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33 U.S.C. § 4001 — Assessments

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

33 U.S.C. § 4001 — Assessments

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Source location: Title 33, Chapter 53, § 4001; chapter-053-harmful-algal-bloom-and-hypoxia-research-and-control.md

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**(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) provide for Federal cooperation and coordination with and assistance to the coastal States, Indian tribes, and local governments in the prevention, reduction, management, mitigation, and control of harmful algal blooms and their environmental and public health impacts. **(c) Assessment of hypoxia** (1) Not later than 12 months after November 13, 1998, the Task Force, in cooperation with the States, Indian tribes, local governments, industry, agricultural, academic institutions, and non-governmental organizations with expertise in watershed and coastal zone management, shall complete and submit to the Congress an assessment which examines the ecological and economic consequences of hypoxia in United States coastal waters, alternatives for reducing, mitigating, and controlling hypoxia, and the social and economic costs and benefits of such alternatives. (2) The assessment shall— (A) establish needs, priorities, and guidelines for a peer-reviewed, inter-agency research program on the causes, characteristics, and impacts of hypoxia; (B) identify alternatives for preventing unnecessary duplication of effort among Federal agencies and departments with respect to hypoxia; and (C) provide for Federal cooperation and coordination with and assistance to the States, Indian tribes, and local governments in the prevention, reduction, management, mitigation, and control of hypoxia and its environmental impacts. **(d) Report to Congress on harmful algal bloom impacts** (1) **Development** — Not later than 12 months after December 10, 2004, the President, in consultation with the chief executive officers of the States, shall develop and submit to the Congress a report that describes and evaluates the effectiveness of measures described in paragraph (2) that may be utilized to protect environmental and public health from impacts of harmful algal blooms. In developing the report, the President shall consult with the Task Force, the coastal States, Indian tribes, local governments, appropriate industries (including fisheries, agriculture, and fertilizer), academic institutions, and nongovernmental organizations with expertise in coastal zone science and management, and also consider the scientific assessments developed under this Act. (2) **Requirements** — The report shall— (A) review techniques for prediction of the onset, course, and impacts of harmful algal blooms including evaluation of their accuracy and utility in protecting environmental and public health and provisions for their development; (B) identify innovative research and development methods for the prevention, control, and mitigation of harmful algal blooms and provisions for their development; and (C) include incentive-based partnership approaches regarding subparagraphs (A) and (B) where practicable. (3) **Publication and opportunity for comment** — At least 90 days before submitting the report to the Congress, the President shall cause a summary of the proposed plan to be published in the Federal Register for a public comment period of not less than 60 days. (4) **Federal assistance** — The Secretary of Commerce, in coordination with the Task Force and to the extent of funds available, shall provide for Federal cooperation with and assistance to the coastal States, Indian tribes, and local governments regarding the measures described in paragraph (2), as requested. **(e) Local and regional scientific assessments** (1) **In general** — The Secretary of Commerce, in coordination with the Task Force and appropriate State, Indian tribe, and local governments, to the extent of funds available, shall provide for local and regional scientific assessments of hypoxia and harmful algal blooms, as requested by States, Indian tribes, and local governments, or for affected areas as identified by the Secretary. If the Secretary receives multiple requests, the Secretary shall ensure, to the extent practicable, that assessments under this subsection cover geographically and ecologically diverse locations with significant ecological and economic impacts from hypoxia or harmful algal blooms. The Secretary shall establish a procedure for reviewing requests for local and regional assessments. The Secretary shall ensure, through consultation with Sea Grant Programs, that the findings of the assessments are communicated to the appropriate State, Indian tribe, and local governments, and to the general public. (2) **Purpose** — Local and regional assessments shall examine— (A) the causes and ecological consequences, and the economic cost, of hypoxia or harmful algal blooms in that area; (B) potential methods to prevent, control, and mitigate hypoxia or harmful algal blooms in that area and the potential ecological and economic costs and benefits of such methods; and (C) other topics the Task Force considers appropriate. **(f) Scientific assessments of hypoxia** (1) Not less than once every 5 years the Task Force shall complete and submit to the Congress a scientific assessment of hypoxia in United States coastal waters including the Great Lakes. The first such assessment shall be completed not less than 24 months after December 10, 2004. (2) The assessments under this subsection shall— (A) examine the causes and ecological consequences, and the economic costs, of hypoxia; (B) describe the potential ecological and economic costs and benefits of possible policy and management actions for preventing, controlling, and mitigating hypoxia; (C) evaluate progress made by, and the needs of, Federal research programs on the causes, characteristics, and impacts of hypoxia, including recommendations of how to eliminate significant gaps in hypoxia modeling and monitoring data; and (D) identify ways to improve coordination and to prevent unnecessary duplication of effort among Federal agencies and departments with respect to research on hypoxia. **(g) Scientific assessments of marine and freshwater harmful algal blooms** Not less than once every 5 years the Task Force shall complete and submit to Congress a scientific assessment of harmful algal blooms in United States coastal waters and freshwater systems. Each assessment shall examine both marine and freshwater harmful algal blooms, including those in the Great Lakes and upper reaches of estuaries, those in freshwater lakes and rivers, and those that originate in freshwater lakes or rivers and migrate to coastal waters. **(h) National scientific research, development, demonstration, and technology transfer plan on reducing impacts from harmful algal blooms** (1) Not later than 12 months after December 10, 2004, the Task Force shall develop and submit to Congress a plan providing for a comprehensive and coordinated national research program to develop and demonstrate prevention, control, and mitigation methods to reduce the impacts of harmful algal blooms on coastal ecosystems (including the Great Lakes), public health, and the economy. (2) The plan shall— (A) establish priorities and guidelines for a competitive, peer reviewed, merit based interagency research, development, demonstration, and technology transfer program on methods for the prevention, control, and mitigation of harmful algal blooms; (B) identify ways to improve coordination and to prevent unnecessary duplication of effort among Federal agencies and departments with respect to the actions described in paragraph (1); and (C) include to the maximum extent practicable diverse institutions, including Historically Black Colleges and Universities and those serving large proportions of Hispanics, Native Americans, Asian Pacific Americans, and other underrepresented populations. (3) The Secretary of Commerce, in conjunction with other appropriate Federal agencies, shall establish a research, development, demonstration, and technology transfer program that meets the priorities and guidelines established under paragraph (2)(A). The Secretary shall ensure, through consultation with Sea Grant Programs, that the results and findings of the program are communicated to State, Indian tribe, and local governments, and to the general public. **(i) Report** Not later than 2 years after the date the Action Strategy is submitted under [section 4003 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section4003&num=0&edition=prelim), the Under Secretary shall submit a report to Congress that describes— (1) the proceedings of the annual Task Force meetings; (2) the activities carried out under the Program, including the regional and subregional parts of the Action Strategy; (3) the budget related to the activities under paragraph (2); (4) the progress made on implementing the Action Strategy; and (5) any need to revise or terminate research and activities under the Program.

