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33 U.S.C. § 4010 — Hypoxia or harmful algal bloom of national significance

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 4010 — Hypoxia or harmful algal bloom of national significance

(1) **Relief** (A) *In general* — Upon a determination under paragraph (2) that there is an event of national significance, the appropriate Federal official is authorized to make sums available to the affected State or local government for the purposes of assessing and mitigating the detrimental environmental, economic, subsistence use, and public health effects of the event of national significance. (B) *Federal share* — The Federal share of the cost of any activity carried out under this paragraph for the purposes described in subparagraph (A) may not exceed 50 percent of the cost of that activity. (C) *Donations* — Notwithstanding any other provision of law, an appropriate Federal official may accept donations of funds, services, facilities, materials, or equipment that the appropriate Federal official considers necessary for the purposes described in subparagraph (A). Any funds donated to an appropriate Federal official under this paragraph may be expended without further appropriation and without fiscal year limitation. (2) **Determinations** (A) *In general* — At the discretion of an appropriate Federal official, or at the request of the Governor of an affected State, an appropriate Federal official shall determine whether a hypoxia or harmful algal bloom event is an event of national significance. (B) *Considerations* — In making a determination under subparagraph (A), the appropriate Federal official shall consider the toxicity of the harmful algal bloom, the severity of the hypoxia, its potential to spread, the economic impact, the relative size in relation to the past 5 occurrences of harmful algal blooms or hypoxia events that occur on a recurrent or annual basis, and the geographic scope, including the potential to affect several municipaliti

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Source file: Laws/federal/codes/united-states-code/title-33/section-4010-hypoxia-or-harmful-algal-bloom-of-national-significance--d774a8b850.md
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Source location: Title 33, Chapter 53, § 4010; chapter-053-harmful-algal-bloom-and-hypoxia-research-and-control.md

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(1) **Relief** (A) *In general* — Upon a determination under paragraph (2) that there is an event of national significance, the appropriate Federal official is authorized to make sums available to the affected State or local government for the purposes of assessing and mitigating the detrimental environmental, economic, subsistence use, and public health effects of the event of national significance. (B) *Federal share* — The Federal share of the cost of any activity carried out under this paragraph for the purposes described in subparagraph (A) may not exceed 50 percent of the cost of that activity. (C) *Donations* — Notwithstanding any other provision of law, an appropriate Federal official may accept donations of funds, services, facilities, materials, or equipment that the appropriate Federal official considers necessary for the purposes described in subparagraph (A). Any funds donated to an appropriate Federal official under this paragraph may be expended without further appropriation and without fiscal year limitation. (2) **Determinations** (A) *In general* — At the discretion of an appropriate Federal official, or at the request of the Governor of an affected State, an appropriate Federal official shall determine whether a hypoxia or harmful algal bloom event is an event of national significance. (B) *Considerations* — In making a determination under subparagraph (A), the appropriate Federal official shall consider the toxicity of the harmful algal bloom, the severity of the hypoxia, its potential to spread, the economic impact, the relative size in relation to the past 5 occurrences of harmful algal blooms or hypoxia events that occur on a recurrent or annual basis, and the geographic scope, including the potential to affect several municipalities, to affect more than 1 State, or to cross an international boundary. (3) **Definitions** — In this subsection: (A) *Appropriate federal official* — The term “appropriate Federal official” means— (i) in the case of a marine or coastal hypoxia or harmful algal bloom event, the Under Secretary of Commerce for Oceans and Atmosphere; and (ii) in the case of a freshwater hypoxia or harmful algal bloom event, the Administrator of the Environmental Protection Agency. (B) *Event of national significance* — The term “event of national significance” means a hypoxia or harmful algal bloom event that has had or will likely have a significant detrimental environmental, economic, subsistence use, or public health impact on an affected State. (C) *Hypoxia or harmful algal bloom event* — The term “hypoxia or harmful algal bloom event” means the occurrence of hypoxia or a harmful algal bloom as a result of a natural, anthropogenic, or undetermined cause.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 8511 — Definitions

