S 3191 ISCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

June 25, 2008CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

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

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’.CommentsClose CommentsPermalink





(b) TABLE OF CONTENTS- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Amendment of Harmful Algal Bloom and Hypoxia Research and Control Act of 1998.CommentsClose CommentsPermalink





Sec. 3. Findings.CommentsClose CommentsPermalink





Sec. 4. Purpose.CommentsClose CommentsPermalink





Sec. 5. Interagency task force on harmful algal blooms and hypoxia.CommentsClose CommentsPermalink





Sec. 6. National harmful algal bloom and hypoxia program.CommentsClose CommentsPermalink





Sec. 7. Regional research and action plans.CommentsClose CommentsPermalink





Sec. 8. Reporting.CommentsClose CommentsPermalink





Sec. 9. Pilot program for freshwater harmful algal blooms and hypoxia.CommentsClose CommentsPermalink





Sec. 10. Interagency financing.CommentsClose CommentsPermalink





Sec. 11. Application with other laws.CommentsClose CommentsPermalink





Sec. 12. Definitions.CommentsClose CommentsPermalink





Sec. 13. Authorization of appropriations.CommentsClose CommentsPermalink

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).CommentsClose CommentsPermalink

SEC. 3. FINDINGS.

Section 602 is amended--CommentsClose CommentsPermalink





(1) by striking paragraph (8) and inserting the following:CommentsClose CommentsPermalink





‘(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;’;CommentsClose CommentsPermalink





(2) by striking ‘and’ after the semicolon in paragraph (11);CommentsClose CommentsPermalink





(3) by striking ‘hypoxia.’ in paragraph (12) and inserting ‘hypoxia;’; andCommentsClose CommentsPermalink





(4) by adding at the end thereof the following:CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

SEC. 4. PURPOSE.

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

‘SEC. 602A. PURPOSES.

‘The purposes of this Act are--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

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

(a) FEDERAL REPRESENTATIVES- Section 603(a) is amended--CommentsClose CommentsPermalink





(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:’;CommentsClose CommentsPermalink





(2) by striking ‘the’ in paragraphs (1) through (11) and inserting ‘The’;CommentsClose CommentsPermalink





(3) by striking the semicolon in paragraphs (1) through (10) and inserting a period.CommentsClose CommentsPermalink





(4) by striking ‘Quality; and’ in paragraph (11) and inserting ‘Quality.’; andCommentsClose CommentsPermalink





(5) by striking ‘such other’ in paragraph (12) and inserting ‘Other’.CommentsClose CommentsPermalink





(b) STATE REPRESENTATIVES- Section 603 is amended--CommentsClose CommentsPermalink





(1) by redesignating subsections (b) through (i) as subsections (c) through (j), respectively;CommentsClose CommentsPermalink





(2) by inserting after subsection (a) the following:CommentsClose CommentsPermalink





‘(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.’;CommentsClose CommentsPermalink





(3) in subsection (h), as redesignated--CommentsClose CommentsPermalink





(A) by striking ‘Not less than once every 5 years the’ in paragraph (1) and inserting ‘The’;CommentsClose CommentsPermalink





(B) by striking ‘The first such’ in paragraph (1) and inserting ‘The’;CommentsClose CommentsPermalink





(C) by striking ‘assessments’ in paragraph (2) and inserting ‘assessment’; andCommentsClose CommentsPermalink





(4) in subsection (i), as redesignated--CommentsClose CommentsPermalink





(A) by striking ‘Not less than once every 5 years the’ in paragraph (1) and inserting ‘The’;CommentsClose CommentsPermalink





(B) by striking ‘The first such’ in paragraph (1) and inserting ‘The’;CommentsClose CommentsPermalink





(C) by striking ‘All subsequent assessments’ in paragraph (1) and inserting ‘The assessment’; andCommentsClose CommentsPermalink





(D) by striking ‘assessments’ in paragraph (2) and inserting ‘assessment’.CommentsClose CommentsPermalink

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

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

‘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.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(1) coordinate interagency review of plans and policies of the Program;CommentsClose CommentsPermalink





‘(2) promote and review interagency work and spending plans for implementing the activities of the Program;CommentsClose CommentsPermalink





‘(3) review the Program’s distribution of Federal grants and funding to address research priorities;CommentsClose CommentsPermalink





