated scientific assessment
language and would specify that future scientific assessments
should include HABs in coastal waters and freshwater systems
and those that originate in freshwater lakes or rivers and
migrate to coastal waters.
Section 5. National Harmful Algal Bloom and Hypoxia Program.
This section would require the Under Secretary of Commerce
to engage local and regional stakeholders via a website about
the Program. It also would direct the Under Secretary to
include intervention and mitigation research as projects
available for competitive grant funding and provide technical
assistance to regional, State, tribal, and local governments.
It also would add unmanned systems as an option for
infrastructure for observations and require the Under Secretary
to develop contingency plans for long-term monitoring of
hypoxia.
Section 6. Consultation.
This section would make a technical correction to clarify
that assessments, reports, and plans are required under the
HABHRCA.
Section 7. Hypoxia or Harmful Algal Bloom of National Significance.
During the 2016 HAB event in southern Florida, the Governor
of Florida declared a state of emergency in four counties and
requested an emergency declaration from FEMA in order to
qualify for Federal disaster assistance. However, the request
was denied by FEMA because HABs and hypoxic events do not
qualify as disasters under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
This section would establish a process for the
Administrator of NOAA or the EPA to declare an event of
national significance, which would trigger access to disaster-
like funds in the case of a severe algae bloom or hypoxic
event. An event of national significance would mean a hypoxia
or HAB event that has had or will likely have significant
environmental, economic, or public health impacts on an
affected State. Geographic scope and the relative size in
relation to past occurrences would be considered when making
the determination. This section would require a 25 percent non-
Federal match for any funding for an event of national
significance. This is based on the fishery disaster provisions
in the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1801 et seq.), except that this provision would
allow for non-Federal donations to be made for the purposes of
funding recovery in the case of an event of national
significance. As with the existing law, the designation would
not result in automatic funding, but rather would make the
designated event eligible to receive funds appropriated for
remediation.
Section 8. Authorization of Appropriations.
Appropriations would be authorized for FY 2019 through FY
2023 at $22,000,000 annually. The current authorization of
$22,500,000 would continue through FY 2018.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND CONTROL ACT OF 1998
[33 U.S.C. 4001 et seq.]
SEC. 603. ASSESSMENTS.
[33 U.S.C. 4001]
(a) Establishment of Inter-Agency Task Force.--The President,
through the Committee on Environment and Natural Resources of
the National Science and Technology Council, shall establish an
Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia
(hereinafter referred to as the ``Task Force''). The Task Force
shall consist of a representative from--
(1) the Department of Commerce (who shall serve as
Chairman of the Task Force);
(2) the Environmental Protection Agency;
(3) the Department of Agriculture;
(4) the Department of the Interior;
(5) the Department of the Navy;
(6) the Department of Health and Human Services;
(7) the National Science Foundation;
(8) the National Aeronautics and Space
Administration;
(9) the Food and Drug Administration;
(10) the Office of Science and Technology Policy;
(11) the Council on Environmental Quality;
(12) the Centers for Disease Control and Prevention;
[and]
(13) the Army Corps of Engineers; and
[(13)](14) other Federal agencies as the President
considers appropriate.
(b) Assessment of Harmful Algal Blooms.--
(1) Not later than 12 months after the date of the
enactment of this title, the Task Force, in cooperation
with the coastal States, Indian tribes, and local
governments, industry (including agricultural
organizations), academic institutions, and non-
governmental organizations with expertise in coastal
zone management, shall complete and submit to the
Congress an assessment which examines the ecological
and economic consequences of harmful algal blooms,
alternatives for reducing, mitigating, and controlling
harmful algal blooms, and the social and economic costs
and benefits of such alternatives.
(2) The assessment shall--
(A) identify alternatives for preventing
unnecessary duplication of effort among Federal
agencies and departments with respect to
harmful algal blooms; and
(B) provide for Federal cooperation and
coordination with and assistance to the coastal
States, Indian tribes, and local governments in
the prevention, reduction, management,
mitigation, and control of harmful algal blooms
and their environmental and public health
impacts.
(c) Assessment of Hypoxia.--
(1) Not later than 12 months after the date of the
enactment of this title, the Task Force, in cooperation
with the States, Indian tribes, local governments,
industry, agricultural, academic institutions, and non-
governmental organizations with expertise in watershed
and coastal zone management, shall complete and submit
to the Congress an assessment which examines the
ecological and economic consequences of hypoxia in
United States coastal waters, alternatives for
reducing, mitigating, and controlling hypoxia, and the
social and economic costs and benefits of such
alternatives.
(2) The assessment shall--
(A) establish needs, priorities, and
guidelines for a peer-reviewed, interagency
research program on the causes,
characteristics, and impacts of hypoxia;
(B) identify alternatives for preventing
unnecessary duplication of effort among Federal
agencies and departments with respect to
hypoxia; and
(C) provide for Federal cooperation and
coordination with and assistance to the States,
Indian tribes, and local governments in the
prevention, reduction, management, mitigation,
and control of hypoxia and its environmental
impacts.
