The publication is reproduced in full below:
SOUTH FLORIDA CLEAN COASTAL WATERS ACT OF 2021
Mr. CASEY. Madam President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 203, S. 66.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (S. 66) to require the Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia to develop a plan for reducing, mitigating, and controlling harmful algal blooms and hypoxia in South Florida, and for other purposes.
There being no objection, the Senate proceeded to consider the bill.
Mr. PORTMAN. Madam President, I am proud to be a champion of the Harmful Algal Bloom and Hypoxia Research and Control Act--or HABHRCA--
program. The program was first created in 1998 to help address harmful algal blooms in water bodies across the country. Congress recognized the devastating impact of harmful algal blooms, both ecologically and economically, and the importance of providing resources to the National Oceanic and Atmospheric Administration (NOAA) to advance scientific understanding of harmful algal blooms, as well as the ability to detect, monitor, assess, and predict bloom events.
In 2014 and again in 2018, I worked with then-Senator Bill Nelson to reauthorize the program in a bipartisan way. And in the 2014 legislation, I worked to ensure that freshwater bodies, specifically the Great Lakes, were a focus for the program for the first time. Since then, I have worked to secure funding for the HABHRCA program through the annual appropriations process.
I am pleased to report that, today, NOAA's work through the HABHRCA program is being used by my constituents and others across the Great Lakes basin. For example, I hear from the fishing and charter boat industries that they rely on NOAA's biweekly forecasts to monitor the location of the blooms so they know what areas of the lake to avoid in order to continue operating their tourism and fishing businesses.
It also helps our drinking water systems prevent contamination in drinking water because they are able to anticipate additional treatment needs if the location of the bloom is near a water intake valve. This will help prevent crises similar to the 2014 water crisis in Toledo, OH, in which nearly half a million people lost access to safe drinking water because a harmful algal bloom contaminated the city's water supply.
As cochair of the Senate Great Lakes Task Force, I am committed to ensuring our Great Lakes communities have the resources they need to create jobs and protect the water quality and health of the lakes.
My colleague from Florida, Senator Rubio, has a bill that would amend the HABHRCA program to require NOAA to conduct harmful algal bloom and hypoxia work specifically for the South Florida ecosystem. I am supportive of this legislation and of efforts to address harmful algal blooms across the country, so long as it does not take away or divert resources that are used in the Great Lakes.
To that end, I ask for unanimous consent to have printed in the Record a letter from NOAA Administrator Spinrad committing that the work done in South Florida, such as would be the case with passage of Senator Rubio's legislation, S. 66, the South Florida Clean Coastal Waters Act, would have no impact on the resources and work currently being conducted to support the Great Lakes.
There being no objection, the material was ordered to be printed in the Record, as follows:
March 3, 2022. Hon. Robert Portman, Ranking Member, Committee on Homeland Security and
Governmental Affairs, U.S. Senate, Washington, DC.
Dear Senator Portman: Thank you for your letter regarding the importance of maintaining harmful algal bloom (HAB) and hypoxia research and monitoring activities in the Great Lakes region. I appreciate the discussion that you and I had about this issue last week.
As you know, NOAA has monitored and forecast cyanobacteria bloom location and concentration in Lake Erie since 2009. The early seasonal ``rolling'' outlook beginning in May estimates bloom severity based on measurements of phosphorous loading from the Maumee River combined with long-range forecasts and historical records. The Lake Erie HAB Seasonal Forecast issued in early summer allows coastal managers, lake users, and drinking water facility operators to make informed decisions based on the potential severity of the bloom. In addition, the Lake Erie HAB forecast issued twice a week during bloom season (July-October) provides the current bloom extent and 5-day outlooks of where the bloom will travel and what concentrations are likely to be seen, allowing managers to determine whether to take preventive actions.
As we discussed, NOAA is committed to continuing this important work and to pursuing improvements to Lake Erie HAB detection, monitoring, and forecasting to keep communities in the Great Lakes region safe. Additional proposals to complete HABs work in the South Florida ecosystem will not impact the resources necessary for Great Lakes HABs work through the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998. The President's Fiscal Year 2022 Budget Request includes an increase for NOAA's Coastal Science and Assessment programs that, if appropriated, will support these efforts and build capacity in other areas.
We appreciate your interest and look forward to our continued partnership. If you have further questions, please contact Makeda Okolo, Director of NOAA's Office of Legislative and Intergovernmental Affairs.
Sincerely, Dr. Richard W. Spinrad,
Under Secretary of Commerce for Oceans and Atmosphere and NOAA Administrator.
