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

Page 1025 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 4001a 2014—Subsec. (a). Pub. L. 113–124, § 10(b), struck out ‘‘(hereinafter referred to as the ‘Task Force’)’’ after ‘‘Hypoxia’’ in introductory provisions. Pub. L. 113–124, § 3(1), substituted ‘‘a representative from’’ for ‘‘the following representatives from’’ in in- troductory provisions. Subsec. (a)(12). Pub. L. 113–124, § 3(2), (4), added par. (12). Former par. (12) redesignated (13). Subsec. (a)(13). Pub. L. 113–124, § 3(3), (5), redesignated par. (12) as (13) and struck out ‘‘such’’ before ‘‘other’’. Subsec. (j). Pub. L. 113–124, § 6, added subsec. (j). 2004—Subsec. (d). Pub. L. 108–456, § 103, added subsec. (d). Subsec. (e). Pub. L. 108–456, § 104, added subsec. (e). Former subsec. (e) struck out. Pub. L. 108–456, § 102, struck out subsec. (e) which pro- vided that the President could disestablish the Task Force after submission of the plan in section 4004 of this title. Subsecs. (f) to (i). Pub. L. 108–456, § 104, added subsecs. (f) to (i). Statutory Notes and Related Subsidiaries SHORT TITLE OF 2022 AMENDMENT Pub. L. 117–144, § 1, June 16, 2022, 136 Stat. 1266, pro- vided that: ‘‘This Act [enacting section 4004a of this title and amending sections 4005 to 4009 of this title] may be cited as the ‘South Florida Clean Coastal Wa- ters Act of 2021’.’’ SHORT TITLE OF 2019 AMENDMENT Pub. L. 115–423, § 9(a), Jan. 7, 2019, 132 Stat. 5462, pro- vided that: ‘‘This section [enacting section 4010 of this title, and amending this section and sections 4001a, 4002, and 4009 of this title] may be cited as the ‘Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2017’.’’ SHORT TITLE OF 2014 AMENDMENT Pub. L. 113–124, § 1, June 30, 2014, 128 Stat. 1379, pro- vided that: ‘‘This Act [enacting sections 4002, 4003, and 4007 to 4009 of this title and amending this section and sections 4004 and 4005 of this title] may be cited as the ‘Harmful Algal Bloom and Hypoxia Research and Con- trol Amendments Act of 2014’.’’ SHORT TITLE OF 2004 AMENDMENT Pub. L. 108–456, title I, § 101, Dec. 10, 2004, 118 Stat. 3630, provided that: ‘‘This title [enacting section 4001a of this title and amending this section and section 4005 of this title] may be cited as the ‘Harmful Algal Bloom and Hypoxia Amendments Act of 2004’.’’ SHORT TITLE Pub. L. 105–383, title VI, § 601, Nov. 13, 1998, 112 Stat. 3447, provided that: ‘‘This title [enacting this chapter] may be cited as the ‘Harmful Algal Bloom and Hypoxia Research and Control Act of 1998’.’’ FINDINGS Pub. L. 105–383, title VI, § 602, Nov. 13, 1998, 112 Stat. 3447, provided that: ‘‘The Congress finds that— ‘‘(1) the recent outbreak of the harmful microbe Pfiesteria piscicida in the coastal waters of the United States is one example of potentially harmful algal blooms composed of naturally occurring species that reproduce explosively and that are increasing in frequency and intensity in the Nation’s coastal wa- ters; ‘‘(2) other recent occurrences of harmful algal blooms include red tides in the Gulf of Mexico and the Southeast; brown tides in New York and Texas; ciguatera fish poisoning in Hawaii, Florida, Puerto Rico, and the United States Virgin Islands; and shell- fish poisonings in the Gulf of Maine, the Pacific Northwest, and the Gulf of Alaska; ‘‘(3) in certain cases, harmful algal blooms have re- sulted in fish kills, the deaths of numerous endan- gered West Indian manatees, beach and shellfish bed closures, threats to public health and safety, and con- cern among the public about the safety of seafood; ‘‘(4) according to some scientists, the factors caus- ing or contributing to harmful algal blooms may in- clude excessive nutrients in coastal waters, other forms of pollution, the transfer of harmful species through ship ballast water, and ocean currents; ‘‘(5) harmful algal blooms may have been respon- sible for an estimated $1,000,000,000 in economic losses during the past decade; ‘‘(6) harmful algal blooms and blooms of non-toxic algal species may lead to other damaging marine con- ditions such as hypoxia (reduced oxygen concentra- tions), which are harmful or fatal to fish, shellfish, and benthic organisms; ‘‘(7) according to the National Oceanic and Atmos- pheric Administration in the Department of Com- merce, 53 percent of United States estuaries experi- ence hypoxia for at least part of the year and a 7,000 square mile area in the Gulf of Mexico off Louisiana and Texas suffers from hypoxia; ‘‘(8) according to some scientists, a factor believed to cause hypoxia is excessive nutrient loading into coastal waters; ‘‘(9) there is a need to identify more workable and effective actions to reduce nutrient loadings to coast- al waters; ‘‘(10) the National Oceanic and Atmospheric Admin- istration, through its ongoing research, education, grant, and coastal resource management programs, possesses a full range of capabilities necessary to sup- port a near and long-term comprehensive effort to prevent, reduce, and control harmful algal blooms and hypoxia; ‘‘(11) funding for the research and related programs of the National Oceanic and Atmospheric Administra- tion will aid in improving the Nation’s understanding and capabilities for addressing the human and envi- ronmental costs associated with harmful algal blooms and hypoxia; and ‘‘(12) other Federal agencies such as the Environ- mental Protection Agency, the Department of Agri- culture, and the National Science Foundation, along with the States, Indian tribes, and local govern- ments, conduct important work related to the pre- vention, reduction, and control of harmful algal blooms and hypoxia.’’ § 4001a. Consultation required In developing the assessments, reports, and plans under the Harmful Algal Bloom and Hy- poxia Research and Control Act of 1998, the Task Force shall consult with the coastal States, In- dian tribes, local governments, appropriate in- dustries (including fisheries, agriculture, and fertilizer), academic institutions, and non- governmental organizations with expertise in coastal zone science and management. (Pub. L. 108–456, title I, § 102 (part), Dec. 10, 2004, 118 Stat. 3630; Pub. L. 115–423, § 9(f), Jan. 7, 2019, 132 Stat. 5463.) Editorial Notes REFERENCES IN TEXT The Harmful Algal Bloom and Hypoxia Research and Control Act of 1998, referred to in text, is title VI of Pub. L. 105–383, Nov. 13, 1998, 112 Stat. 3447, which is classified generally to this chapter. For complete clas- sification of this Act to the Code, see Short Title note under section 4001 of this title and Tables. CODIFICATION Section is comprised of part of section 102 of Pub. L. 108–456. Remainder of section 102 amended section 4001 of this title. Page 1026 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 4002 Section was enacted as part of the Harmful Algal Bloom and Hypoxia Amendments Act of 2004, and not as part of the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 which comprises this chapter. Section was formerly set out as a note under section 1451 of Title 16, Conservation. AMENDMENTS 2019—Pub. L. 115–423 substituted ‘‘the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998’’ for ‘‘the amendments made by this title’’. § 4002. National harmful algal bloom and hypoxia program (a) Establishment Not later than 1 year after June 30, 2014, the Under Secretary, acting through the Task Force, shall maintain and enhance a national harmful algal bloom and hypoxia program, in- cluding— (1) a statement of objectives, including un- derstanding, detecting, predicting, control- ling, mitigating, and responding to marine and freshwater harmful algal bloom and hypoxia events; and (2) the comprehensive research plan and ac- tion strategy under section 4003 of this title. (b) Periodic revision The Task Force shall periodically review and revise the Program, as necessary. (c) Task Force functions The Task Force shall— (1) coordinate interagency review of the ob- jectives and activities of the Program; (2) expedite the interagency review process by ensuring timely review and dispersal of re- quired reports and assessments under this chapter; (3) support the implementation of the Action Strategy, including the coordination and inte- gration of the research of all Federal pro- grams, including ocean and Great Lakes science and management programs and cen- ters, that address the chemical, biological, and physical components of marine and freshwater harmful algal blooms and hypoxia; (4) support the development of institutional mechanisms and financial instruments to fur- ther the objectives and activities of the Pro- gram; (5) review the Program’s distribution of Fed- eral funding to address the objectives and ac- tivities of the Program; (6) promote the development of new tech- nologies for predicting, monitoring, and miti- gating harmful algal bloom and hypoxia condi- tions; and (7) establish such interagency working groups as it considers necessary. (d) Lead Federal agency Except as provided in subsection (h), the Na- tional Oceanic and Atmospheric Administration shall have primary responsibility for admin- istering the Program. (e) Program duties In administering the Program, the Under Sec- retary shall— (1) promote the Program, including to local and regional stakeholders through the estab- lishment and maintenance of a publicly acces- sible Internet website that provides informa- tion as to Program activities completed under this section; (2) prepare work and spending plans for im- plementing the research and activities identi- fied under the Action Strategy; (3) administer peer-reviewed, merit-based, competitive grant funding— (A) to maintain and enhance baseline mon- itoring programs established by the Pro- gram; (B) to support the projects maintained and established by the Program; (C) to address the research and manage- ment needs and priorities identified in the Action Strategy; and (D) to accelerate the utilization of effec- tive methods of intervention and mitigation to reduce the frequency, severity, and im- pacts of harmful algal bloom and hypoxia events; (4) coordinate with, and work cooperatively to provide technical assistance to, regional, State, tribal, and local government agencies and programs that address marine and fresh- water harmful algal blooms and hypoxia; (5) coordinate with the Secretary of State to support international efforts on marine and freshwater harmful algal bloom and hypoxia information sharing, research, prediction, mitigation, control, and response activities; (6) identify additional research, develop- ment, and demonstration needs and priorities relating to monitoring, prevention, control, mitigation, and response to marine and fresh- water harmful algal blooms and hypoxia, in- cluding methods and technologies to protect the ecosystems affected by marine and fresh- water harmful algal blooms and hypoxia; (7) integrate, coordinate, and augment exist- ing education and extension programs to im- prove public understanding and awareness of the causes, impacts, intervention, and mitiga- tion efforts for marine and freshwater harmful algal blooms and hypoxia; (8) facilitate and provide resources to train State and local coastal and water resource managers in the methods and technologies for monitoring, preventing, controlling, and miti- gating marine and freshwater harmful algal blooms and hypoxia; (9) support regional efforts to control and mitigate outbreaks through— (A) communication of the contents of the Action Strategy and maintenance of online data portals for other information about harmful algal blooms and hypoxia to State, tribal, and local stakeholders; and (B) overseeing the development, review, and periodic updating of the Action Strat- egy; (10) convene at least 1 meeting of the Task Force each year; and (11) perform such other tasks as may be dele- gated by the Task Force. (f) National Oceanic and Atmospheric Adminis- tration activities The Under Secretary shall—