,,ii #aahth ,,congress #ast ,session ,s4 #ccdh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #bg1 #bjbc,mr4 ,sullivan 7for himself and ,ms4 ,baldwin7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to amend the ,harmful ,algal ,blooms and ,hypoxia ,research and ,control ,act of #aiih to address harmful algal blooms1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,harmful ,algal ,bloom and ,hypoxia ,research and ,control ,amendments ,act of #bjbc4 #b4 ,amendments to the ,harmful ,algal ,blooms and ,hypoxia ,research and ,control ,act of #aiih 7a7 ,assessments 7#a7 ,in general ,section #fjc of the ,harmful ,algal ,blooms and ,hypoxia ,research and ,control ,act of #aiih 7#cc ,u4,s4,c4 #djja7 is amended-- 7,a7 in the section heading1 by striking ,assessments and inserting ,task ,force1 assessments1 and ,action ,strategy2 7,b7 in subsection 7a7-- 7i7 by redesignating paragraphs 7#ac7 and 7#ad7 as paragraphs 7#ad7 and 7#ae71 respectively2 and 7ii7 by inserting after paragraph 7#ab7 the following3 7#ac7 the ,department of ,energy2 2 7,c7 by striking subsections 7b71 7c71 7d71 7e71 7g71 7h71 and 7i7 and redesignating subsection 7f7 as subsection 7b72 7,d7 in subsection 7b71 as so redesignated-- 7i7 in paragraph 7#a71 in the first sentence1 by striking coastal waters including the ,great ,lakes and inserting marine1 estuarine1 and freshwater systems2 and 7ii7 in paragraph 7#b7-- 7,i7 by amending subparagraph 7,a7 to read as follows3 7,a7 examine-- 7i7 the causes and ecological consequences of hypoxia on marine and aquatic species in their natural environments2 and 7ii7 the socio-cultural or economic costs of hypoxia1 including impacts on food safety and security2 2 7,,ii7 by redesignating subparagraphs 7,b71 7,c71 and 7,d7 as subparagraphs 7,d71 7,e71 and 7,f71 respectively2 7,,iii7 by inserting after subparagraph 7,a7 the following3 7,b7 examine the effect of other environmental stressors on hypoxia2 7,c7 evaluate alternatives for reducing1 mitigating1 and controlling hypoxia and its environmental impacts2 2 7,,iv7 in subparagraph 7,d71 as redesignated by subclause 7,,ii71 by inserting 1 social1 after ecological2 and 7,v7 in subparagraph 7,e71 as redesignated by subclause 7,,ii71 by striking hypoxia modeling and monitoring data and inserting hypoxia modeling1 forecasting1 and monitoring and observation data2 and 7,e7 by adding at the end the following3 7c7 ,action ,strategy and scientific assessment for marine and freshwater harmful algal blooms 7#a7 ,in general ,not less frequently than once every #e years1 the ,task ,force shall complete and submit to ,congress an action strategy for harmful algal blooms in the ,united ,states4 7#b7 ,elements ,each ,action ,strategy shall-- 7,a7 examine1 and include a scientific assessment of1 marine and freshwater harmful algal blooms1 including such blooms-- 7i7 in the ,great ,lakes and upper reaches of estuaries2 7ii7 in freshwater lakes and rivers2 and 7iii7 that originate in freshwater lakes or rivers and migrate to coastal waters2 7,b7 examine the causes1 ecological consequences1 and economic or socio-cultural impacts1 including food safety and security1 of harmful algal blooms2 7,c7 examine the effect of other environmental stressors on harmful algal blooms2 7,d7 examine potential methods to prevent1 control1 and mitigate harmful algal blooms and the potential ecological1 social1 cultural1 and economic costs and benefits of such methods2 7,e7 identify priorities for research needed to advance techniques and technologies to detect1 predict1 monitor1 respond to1 and minimize the occurrence1 duration1 and severity of harmful algal blooms1 including recommendations to eliminate significant gaps in harmful algal bloom forecasting1 monitoring1 and observation data2 7,f7 evaluate progress made by1 and the needs of1 activities and actions of the ,task ,force to prevent1 control1 and mitigate harmful algal blooms2 7,g7 identify ways to improve coordination and prevent unnecessary duplication of effort among ,federal agencies with respect to research on harmful algal blooms2 and 7,h7 include regional chapters relating to the requirements described in this paragraph in order to highlight geographically and ecologically diverse locations with significant ecological1 social1 cultural1 and economic impacts from harmful algal blooms4 7d7 ,consultation ,in carrying out subsections 7b7 and 7c71 the ,task ,force shall consult with-- 7#a7 ,states1 ,indian tribes1 and local governments2 and 7#b7 appropriate industries 