Sec. 116. Amendments to Harmful Algal Bloom and Hypoxia Research and Control Act of 1998

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Section 603 of the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 ( 33 U.S.C. 4001 ) is amended— in subsection (a)— by redesignating paragraphs

(13)and

(14)as paragraphs

(14)and (15); and by inserting after paragraph

(12)the following new paragraph: the Department of Energy; ; by striking subsections (b), (c), (d), (e), (h), and

(i)and redesignating subsections

(f)and

(g)as subsections

(b)and (c), respectively; in subsection (b), as so redesignated— in paragraph (1), by striking coastal waters including the Great Lakes and inserting marine, estuarine, and freshwater systems ; and in paragraph (2)— by amending subparagraph

(A)to read as follows: examine the causes and ecological consequences of hypoxia on marine and aquatic species in their natural environments, and socio-cultural or economic costs of hypoxia, including impacts on food safety and security; ; by redesignating subparagraphs

(B)through

(D)as subparagraphs

(D)through (F), respectively; by inserting after subparagraph

(A)the following new subparagraphs: examine the effect of other environmental stressors on hypoxia; evaluate alternatives for reducing, mitigating, and controlling hypoxia and its environmental impacts; ; in subparagraph (D), as so redesignated, by inserting , social, after ecological ; and in subparagraph (E), as so redesignated, by striking hypoxia modeling and monitoring data and inserting hypoxia modeling, forecasting, and monitoring and observation data ; and in subsection (c), as so redesignated, to read as follows: Not less often than once every 5 years, the Task Force shall complete and submit to Congress an action strategy, including a scientific assessment, of harmful algal blooms in the United States (in this Act referred to as the Action Strategy ). Each such Action Strategy, including scientific assessment, shall examine both marine and freshwater harmful algal blooms, including those in the Great Lakes and upper reaches of estuaries, those in freshwater lakes and rivers, and those that originate in freshwater lakes or rivers and migrate to coastal waters. Each Action Strategy under this subsection shall— examine the causes and ecological consequences, and the socio-cultural or economic costs, including impacts food safety and security, of harmful algal blooms; examine the effect of other environmental stressors on harmful algal blooms; examine potential methods to prevent, control, and mitigate harmful algal blooms and the potential ecological, social, cultural, and economic costs and benefits of such methods; identify priorities for research needed to advance techniques and technologies to detect, predict, monitor, respond to, and minimize the occurrence, duration, and severity of harmful algal blooms, including recommendations to eliminate significant gaps in harmful algal bloom forecasting, monitoring, and observation data; evaluate progress made by, and the needs of, Task Force activities and actions to prevent, control, and mitigate harmful algal blooms; identify ways to improve coordination and prevent unnecessary duplication of effort among Federal departments and agencies with respect to research on harmful algal blooms; include regional chapters relating to the requirements described in this paragraph in order to highlight geographically and ecologically diverse locations with significant ecological, social, cultural, and economic impacts from harmful algal blooms; and define methodology used to determine ecological, social, cultural and economic impacts from harmful algal blooms and hypoxia. . Section 102 of the Harmful Algal Bloom and Hypoxia Amendments Act of 2004 ( 33 U.S.C. 4001a ) is amended— by striking the coastal ; by inserting and after Indian tribes, ; by inserting and after local governments, ; and by striking with expertise in coastal zone science and management and inserting with relevant expertise . Section 603A of the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 ( 33 U.S.C. 4002 ) is amended— in subsection (a)— in paragraph (1)— by striking predicting, and inserting monitoring, observing, forecasting, ; and by striking and after the semicolon; in paragraph (2)— by striking comprehensive research plan and action strategy under section 603B and inserting Action Strategy, including scientific assessment, under section 603(c) ; and by striking the period and inserting ; and ; and by adding at the end the following new paragraph: the scientific assessment under section 603(b). ; in subsection (c)— in paragraph (3), by striking ocean and Great Lakes and inserting marine, estuarine, and freshwater systems ; and in paragraph (5), by inserting while recognizing each agency is acting under its own independent mission and authority before the semicolon; in subsection (d), by striking Except as provided in subsection (h), the and inserting The ; in subsection (e)— by amending paragraph

