[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1254 Enrolled Bill (ENR)]
S.1254
One Hundred Thirteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and fourteen
An Act
To amend the Harmful Algal Blooms and Hypoxia Research and Control Act
of 1998, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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This Act may be cited as the ``Harmful Algal Bloom and Hypoxia
Research and Control Amendments Act of 2014''.

51191e6d7dcd8933c0bceb5e1e3376a8c757290e67fc38cc6a17a5131cf69be7

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).

40518c745ee3a320f294d91baab03cbe2feab0628b4c01b707ae007de424268d

Section 603(a) 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''.

3de5d345f966306ced5a30da02df98bdc40c8400ea9429a6357ee5c4fc4c7785

The Act is amended by inserting after section 603 the following:
``SEC. 603A. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA PROGRAM.
``(a) 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
``(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;
``(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).
``(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.''.

62054fc5f590f3caf19ca20d3348ae3a4f5154508835203e2e3b124ea889713e

The Act, as amended by section 4 of this Act, is further amended by
inserting after section 603A the following:
``SEC. 603B. COMPREHENSIVE RESEARCH PLAN AND ACTION STRATEGY.
``(a) 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;
``(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) 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) 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.''.

914de9e71d792fefc93028ce8e96ff8d880f0fda84104b059e7c7fa77fb64fd1

Section 603 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);
``(4) the progress made on implementing the Action Strategy;
and
``(5) any need to revise or terminate research and activities
under the Program.''.

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Section 604 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.''.

f0541b6d96c28795df974e2debe9d6129fa6039370462359ced648e64c644eb1

Section 605 is amended to read as follows:
``SEC. 605. GREAT LAKES HYPOXIA AND HARMFUL ALGAL BLOOMS.
``(a) 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) 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.
``(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) 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) 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) after submitting the completed plan to Congress,
provide biennial progress reports on the activities toward
achieving the objectives of the plan.''.

ac1d6d15c852813b2843ac36744e1e9821ea9a127afc52313a2686f6a474542e

The Act is amended by adding after section 606 the following:
``SEC. 607. 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.''.

a1874402f7175a96744110290e51fcadc3eea0e3c8fcb9bfa18793d85d5f9b51

(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. DEFINITIONS.
``In this title:
``(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) is amended by striking
``(hereinafter referred to as the `Task Force')''.

44d0ad33e309c827e470b23503c8ac281f84c91afbd736598509f677cc9f9bb2

The Act is further amended by adding after section 608 the
following:
``SEC. 609. 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. 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.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2014 — S. 1254

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