33 U.S.C. § 4005 — Great Lakes hypoxia and harmful algal

Page 1029 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 4005 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 Con- gress and the President, the interim inte- grated assessment required by paragraph (1). (3) Contents of integrated assessment The integrated assessment required by para- graphs (1) and (2) shall examine the causes, consequences, and potential approaches to re- duce harmful algal blooms and hypoxia in South Florida, and the status of, and gaps within, current harmful algal bloom and hy- poxia research, monitoring, management, pre- vention, 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). (c) Action plan (1) In general Not later than 3 years and 180 days after June 16, 2022, the Task Force shall develop and submit to Congress a plan, based on the inte- grated assessment under subsection (b), for re- ducing, mitigating, and controlling harmful algal blooms and hypoxia in South Florida. (2) Contents The plan submitted under paragraph (1) shall— (A) address the monitoring needs identi- fied in the integrated assessment under sub- section (b); (B) develop a timeline and budgetary re- quirements for deployment of future assets; (C) identify requirements for the develop- ment and verification of South Florida harmful algal bloom and hypoxia models, in- cluding— (i) all assumptions built into the models; and (ii) data quality methods used to ensure the best available data are utilized; and (D) propose a plan to implement a remote monitoring network and early warning sys- tem for alerting local communities in the re- gion to harmful algal bloom risks that may impact human health. (3) Requirements In developing the action plan, the Task Force shall— (A) consult with the State of Florida, and affected local and tribal governments; (B) consult with representatives from re- gional academic, agricultural, industry, and other stakeholder groups; (C) ensure that the plan complements and does not duplicate activities conducted by other Federal or State agencies, including the South Florida Ecosystem Restoration Task Force; (D) identify critical research for reducing, mitigating, and controlling harmful algal bloom 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, § 605, as added Pub. L. 117–144, § 2(a)(2), June 16, 2022, 136 Stat. 1266.) Editorial Notes PRIOR PROVISIONS A prior section 605 of Pub. L. 105–383 was renumbered section 606 and is classified to section 4005 of this title. § 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 author- ity under section 4001 of this title, shall com- plete and submit to the Congress and the Presi- dent an integrated assessment that examines the causes, consequences, and approaches to re- duce hypoxia and harmful algal blooms in the Great Lakes, including the status of and gaps within current research, monitoring, manage- ment, prevention, response, and control activi- ties 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 as- sessment under subsection (a), for reducing, mitigating, and controlling hypoxia and harm- ful algal blooms in the Great Lakes. (2) Contents The plan shall— (A) address the monitoring needs identi- fied in the integrated assessment under sub- section (a); (B) develop a timeline and budgetary re- quirements for deployment of future assets; (C) identify requirements for the develop- ment and verification of Great Lakes hy- poxia and harmful algal bloom models, in- cluding— (i) all assumptions built into the models; and (ii) data quality methods used to ensure the best available data are utilized; and 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.