Mr. CASEY. I further ask that the bill be considered read a third time and passed and that the motion to reconsider be considered made and laid upon the table with no intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (S. 66) was ordered to be engrossed for a third reading, was read the third time, and passed, as follows:
S. 66
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``South Florida Clean Coastal Waters Act of 2021''.
SEC. 2. SOUTH FLORIDA HARMFUL ALGAL BLOOMS AND HYPOXIA
ASSESSMENT AND ACTION PLAN.
(a) In General.--The Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 (Public Law 105-383; 33 U.S.C. 4001 et seq.) is amended--
(1) by redesignating sections 605 through 609 as sections 606 through 610, respectively; and
(2) by inserting after section 604 the following:
``SEC. 605. SOUTH FLORIDA HARMFUL ALGAL BLOOMS AND HYPOXIA.
``(a) South Florida.--In this section, the term `South Florida' means--
``(1) all lands and waters within the administrative boundaries of the South Florida Water Management District;
``(2) regional coastal waters, including Biscayne Bay, the Caloosahatchee Estuary, Florida Bay, Indian River Lagoon, and St. Lucie River Estuary; and
``(3) the Florida Reef Tract.
``(b) Integrated Assessment.--
``(1) Interim integrated assessment.--Not later than 540 days after the date of enactment of the South Florida Clean Coastal Waters Act of 2021, the Task Force, in accordance with the authority under section 603, shall complete and submit to Congress and the President an interim integrated assessment.
``(2) Finalized integrated assessment.--Not later than 3 years after the date of enactment of the South Florida Clean Coastal Waters Act of 2021, the Task Force shall finalize, and submit to Congress and the President, the interim integrated assessment required by paragraph (1).
``(3) Contents of integrated assessment.--The integrated assessment required by paragraphs (1) and (2) shall examine the causes, consequences, and potential approaches to reduce harmful algal blooms and hypoxia in South Florida, and the status of, and gaps within, current harmful algal bloom and hypoxia research, monitoring, management, prevention, response, and control activities that directly affect the region by--
``(A) Federal agencies;
``(B) State agencies;
``(C) regional research consortia;
``(D) academia;
``(E) private industry;
``(F) nongovernmental organizations; and
``(G) Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)).
``(c) Action Plan.--
``(1) In general.--Not later than 3 years and 180 days after the date of the enactment of the South Florida Clean Coastal Waters Act of 2021, the Task Force shall develop and submit to Congress a plan, based on the integrated assessment under subsection (b), for reducing, mitigating, and controlling harmful algal blooms and hypoxia in South Florida.
``(2) Contents.--The plan submitted under paragraph (1) shall--
``(A) address the monitoring needs identified in the integrated assessment under subsection (b);
``(B) develop a timeline and budgetary requirements for deployment of future assets;
``(C) identify requirements for the development and verification of South Florida harmful algal bloom and hypoxia 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) propose a plan to implement a remote monitoring network and early warning system for alerting local communities in the region to harmful algal bloom risks that may impact human health.
``(3) Requirements.--In developing the action plan, the Task Force shall--
``(A) consult with the State of Florida, and affected local and tribal governments;
``(B) consult with representatives from regional academic, agricultural, industry, and other stakeholder groups;
``(C) ensure that the plan complements and does not duplicate activities conducted by other Federal or State agencies, including the South Florida Ecosystem Restoration Task Force;
``(D) identify critical research for reducing, mitigating, and controlling harmful algal bloom 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) 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) after submitting the completed plan to Congress, provide biennial progress reports on the activities toward achieving the objectives of the plan.''.
(b) Clerical Amendment and Correction.--The table of contents in section 2 of the Coast Guard Authorization Act of 1998 (Public Law 105-383) is amended by striking the items relating to title VI and inserting the following new items:
``TITLE VI--HARMFUL ALGAL BLOOMS AND HYPOXIA
``Sec. 601. Short title.
``Sec. 602. Findings.
``Sec. 603. Assessments.
``Sec. 603A. National Harmful Algal Bloom and Hypoxia Program.
``Sec. 603B. Comprehensive research plan and action strategy.
``Sec. 604. Northern Gulf of Mexico hypoxia.
``Sec. 605. South Florida harmful algal blooms and hypoxia.
``Sec. 606. Great Lakes hypoxia and harmful algal blooms.
``Sec. 607. Protection of States' rights.
``Sec. 608. Effect on other Federal authority.
``Sec. 609. Definitions.
``Sec. 610. Authorization of appropriations.''.
____________________
SOURCE: Congressional Record Vol. 168, No. 41
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