S. 3191Senate110th Congress (2007-2009)In Committee

Harmful Algal Blooms and Hypoxia Amendments Act of 2008

Introduced June 25, 2008

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR S6163-6165)

June 25, 2008

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SenateIntro Referral

Introduced in Senate

June 25, 2008

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S6162-6163)

June 25, 2008

SenateIntro Referral

Read twice and referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR S6163-6165)

June 25, 2008

Floor Debate

5 members

What members said about S. 3191 on the floor

2 Republicans3 Democrats
Olympia J. Snowe
Sen. Olympia J. SnoweR-ME · Jun 25, 2008

Mr. President, I rise today to introduce the Harmful Algal Bloom and Hypoxia Amendments Act of 2008. This bill would enhance the research programs established in the Harmful Algal Blooms and Hypoxia…

Olympia J. Snowe
Sen. Olympia J. SnoweR-ME · Jun 25, 2008

Mr. President, I rise today to introduce the Harmful Algal Bloom and Hypoxia Amendments Act of 2008. This bill would enhance the research programs established in the Harmful Algal Blooms and Hypoxia…

Bill Nelson
Sen. Bill NelsonD-FL · Jun 25, 2008

Mr. President, I rise today to introduce legislation that will address an ongoing problem that adversely affects local communities and coastal areas around my home State of Florida and across coastal…

Bill Nelson
Sen. Bill NelsonD-FL · Jun 25, 2008

Mr. President, I rise today to introduce legislation that will address an ongoing problem that adversely affects local communities and coastal areas around my home State of Florida and across coastal…

Gordon H. Smith
Sen. Gordon H. SmithR-OR · Jun 25, 2008

Mr. President, I rise today with my colleague Senator Dodd to introduce a bill that will have a tremendous impact on millions of young adults in America who will suffer from mental illness in their…

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Charles E. Schumer
Sen. Charles E. SchumerD-NY · Jun 25, 2008

Mr. President, I am pleased to introduce today, along with my colleague from the House, Rep. Rahm Emanuel, an important and noncontroversial bill designed to increase the percentage of eligible…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Jun 25, 2008

Mr. President, when our National Guard and Reserve members return from active duty, the last thing they should have to worry about is struggling to catch up on the bills. Sadly, acute financial…

Bill Text

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Introduced in SenateIssued June 25, 2008
        [Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[S. 3191 Introduced in Senate (IS)]

2d Session
S. 3191

To develop and promote a comprehensive plan for a national strategy to
address harmful algal blooms and hypoxia through baseline research,
forecasting and monitoring, and mitigation and control while helping
communities detect, control, and mitigate coastal and Great Lakes
harmful algal blooms and hypoxia events.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

June 25, 2008

Ms. Snowe (for herself, Mr. Nelson of Florida, Ms. Cantwell, Mr. Kerry,
Mr. Vitter, Mr. Levin, Mr. Voinovich, Mrs. Boxer, Mr. Cardin, and Ms.
Mikulski) introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation.

_______________________________________________________________________

A BILL

To develop and promote a comprehensive plan for a national strategy to
address harmful algal blooms and hypoxia through baseline research,
forecasting and monitoring, and mitigation and control while helping
communities detect, control, and mitigate coastal and Great Lakes
harmful algal blooms and hypoxia events.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Harmful Algal
Blooms and Hypoxia Amendments Act of 2008''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Harmful Algal Bloom and Hypoxia Research and
Control Act of 1998.
Sec. 3. Findings.
Sec. 4. Purpose.
Sec. 5. Interagency task force on harmful algal blooms and hypoxia.
Sec. 6. National harmful algal bloom and hypoxia program.
Sec. 7. Regional research and action plans.
Sec. 8. Reporting.
Sec. 9. Pilot program for freshwater harmful algal blooms and hypoxia.
Sec. 10. Interagency financing.
Sec. 11. Application with other laws.
Sec. 12. Definitions.
Sec. 13. Authorization of appropriations.