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

33 U.S.C. § 4004 — Northern Gulf of Mexico hypoxia

**(a) Initial progress reports** Beginning not later than 12 months after June 30, 2014, and biennially thereafter, the Administrator, through the Mississippi River/Gulf of Mexico Watershed Nutrient Task Force, shall submit a progress report to the appropriate congressional committees and the President that describes the progress made by activities directed by the Mississippi River/Gulf of Mexico Watershed Nutrient Task Force and carried out or funded by the Environmental Protection Agency and other State and Federal partners toward attainment of the goals of the Gulf Hypoxia Action Plan 2008. **(b) Contents** Each report required under this section shall— (1) assess the progress made toward nutrient load reductions, the response of the hypoxic zone and water quality throughout the Mississippi/Atchafalaya River Basin, and the economic and social effects; (2) evaluate lessons learned; and (3) recommend appropriate actions to continue to implement or, if necessary, revise the strategy set forth in the Gulf Hypoxia Action Plan 2008.

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

33 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section4001&num=0&edition=prelim), 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 effe

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

16 U.S.C. § 1451 — Congressional findings

The Congress finds that— **(a)** There is a national interest in the effective management, beneficial use, protection, and development of the coastal zone. **(b)** The coastal zone is rich in a variety of natural, commercial, recreational, ecological, industrial, and esthetic resources of immediate and potential value to the present and future well-being of the Nation. **(c)** The increasing and competing demands upon the lands and waters of our coastal zone occasioned by population growth and economic development, including requirements for industry, commerce, residential development, recreation, extraction of mineral resources and fossil fuels, transportation and navigation, waste disposal, and harvesting of fish, shellfish, and other living marine resources, have resulted in the loss of living marine resources, wildlife, nutrient-rich areas, permanent and adverse changes to ecological systems, decreasing open space for public use, and shoreline erosion. **(d)** The habitat areas of the coastal zone, and the fish, shellfish, other living marine resources, and wildlife therein, are ecologically fragile and consequently extremely vulnerable to destruction by man’s alterations. **(e)** Important ecological, cultural, historic, and esthetic values in the coastal zone which are essential to the well-being of all citizens are being irretrievably damaged or lost. **(f)** New and expanding demands for food, energy, minerals, defense needs, recreation, waste disposal, transportation, and industrial activities in the Great Lakes, territorial sea, exclusive economic zone, and Outer Continental Shelf are placing stress on these areas and are creating the need for resolution of serious conflicts among important and competing uses and values in coastal and ocean waters; 11 So

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

33 U.S.C. § 4001a — Consultation required

In developing the assessments, reports, and plans under the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998, the Task Force shall consult with the coastal States, Indian tribes, local governments, appropriate industries (including fisheries, agriculture, and fertilizer), academic institutions, and nongovernmental organizations with expertise in coastal zone science and management.

