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

Page 1027 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 4003 (1) maintain and enhance the existing com- petitive programs at the National Oceanic and Atmospheric Administration relating to harm- ful algal blooms and hypoxia; (2) carry out marine and Great Lakes harm- ful algal bloom and hypoxia events response activities; (3) develop and enhance, including with re- spect to infrastructure, which shall include unmanned systems, as necessary, critical ob- servations, monitoring, modeling, data man- agement, information dissemination, and operational forecasts relevant to harmful algal blooms and hypoxia events; (4) enhance communication and coordination among Federal agencies carrying out marine and freshwater harmful algal bloom and hy- poxia activities and research; (5) to the greatest extent practicable, lever- age existing resources and expertise available from local research universities and institu- tions; (6) increase the availability to appropriate public and private entities of— (A) analytical facilities and technologies; (B) operational forecasts; and (C) reference and research materials; (7) use cost effective methods in carrying out this Act; and (8) develop contingency plans for the long- term monitoring of hypoxia. (g) Cooperative efforts The Under Secretary shall work cooperatively and avoid duplication of effort with other of- fices, centers, and programs within the National Oceanic and Atmospheric Administration, other agencies on the Task Force, and States, tribes, and nongovernmental organizations concerned with marine and freshwater issues to coordinate harmful algal bloom and hypoxia (and related) activities and research. (h) Freshwater With respect to the freshwater aspects of the Program, the Administrator, through the Task Force, shall carry out the duties otherwise as- signed to the Under Secretary under this sec- tion, except the activities described in sub- section (f). (1) Participation The Administrator’s participation under this section shall include— (A) research on the ecology and impacts of freshwater harmful algal blooms; and (B) forecasting and monitoring of and event response to freshwater harmful algal blooms in lakes, rivers, estuaries (including their tributaries), and reservoirs. (2) Nonduplication The Administrator shall ensure that activi- ties carried out under this chapter focus on new approaches to addressing freshwater harmful algal blooms and are not duplicative of existing research and development pro- grams authorized by this chapter or any other law. (i) Integrated Coastal and Ocean Observation System The collection of monitoring and observation data under this chapter shall comply with all data standards and protocols developed pursuant to the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3601 et seq.). Such data shall be made available through the system established under that Act. (Pub. L. 105–383, title VI, § 603A, as added Pub. L. 113–124, § 4, June 30, 2014, 128 Stat. 1379; amended Pub. L. 115–423, § 9(e), Jan. 7, 2019, 132 Stat. 5462.) Editorial Notes REFERENCES IN TEXT The Integrated Coastal and Ocean Observation Sys- tem Act of 2009, referred to in subsec. (i), is subtitle C (§ 12301 et seq.) of title XII of Pub. L. 111–11, Mar. 30, 2009, 123 Stat. 1427, which is classified generally to chapter 49 (§ 3601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3601 of this title and Tables. AMENDMENTS 2019—Subsec. (e)(1). Pub. L. 115–423, § 9(e)(1)(A), in- serted ‘‘, including to local and regional stakeholders through the establishment and maintenance of a pub- licly accessible Internet website that provides informa- tion as to Program activities completed under this sec- tion’’ after ‘‘Program’’. Subsec. (e)(3)(D). Pub. L. 115–423, § 9(e)(1)(B), added subpar. (D). Subsec. (e)(4). Pub. L. 115–423, § 9(e)(1)(C), substituted ‘‘, and work cooperatively to provide technical assist- ance to,’’ for ‘‘and work cooperatively with’’. Subsec. (e)(7). Pub. L. 115–423, § 9(e)(1)(D), inserted ‘‘and extension’’ after ‘‘existing education’’ and ‘‘inter- vention,’’ after ‘‘awareness of the causes, impacts,’’. Subsec. (f)(3). Pub. L. 115–423, § 9(e)(2)(A), inserted ‘‘, which shall include unmanned systems,’’ after ‘‘in- frastructure’’. Subsec. (f)(7), (8). Pub. L. 115–423, § 9(e)(2)(B)–(D), added pars. (7) and (8). § 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 ma- rine 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 Fed- eral 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 Ac- tion Strategy shall identify— (1) regional priorities for ecological, eco- nomic, and social research on issues related to the impacts of harmful algal blooms and hy- poxia; (2) research, development, and demonstra- tion 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 Page 1028 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 4004 to, and remediate harmful algal blooms and hypoxia; (3) ways to reduce the duration and intensity of harmful algal blooms and hypoxia, includ- ing 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 gov- ernments and research entities; (7) communication and information dissemi- nation methods that State, tribal, and local governments may undertake to educate and inform the public concerning harmful algal blooms and hypoxia; and (8) roles that Federal agencies may have to assist in the implementation of the Action Strategy, including efforts to support local and regional scientific assessments under sec- tion 4001(e) of this title. (c) Utilizing available studies and information In developing the Action Strategy, the Under Secretary shall utilize existing research, assess- ments, reports, and program activities, includ- ing— (1) those carried out under existing law; and (2) other relevant peer-reviewed and pub- lished sources. (d) Development of the Action Strategy In developing the Action Strategy, the Under Secretary shall, as appropriate— (1) coordinate with— (A) State coastal management and plan- ning officials; (B) tribal resource management officials; and (C) water management and watershed offi- cials from both coastal States and non- coastal States with water sources that drain into water bodies affected by harmful algal blooms and hypoxia; and (2) consult with— (A) public health officials; (B) emergency management officials; (C) science and technology development institutions; (D) economists; (E) industries and businesses affected by marine and freshwater harmful algal blooms and hypoxia; (F) scientists with expertise concerning harmful algal blooms or hypoxia from aca- demic or research institutions; and (G) other stakeholders. (e) Federal Register The Under Secretary shall publish the Action Strategy in the Federal Register. (f) Periodic revision The Under Secretary, in coordination and con- sultation with the individuals and entities under subsection (d), shall periodically review and re- vise the Action Strategy prepared under this section, as necessary. (Pub. L. 105–383, title VI, § 603B, as added Pub. L. 113–124, § 5, June 30, 2014, 128 Stat. 1382.) § 4004. Northern Gulf of Mexico hypoxia (a) Initial progress reports Beginning not later than 12 months after June 30, 2014, and biennially thereafter, the Adminis- trator, through the Mississippi River/Gulf of Mexico Watershed Nutrient Task Force, shall submit a progress report to the appropriate con- gressional committees and the President that describes the progress made by activities di- rected 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 to- ward attainment of the goals of the Gulf Hy- poxia 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 Mis- sissippi/Atchafalaya River Basin, and the eco- nomic and social effects; (2) evaluate lessons learned; and (3) recommend appropriate actions to con- tinue to implement or, if necessary, revise the strategy set forth in the Gulf Hypoxia Action Plan 2008. (Pub. L. 105–383, title VI, § 604, Nov. 13, 1998, 112 Stat. 3449; Pub. L. 113–124, § 7, June 30, 2014, 128 Stat. 1384.) Editorial Notes CODIFICATION Section was formerly set out in a note under section 1451 of Title 16, Conservation. AMENDMENTS 2014—Pub. L. 113–124 amended section generally. Prior to amendment, section required the Task Force to sub- mit an integrated assessment of hypoxia in the north- ern Gulf of Mexico and develop a plan for reducing, mitigating, and controlling such hypoxia. § 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 adminis- trative boundaries of the South Florida Water Management District; (2) regional coastal waters, including Bis- cayne Bay, the Caloosahatchee Estuary, Flor- ida 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 au- thority under section 4001 of this title, shall