SEC. 2. AMENDMENT OF HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND
CONTROL ACT OF 1998.

Except as otherwise expressly provided, whenever in this title 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. FINDINGS.

Section 602 is amended--
(1) by striking paragraph (8) and inserting the following:
``(8) harmful algal blooms and hypoxia can be triggered and
exacerbated by increases in nutrient loading from point and
non-point sources, much of which originates in upland areas and
is delivered to marine and freshwater bodies via river
discharge, thereby requiring integrated and landscape-level
research and control strategies;'';
(2) by striking ``and'' after the semicolon in paragraph
(11);
(3) by striking ``hypoxia.'' in paragraph (12) and
inserting ``hypoxia;''; and
(4) by adding at the end thereof the following:
``(13) harmful algal blooms and hypoxia affect many sectors
of the coastal economy, including tourism, public health, and
recreational and commercial fisheries; and according to a
recent report produced by NOAA, the United States seafood and
tourism industries suffer annual losses of $82 million due to
economic impacts of harmful algal blooms;
``(14) global climate change and its effect on oceans and
the Great Lakes may ultimately play a role in the increase or
decrease of harmful algal bloom and hypoxic events;
``(15) proliferations of harmful and nuisance algae can
occur in all United States waters, including coastal areas and
estuaries, the Great Lakes, and inland waterways, crossing
political boundaries and necessitating regional coordination
for research, monitoring, mitigation, response, and prevention
efforts; and
``(16) following passage of the Harmful Algal Bloom and
Hypoxia Research and Control Act of 1998, Federally-funded and
other research has led to several technological advances,
including remote sensing, molecular and optical tools,
satellite imagery, and coastal and ocean observing systems,
that provide data for forecast models, improve the monitoring
and prediction of these events, and provide essential decision
making tools for managers and stakeholders.''.

SEC. 4. PURPOSE.

The Act is amended by inserting after section 602 the following:

``SEC. 602A. PURPOSES.

``The purposes of this Act are--
``(1) to provide for the development and coordination of a
comprehensive and integrated national program to address
harmful algal blooms, hypoxia, and nuisance algae through
baseline research, monitoring, prevention, mitigation, and
control;
``(2) to provide for the assessment and consideration of
regional and national ecosystem, socio-economic, and human
health impacts of harmful and nuisance algal blooms and
hypoxia, and integration of that assessment into marine and
freshwater resource decisions; and
``(3) to facilitate regional, State, and local efforts to
develop and implement appropriate harmful algal bloom and
hypoxia event response plans, strategies, and tools including
outreach programs and information dissemination mechanisms.''.

SEC. 5. INTERAGENCY TASK FORCE ON HARMFUL ALGAL BLOOMS AND HYPOXIA.

(a) Federal Representatives.--Section 603(a) is amended--
(1) by striking ``The Task Force shall consist of the
following representatives from--'' and inserting ``The Task
Force shall consist of representatives of the Office of the
Secretary from each of the following departments and of the
office of the head of each of the following Federal
agencies:'';
(2) by striking ``the'' in paragraphs (1) through (11) and
inserting ``The'';
(3) by striking the semicolon in paragraphs (1) through
(10) and inserting a period.
(4) by striking ``Quality; and'' in paragraph (11) and
inserting ``Quality.''; and
(5) by striking ``such other'' in paragraph (12) and
inserting ``Other''.
(b) State Representatives.--Section 603 is amended--
(1) by redesignating subsections (b) through (i) as
subsections (c) through (j), respectively;
(2) by inserting after subsection (a) the following:
``(b) State Representatives.--The Secretary shall establish
criteria for determining appropriate States to serve on the Task Force
and establish and implement a nominations process to select
representatives from 2 appropriate States in different regions, on a
rotating basis, to serve 2-year terms on the Task Force.'';
(3) in subsection (h), as redesignated--
(A) by striking ``Not less than once every 5 years
the'' in paragraph (1) and inserting ``The'';
(B) by striking ``The first such'' in paragraph (1)
and inserting ``The'';
(C) by striking ``assessments'' in paragraph (2)
and inserting ``assessment''; and
(4) in subsection (i), as redesignated--
(A) by striking ``Not less than once every 5 years
the'' in paragraph (1) and inserting ``The'';
(B) by striking ``The first such'' in paragraph (1)
and inserting ``The'';
(C) by striking ``All subsequent assessments'' in
paragraph (1) and inserting ``The assessment''; and
(D) by striking ``assessments'' in paragraph (2)
and inserting ``assessment''.