‘(4) support implementation of the actions and strategies identified in the regional research and action plans under subsection (d);CommentsClose CommentsPermalink





‘(5) support the development of institutional mechanisms and financial instruments to further the goals of the program;CommentsClose CommentsPermalink





‘(6) expedite the interagency review process and ensure timely review and dispersal of required reports and assessments under this Act; andCommentsClose CommentsPermalink





‘(7) promote the development of new technologies for predicting, monitoring, and mitigating harmful algal blooms and hypoxia conditions.CommentsClose CommentsPermalink





‘(c) LEAD FEDERAL AGENCY- NOAA shall be the lead Federal agency for implementing and administering the National Harmful Algal Bloom and Hypoxia Program.CommentsClose CommentsPermalink





‘(d) RESPONSIBILITIES- The Program shall--CommentsClose CommentsPermalink





‘(1) promote a national strategy to help communities understand, detect, predict, control, and mitigate freshwater and marine harmful algal bloom and hypoxia events;CommentsClose CommentsPermalink





‘(2) plan, coordinate, and implement the National Harmful Algal Bloom and Hypoxia Program; andCommentsClose CommentsPermalink





‘(3) report to the Task Force via the Administrator.CommentsClose CommentsPermalink





‘(e) Duties-CommentsClose CommentsPermalink





‘(1) ADMINISTRATIVE DUTIES- The Program shall--CommentsClose CommentsPermalink





‘(A) prepare interagency work and spending plans for implementing the activities of the Program and developing and implementing the Regional Research and Action Plans;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(D) coordinate and work cooperatively with other Federal, State, and local government agencies and programs that address harmful algal blooms and hypoxia;CommentsClose CommentsPermalink





‘(E) coordinate with the State Department to support international efforts on harmful algal bloom and hypoxia information sharing, research, mitigation, and control.’.CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(H) support regional efforts to control and mitigate outbreaks through--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(ii) overseeing the development, review, and periodic updating of Regional Research and Action Plans established under section 602C(b);CommentsClose CommentsPermalink





‘(I) convene an annual meeting of the Task Force; andCommentsClose CommentsPermalink





‘(J) perform such other tasks as may be delegated by the Task Force.CommentsClose CommentsPermalink





‘(2) PROGRAM DUTIES- The Program shall--CommentsClose CommentsPermalink





‘(A) maintain and enhance--CommentsClose CommentsPermalink





‘(i) the Ecology and Oceanography of Harmful Algal Blooms Program;CommentsClose CommentsPermalink





‘(ii) the Monitoring and Event Response for Harmful Algal Blooms Program;CommentsClose CommentsPermalink





‘(iii) the Northern Gulf of Mexico Ecosystems and Hypoxia Assessment Program;CommentsClose CommentsPermalink





‘(iv) the Coastal Hypoxia Research Program; andCommentsClose CommentsPermalink





‘(v) other relevant NOAA programs;CommentsClose CommentsPermalink





‘(B) establish--CommentsClose CommentsPermalink





‘(i) a Mitigation and Control of Harmful Algal Blooms Program--CommentsClose CommentsPermalink





‘(I) to develop and promote strategies for the prevention, mitigation, and control of harmful algal blooms;CommentsClose CommentsPermalink





‘(II) to fund research that may facilitate the prevention, mitigation, and control of harmful algal blooms; andCommentsClose CommentsPermalink





‘(III) to develop and demonstrate technology that may mitigate and control harmful algal blooms; andCommentsClose CommentsPermalink





‘(ii) other programs as necessary; andCommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(i) compiling, managing, and archiving data from relevant programs in Task Force member agencies;CommentsClose CommentsPermalink





‘(ii) creating data portals for general education and data dissemination on centralized, publicly available databases; andCommentsClose CommentsPermalink





‘(iii) establishing communication routes for data, predictions, and management tools both to and from the regions, states, and local communities.’.CommentsClose CommentsPermalink

SEC. 7. REGIONAL RESEARCH AND ACTION PLANS.