(2)to read as follows: examine, in collaboration with State and local entities and Indian Tribes, including island communities, low-population rural communities, Indigenous communities, subsistence communities, fisheries, and recreation industries that are most dependent on coastal and water resources that may be impacted by marine and freshwater harmful algal blooms and hypoxia, the causes, ecological consequences, cultural impacts, and social and economic costs of harmful algal blooms and hypoxia; ; by striking paragraph (3); by redesignating paragraphs (4), (5), and

(6)as paragraphs (3), (4), and (5), respectively; in paragraph (3), as so redesignated— by striking to, regional and inserting to regional ; and by striking agencies and inserting entities, and regional coastal observing systems (as such term is defined in section 12330(6) of the Integrated Coastal and Ocean Observation System Act of 2009 ( ; 33 U.S.C. 3602(6) )) in paragraph (5), as so redesignated, by inserting and communities after ecosystems ; by inserting after paragraph

(5)the following new paragraph: support sustained observations, including through peer-reviewed, merit-based, competitive grant funding, to provide State and local entities, Indian Tribes, and others access to real-time or near real-time observation data for decision-making to protect human and ecological health and local economies; ; in paragraph (8), by striking State and local and inserting State, local, and Tribal ; and in paragraph (9)(A), by striking tribal and inserting Tribal ; by amending subsections

(f)and

(g)to read as follows: The Under Secretary shall work cooperatively with and avoid duplication of effort of other agencies on the Task Force, and with and of States, Indian tribes, and nongovernmental organizations concerned with marine and freshwater issues, and shall coordinate harmful algal bloom and hypoxia and related activities and research. The Administrator shall— with respect to freshwater aspects of the Program, in coordination with the Task Force, carry out the duties under subsection

(e)through the activities required under section 603C; and with respect to estuarine aspects of the Program, coordinate with the Under Secretary to carry out activities required under this section. The Administrator shall ensure that activities carried out under this subsection focus on new approaches to addressing freshwater harmful algal blooms and are not duplicative of existing research and development programs authorized under this Act or any other law. ; and by amending subsection

