S. 1057 — what changed
Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2017
From Reported in Senate to Engrossed in Senate.
4 sections amended and 1 added between Reported in Senate and Engrossed in Senate.
Sec. 4
Scientific assessments of freshwater harmful algal blooms
Section 603 (33 U.S.C. 4001) is amended—
(1)
by striking subsection (f);
(2)
by redesignating subsections (g), (h), (i), and (j) as subsections (f), (g), (h), and (i), respectively; and
(3)
changed
in by amending subsection (g), (g) to read as redesignated—follows:
added
“(g) Scientific assessments of marine and freshwater harmful algal blooms—Not less than once every 5 years the Task Force shall complete and submit to Congress a scientific assessment of harmful algal blooms in United States coastal waters and freshwater systems. Each 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.”
(A)
removed
in the heading, by inserting “marine and freshwater” after “assessments of”; and
(B)
removed
in paragraph (1)—
(i)
removed
by striking the second sentence; and
(ii)
removed
by amending the third sentence to read as follows: “Each assessment shall examine both marine and freshwater harmful algal blooms, including those in the Great Lakes and upper reaches of estuaries and those that originate in freshwater lakes or rivers and migrate to coastal waters.”.
Sec. 5
National Harmful Algal Bloom and Hypoxia Program
(a)
added
Program duties— Section 603A(e) (33 U.S.C. 4002(e)) is amended—
(1)
added
in paragraph (1), by inserting “, including to local and regional stakeholders through the establishment and maintenance of a publicly accessible Internet website that provides information as to Program activities completed under this section” after “Program”;
(2)
added
in paragraph (3)—
(A)
added
in subparagraph (B), by striking “; and” and inserting a semicolon;
(B)
added
in subparagraph (C), by inserting “and” after the semicolon at the end; and
(C)
added
by adding at the end the following:
added
“(D) to accelerate the utilization of effective methods of intervention and mitigation to reduce the frequency, severity, and impacts of harmful algal bloom and hypoxia events;”
(3)
added
in paragraph (4), by striking “and work cooperatively with” and inserting “, and work cooperatively to provide technical assistance to,”; and
(4)
added
in paragraph (7)—
(A)
added
by inserting “and extension” after “existing education”; and
(B)
added
by inserting “intervention,” after “awareness of the causes, impacts,”.
(b)
added
National Oceanic and Atmospheric Administration activities— Section 603A(f) (33 U.S.C. 4002(f)) is amended—
(1)
added
in paragraph (3), by inserting “, which shall include unmanned systems,” after “infrastructure”;
(2)
added
in paragraph (5), by striking “and” at the end;
(3)
added
in paragraph (6)(C), by striking the period at the end and inserting a semicolon; and
(4)
added
by adding at the end the following:
added
“(7) use cost effective methods in carrying out this Act; and
added
“(8) develop contingency plans for the long-term monitoring of hypoxia.”
removed
Section 102 of the Harmful Algal Bloom and Hypoxia Amendments Act of 2004 (33 U.S.C. 4001a) is amended by striking “the amendments made by this title” and inserting “the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998”.
Sec. 6
Consultation required
added
Section 102 of the Harmful Algal Bloom and Hypoxia Amendments Act of 2004 (33 U.S.C. 4001a) is amended by striking “the amendments made by this title” and inserting “the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998”.
(1)
removed
In general— Upon a determination under subsection (b) that there is an event of national significance, the appropriate Federal official is authorized to make sums available to the affected State or local government for the purposes of assessing and mitigating the environmental, economic, social, and public health effects of the event of national significance.
(2)
removed
Federal share— The Federal share of the cost of any activity carried out under this subsection for the purposes described in paragraph (1) may not exceed 75 percent of the cost of that activity.
(3)
removed
Donations— Notwithstanding any other provision of law, an appropriate Federal official may accept donations of funds, services, facilities, materials, or equipment that the appropriate Federal official considers necessary for the purposes described in paragraph (1). Any funds donated to an appropriate Federal official under this paragraph may be expended without further appropriation and without fiscal year limitation.