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

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

‘(a) IN GENERAL- The Program shall--CommentsClose CommentsPermalink





‘(1) oversee the development and implementation of Regional Research and Action Plans; andCommentsClose CommentsPermalink





‘(2) identify appropriate regions and sub-regions to be addressed by each Regional Research and Action Plan.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(1) State coastal management and planning officials;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(3) public health officials;CommentsClose CommentsPermalink





‘(4) emergency management officials;CommentsClose CommentsPermalink





‘(5) nongovernmental organizations concerned with marine and aquatic issues;CommentsClose CommentsPermalink





‘(6) science and technology development institutions;CommentsClose CommentsPermalink





‘(7) economists;CommentsClose CommentsPermalink





‘(8) industries and businesses affected by coastal and freshwater harmful algal blooms and hypoxia;CommentsClose CommentsPermalink





‘(9) scientists, with expertise concerning harmful algal blooms or hypoxia, from academic or research institutions; andCommentsClose CommentsPermalink





‘(10) other stakeholders as appropriate.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(2) regional priorities for ecological and socio-economic research on issues related to, and impacts of, harmful algal blooms and hypoxia;CommentsClose CommentsPermalink





‘(3) research needed to develop and advance technologies for improving capabilities to predict, monitor, prevent, control, and mitigate harmful algal blooms and hypoxia;CommentsClose CommentsPermalink





‘(4) State and local government actions that may be implemented--CommentsClose CommentsPermalink





‘(A) to support long-term monitoring efforts and emergency monitoring as needed;CommentsClose CommentsPermalink





‘(B) to minimize the occurrence of harmful algal blooms and hypoxia;CommentsClose CommentsPermalink





‘(C) to reduce the duration and intensity of harmful algal blooms and hypoxia in times of emergency;CommentsClose CommentsPermalink





‘(D) to address human health dimensions of harmful algal blooms and hypoxia; andCommentsClose CommentsPermalink





‘(E) to identify and protect vulnerable ecosystems that could be, or have been, affected by harmful algal blooms and hypoxia;CommentsClose CommentsPermalink





‘(5) mechanisms by which data and products are transferred between the Program and State and local governments and research entities;CommentsClose CommentsPermalink





‘(6) communication, outreach and information dissemination efforts that State and local governments and nongovernmental organizations can undertake to educate and inform the public concerning harmful algal blooms and hypoxia and alternative coastal resource-utilization opportunities that are available; andCommentsClose CommentsPermalink





‘(7) pilot projects, if appropriate, that may be implemented on local, State, and regional scales to address the research priorities and response actions identified in the Plan.CommentsClose CommentsPermalink





‘(d) PLAN TIMELINES; UPDATES- The Program shall ensure that--CommentsClose CommentsPermalink





‘(1) not less than 50 percent of the Regional Research and Action Plans developed under this section are completed and approved by the Program within 12 months after the date of enactment of the Harmful Algal Blooms and Hypoxia Amendments Act of 2008;CommentsClose CommentsPermalink





‘(2) the remaining Regional Research and Action Plans are completed and approved by the Program within 24 months after such date of enactment; andCommentsClose CommentsPermalink





‘(3) each Regional Research and Action Plan is updated no less frequently than once every 5 years.CommentsClose CommentsPermalink





‘(e) Funding-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Subject to available appropriations, the Program shall make funding available to eligible organizations to implement the research, monitoring, forecasting, modeling, and response actions included under each approved Regional Research and Action Plan. The Program shall select recipients through a merit-based, competitive process and seek to fund research proposals that most effectively align with the research priorities identified in the relevant Regional Research and Action Plan.CommentsClose CommentsPermalink





‘(2) APPLICATION; ASSURANCES- Any organization seeking funding under this subsection shall submit an application to the Program at such time, in such form and manner, and containing such information and assurances as the Program may require. The Program shall require any organization receiving funds under this subsection to utilize the mechanisms described in subsection (c)(5) to ensure the transfer of data and products developed under the Plan.CommentsClose CommentsPermalink





‘(3) ELIGIBLE ORGANIZATION- In this subsection, the term ‘eligible organization’ means--CommentsClose CommentsPermalink





‘(A) a nongovernmental researcher or organization; orCommentsClose CommentsPermalink





‘(B) any other entity that applies for funding to implement the State, local, and non-governmental control, mitigation, and prevention strategies identified in the relevant Regional Research and Action Plan.CommentsClose CommentsPermalink





‘(f) EMERGENCY REVIEWS- If the Program determines that an intermediate review is necessary to address emergent needs in harmful algal blooms and hypoxia under a Regional Research and Action Plan, it shall notify the Task Force and reconvene the relevant regional panel of experts for the purpose of revising the Regional Research and Action Plan so as to address the emergent threat or need.’.CommentsClose CommentsPermalink

SEC. 8. REPORTING.

