33 U.S.C. § 4005

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

Section 4005 - Great Lakes hypoxia and harmful algal blooms

(a) Integrated assessment

Not later than 18 months after June 30, 2014, 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 June 30, 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.

33 U.S.C. § 4005

Pub. L. 105-383, title VI, §606, formerly §605, Nov. 13, 1998, 112 Stat. 3449; Pub. L. 108-456, title I, §105, Dec. 10, 2004, 118 Stat. 3633; Pub. L. 110-161, div. B, title V, §528, Dec. 26, 2007, 121 Stat. 1930; Pub. L. 113-124, §8, June 30, 2014, 128 Stat. 1384; renumbered §606, Pub. L. 117-144, §2(a)(1), June 16, 2022, 136 Stat. 1266.

EDITORIAL NOTES

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

PRIOR PROVISIONSA prior section 606 of Pub. L. 105-383 was renumbered section 607 and is classified to section 4006 of this title.

AMENDMENTS2014- 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).

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.