In this chapter: (1) **Seasonal** — The term “seasonal” means the time range between 3 months and 2 years. (2) **State** — The term “State” means a State, a territory, or possession of the United States, including a Commonwealth, or the District of Columbia. (3) **Subseasonal** — The term “subseasonal” means the time range between 2 weeks and 3 months. (4) **Under Secretary** — The term “Under Secretary” means the Under Secretary of Commerce for Oceans and Atmosphere. (5) **Weather industry and weather enterprise** — The terms “weather industry” and “weather enterprise” are interchangeable in this chapter, and include individuals and organizations from public, private, and academic sectors that contribute to the research, development, and production of weather forecast products, and primary consumers of these weather forecast products.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 4001 — Assessments

**(a) Establishment of Inter-Agency Task Force** The President, through the Committee on Environment and Natural Resources of the National Science and Technology Council, shall establish an Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia. The Task Force shall consist of a representative from— (1) the Department of Commerce (who shall serve as Chairman of the Task Force); (2) the Environmental Protection Agency; (3) the Department of Agriculture; (4) the Department of the Interior; (5) the Department of the Navy; (6) the Department of Health and Human Services; (7) the National Science Foundation; (8) the National Aeronautics and Space Administration; (9) the Food and Drug Administration; (10) the Office of Science and Technology Policy; (11) the Council on Environmental Quality; (12) the Centers for Disease Control and Prevention; (13) the Army Corps of Engineers; and (14) other Federal agencies as the President considers appropriate. **(b) Assessment of harmful algal blooms** (1) Not later than 12 months after November 13, 1998, the Task Force, in cooperation with the coastal States, Indian tribes, and local governments, industry (including agricultural organizations), academic institutions, and non-governmental organizations with expertise in coastal zone management, shall complete and submit to the Congress an assessment which examines the ecological and economic consequences of harmful algal blooms, alternatives for reducing, mitigating, and controlling harmful algal blooms, and the social and economic costs and benefits of such alternatives. (2) The assessment shall— (A) identify alternatives for preventing unnecessary duplication of effort among Federal agencies and departments with respect to harmful algal blooms; and (B) provid

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 4010 — Hypoxia or harmful algal bloom of na-

Page 1031 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 4010 § 4007. Effect on other Federal authority (a) Authority preserved Nothing in this chapter supersedes or limits the authority of any agency to carry out its re- sponsibilities and missions under other laws. (b) Regulatory authority Nothing in this chapter may be construed as establishing new regulatory authority for any agency. (Pub. L. 105–383, title VI, § 608, formerly § 607, as added Pub. L. 113–124, § 9, June 30, 2014, 128 Stat. 1385; renumbered § 608, Pub. L. 117–144, § 2(a)(1), June 16, 2022, 136 Stat. 1266.) Editorial Notes PRIOR PROVISIONS A prior section 608 of Pub. L. 105–383 was renumbered section 609 and is classified to section 4008 of this title. § 4008. Definitions In this chapter: (1) Action Strategy The term ‘‘Action Strategy’’ means the com- prehensive research plan and action strategy established under section 4003 of this title. (2) Administrator The term ‘‘Administrator’’ means the Ad- ministrator of the Environmental Protection Agency. (3) Harmful algal bloom The term ‘‘harmful algal bloom’’ means ma- rine and freshwater phytoplankton that pro- liferate to high concentrations, resulting in nuisance conditions or harmful impacts on marine and aquatic ecosystems, coastal com- munities, and human health through the pro- duction of toxic compounds or other biologi- cal, chemical, and physical impacts of the algae outbreak. (4) Hypoxia The term ‘‘hypoxia’’ means a condition where low dissolved oxygen in aquatic systems causes stress or death to resident organisms. (5) Program The term ‘‘Program’’ means the national harmful algal bloom and hypoxia program es- tablished under section 4002 of this title. (6) State The term ‘‘State’’ means each of the several State

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