Section 603, as amended by section 5, is amended by adding at the end thereof the following:CommentsClose CommentsPermalink





‘(k) BIANNUAL REPORTS- The Program shall prepare biannual reports for the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committees on Science and Technology and on Natural Resources that describe--CommentsClose CommentsPermalink





‘(1) activities, budgets, and progress on implementing the national harmful algal bloom and hypoxia program;CommentsClose CommentsPermalink





‘(2) the proceedings of the annual Task Force meeting; andCommentsClose CommentsPermalink





‘(3) the status, activities, and funding for implementation of the Regional Research and Action Plans, including a description of research funded under the program and actions and outcomes of Plan response strategies carried out by States.CommentsClose CommentsPermalink





‘(l) Quinquennial Reports-CommentsClose CommentsPermalink





‘(1) HARMFUL ALGAL BLOOM AND HYPOXIA ASSESSMENTS- Not less than once every 5 years after the date of enactment of the Harmful Algal Blooms and Hypoxia Amendments Act of 2008, the Task Force shall prepare a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committees on Science and Technology and on Natural Resources that--CommentsClose CommentsPermalink





‘(A) describes the state of knowledge on harmful algal blooms and hypoxia in marine and freshwater systems, including the causes and ecological consequences;CommentsClose CommentsPermalink





‘(B) describes the social and economic impacts of harmful algal blooms and hypoxia and strategies for their minimization and mitigation;CommentsClose CommentsPermalink





‘(C) describes the human health impacts of harmful algal blooms and hypoxia, including any gaps in existing research;CommentsClose CommentsPermalink





‘(D) describes progress on developing technologies and advancing capabilities for monitoring, forecasting, modeling, control, mitigation, and prevention of harmful algal blooms and hypoxia and implementation of strategies for achieving these goals;CommentsClose CommentsPermalink





‘(E) describes progress on, and techniques for, integrating landscape- and watershed-level water quality information into marine and freshwater harmful algal bloom and hypoxia prevention and mitigation strategies, including projects at the Federal and regional levels;CommentsClose CommentsPermalink





‘(F) describes communication, outreach, and education efforts to raise public awareness of harmful algal blooms and hypoxia, their impacts, and the methods for mitigation and prevention;CommentsClose CommentsPermalink





‘(G) includes recommendations for integrating and improving future national, regional, State, and local policies and strategies for preventing and mitigating the occurrence and impacts of harmful algal blooms and hypoxia; andCommentsClose CommentsPermalink





‘(H) describes impacts of harmful algal blooms and hypoxia on coastal communities and a review of those communities’ efforts and associated economic costs related to event forecasting, planning, mitigation, response, and public outreach and education.CommentsClose CommentsPermalink





‘(2) PUBLIC COMMENT- At least 90 days before submitting the report to Congress, the Secretary shall publish the draft report in the Federal Register for a comment period of not less than 60 days.’.CommentsClose CommentsPermalink

SEC. 9. PILOT PROGRAM FOR FRESHWATER HARMFUL ALGAL BLOOMS AND HYPOXIA.

The Act, as amended by section 7, is amended by inserting after section 603B the following:CommentsClose CommentsPermalink

‘SEC. 603C. PILOT PROGRAM FOR FRESHWATER HARMFUL ALGAL BLOOMS AND HYPOXIA.

‘(a) PILOT PROGRAM- The Secretary shall establish a collaborative pilot program with the Environmental Protection Agency and other appropriate Federal agencies to examine harmful algal blooms and hypoxia occurring in freshwater systems. The pilot program shall--CommentsClose CommentsPermalink





‘(1) be established in the Mississippi River Basin watershed;CommentsClose CommentsPermalink





‘(2) assess the issues associated with, and impacts of, harful algal blooms and hypoxia in freshwater ecosystems;CommentsClose CommentsPermalink





‘(3) research the efficacy of mitigation measures, including measures to reduce nutrient loading; andCommentsClose CommentsPermalink





‘(4) recommend potential management solutions.CommentsClose CommentsPermalink





‘(b) REPORT- The Secretary of Commerce, in consultation with other participating Federal agencies, shall conduct an assessment of the effectiveness of the pilot program in improving freshwater habitat quality and publish a report, available to the public, of the results of the assessment.’.CommentsClose CommentsPermalink

SEC. 10. INTERAGENCY FINANCING.

