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 States of the United States, the District of Co- lumbia, 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. (7) 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. (8) Under Secretary The term ‘‘Under Secretary’’ means the Under Secretary of Commerce for Oceans and Atmosphere. (9) United States coastal waters The term ‘‘United States coastal waters’’ in- cludes the Great Lakes. (Pub. L. 105–383, title VI, § 609, formerly § 608, as added Pub. L. 113–124, § 10(a), June 30, 2014, 128 Stat. 1385; renumbered § 609, Pub. L. 117–144, § 2(a)(1), June 16, 2022, 136 Stat. 1266.) Editorial Notes PRIOR PROVISIONS A prior section 609 of Pub. L. 105–383 was renumbered section 610 and is classified to section 4009 of this title. § 4009. Authorization of appropriations (a) In general There is authorized to be appropriated to the Under Secretary to carry out sections 4002 and 4003 of this title $20,500,000 for each of fiscal years 2014 through 2018, and $20,500,000 for each of fiscal years 2019 through 2023. (b) Extramural research activities The Under Secretary shall ensure that a sub- stantial portion of funds appropriated pursuant to subsection (a) that are used for research pur- poses are allocated to extramural research ac- tivities. For each fiscal year, the Under Sec- retary shall publish a list of all grant recipients and the amounts for all of the funds allocated for research purposes, specifying those allocated for extramural research activities. (Pub. L. 105–383, title VI, § 610, formerly § 609, as added Pub. L. 113–124, § 11, June 30, 2014, 128 Stat. 1386; amended Pub. L. 115–423, § 9(h), Jan. 7, 2019, 132 Stat. 5464; renumbered § 610, Pub. L. 117–144, § 2(a)(1), June 16, 2022, 136 Stat. 1266.) Editorial Notes AMENDMENTS 2019—Subsec. (a). Pub. L. 115–423 inserted ‘‘, and $20,500,000 for each of fiscal years 2019 through 2023’’ be- fore period at end. § 4010. Hypoxia or harmful algal bloom of na- tional significance (1) Relief (A) In general Upon a determination under paragraph (2) that there is an event of national signifi- cance, the appropriate Federal official is au- thorized to make sums available to the af- fected State or local government for the pur- poses of assessing and mitigating the detri- mental environmental, economic, subsist- ence use, and public health effects of the event of national significance. (B) Federal share The Federal share of the cost of any activ- ity carried out under this paragraph for the purposes described in subparagraph (A) may not exceed 50 percent of the cost of that ac- tivity. (C) Donations Notwithstanding any other provision of law, an appropriate Federal official may ac- cept donations of funds, services, facilities, Page 1032 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 4101 1 So in original. Probably should be ‘‘term’’. materials, or equipment that the appro- priate 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 of- ficial shall determine whether a hypoxia or harmful algal bloom event is an event of na- tional significance. (B) Considerations In making a determination under subpara- graph (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 oc- currences of harmful algal blooms or hy- poxia events that occur on a recurrent or an- nual basis, and the geographic scope, includ- ing the potential to affect several munici- palities, 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 hy- poxia 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 Adminis- trator 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 sig- nificant detrimental environmental, eco- nomic, subsistence use, or public health im- pact 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. (Pub. L. 115–423, § 9(g), Jan. 7, 2019, 132 Stat. 5463.) Editorial Notes CODIFICATION This section was enacted as part of the Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2017 and also as part of the National Integrated Drought Information System Reauthorization Act of 2018, and not as part of the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 which com- prises this chapter. CHAPTER 54—COMMERCIAL ENGAGEMENT THROUGH OCEAN TECHNOLOGY Sec. 4101. Definitions. 4102. Coordination regarding assessment and acqui- sition by National Oceanic and Atmospheric Administration of unmanned maritime sys- tems. 4103. Regular assessment of unmanned maritime systems to support National Oceanic and Atmospheric Administration missions. 4104. Acquisition of unmanned maritime systems. 4105. Reports on unmanned maritime systems and usage for mission of the National Oceanic and Atmospheric Administration. 4106. Funding and additional authorities. § 4101. Definitions In this chapter: (1) Administration The term ‘‘Administration’’ means the Na- tional Oceanic and Atmospheric Administra- tion. (2) Administrator The term ‘‘Administrator’’ means the Under Secretary of Commerce for Oceans and Atmos- phere and Administrator of the National Oce- anic and Atmospheric Administration. (3) Cooperative activities of the Administration The terms 1 ‘‘cooperative activities of the Administration’’ means cooperative activities between the Administration and an external entity, such as the Cooperative Institutes, Sea Grant Colleges, National Estuarine Research Reserves, the National Oceanographic Part- nership Program established under chapter 665 of title 10, and regional associations of the In- tegrated Ocean Observing System. (4) Data specifications The term ‘‘data specifications’’ shall refer to the type, resolution, periodicity, and quality of data required by an program of the Admin- istration. (5) Test or training range (A) In general The term ‘‘test or training range’’ means an area designated for operating unmanned maritime systems and other types of sys- tems for the purpose of— (i) evaluating the performance of such systems; or (ii) training personnel on operating pro- cedures for such systems. (B) Inclusions The term ‘‘test or training range’’ may in- clude specialized fixed or portable instru- mentation for the operation of unmanned maritime systems and other types of sys- tems. (6) Unmanned maritime systems (A) In general The term ‘‘unmanned maritime systems’’ means remotely operated or autonomous ve- hicles produced by the commercial sector—