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

33 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section4001&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim)). **(c) Action plan** (1) **In general** — Not later than 3 years

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

33 U.S.C. § 4003 — Comprehensive research plan and action strategy

**(a) In general** Not later than 1 year after June 30, 2014, the Under Secretary, through the Task Force, shall develop and submit to Congress a comprehensive research plan and action strategy to address marine and freshwater harmful algal blooms and hypoxia. The Action Strategy shall identify— (1) the specific activities to be carried out by the Program and the timeline for carrying out those activities; (2) the roles and responsibilities of each Federal agency in the Task Force in carrying out the activities under paragraph (1); and (3) the appropriate regions and subregions requiring specific research and activities to address harmful algal blooms and hypoxia. **(b) Regional focus** The regional and subregional parts of the Action Strategy shall identify— (1) regional priorities for ecological, economic, and social research on issues related to the impacts of harmful algal blooms and hypoxia; (2) research, development, and demonstration activities needed to develop and advance technologies and techniques for minimizing the occurrence of harmful algal blooms and hypoxia and improving capabilities to detect, predict, monitor, control, mitigate, respond to, and remediate harmful algal blooms and hypoxia; (3) ways to reduce the duration and intensity of harmful algal blooms and hypoxia, including deployment of response technologies in a timely manner; (4) research and methods to address human health dimensions of harmful algal blooms and hypoxia; (5) mechanisms, including the potential costs and benefits of those mechanisms, to protect ecosystems that may be or have been affected by harmful algal bloom and hypoxia events; (6) mechanisms by which data, information, and products may be transferred between the Program and the State, tribal, and local governments

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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. § 3101 — Interagency oceans and human health research program

**(a) Coordination** The President, through the National Science and Technology Council, shall coordinate and support a national research program to improve understanding of the role of the oceans in human health. **(b) Implementation plan** Within 1 year after December 8, 2004, the National Science and Technology Council, through the Director of the Office of Science and Technology Policy shall develop and submit to the Congress a plan for coordinated Federal activities under the program. Nothing in this subsection is intended to duplicate or supersede the activities of the Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia established under section 4001 11 See References in Text note below. of this title. In developing the plan, the Committee will consult with the Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia. Such plan will build on and complement the ongoing activities of the National Oceanic and Atmospheric Administration, the National Science Foundation, and other departments and agencies and shall— (1) establish, for the 10-year period beginning in the year it is submitted, the goals and priorities for Federal research which most effectively advance scientific understanding of the connections between the oceans and human health, provide usable information for the prediction of marine-related public health problems and use the biological potential of the oceans for development of new treatments of human diseases and a greater understanding of human biology; (2) describe specific activities required to achieve such goals and priorities, including the funding of competitive research grants, ocean and coastal observations, training and support for scientists, and participation in international research efforts; (3) identify and address, as

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

33 U.S.C. § 4001 — Assessments

Page 1022 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3914 Editorial Notes REFERENCES IN TEXT Section 3907(a)(5) of this title, referred to in subsec. (b)(2)(A), was struck out, and section 3907(a)(6) of this title was redesignated as 3907(a)(5), by Pub. L. 114–94, div. A, title I, § 1445, Dec. 4, 2015, 129 Stat. 1437. As amended, section 3907(a)(5) no longer relates to limita- tion. AMENDMENTS 2018—Pub. L. 115–270, § 4201(d)(1), struck out ‘‘pilot’’ before ‘‘program’’ in section catchline. Subsec. (b)(1). Pub. L. 115–270, § 4201(d)(2), substituted ‘‘3 years after October 23, 2018’’ for ‘‘4 years after June 10, 2014’’ in introductory provisions. Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 2 of Pub. L. 113–121, set out as a note under section 2201 of this title. § 3914. Requirements (a) In general Except as provided in subsection (c), none of the amounts made available under this chapter may be used for the construction, alteration, maintenance, or repair of a project eligible for assistance under this chapter unless all of the iron and steel products used in the project are produced in the United States. (b) Definition of iron and steel products In this section, the term ‘‘iron and steel prod- ucts’’ means the following products made pri- marily of iron or steel: lined or unlined pipes and fittings, manhole covers and other munic- ipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. (c) Application Subsection (a) shall not apply in any case or category of cases in which the Administrator finds that— (1) applying subsection (a) would be incon- sistent with the public

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