The Act is amended by inserting after section 604 the following:CommentsClose CommentsPermalink

‘SEC. 604A. INTERAGENCY FINANCING.

‘The departments and agencies represented on the Task Force are authorized to participate in interagency financing and share, transfer, receive, obligate, and expend funds appropriated to any member of the Task Force for the purposes of carrying out any administrative or programmatic project or activity under this Act, including support for the Program, a common infrastructure, information sharing, and system integration for harmful algal bloom and hypoxia research, monitoring, forecasting, prevention, and control. Funds may be transferred among such departments and agencies through an appropriate instrument that specifies the goods, services, or space being acquired from another Task Force member and the costs of the same.’.CommentsClose CommentsPermalink

SEC. 11. APPLICATION WITH OTHER LAWS.

The Act is amended by inserting after section 606 the following:CommentsClose CommentsPermalink

‘SEC. 607. EFFECT ON OTHER FEDERAL AUTHORITY.

‘Nothing in this title supersedes or limits the authority of any agency to carry out its responsibilities and missions under other laws.’.CommentsClose CommentsPermalink

SEC. 12. DEFINITIONS.

(a) IN GENERAL- The Act is amended by inserting after section 605 the following:CommentsClose CommentsPermalink

‘SEC. 605A. DEFINITIONS.

‘In this Act:CommentsClose CommentsPermalink





‘(1) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of the NOAA.CommentsClose CommentsPermalink





‘(2) 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.CommentsClose CommentsPermalink





‘(3) HYPOXIA- The term ‘hypoxia’ means a condition where low dissolved oxygen in aquatic systems causes stress or death to resident organisms.CommentsClose CommentsPermalink





‘(4) NOAA- The term ‘NOAA’ means the National Oceanic and Atmospheric Administration.CommentsClose CommentsPermalink





‘(5) PROGRAM- The term ‘Program’ means the Integrated Harmful Algal Bloom and Hypoxia Program established under section 602B.CommentsClose CommentsPermalink





‘(6) REGIONAL RESEARCH AND ACTION PLAN- The term ‘Regional Research and Action Plan’ means a plan established under section 602B.CommentsClose CommentsPermalink





‘(7) SECRETARY- The term ‘Secretary’ means the Secretary of Commerce, acting through NOAA.’.CommentsClose CommentsPermalink





‘(8) TASK FORCE- The term ‘Task Force’ means the Interagency Task Force established by section 603(a).CommentsClose CommentsPermalink





‘(9) UNITED STATES COASTAL WATERS- The term ‘United States coastal waters’ includes the Great Lakes.’.CommentsClose CommentsPermalink





(b) CONFORMING AMENDMENT- Section 603(a) is amended by striking ‘Hypoxia (hereinafter referred to as the ‘Task force’).’ and inserting ‘Hypoxia.’.CommentsClose CommentsPermalink

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

Section 605 is amended to read as follows:--CommentsClose CommentsPermalink

‘SEC. 605. AUTHORIZATION OF APPROPRIATIONS.

‘(a) IN GENERAL- There are authorized to be appropriated to NOAA to implement the Program under this title--CommentsClose CommentsPermalink





‘(1) $30,000,000 for each of fiscal years 2009 and 2010; andCommentsClose CommentsPermalink





‘(2) $70,000,000 for each of fiscal years 2011, 2012, and 2013. The Secretary shall ensure that a substantial portion of funds appropriated pursuant to this subsection that are used for research purposes are allocated to extramural research activities.CommentsClose CommentsPermalink





‘(b) REGIONAL RESEARCH AND ACTION PLANS- In addition to any amounts appropriated pursuant to subsection (a), there are authorized to be appropriated to NOAA to develop and revise the Regional Research and Action Plans, $40,000,000 for each of fiscal years 2009 and 2010, such sums to remain available until expended.CommentsClose CommentsPermalink





‘(c) PILOT PROGRAM- In addition to any amounts appropriated pursuant to subsection (a), there are authorized to be appropriated to NOAA such sums as may be necessary to carry out the pilot program established under section 603C.’.CommentsClose CommentsPermalink

.AEMD23AFCommentsClose CommentsPermalink