SEC. 6. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA PROGRAM.

The Act is amended by inserting after section 603 the following:

``SEC. 603A. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA PROGRAM.

``(a) Establishment.--The President, acting through the Task Force,
shall establish and maintain a national program for integrating efforts
to address harmful algal bloom and hypoxia research, monitoring,
prediction, control, mitigation, prevention, and outreach.
``(b) Task Force Functions.--The Task Force shall be the oversight
body for the development and implementation of the national harmful
algal bloom and hypoxia program and shall--
``(1) coordinate interagency review of plans and policies
of the Program;
``(2) promote and review interagency work and spending
plans for implementing the activities of the Program;
``(3) review the Program's distribution of Federal grants
and funding to address research priorities;
``(4) support implementation of the actions and strategies
identified in the regional research and action plans under
subsection (d);
``(5) support the development of institutional mechanisms
and financial instruments to further the goals of the program;
``(6) expedite the interagency review process and ensure
timely review and dispersal of required reports and assessments
under this Act; and
``(7) promote the development of new technologies for
predicting, monitoring, and mitigating harmful algal blooms and
hypoxia conditions.
``(c) Lead Federal Agency.--NOAA shall be the lead Federal agency
for implementing and administering the National Harmful Algal Bloom and
Hypoxia Program.
``(d) Responsibilities.--The Program shall--
``(1) promote a national strategy to help communities
understand, detect, predict, control, and mitigate freshwater
and marine harmful algal bloom and hypoxia events;
``(2) plan, coordinate, and implement the National Harmful
Algal Bloom and Hypoxia Program; and
``(3) report to the Task Force via the Administrator.
``(e) Duties.--
``(1) Administrative duties.--The Program shall--
``(A) prepare interagency work and spending plans
for implementing the activities of the Program and
developing and implementing the Regional Research and
Action Plans;
``(B) administer merit-based, competitive grant
funding to support the projects maintained and
established by the Program, and to address the research
and management needs and priorities identified in the
Regional Research and Action Plans;
``(C) coordinate NOAA programs that address harmful
algal blooms and hypoxia and other ocean and Great
Lakes science and management programs and centers that
address the chemical, biological, and physical
components of harmful algal blooms and hypoxia;
``(D) coordinate and work cooperatively with other
Federal, State, and local government agencies and
programs that address harmful algal blooms and hypoxia;
``(E) coordinate with the State Department to
support international efforts on harmful algal bloom
and hypoxia information sharing, research, mitigation,
and control.''.
``(F) coordinate an outreach, education, and
training program that integrates and augments existing
programs to improve public education about and
awareness of the causes, impacts, and mitigation
efforts for harmful algal blooms and hypoxia;
``(G) facilitate and provide resources for training
of State and local coastal and water resource managers
in the methods and technologies for monitoring,
controlling, and mitigating harmful algal blooms and
hypoxia;
``(H) support regional efforts to control and
mitigate outbreaks through--
``(i) communication of the contents of the
Regional Research and Action Plans and
maintenance of online data portals for other
information about harmful algal blooms and
hypoxia to State and local stakeholders within
the region for which each plan is developed;
and
``(ii) overseeing the development, review,
and periodic updating of Regional Research and
Action Plans established under section 602C(b);
``(I) convene an annual meeting of the Task Force;
and
``(J) perform such other tasks as may be delegated
by the Task Force.
``(2) Program duties.--The Program shall--
``(A) maintain and enhance--
``(i) the Ecology and Oceanography of
Harmful Algal Blooms Program;
``(ii) the Monitoring and Event Response
for Harmful Algal Blooms Program;
``(iii) the Northern Gulf of Mexico
Ecosystems and Hypoxia Assessment Program;
``(iv) the Coastal Hypoxia Research
Program; and
``(v) other relevant NOAA programs;
``(B) establish--
``(i) a Mitigation and Control of Harmful
Algal Blooms Program--
``(I) to develop and promote
strategies for the prevention,
mitigation, and control of harmful
algal blooms;
``(II) to fund research that may
facilitate the prevention, mitigation,
and control of harmful algal blooms;
and
``(III) to develop and demonstrate
technology that may mitigate and
control harmful algal blooms; and
``(ii) other programs as necessary; and
``(C) work cooperatively with other offices,
centers, and programs within NOAA and other agencies
represented on the Task Force, States, and
nongovernmental organizations concerned with marine and
aquatic issues to manage data, products, and
infractructure, including--
``(i) compiling, managing, and archiving
data from relevant programs in Task Force
member agencies;
``(ii) creating data portals for general
education and data dissemination on
centralized, publicly available databases; and
``(iii) establishing communication routes
for data, predictions, and management tools
both to and from the regions, states, and local
communities.''.