7including fisheries1 agriculture1 and fertilizer71 academic institutions1 and nongovernmental organizations with relevant expertise4 4 7#b7 ,clerical amendment ,the table of contents in section #b of the ,coast ,guard ,authorization ,act of #aiih 7,public ,law #aje-chc2 #aab ,stat4 #cdab2 #acf ,stat4 #abfh7 is amended by striking the item relating to section #fjc and inserting the following3 ,sec4 #fjc4 ,task ,force1 assessments1 and ,action ,strategy4 4 7#c7 ,conforming amendment ,section #ajb of the ,harmful ,algal ,bloom and ,hypoxia ,amendments ,act of #bjjd 7#cc ,u4,s4,c4 #djja;a7 is amended by striking ,in developing and all that follows through management44 7b7 ,national ,harmful ,algal ,bloom and ,hypoxia ,program ,section #fjc;,a of the ,harmful ,algal ,blooms and ,hypoxia ,research and ,control ,act of #aiih 7#cc ,u4,s4,c4 #djjb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking predicting1 and inserting monitoring1 observing1 forecasting12 and 7ii7 by striking and after the semicolon2 and 7,b7 by striking paragraph 7#b7 and inserting the following3 7#b7 the scientific assessment submitted under section #fjc7;b72 and 7#c7 the ,action ,strategy4 2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#c71 by striking ocean and ,great ,lakes science and management programs and centers and inserting programs and centers relating to the science and management of marine1 estuarine1 and freshwater systems2 and 7,b7 in paragraph 7#e71 by inserting while recognizing each agency is acting under its own independent mission and authority before the semicolon2 7#c7 in subsection 7d71 by striking ,except as provided in subsection 7h71 the and inserting ,the2 7#d7 in subsection 7e7-- 7,a7 in the matter preceding paragraph 7#a71 by inserting 7or the ,administrator1 as provided under subsection 7g77 after ,under ,secretary2 7,b7 by amending paragraph 7#b7 to read as follows3 7#b7 examine1 in collaboration with ,state and local entities and ,indian tribes1 including island communities1 low-population rural communities1 ,indigenous communities1 subsistence communities1 fisheries1 and recreation industries that are most dependent on coastal and water resources that may be impacted by marine and freshwater harmful algal blooms and hypoxia1 the causes1 ecological consequences1 cultural impacts1 and social and economic costs of harmful algal blooms and hypoxia2 2 7,c7 by striking paragraph 7#c72 7,d7 by redesignating paragraphs 7#d71 7#e71 and 7#f7 as paragraphs 7#c71 7#d71 and 7#e71 respectively2 7,e7 in paragraph 7#c71 as so redesignated1 by striking agencies and inserting entities1 regional coastal observing systems 7as defined in section #abcjc of the ,integrated ,coastal and ,ocean ,observation ,system ,act of #bjji 7#cc ,u4,s4,c4 #cfjb7712 7,f7 in paragraph 7#e71 as redesignated by subparagraph 7,d71 by inserting and communities after ecosystems2 7,g7 by inserting after paragraph 7#e71 as redesignated by subparagraph 7,d71 the following3 7#f7 support sustained observations1 including through peer-reviewed1 merit-based1 competitive grant funding1 to provide ,state and local entities1 ,indian tribes1 and other entities access to real-time or near real-time observation data for decision-making to protect human and ecological health and local economies2 2 7,h7 in paragraph 7#h71 by inserting and ,indian tribes after managers2 and 7,i7 in paragraph 7#i77;,a71 by striking 1 tribal1 and local stakeholders and inserting and local stakeholders and ,indian tribes2 7#e7 by amending subsections 7f71 7g71 and 7h7 to read as follows3 7f7 ,cooperation and coordination ,the ,under ,secretary shall-- 7#a7 work cooperatively with and avoid duplication of effort of other agencies on the ,task ,force and ,states1 ,indian tribes1 and nongovernmental organizations concerned with marine and freshwater issues2 and 7#b7 coordinate harmful algal bloom and hypoxia and related activities and research with those entities4 7g7 ,freshwater and estuarine program duties ,the ,administrator1 in coordination with the ,task ,force1 shall-- 7#a7 carry out the duties under the ,administrator's purview under subsection 7e7 for freshwater aspects of the ,program through the activities required under section #fjc;,c2 and 7#b7 coordinate with the ,under ,secretary on estuarine aspects of the ,program through the activities required under this section4 7h7 ,anti-,deficiency ,act applied to harmful algal bloom services ,any services accepted by an officer or employee of the ,united ,states ,government