[113th Congress Public Law 124]
[From the U.S. Government Publishing Office]
[[Page 128 STAT. 1379]]
Public Law 113-124
113th Congress
An Act
To amend the Harmful Algal Blooms and Hypoxia Research and Control Act
of 1998, and for other purposes. <<NOTE: June 30, 2014 - [S. 1254]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Harmful
Algal Bloom and Hypoxia Research and Control Amendments Act of 2014. 33
USC 4001 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Harmful Algal Bloom and Hypoxia
Research and Control Amendments Act of 2014''.
SEC. 2. REFERENCES TO THE HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH
AND 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).
SEC. 3. INTER-AGENCY TASK FORCE ON HARMFUL ALGAL BLOOMS AND
HYPOXIA.
Section 603(a) <<NOTE: 16 USC 1451 note.>> 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''.
SEC. 4. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA PROGRAM.
The Act is amended by inserting after section 603 the following:
``SEC. 603A. <<NOTE: 16 USC 1451 note.>> NATIONAL HARMFUL ALGAL
BLOOM AND HYPOXIA PROGRAM.
``(a) <<NOTE: Deadline.>> 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
[[Page 128 STAT. 1380]]
``(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;
[[Page 128 STAT. 1381]]
``(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).
[[Page 128 STAT. 1382]]
``(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) <<NOTE: Compliance.>> Integrated Coastal and Ocean
Observation System.--The collection of monitoring and observation data
under this title shall comply with all data standards and protocols
developed pursuant to the Integrated Coastal and Ocean Observation
System Act of 2009 (33 U.S.C. 3601 et seq.). Such data shall be made
available through the system established under that Act.''.
SEC. 5. COMPREHENSIVE RESEARCH PLAN AND ACTION STRATEGY.
The Act, as amended by section 4 of this Act, is further amended by
inserting after section 603A the following:
``SEC. 603B. <<NOTE: 16 USC 1451 note.>> COMPREHENSIVE RESEARCH
PLAN AND ACTION STRATEGY.
``(a) <<NOTE: Deadline. Plan.>> 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;
[[Page 128 STAT. 1383]]
``(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) <<NOTE: Consultation.>> 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) <<NOTE: Review.>> 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.''.
SEC. 6. REPORTING.
Section 603 <<NOTE: 16 USC 1451 note.>> 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);
[[Page 128 STAT. 1384]]
``(4) the progress made on implementing the Action Strategy;
and
``(5) any need to revise or terminate research and
activities under the Program.''.
SEC. 7. NORTHERN GULF OF MEXICO HYPOXIA.
Section 604 <<NOTE: 16 USC 1451 note.>> 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.''.
SEC. 8. GREAT LAKES HYPOXIA AND HARMFUL ALGAL BLOOMS.
Section 605 <<NOTE: 16 USC 1451 note.>> is amended to read as
follows:
``SEC. 605. GREAT LAKES HYPOXIA AND HARMFUL ALGAL BLOOMS.
``(a) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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.
[[Page 128 STAT. 1385]]
``(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) <<NOTE: Consultation.>> 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) <<NOTE: Federal Register, publication.>>
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) <<NOTE: Reports.>> after submitting the
completed plan to Congress, provide biennial progress
reports on the activities toward achieving the
objectives of the plan.''.
SEC. 9. APPLICATION WITH OTHER LAWS.
The Act is amended by adding after section 606 the following:
``SEC. 607. <<NOTE: 16 USC 1451 note.>> 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.''.
SEC. 10. DEFINITIONS; CONFORMING AMENDMENT.
(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. <<NOTE: 16 USC 1451 note.>> DEFINITIONS.
``In this title:
[[Page 128 STAT. 1386]]
``(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) <<NOTE: 16 USC 1451
note.>> is amended by striking ``(hereinafter referred to as the `Task
Force')''.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
The Act is further amended by adding after section 608 the
following:
``SEC. 609. <<NOTE: 16 USC 1451 note.>> 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. <<NOTE: Publication. Lists.>> For each
fiscal year, the Under Secretary shall publish a list of all grant
recipients and
[[Page 128 STAT. 1387]]
the amounts for all of the funds allocated for research purposes,
specifying those allocated for extramural research activities.''.
Approved June 30, 2014.
LEGISLATIVE HISTORY--S. 1254:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 113-471, Pt. 1 (Comm. on Science, Space, and
Technology).
SENATE REPORTS: No. 113-121 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 160 (2014):
Feb. 12, considered and passed Senate.
June 9, considered and passed House, amended.
June 17, Senate concurred in House amendment.
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