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Title 33 — Navigation and Navigable Waters

Chapter 53 — Harmful Algal Bloom and Hypoxia Research and Control

§ 4005. Great Lakes hypoxia and harmful algal blooms

Statutory text

(a)

Integrated assessment

Not later than 18 months after , the Task Force, in accordance with the authority under section 4001 of this title, 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)

In general

Not later than 2 years after , 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.

(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)

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)

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.

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.

  1. Harmful Algal Bloom and Hypoxia Research and Control Act of 1998

    Pub. L. 105–383 title VI § 606 · 112 Stat. 3411

    Enacted · 33 U.S.C. § 4005

    Pub. L. 105–383, title VI, § 606, formerly § 605, Nov. 13, 1998, 112 Stat. 3449

    Source evidence

    Code source credit
    Pub. L. 105–383, title VI, § 606, formerly § 605, Nov. 13, 1998, 112 Stat. 3449

    Enacted provision · exact public law section
    SEC. 606. 16 USC 1451 note. PROTECTION OF STATES’ RIGHTS. (a) Nothing in this title shall be interpreted to adversely affect existing State regulatory or enforcement power which has been granted to any State through the Clean Water Act or Coastal Zone Management Act of 1972. (b) Nothing in this title shall be interpreted to expand the regulatory or enforcement power of the Federal Government which has been delegated to any State through the Clean Water Actor Coastal Zone Management Act of 1972.

  2. Harmful Algal Bloom and Hypoxia Amendments Act of 2004

    Pub. L. 108–456 § 105(1) · 118 Stat. 3630

    Struck and inserted · 33 U.S.C. § 4005

    Pub. L. 108–456, § 105(1), (2), in introductory provisions, struck out “and” after “2000,” and inserted “$23,500,000 for fiscal year 2005, $24,500,000 for fiscal year 2006, $25,000,000 for fiscal year 2007, and $25,500,000 for fiscal year 2008,” after “2001,”

    Source evidence

    Code amendment note
    Pub. L. 108–456, § 105(1), (2), in introductory provisions, struck out “and” after “2000,” and inserted “$23,500,000 for fiscal year 2005, $24,500,000 for fiscal year 2006, $25,000,000 for fiscal year 2007, and $25,500,000 for fiscal year 2008,” after “2001,”.

    Enacted provision · exact public law section
    (1) by striking “and” after “2000,” in the first sentence and in the paragraphs (1), (2), (3), and (5);

  3. Harmful Algal Bloom and Hypoxia Amendments Act of 2004

    Pub. L. 108–456 § 105(1) · 118 Stat. 3630

    Struck and inserted · 33 U.S.C. § 4005(1)

    Pub. L. 108–456, § 105(1), (3), struck out “and” after “2000,” and inserted “, and $2,500,000 for each of fiscal years 2005 through 2008” after “2001”

    Source evidence

    Code amendment note
    Par. (1). Pub. L. 108–456, § 105(1), (3), struck out “and” after “2000,” and inserted “, and $2,500,000 for each of fiscal years 2005 through 2008” after “2001”.

    Enacted provision · exact public law section
    (1) by striking “and” after “2000,” in the first sentence and in the paragraphs (1), (2), (3), and (5);

  4. Harmful Algal Bloom and Hypoxia Amendments Act of 2004

    Pub. L. 108–456 § 105(1) · 118 Stat. 3630

    Struck and inserted · 33 U.S.C. § 4005(2)

    Pub. L. 108–456, § 105(1), (4), struck out “and” after “2000,” and inserted “, and $6,500,000, of which $1,000,000 shall be used for the research program described in section 603(f)(2)(B), for each of fiscal years 2005 through 2008” after “2001”

    Source evidence

    Code amendment note
    Par. (2). Pub. L. 108–456, § 105(1), (4), struck out “and” after “2000,” and inserted “, and $6,500,000, of which $1,000,000 shall be used for the research program described in section 603(f)(2)(B), for each of fiscal years 2005 through 2008” after “2001”.

    Enacted provision · exact public law section
    (1) by striking “and” after “2000,” in the first sentence and in the paragraphs (1), (2), (3), and (5);

  5. Harmful Algal Bloom and Hypoxia Amendments Act of 2004

    Pub. L. 108–456 § 105(1) · 118 Stat. 3630

    1. Struck · 33 U.S.C. § 4005(3)

      Pub. L. 108–456, § 105(1), (5), (6), struck out “and” after “2000,”

    2. Substituted · 33 U.S.C. § 4005(3)

      Pub. L. 108–456, § 105(1), (5), (6), substituted “2001, and $3,000,000 for each of fiscal years 2005 through 2008” for “2001”

    3. Substituted · 33 U.S.C. § 4005(3)

      Pub. L. 108–456, § 105(1), (5), (6), substituted “blooms and to carry out section 603(d);” for “blooms;”

    Source evidence

    Code amendment note
    Par. (3). Pub. L. 108–456, § 105(1), (5), (6), struck out “and” after “2000,” and substituted “2001, and $3,000,000 for each of fiscal years 2005 through 2008” for “2001” and “blooms and to carry out section 603(d);” for “blooms;”.