(d) Report to Congress on Harmful Algal Bloom Impacts.--
(1) Development.--Not later than 12 months after the
date of enactment of the Harmful Algal Bloom and
Hypoxia Amendments Act of 2004, the President, in
consultation with the chief executive officers of the
States, shall develop and submit to the Congress a
report that describes and evaluates the effectiveness
of measures described in paragraph (2) that may be
utilized to protect environmental and public health
from impacts of harmful algal blooms. In developing the
report, the President shall consult with the Task
Force, the coastal States, Indian tribes, local
governments, appropriate industries (including
fisheries, agriculture, and fertilizer), academic
institutions, and nongovernmental organizations with
expertise in coastal zone science and management, and
also consider the scientific assessments developed
under this Act.
(2) Requirements.--The report shall--
(A) review techniques for prediction of the
onset, course, and impacts of harmful algal
blooms including evaluation of their accuracy
and utility in protecting environmental and
public health and provisions for their
development;
(B) identify innovative research and
development methods for the prevention,
control, and mitigation of harmful algal blooms
and provisions for their development; and
(C) include incentive-based partnership
approaches regarding subparagraphs (A) and (B)
where practicable.
(3) Publication and opportunity for comment.--At
least 90 days before submitting the report to the
Congress, the President shall cause a summary of the
proposed plan to be published in the Federal Register
for a public comment period of not less than 60 days.
(4) Federal assistance.--The Secretary of Commerce,
in coordination with the Task Force and to the extent
of funds available, shall provide for Federal
cooperation with and assistance to the coastal States,
Indian tribes, and local governments regarding the
measures described in paragraph (2), as requested.
(e) Local and Regional Scientific Assessments.--
(1) In general.--The Secretary of Commerce, in
coordination with the Task Force and appropriate State,
Indian tribe, and local governments, to the extent of
funds available, shall provide for local and regional
scientific assessments of hypoxia and harmful algal
blooms, as requested by States, Indian tribes, and
local governments, or for affected areas as identified
by the Secretary. If the Secretary receives multiple
requests, the Secretary shall ensure, to the extent
practicable, that assessments under this subsection
cover geographically and ecologically diverse locations
with significant ecological and economic impacts from
hypoxia or harmful algal blooms. The Secretary shall
establish a procedure for reviewing requests for local
and regional assessments. The Secretary shall ensure,
through consultation with Sea Grant Programs, that the
findings of the assessments are communicated to the
appropriate State, Indian tribe, and local governments,
and to the general public.
(2) Purpose.--Local and regional assessments shall
examine--
(A) the causes and ecological consequences,
and the economic cost, of hypoxia or harmful
algal blooms in that area;
(B) potential methods to prevent, control,
and mitigate hypoxia or harmful algal blooms in
that area and the potential ecological and
economic costs and benefits of such methods;
and
(C) other topics the Task Force considers
appropriate.
[(f) Scientific Assessment of Freshwater Harmful Algal
Blooms.--
[(1) Not later than 24 months after the date of
enactment of the Harmful Algal Bloom and Hypoxia
Amendments Act of 2004 the Task Force shall complete
and submit to Congress a scientific assessment of
current knowledge about harmful algal blooms in
freshwater, such as the Great Lakes and upper reaches
of estuaries, including a research plan for
coordinating Federal efforts to better understand
freshwater harmful algal blooms.
[(2) The freshwater harmful algal bloom scientific
assessment shall--
[(A) examine the causes and ecological
consequences, and the economic costs, of
harmful algal blooms with significant effects
on freshwater, including estimations of the
frequency and occurrence of significant events;
[(B) establish priorities and guidelines for
a competitive, peer-reviewed, merit-based
interagency research program, as part of the
Ecology and Oceanography of Harmful Algal
Blooms (ECOHAB) project, to better understand
the causes, characteristics, and impacts of
harmful algal blooms in freshwater locations;
and
[(C) identify ways to improve coordination
and to prevent unnecessary duplication of
effort among Federal agencies and departments
with respect to research on harmful algal
blooms in freshwater locations.]
[(g)](f) Scientific Assessments of Hypoxia.--
(1) Not less than once every 5 years the Task Force
shall complete and submit to the Congress a scientific
assessment of hypoxia in United States coastal waters
including the Great Lakes. The first such assessment
shall be completed not less than 24 months after the
date of enactment of the Harmful Algal Bloom and
Hypoxia Amendments Act of 2004.