SEC. 7. REGIONAL RESEARCH AND ACTION PLANS.

The Act, as amended by section 6, is amended by inserting after
section 602A the following:

``SEC. 602B. REGIONAL RESEARCH AND ACTION PLANS.

``(a) In General.--The Program shall--
``(1) oversee the development and implementation of
Regional Research and Action Plans; and
``(2) identify appropriate regions and sub-regions to be
addressed by each Regional Research and Action Plan.
``(b) Regional Panels of Experts.--As soon as practicable after the
date of enactment of the Harmful Algal Blooms and Hypoxia Amendments
Act of 2008, and every 5 years thereafter, the Program shall convene a
panel of experts for each region identified under subsection (a)(2)
from among--
``(1) State coastal management and planning officials;
``(2) 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;
``(3) public health officials;
``(4) emergency management officials;
``(5) nongovernmental organizations concerned with marine
and aquatic issues;
``(6) science and technology development institutions;
``(7) economists;
``(8) industries and businesses affected by coastal and
freshwater harmful algal blooms and hypoxia;
``(9) scientists, with expertise concerning harmful algal
blooms or hypoxia, from academic or research institutions; and
``(10) other stakeholders as appropriate.
``(c) Plan Development.--Each regional panel of experts shall
develop a Regional Research and Action Plan for its respective region
and submit it to the Program for approval and to the Task Force. The
Plan shall identify appropriate elements for the region, including--
``(1) baseline ecological, social, and economic research
needed to understand the biological, physical, and chemical
conditions that cause, exacerbate, and result from harmful
algal blooms and hypoxia;
``(2) regional priorities for ecological and socio-economic
research on issues related to, and impacts of, harmful algal
blooms and hypoxia;
``(3) research needed to develop and advance technologies
for improving capabilities to predict, monitor, prevent,
control, and mitigate harmful algal blooms and hypoxia;
``(4) State and local government actions that may be
implemented--
``(A) to support long-term monitoring efforts and
emergency monitoring as needed;
``(B) to minimize the occurrence of harmful algal
blooms and hypoxia;
``(C) to reduce the duration and intensity of
harmful algal blooms and hypoxia in times of emergency;
``(D) to address human health dimensions of harmful
algal blooms and hypoxia; and
``(E) to identify and protect vulnerable ecosystems
that could be, or have been, affected by harmful algal
blooms a