33 U.S.C. § 4006 — Protection of States’ rights

Page 1030 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 4006 (D) describe efforts to improve the assess- ment of the impacts of hypoxia and harmful algal blooms by— (i) characterizing current and past bio- logical conditions in ecosystems affected by hypoxia and harmful algal blooms; and (ii) quantifying effects, including eco- nomic effects, at the population and com- munity levels. (3) Requirements In developing the plan, the Task Force shall— (A) coordinate with State and local gov- ernments; (B) consult with representatives from aca- demic, agricultural, industry, and other stakeholder groups, including relevant Cana- dian 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 objec- tives of the plan. (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 CODIFICATION Section was formerly set out in a note under section 1451 of Title 16, Conservation. PRIOR PROVISIONS A prior section 606 of Pub. L. 105–383 was renumbered section 607 and is classified to section 4006 of this title. AMENDMENTS 2014—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 provi- sions. 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 pro- visions, 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 de- scribed 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 fis- cal 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). § 4006. Protection of States’ rights (a) Nothing in this chapter shall be inter- preted to adversely affect existing State regu- latory or enforcement power which has been granted to any State through the Clean Water Act [33 U.S.C. 1251 et seq.] or Coastal Zone Man- agement Act of 1972 [16 U.S.C. 1451 et seq.]. (b) Nothing in this chapter shall be inter- preted to expand the regulatory or enforcement power of the Federal Government which has been delegated to any State through the Clean Water Act or Coastal Zone Management Act of 1972. (Pub. L. 105–383, title VI, § 607, formerly § 606, Nov. 13, 1998, 112 Stat. 3450; renumbered § 607, Pub. L. 117–144, § 2(a)(1), June 16, 2022, 136 Stat. 1266.) Editorial Notes REFERENCES IN TEXT The Clean Water Act, referred to in text, is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, also known as the Federal Water Pollution Control Act, which is classified gen- erally to chapter 26 (§ 1251 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of this title and Tables. The Coastal Zone Management Act of 1972, referred to in text, is title III of Pub. L. 89–454, as added by Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1280, which is classified generally to chapter 33 (§ 1451 et seq.) of Title 16, Con- servation. For complete classification of this Act to the Code, see Short Title note set out under section 1451 of Title 16 and Tables. CODIFICATION Section was formerly set out in a note under section 1451 of Title 16, Conservation. PRIOR PROVISIONS A prior section 607 of Pub. L. 105–383 was renumbered section 608 and is classified to section 4007 of this title. 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,