Title 33 — Navigation and Navigable Waters
Chapter 53 — Harmful Algal Bloom and Hypoxia Research and Control
§ 4004a. South Florida harmful algal blooms and hypoxia
Statutory text
South Florida
In this section, the term “South Florida” means—
all lands and waters within the administrative boundaries of the South Florida Water Management District;
regional coastal waters, including Biscayne Bay, the Caloosahatchee Estuary, Florida Bay, Indian River Lagoon, and St. Lucie River Estuary; and
the Florida Reef Tract.
Integrated assessment
Interim integrated assessment
Not later than 540 days after , the Task Force, in accordance with the authority under section 4001 of this title, shall complete and submit to Congress and the President an interim integrated assessment.
Finalized integrated assessment
Not later than 3 years after , the Task Force shall finalize, and submit to Congress and the President, the interim integrated assessment required by paragraph (1).
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—
Federal agencies;
State agencies;
regional research consortia;
academia;
private industry;
nongovernmental organizations; and
Indian tribes (as defined in section 5304 of title 25).
Action plan
In general
Not later than 3 years and 180 days after , 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.
Contents
The plan submitted under paragraph (1) shall—
address the monitoring needs identified in the integrated assessment under subsection (b);
develop a timeline and budgetary requirements for deployment of future assets;
identify requirements for the development and verification of South Florida harmful algal bloom and hypoxia models, including—
all assumptions built into the models; and
data quality methods used to ensure the best available data are utilized; and
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.
Requirements
In developing the action plan, the Task Force shall—
consult with the State of Florida, and affected local and tribal governments;
consult with representatives from regional academic, agricultural, industry, and other stakeholder groups;
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;
identify critical research for reducing, mitigating, and controlling harmful algal bloom events and their effects;
evaluate cost-effective, incentive-based partnership approaches;
ensure that the plan is technically sound and cost-effective;
utilize existing research, assessments, reports, and program activities;
publish a summary of the proposed plan in the Federal Register at least 180 days prior to submitting the completed plan to Congress; and
after submitting the completed plan to Congress, provide biennial progress reports on the activities toward achieving the objectives of the plan.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Harmful Algal Bloom and Hypoxia Research and Control Act of 1998
Pub. L. 105–383 title VI § 605 · 112 Stat. 3411
Enacted · 33 U.S.C. § 4004a
(Pub. L. 105–383, title VI, § 605, as added Pub. L. 117–144, § 2(a)(2), June 16, 2022, 136 Stat. 1266.)
Source evidence
Code source credit
(Pub. L. 105–383, title VI, § 605, as added Pub. L. 117–144, § 2(a)(2), June 16, 2022, 136 Stat. 1266.)Enacted provision · exact public law section
SEC. 605. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Commerce for research, education, and monitoring activities related to the prevention, reduction, and control of harmful algal blooms and hypoxia, $15,000,000 for fiscal year 1999, $18,250,000 for fiscal year 2000, and $19,000,000 for fiscal year 2001, to remain available until expended. The Secretary shall consult with the States on a regular basis regarding the development and implementation of the activities authorized under this section. Of such amounts for each fiscal year— (1) $1,500,000 for fiscal year 1999, $1,500,000 for fiscal year 2000, and $2,000,000 for fiscal year 2001 may be used to enable the National Oceanic and Atmospheric Administration to carry out research and assessment activities, including procurement of necessary research equipment, at research laboratories of the National Ocean Service and the National Marine Fisheries Service; (2) $4,000,000 for fiscal year 1999, $5,500,000 for fiscal year 2000, and $5,500,000 for fiscal year 2001 may be used to carry out the Ecology and Oceanography of Harmful Algal Blooms (ECOHAB) project under the Coastal Ocean Program established under section 201(c) of Public Law 102–567; (3) $1,000,000 for fiscal year 1999, $2,000,000 for fiscal year 2000, and $2,000,000 for fiscal year 2001 may be used by the National Ocean Service of the National Oceanic and Atmospheric Administration to carry out a peer-reviewed research project on management measures that can be taken to prevent, reduce, control, and mitigate harmful algal blooms; (4) $5,500,000 for each of the fiscal years 1999, 2000, and 2001 may be used to carry out Federal and State annual monitoring and analysis activities for harmful algal blooms administered by the National Ocean Service of the National Oceanic and Atmospheric Administration; and (5) $3,000,000 for fiscal year 1999, $3,750,000 for fiscal year 2000, and $4,000,000 for fiscal year 2001 may be used for activities related to research and monitoring on hypoxia by the National Ocean Service and the Office of Oceanic and Atmospheric Research of the National Oceanic and Atmospheric Administration.
1 of 1 references resolved to an enrolled provision
Editorial Notes
Prior Provisions
A prior section 605 of Pub. L. 105–383 was renumbered section 606 and is classified to section 4005 of this title.
Credits
(Pub. L. 105–383, title VI, § 605, as added Pub. L. 117–144, § 2(a)(2), , 136 Stat. 1266.)