(h)to read as follows: Any services by an officer or employee under this title relating to the immediate development and dissemination of the Harmful Algal Bloom Operational Forecast System of the National Centers for Coastal Ocean Science and the National Oceanic and Atmospheric Administration shall be considered, for purposes of section 1342 of title 31, United States Code, services for emergencies involving the safety of human life or the protection of property. Such consideration shall only apply to areas with active harmful algal blooms during any lapse in appropriations beginning on or after the date of the enactment of this subsection. . Section 603B of the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 ( 33 U.S.C. 4003 ) is amended to read as follows: The Under Secretary shall— carry out marine, coastal, and Great Lakes harmful algal bloom and hypoxia events response activities; develop and enhance operational harmful algal bloom observing and forecasting programs, including operational observations and forecasting, monitoring, modeling, data management, and information dissemination; maintain and enhance peer-reviewed, merit-based, competitive grant funding relating to harmful algal blooms and hypoxia to— maintain and enhance baseline monitoring programs established by the Program; support the projects maintained and established by the Program; address the research and management needs and priorities identified in the Action Strategy under section 603(c); accelerate the utilization of effective methods of intervention and mitigation to reduce the frequency, severity, and impacts of harmful algal bloom and hypoxia events; identify opportunities to improve monitoring of harmful algal bloom and hypoxia, with a particular focus on coastal waters that may affect fisheries, public health, or subsistence harvest; examine the effects of other environmental stressors on harmful algal blooms and hypoxia; assess the effects of multiple environmental stressors on living marine resources and coastal ecosystems; and evaluate adaptation and mitigation strategies to address the impacts of harmful algal blooms and hypoxia; enhance communication and coordination among Federal agencies carrying out marine and freshwater harmful algal bloom and hypoxia activities and research; to the greatest extent practicable, leverage existing resources and expertise available from local research universities and institutions; and use cost effective methods in carrying out this section. 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 2009 ( 33 U.S.C. 3601 et seq. ). Such data shall be made available through the system established under that Act. . The table of contents in section 2 of the Coast Guard Authorization Act of 1998 ( Public Law 105–383 ) is amended by amending the item relating to section 603B to read as follows: Sec. 603B. National Oceanic and Atmospheric Administration activities. . The Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 ( 33 U.S.C. 4001 et seq. ) is amended by inserting after section 603B of that Act ( 33 U.S.C. 4003 ), as amended by subsection (d), the following new section: The Administrator shall— carry out research on the ecology and human health impacts of freshwater harmful algal blooms; develop and maintain forecasting and monitoring of, and event response to, freshwater harmful algal blooms in lakes, reservoirs, rivers, and estuaries (including tributaries thereof); enhance communication and coordination among Federal agencies carrying out freshwater harmful algal bloom and hypoxia activities and research; to the greatest extent practicable, leverage existing resources and expertise available from local research universities and institutions; and use cost effective methods in carrying out this section. . The table of contents in section 2 of the Coast Guard Authorization Act of 1998 ( Public Law 105–383 ) is amended by inserting after the item relating to section 603B, as amended by subsection (e), the following new item: Sec. 603C. Environmental Protection Agency activities. . Section 606 of the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 ( 33 U.S.C. 4005 ) is amended to read as follows: The Under Secretary, acting through the National Centers for Coastal Ocean Science (referred to in this section as NCCOS ) and the Integrated Ocean Observing System (referred to in this section as IOOS ) of the National Oceanic and Atmospheric Administration, shall integrate Federal, State, regional, and local observing capabilities to establish a national network of harmful algal bloom observing systems for the monitoring, detection, and forecasting of harmful algal blooms by leveraging the capacity of IOOS regional associations, including through the incorporation of emerging technologies and new data integration methods, such as artificial intelligence. In carrying out subsection (a), the IOOS Program Office shall— coordinate with NCCOS regarding observations, data integration, and information dissemination; and establish a Harmful Algal Bloom Data Assembly Center to integrate, disseminate, and provide a central architecture to support ecological forecasting. . The table of contents in section 2 of the Coast Guard Authorization Act of 1998 ( Public Law 105–383 ) is amended by amending the item relating to section 606 to read as follows: Sec. 606. National harmful algal bloom observing network. . Section 609 of the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 ( 33 U.S.C. 4008 ) is amended— in paragraph (1), by striking means the comprehensive research plan and action strategy established under section 603B and inserting means the action strategy, including scientific assessment, for marine and freshwater harmful algal blooms established under section 603(c) ; in paragraph (3), to read as follows: The term appropriate Federal official means— in the case of marine systems or Great Lakes hypoxia or harmful algal bloom event, including those in estuarine areas, the Under Secretary; and in the case of a freshwater hypoxia or harmful algal bloom event, the Administrator, in consultation with the Under Secretary. ; by striking paragraph (9); by redesignating paragraphs (4), (5), (6), (7), and