    Enacted provision · exact public law section
    (1) by striking “and” after “2000,” in the first sentence and in the paragraphs (1), (2), (3), and (5);

  6. Harmful Algal Bloom and Hypoxia Amendments Act of 2004

    Pub. L. 108–456 § 105(7) · 118 Stat. 3630

    Substituted · 33 U.S.C. § 4005(4)

    Pub. L. 108–456, § 105(7), substituted “2001, and $6,000,000 for each of fiscal years 2005 through 2008” for “and 2001”

    Source evidence

    Code amendment note
    Par. (4). Pub. L. 108–456, § 105(7), substituted “2001, and $6,000,000 for each of fiscal years 2005 through 2008” for “and 2001”.

    Enacted provision · exact public law section
    (7) by striking “and 2001” in paragraph (4) and inserting “2001, and $6,000,000 for each of fiscal years 2005 through 2008”;

  7. Harmful Algal Bloom and Hypoxia Amendments Act of 2004

    Pub. L. 108–456 § 105(1) · 118 Stat. 3630

    1. Struck · 33 U.S.C. § 4005(5)

      Pub. L. 108–456, § 105(1), (9), struck out “and” after “2000,”

    2. Substituted · 33 U.S.C. § 4005(5)

      Pub. L. 108–456, § 105(1), (9), substituted “2001, $4,000,000 for fiscal year 2005, $5,000,000 for fiscal year 2006, $5,500,000 for fiscal year 2007, and $6,000,000 for fiscal year 2008” for “2001”

    Source evidence

    Code amendment note
    Par. (5). Pub. L. 108–456, § 105(1), (9), struck out “and” after “2000,” and substituted “2001, $4,000,000 for fiscal year 2005, $5,000,000 for fiscal year 2006, $5,500,000 for fiscal year 2007, and $6,000,000 for fiscal year 2008” for “2001”.

    Enacted provision · exact public law section
    (1) by striking “and” after “2000,” in the first sentence and in the paragraphs (1), (2), (3), and (5);

  8. Harmful Algal Bloom and Hypoxia Amendments Act of 2004

    Pub. L. 108–456 § 105(8) · 118 Stat. 3630

    Added · 33 U.S.C. § 4005(6)

    Pub. L. 108–456, § 105(8), (10), (11), added par. (6)

    Source evidence

    Code amendment note
    Par. (6). Pub. L. 108–456, § 105(8), (10), (11), added par. (6).

    Enacted provision · exact public law section
    (8) by striking “and” after the semicolon in paragraph (4);

  9. Consolidated Appropriations Act, 2008

    Pub. L. 110–161 § 528(1) · 121 Stat. 1844

    Substituted · 33 U.S.C. § 4005

    Pub. L. 110–161, § 528(1), substituted “$30,000,000 for each of fiscal years 2008 through 2010” for “$25,500,000 for fiscal year 2008” in introductory provisions

    Source evidence

    Code amendment note
    Pub. L. 110–161, § 528(1), substituted “$30,000,000 for each of fiscal years 2008 through 2010” for “$25,500,000 for fiscal year 2008” in introductory provisions.

    Enacted provision · exact public law section
    (1) in the matter preceding paragraph (1) by striking “$25,500,000 for fiscal year 2008” and inserting “$30,000,000 for each of fiscal years 2008 through 2010”;

  10. Consolidated Appropriations Act, 2008

    Pub. L. 110–161 § 528(2) · 121 Stat. 1844

    Substituted · 33 U.S.C. § 4005(1)(4)

    Pub. L. 110–161, § 528(2), substituted “2010” for “2008”

    Source evidence

    Code amendment note
    Pars. (1) to (4). Pub. L. 110–161, § 528(2), substituted “2010” for “2008”.

    Enacted provision · exact public law section
    (2) in each of paragraphs (1), (2), (3), (4), and (6) by striking “2008” and inserting “2010”; and

  11. Consolidated Appropriations Act, 2008

    Pub. L. 110–161 § 528(3) · 121 Stat. 1844

    Substituted · 33 U.S.C. § 4005(5)

    Pub. L. 110–161, § 528(3), substituted “each of fiscal years 2008 through 2010” for “fiscal year 2008”

    Source evidence

    Code amendment note
    Par. (5). Pub. L. 110–161, § 528(3), substituted “each of fiscal years 2008 through 2010” for “fiscal year 2008”.

    Enacted provision · exact public law section
    (3) in paragraph (5) by striking “fiscal year 2008” and inserting “each of fiscal years 2008 through 2010”.

  12. Consolidated Appropriations Act, 2008

    Pub. L. 110–161 § 528(2) · 121 Stat. 1844

    Substituted · 33 U.S.C. § 4005(6)

    Pub. L. 110–161, § 528(2), substituted “2010” for “2008”

    Source evidence

    Code amendment note
    Par. (6). Pub. L. 110–161, § 528(2), substituted “2010” for “2008”.