under this title relating to the development and dissemination of forecasts and bulletins through the ,harmful ,algal ,bloom ,operational ,forecast ,system of the ,national ,centers for ,coastal ,ocean ,science and the ,national ,oceanic and ,atmospheric ,administration shall be considered1 for purposes of section #acdb of title #ca1 ,united ,states ,code1 services for an emergency involving the safety of human life or the protection of property4 ,such consideration shall apply only to services performed for areas with active harmful algal blooms during any lapse in appropriations beginning on or after the date of the enactment of the ,harmful ,algal ,bloom and ,hypoxia ,research and ,control ,amendments ,act of #bjbc4 2 and 7#f7 by striking subsection 7i74 7c7 ,national ,oceanic and ,atmospheric ,administration activities 7#a7 ,in general ,section #fjc;,b of the ,harmful ,algal ,blooms and ,hypoxia ,research and ,control ,act of #aiih 7#cc ,u4,s4,c4 #djjc7 is amended to read as follows3 #fjc;,b4 ,national ,oceanic and ,atmospheric ,administration activities 7a7 ,in general ,the ,under ,secretary shall-- 7#a7 carry out response activities for marine1 coastal1 and ,great ,lakes harmful algal bloom and hypoxia events2 7#b7 develop and enhance operational harmful algal bloom observing and forecasting programs1 including operational observations and forecasting1 monitoring1 modeling1 data management1 and information dissemination2 7#c7 maintain and enhance peer-reviewed1 merit-based1 competitive grant funding relating to harmful algal blooms and hypoxia-- 7,a7 to maintain and enhance baseline monitoring programs established by the ,program2 7,b7 to support the projects maintained and established by the ,program2 7,c7 to address the research and management needs and priorities identified in the ,action ,strategy2 7,d7 to accelerate the utilization of effective methods of intervention and mitigation to reduce the frequency1 severity1 and impacts of harmful algal bloom and hypoxia events2 7,e7 to identify opportunities to improve monitoring of harmful algal bloom and hypoxia1 with a particular focus on coastal waters that may affect fisheries1 public health1 or subsistence harvest2 7,f7 to examine the effects of other environmental stressors on harmful algal blooms and hypoxia2 7,g7 to assess the effects of multiple environmental stressors on living marine resources and coastal ecosystems2 and 7,h7 to evaluate adaptation and mitigation strategies to address the impacts of harmful algal blooms and hypoxia2 7#d7 enhance communication and coordination among ,federal agencies carrying out activities and research relating to marine and freshwater harmful algal bloom and hypoxia2 7#e7 to the greatest extent practicable1 leverage existing resources and expertise available from local research universities and institutions2 and 7#f7 use cost effective methods in carrying out this section4 7b7 ,integrated ,coastal and ,ocean ,observation ,system ,the collection of monitoring and observing data under this section shall comply with all data standards and protocols developed pursuant to the ,integrated ,coastal and ,ocean ,observation ,system ,act of #bjji 7#cc ,u4,s4,c4 #cfja et seq474 ,such data shall be made available through the ,national ,integrated ,coastal and ,ocean ,observation ,system established under section #abcjd of that ,act 7#cc ,u4,s4,c4 #cfjc74 4 7#b7 ,clerical amendment ,the table of contents in section #b of the ,coast ,guard ,authorization ,act of #aiih 7,public ,law #aje-chc2 #aab ,stat4 #cdab2 #acf ,stat4 #abfh7 is amended by striking the item relating to section #fjc;,b and inserting the following3 ,sec4 #fjc;,b4 ,national ,oceanic and ,atmospheric ,administration activities4 4 7d7 ,environmental ,protection ,agency activities 7#a7 ,in general ,the ,harmful ,algal ,bloom and ,hypoxia ,research and ,control ,act of #aiih is amended by inserting after section #fjc;,b 7#cc ,u4,s4,c4 #djjc7 the following3 #fjc;,c4 ,environmental ,protection ,agency activities 7a7 ,in general ,the ,administrator shall-- 7#a7 carry out research on the ecology and human health impacts of freshwater harmful algal blooms and hypoxia events2 7#b7 develop and maintain forecasting and monitoring of1 and event response to1 freshwater harmful algal blooms in lakes1 rivers1 estuaries 7including tributaries thereof71 and reservoirs2 7#c7 enhance communication and coordination among ,federal agencies carrying out freshwater harmful algal bloom and hypoxia activities and research2 7#d7 