(2) The assessments under this subsection shall--
(A) examine the causes and ecological
consequences, and the economic costs, of
hypoxia;
(B) describe the potential ecological and
economic costs and benefits of possible policy
and management actions for preventing,
controlling, and mitigating hypoxia;
(C) evaluate progress made by, and the needs
of, Federal research programs on the causes,
characteristics, and impacts of hypoxia,
including recommendations of how to eliminate
significant gaps in hypoxia modeling and
monitoring data; and
(D) identify ways to improve coordination and
to prevent unnecessary duplication of effort
among Federal agencies and departments with
respect to research on hypoxia.
[(h) Scientific Assessments of Harmful Algal Blooms.--
[(1) Not 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. The first such assessment shall be
completed not later than 24 months after the date of
enactment of the Harmful Algal Bloom and Hypoxia
Amendments Act of 2004 and shall consider only marine
harmful algal blooms. All subsequent assessments shall
examine both marine and freshwater harmful algal
blooms, including those in the Great Lakes and upper
reaches of estuaries.
[(2) The assessments under this subsection shall--
[(A) examine the causes and ecological
consequences, and economic costs, of harmful
algal blooms;
[(B) describe the potential ecological and
economic costs and benefits of possible actions
for preventing, controlling, and mitigating
harmful algal blooms;
[(C) evaluate progress made by, and the needs
of, Federal research programs on the causes,
characteristics, and impacts of harmful algal
blooms; and
[(D) identify ways to improve coordination
and to prevent unnecessary duplication of
effort among Federal agencies and departments
with respect to research on harmful algal
blooms.]
(g) Scientific Assessments of Marine and Freshwater Harmful
Algal Blooms.--Not 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 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.
[(i)](h) National Scientific Research, Development,
Demonstration, and Technology Transfer Plan on Reducing Impacts
From Harmful Algal Blooms.--
(1) Not later than 12 months after the date of
enactment of the Harmful Algal Bloom and Hypoxia
Amendments Act of 2004, the Task Force shall develop
and submit to Congress a plan providing for a
comprehensive and coordinated national research program
to develop and demonstrate prevention, control, and
mitigation methods to reduce the impacts of harmful
algal blooms on coastal ecosystems (including the Great
Lakes), public health, and the economy.
(2) The plan shall--
(A) establish priorities and guidelines for a
competitive, peer reviewed, merit based
interagency research, development,
demonstration, and technology transfer program
on methods for the prevention, control, and
mitigation of harmful algal blooms;
(B) identify ways to improve coordination and
to prevent unnecessary duplication of effort
among Federal agencies and departments with
respect to the actions described in paragraph
(1); and
(C) include to the maximum extent practicable
diverse institutions, including Historically
Black Colleges and Universities and those
serving large proportions of Hispanics, Native
Americans, Asian Pacific Americans, and other
underrepresented populations.
(3) The Secretary of Commerce, in conjunction with
other appropriate Federal agencies, shall establish a
research, development, demonstration, and technology
transfer program that meets the priorities and
guidelines established under paragraph (2)(A). The
Secretary shall ensure, through consultation with Sea
Grant Programs, that the results and findings of the
program are communicated to State, Indian tribe, and
local governments, and to the general public.
[(j)](i) 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);
(4) the progress made on implementing the Action
Strategy; and
(5) any need to revise or terminate research and
activities under the Program.
SEC. 603A. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA PROGRAM.
[33 U.S.C. 4002]
(a) * * *
(e) Program Duties.--In administering the Program, the Under
Secretary shall--
(1) promote the Program, including to local and
regional stakeholders through the establishment and
maintenance of a publicly accessible Internet website
that provides information as to Program activities
completed under this section;
(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; and
(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;
(4) coordinate with [and work cooperatively with],
and work cooperatively to provide technical assistance
to, 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;
(7) integrate, coordinate, and augment existing
education and extension programs to improve public
understanding and awareness of the causes, impacts,
intervention, 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, which shall include unmanned systems,
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[.];
(7) use cost effective methods in carrying out this
Act; and
(8) develop contingency plans for the long-term
monitoring of hypoxia.
(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).
(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) 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. 609. AUTHORIZATION OF APPROPRIATIONS.
[33 U.S.C. 4009]
(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, and
$22,000,000 for each of fiscal years 2019 through 2023.
(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. For each
fiscal year, the Under Secretary shall publish a list of all
grant recipients and the amounts for all of the funds allocated
for research purposes, specifying those allocated for
extramural research activities.
HARMFUL ALGAL BLOOM AND HYPOXIA AMENDMENTS ACT OF 2004
[Public Law 108-456; 118 Stat. 3630]
SEC. 102. RETENTION OF TASK FORCE.
[33 U.S.C. 4001a]
In developing the assessments, reports, and plans under [the
amendments made by this title] the Harmful Algal Bloom and
Hypoxia Research and Control Act of 1998, the Task Force shall
consult with the coastal States, Indian tribes, local
governments, appropriate industries (including fisheries,
agriculture, and fertilizer), academic institutions, and
nongovernmental organizations with expertise in coastal zone
science and management.
[all]