(8)as paragraphs (6), (7), (8), (10), and (11); by inserting after paragraph

(3)the following new paragraphs: The term harmful algal bloom means marine or freshwater algae or macroalgae, including Sargassum, that proliferate to high concentrations, resulting in nuisance conditions or harmful impacts on marine and freshwater ecosystems, communities, or human health through the production of toxic compounds or other biological, chemical, or physical impacts of the algae outbreak. The term harmful algal bloom and hypoxia event means the occurrence of a harmful algal bloom or hypoxia as a result of a natural, anthropogenic, or undetermined cause. The term harmful algal bloom or hypoxia event of significance means a harmful algal bloom or hypoxia event that has had or will likely have significant detrimental environmental, economic, social, subsistence use, or public health impacts. ; in paragraph (6), as so redesignated— by striking aquatic and inserting marine or freshwater ; and by striking resident and inserting marine or freshwater ; and by inserting after paragraph (8), as so redesignated, the following new paragraph: The term subsistence use means the customary and traditional use of fish, wildlife, or other freshwater, coastal, or marine resources by any individual or community to meet personal or family needs, including essential economic, nutritional, or cultural applications. . Section 610 of the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 ( 33 U.S.C. 4009 ) is amended— in subsection (a), to read as follows: There is authorized to be appropriated to the Under Secretary to carry out this title $27,500,000 for each of fiscal years 2024 through 2028. ; and by adding at the end the following new subsection: The Under Secretary is authorized to make a direct non-expenditure transfer of funds authorized to be appropriated pursuant to subsection

(a)to the head of any Federal department or agency, with the concurrence of such head, to carry out, as appropriate, relevant provisions of this title. . The Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 ( 33 U.S.C. 4001 et seq. ) is amended by adding at the end the following new section: The Under Secretary, in collaboration with research universities and institutions, shall establish a national level incubator program to increase the number of available control strategies and technologies relating to harmful algal blooms. Such incubator shall establish a framework for preliminary assessments of novel harmful algal bloom prevention, mitigation, and control technologies in order to determine the potential for effectiveness and scalability. The incubator established under subsection

(a)shall provide merit-based funding for harmful algal bloom control strategies and technologies that eliminate or reduce through biological, chemical, or physical means the levels of harmful algae and associated toxins. The incubator established under subsection

(a)shall include a database to catalog the licensing and permitting requirements, economic costs, feasibility, effectiveness, and scalability of both novel and established prevention, control, and mitigation measures. In carrying out the incubator established under subsection (a), the Under Secretary shall prioritize proposed activities that would, to the maximum extent practicable— protect key habitats for fish and wildlife; maintain biodiversity; protect public health; protect coastal resources of national, historical, and cultural significance; or seek to partially or fully benefit communities of color, low-income communities, Indian Tribes or Indigenous communities, and rural communities. . The table of contents in section 2 of the Coast Guard Authorization Act of 1998 ( Public Law 105–383 ) is amended by inserting after the item relating to section 610 the following new item: Sec. 611. National level incubator program. . Section 9(g) of the National Integrated Drought Information System Reauthorization Act of 2018 ( 33 U.S.C. 4010(g) ) is amended— in paragraph (1)— in subparagraph (B), by adding at the end the following new sentence: The appropriate Federal official may waive the non-Federal share requirements of this subsection if such official determines no reasonable means are available through which the recipient of the Federal share can meet the non-Federal share requirement. ; and by adding at the end the following new subparagraph: The Under Secretary of Commerce for Oceans and Atmosphere may enter into agreements and grants with States, Indian Tribes, local governments, or other entities to pay for or reimburse costs incurred for the purposes of supporting the determination of and assessing the environmental, economic, social, subsistence use, and public health effects of a harmful algal bloom or hypoxia event of significance. ; in paragraph (2)(A), by inserting , leadership official of an affected Indian Tribe, the executive official of the District of Columbia, or a territory or possession of the United States, including Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, the Trust Territories of the Pacific Islands, and American Samoa, if affected after State ; and by adding at the end the following new paragraph: To carry out this subsection, notwithstanding any other provision of law, there is authorized to be appropriated from the amounts made available to the Under Secretary of Commerce for Oceans and Atmosphere $2,000,000, to remain available until expended. . Section 128 of the Water Resources Development Act of 2020 ( 33 U.S.C. 610 note) is amended— by redesignating subsection

(e)as subsection (f); and by inserting after subsection

(d)the following new subsection: In carrying out the demonstration program under subsection (a), the Secretary may enter into agreements with water and irrigation districts located in the focus areas described in subsections

(c)and

(d)for the use or sale of any new technologies developed under the program to expedite the removal of harmful algal blooms in such areas. .

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