to the greatest extent practicable1 leverage existing resources and expertise available at local research universities and institutions2 and 7#e7 use cost-effective methods in carrying out this section4 7b7 ,nonduplication ,the ,administrator shall ensure that activities carried out under subsection 7a7 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 law4 4 7#b7 ,clerical amendment ,the table of contents in section #b of the ,coast ,guard ,authorization ,act of #aiih 7,public ,law #aje-chc2 #aab ,stat4 #cdab2 #acf ,stat4 #abfh7 is amended by inserting after the item relating to section #fjc;,b the following3 ,sec4 #fjc;,c4 ,environmental ,protection ,agency activities4 4 7e7 ,national harmful algal bloom and hypoxia observing network 7#a7 ,in general ,section #fjf of the ,harmful ,algal ,blooms and ,hypoxia ,research and ,control ,act of #aiih 7#cc ,u4,s4,c4 #djje7 is amended to read as follows3 #fjf4 ,national harmful algal bloom observing network 7a7 ,in general ,the ,under ,secretary1 acting through the ,national ,centers for ,coastal ,ocean ,science and the ,integrated ,ocean ,observing ,system of the ,national ,oceanic and ,atmospheric ,administration1 shall integrate ,federal1 ,state1 regional1 and local observing capabilities to establish a national network of observing systems for the monitoring1 detection1 and forecasting of harmful algal blooms by leveraging the capacity of regional associations of the ,integrated ,ocean ,observing ,system1 including through the incorporation of emerging technologies and new data integration methods1 such as artificial intelligence4 7b7 ,coordination and data assembly ,in carrying out subsection 7a71 the ,program ,office of the ,integrated ,ocean ,observing ,system shall-- 7#a7 coordinate with the ,national ,centers for ,coastal ,ocean ,science regarding observations1 data integration1 and information dissemination2 and 7#b7 establish a center for the assembly of data on harmful algal blooms to integrate1 disseminate1 and provide a central architecture to support ecological forecasting4 4 7#b7 ,clerical amendment ,the table of contents in section #b of the ,coast ,guard ,authorization ,act of #aiih 7,public ,law #aje-chc2 #aab ,stat4 #cdab2 #acf ,stat4 #abfh7 is amended by striking the item relating to section #fjf and inserting the following3 ,sec4 #fjf4 ,national harmful algal bloom observing network4 4 7f7 ,national-,level incubator program 7#a7 ,in general ,the ,harmful ,algal ,blooms and ,hypoxia ,research and ,control ,act of #aiih is amended by inserting after section #fjf 7#cc ,u4,s4,c4 #djje7 the following3 #fjf;,a4 ,national-level incubator program 7a7 ,in general ,the ,under ,secretary1 in collaboration with the ,administrator and research universities and institutions1 shall establish a national-level incubator program 7in this section referred to as the program7 to increase the number of strategies1 technologies1 and measures available to prevent1 mitigate1 and control harmful algal blooms4 7b7 ,framework ,the program shall establish a framework for preliminary assessments of novel strategies1 technologies1 and measures to prevent1 mitigate1 and control harmful algal blooms in order to determine the potential effectiveness and scalability of such technologies4 7c7 ,funding ,the program shall provide merit-based funding1 using amounts otherwise available to the ,under ,secretary for the award of grants1 for strategies1 technologies1 and measures that eliminate or reduce1 through biological1 chemical1 or physical means1 the levels of harmful algae and associated toxins resulting from harmful algal blooms4 7d7 ,database ,the program shall include a database for cataloging the licensing and permitting requirements1 economic costs1 feasibility1 effectiveness1 and scalability of novel and established strategies1 technologies1 and measures to prevent1 mitigate1 and control harmful algal blooms4 7e7 ,prioritization ,in carrying out the program1 the ,under ,secretary shall prioritize proposed strategies1 technologies1 and measures that would1 to the maximum extent practicable-- 7#a7 protect key habitats for fish and wildlife2 7#b7 maintain biodiversity2 7#c7 protect public health2 7#d7 protect coastal resources of national1 historical1 and cultural significance2 or 7#e7 benefit low-income communities1 ,indian tribes or ,indigenous communities1 and rural communities4 4 7#b7 ,clerical amendment ,the table of contents in section #b of the ,coast ,guard ,authorization ,act of #aiih 7,public ,law #aje-chc2 #aab ,stat4 #cdab2 #acf ,stat4 #abfh7 is amended by inserting after the item relating to section #fjf the following3 ,sec4 #fjf;,a4 ,national-level incubator program4 4 7g7 ,definitions ,section #fji of the ,harmful ,algal ,blooms and ,hypoxia ,research and ,control ,act of #aiih 7#cc ,u4,s4,c4 #djjh7 is amended-- 7#a7 in paragraph 7#a71 by striking means the comprehensive research plan and action strategy established under section #fjc;,b and inserting means the action strategy for harmful algal blooms in the ,united ,states most recently submitted under section #fjc7;c72 7#b7 by amending paragraph 7#c7 to read as follows3 7#c7 ,harmful algal bloom ,the term harmful algal bloom means a high concentration of marine or freshwater algae or macroalgae1 including ,sargassum1 resulting in nuisance conditions or harmful impacts on marine and freshwater ecosystems1 communities1 or human health through the production of toxic compounds or other biological1 chemical1 or physical impacts of the algae outbreak4 2 7#c7 by striking paragraph 7#i72 7#d7 by redesignating paragraphs 7#d71 7#e71 7#f71 7#g71 and 7#h7 as paragraphs 7#f71 7#g71 7#h71 7#aj71 and 7#aa71 respectively2 7#e7 by inserting after paragraph 7#c7 the following3 7#d7 ,harmful algal bloom and hypoxia event ,the term harmful algal bloom and hypoxia event means the occurrence of a harmful algal bloom or hypoxia as a result of a natural1 anthropogenic1 or undetermined cause4 7#e7 ,indian tribe ,the term ,indian tribe has the meaning given that term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 2 7#f7 in paragraph 7#f71 as redesignated by paragraph 7#d7-- 7,a7 by striking aquatic and inserting marine or freshwater2 and 7,b7 by striking resident and inserting marine or freshwater2 and 7#g7 by inserting after paragraph 7#h71 as redesignated by paragraph 7#d71 the following3 7#i7 ,subsistence use ,the term subsistence use means the customary and traditional use of fish1 wildlife1 or other freshwater1 coastal1 or marine resources by any individual or community to meet personal or family needs1 including essential economic1 nutritional1 or cultural applications4 4 7h7 ,authorization of appropriations ,subsection 7a7 of section #faj of the ,harmful ,algal ,blooms and ,hypoxia ,research and ,control ,act of #aiih 7#cc ,u4,s4,c4 #djji7 is amended to read as follows3 7a7 ,in general ,there is authorized to be appropriated to carry out this title1 for each of fiscal years #bjbd through #bjbh-- 7#a7 #ai1ejj1jjj to the ,under ,secretary2 and 7#b7 #h1jjj1jjj to the ,administrator4 4 #c4 ,other harmful algal bloom matters 7a7 ,harmful algal bloom or hypoxia event of national significance ,section #i7;g7 of the ,national ,integrated ,drought ,information ,system ,reauthorization ,act of #bjah 7#cc ,u4,s4,c4 #djaj7;g77 is amended-- 7#a7 in paragraph 7#a71 by adding at the end the following3 7,d7 ,contract1 grant1 and cooperative agreement authority ,the ,under ,secretary of ,commerce for ,oceans and ,atmosphere may enter into agreements and grants with ,states1 ,indian ,tribes1 local governments1 or other entities to pay for or reimburse costs incurred by such entities for the purposes of supporting the determination of1 and assessing the environmental1 economic1 social1 subsistence use1 and public health effects of1 a harmful algal bloom or hypoxia event of national significance4 2 7#b7 in paragraph 7#b77;,a71 by inserting 1 a leadership official of an affected ,indian ,tribe1 the executive official of the ,district of ,columbia1 or the executive official of an affected territory or possession of the ,united ,states1 after ,state2 and 7#c7 by adding at the end the following3 7#d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #b1jjj1jjj for each of fiscal years #bjbd through #bjbh1 to remain available until expended4 4 7b7 ,protect families from toxic algal blooms ,section #abh of the ,water ,resources ,development ,act of #bjbj 7#cc ,u4,s4,c4 #faj note2 division ,,aa of ,public ,law #aaf-bfj7 is amended-- 7#a7 by redesignating subsection 7e7 as subsection 7f72 and 7#b7 by inserting after subsection 7d7 the following3 7e7 ,harmful algal bloom technologies ,in carrying out the demonstration program under subsection 7a71 the ,secretary may enter into agreements with water and irrigation districts located in the focus areas described in subsections 7c7 and 7d7 for the use or sale of any new technologies developed under the demonstration program to expedite the removal of harmful algal blooms in those areas4 4