(b)
removed
Determinations—
(1)
removed
In general— At the discretion of an appropriate Federal official, or at the request of the Governor of an affected State, an appropriate Federal official shall determine whether a hypoxia or harmful algal bloom event is an event of national significance.
(2)
removed
Considerations— In making a determination under paragraph (1), the appropriate Federal official shall consider such factors as the toxicity of the hypoxia or harmful algal bloom, its potential to spread, the economic impact, and the geographic scope, including the potential to affect several municipalities, to affect more than 1 State, or to cross an international boundary.
(c)
removed
Definitions— In this section:
(1)
removed
Appropriate Federal official— The term appropriate Federal official means—
(A)
removed
in the case of a marine or coastal hypoxia or harmful algal bloom event, the Under Secretary of Commerce for Oceans and Atmosphere; and
(B)
removed
in the case of a freshwater hypoxia or harmful algal bloom event, the Administrator of the Environmental Protection Agency.
(2)
removed
Event of national significance— The term event of national significance means a hypoxia or harmful algal bloom event that has had or will likely have a significant environmental, economic, or public health impact on an affected State.
(3)
removed
Hypoxia or harmful algal bloom event— The term hypoxia or harmful algal bloom event means the occurrence of hypoxia or a harmful algal bloom as a result of a natural, anthropogenic, or undetermined cause.
Sec. 7
Hypoxia or harmful algal bloom of national significance
(1)
added
In general— Upon a determination under subsection (b) that there is an event of national significance, the appropriate Federal official is authorized to make sums available to the affected State or local government for the purposes of assessing and mitigating the detrimental environmental, economic, subsistence use, and public health effects of the event of national significance.
(2)
added
Federal share— The Federal share of the cost of any activity carried out under this subsection for the purposes described in paragraph (1) may not exceed 50 percent of the cost of that activity.
(3)
added
Donations— Notwithstanding any other provision of law, an appropriate Federal official may accept donations of funds, services, facilities, materials, or equipment that the appropriate Federal official considers necessary for the purposes described in paragraph (1). Any funds donated to an appropriate Federal official under this paragraph may be expended without further appropriation and without fiscal year limitation.
(b)
added
Determinations—
(1)
added
In general— At the discretion of an appropriate Federal official, or at the request of the Governor of an affected State, an appropriate Federal official shall determine whether a hypoxia or harmful algal bloom event is an event of national significance.
(2)
added
Considerations— In making a determination under paragraph (1), the appropriate Federal official shall consider the toxicity of the harmful algal bloom, the severity of the hypoxia, its potential to spread, the economic impact, the relative size in relation to the past 5 occurrences of harmful algal blooms or hypoxia events that occur on a recurrent or annual basis, and the geographic scope, including the potential to affect several municipalities, to affect more than 1 State, or to cross an international boundary.
(c)
added
Definitions— In this section:
(1)
added
Appropriate Federal official— The term appropriate Federal official means—
(A)
added
in the case of a marine or coastal hypoxia or harmful algal bloom event, the Under Secretary of Commerce for Oceans and Atmosphere; and
(B)
added
in the case of a freshwater hypoxia or harmful algal bloom event, the Administrator of the Environmental Protection Agency.
(2)
added
Event of national significance— The term event of national significance means a hypoxia or harmful algal bloom event that has had or will likely have a significant detrimental environmental, economic, subsistence use, or public health impact on an affected State.
(3)
added
Hypoxia or harmful algal bloom event— The term hypoxia or harmful algal bloom event means the occurrence of hypoxia or a harmful algal bloom as a result of a natural, anthropogenic, or undetermined cause.
removed
Section 609(a) (33 U.S.C. 4009(a)) is amended by inserting “, and $22,000,000 for each of fiscal years 2019 through 2023” before the period at the end.
Sec. 8
Authorization of appropriations
added
added
Section 609(a) (33 U.S.C. 4009(a)) is amended by inserting “, and $22,000,000 for each of fiscal years 2019 through 2023” before the period at the end.