33 U.S.C. § 4004a

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 4004a - 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 June 16, 2022, 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.

(2) Finalized integrated assessment

Not later than 3 years after June 16, 2022, 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 5304 of title 25).

(c) Action plan

(1) In general

Not later than 3 years and 180 days after June 16, 2022, 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.

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.

EDITORIAL NOTES

PRIOR PROVISIONSA prior section 605 of Pub. L. 105-383 was renumbered section 606 and is classified to section 4005 of this title.

Program: The term "Program" means the national harmful algal bloom and hypoxia program established under section 4002 of this title.
State: The term "State" means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, any other territory or possession of the United States, and any Indian tribe.
Task Force: The term "Task Force" means the Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia under section 4001(a) of this title.
harmful algal bloom: The term "harmful algal bloom" means marine and freshwater phytoplankton that proliferate to high concentrations, resulting in nuisance conditions or harmful impacts on marine and aquatic ecosystems, coastal communities, and human health through the production of toxic compounds or other biological, chemical, and physical impacts of the algae outbreak.
hypoxia: The term "hypoxia" means a condition where low dissolved oxygen in aquatic systems causes stress or death to resident organisms.