    Enacted provision · exact public law section
    (2) in each of paragraphs (1), (2), (3), (4), and (6) by striking “2008” and inserting “2010”; and

  13. Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2014

    Pub. L. 113–124 § 8 · 128 Stat. 1379

    Amended · 33 U.S.C. § 4005

    Pub. L. 113–124 amended section generally. Prior to amendment, section authorized appropriations for research, education, and monitoring activities related to the prevention, reduction, and control of harmful algal blooms and hypoxia for fiscal years 1999 to 2010

    Source evidence

    Code amendment note
    Pub. L. 113–124 amended section generally. Prior to amendment, section authorized appropriations for research, education, and monitoring activities related to the prevention, reduction, and control of harmful algal blooms and hypoxia for fiscal years 1999 to 2010.

    Enacted provision · exact public law section
    SEC. 8. GREAT LAKES HYPOXIA AND HARMFUL ALGAL BLOOMS.   Section 605 16 USC 1451 note. is amended to read as follows: “SEC. 605. GREAT LAKES HYPOXIA AND HARMFUL ALGAL BLOOMS. “(a) 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) 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. “(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) 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) 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.” .

16 of 16 references resolved to an enrolled provision

Editorial Notes

Codification

Section was formerly set out in a note under section 1451 of Title 16, Conservation.

Prior Provisions

A prior section 606 of Pub. L. 105–383 was renumbered section 607 and is classified to section 4006 of this title.

Amendments2004–2014 · 3 rounds

2014

Pub. L. 113–124 amended section generally. Prior to amendment, section authorized appropriations for research, education, and monitoring activities related to the prevention, reduction, and control of harmful algal blooms and hypoxia for fiscal years 1999 to 2010.

2007

Pub. L. 110–161, § 528(1), substituted “$30,000,000 for each of fiscal years 2008 through 2010” for “$25,500,000 for fiscal year 2008” in introductory provisions.

Pars. (1) to (4). Pub. L. 110–161, § 528(2), substituted “2010” for “2008”.

Par. (5). Pub. L. 110–161, § 528(3), substituted “each of fiscal years 2008 through 2010” for “fiscal year 2008”.

Par. (6). Pub. L. 110–161, § 528(2), substituted “2010” for “2008”.

2004

Pub. L. 108–456, § 105(1), (2), in introductory provisions, struck out “and” after “2000,” and inserted “$23,500,000 for fiscal year 2005, $24,500,000 for fiscal year 2006, $25,000,000 for fiscal year 2007, and $25,500,000 for fiscal year 2008,” after “2001,”.

Par. (1). Pub. L. 108–456, § 105(1), (3), struck out “and” after “2000,” and inserted “, and $2,500,000 for each of fiscal years 2005 through 2008” after “2001”.

Par. (2). Pub. L. 108–456, § 105(1), (4), struck out “and” after “2000,” and inserted “, and $6,500,000, of which $1,000,000 shall be used for the research program described in section 603(f)(2)(B), for each of fiscal years 2005 through 2008” after “2001”.

Par. (3). Pub. L. 108–456, § 105(1), (5), (6), struck out “and” after “2000,” and substituted “2001, and $3,000,000 for each of fiscal years 2005 through 2008” for “2001” and “blooms and to carry out section 603(d);” for “blooms;”.

Par. (4). Pub. L. 108–456, § 105(7), substituted “2001, and $6,000,000 for each of fiscal years 2005 through 2008” for “and 2001”.

Par. (5). Pub. L. 108–456, § 105(1), (9), struck out “and” after “2000,” and substituted “2001, $4,000,000 for fiscal year 2005, $5,000,000 for fiscal year 2006, $5,500,000 for fiscal year 2007, and $6,000,000 for fiscal year 2008” for “2001”.

Par. (6). Pub. L. 108–456, § 105(8), (10), (11), added par. (6).

Credits

1998–2022 · 5 acts
  1. 1998Pub. L. 105–383, title VI, § 606, formerly § 605, , 112 Stat. 3449
  2. 2004Pub. L. 108–456, title I, § 105, , 118 Stat. 3633
  3. 2007Pub. L. 110–161, div. B, title V, § 528, , 121 Stat. 1930
  4. 2014Pub. L. 113–124, § 8, , 128 Stat. 1384
  5. 2022renumbered § 606, Pub. L. 117–144, § 2(a)(1), , 136 Stat. 1266.
Show as published

(Pub. L. 105–383, title VI, § 606, formerly § 605, , 112 Stat. 3449; Pub. L. 108–456, title I, § 105, , 118 Stat. 3633; Pub. L. 110–161, div. B, title V, § 528, , 121 Stat. 1930; Pub. L. 113–124, § 8, , 128 Stat. 1384; renumbered § 606, Pub. L. 117–144, § 2(a)(1), , 136 Stat. 1266.)

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USLM identifier /us/usc/t33/s4005