Title 33Navigation and Navigable WatersRelease 119-73

§4010 Hypoxia or harmful algal bloom of national significance

Title 33 › Chapter CHAPTER 53— - HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND CONTROL › § 4010

Last updated Apr 6, 2026|Official source

Summary

Federal officials can give money to a State or local government after they decide a low-oxygen or toxic algae event is serious enough to be called nationally significant. The money is for checking and fixing harm to the environment, the local economy, people who rely on natural resources for food, and public health. The federal share cannot be more than 50 percent of any activity’s cost. An official may accept donations of money, help, equipment, or materials. Donated money can be spent without more congressional approval and does not expire at the end of a fiscal year. An official can start a review on their own, or must do one if a Governor asks. In deciding, they must look at toxicity, severity, chance it will spread, economic effects, how it compares to the past 5 similar events, and how wide an area it might affect (many towns, more than one State, or across a border). Appropriate Federal official: Under Secretary of Commerce for Oceans and Atmosphere for marine or coastal events, and the Administrator of the EPA for freshwater events. Event of national significance: an event that has had or will likely have a major harmful effect on environment, economy, subsistence use, or public health in a State. Hypoxia or harmful algal bloom event: a low-oxygen condition or toxic algae outbreak from natural, human, or unknown causes.

Full Legal Text

Title 33, §4010

Navigation and Navigable Waters — Source: USLM XML via OLRC

(1)(A)Upon a determination under paragraph (2) that there is an event of national significance, the appropriate Federal official is authorized to make sums available to the affected State or local government for the purposes of assessing and mitigating the detrimental environmental, economic, subsistence use, and public health effects of the event of national significance.
(B)The Federal share of the cost of any activity carried out under this paragraph for the purposes described in subparagraph (A) may not exceed 50 percent of the cost of that activity.
(C)Notwithstanding any other provision of law, an appropriate Federal official may accept donations of funds, services, facilities, materials, or equipment that the appropriate 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)(A)At the discretion of an appropriate Federal official, or at the request of the Governor of an affected State, an appropriate Federal official shall determine whether a hypoxia or harmful algal bloom event is an event of national significance.
(B)In making a determination under subparagraph (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 occurrences of harmful algal blooms or hypoxia events that occur on a recurrent or annual basis, and the geographic scope, including the potential to affect several municipalities, to affect more than 1 State, or to cross an international boundary.
(3)In this subsection:
(A)The term “appropriate Federal official” means—
(i)in the case of a marine or coastal hypoxia 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 Administrator of the Environmental Protection Agency.
(B)The term “event of national significance” means a hypoxia or harmful algal bloom event that has had or will likely have a significant detrimental environmental, economic, subsistence use, or public health impact on an affected State.
(C)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.

Legislative History

Notes & Related Subsidiaries

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 comprises this chapter.

Reference

Citations & Metadata

Citation

33 U.S.C. § 4010

Title 33Navigation and Navigable Waters

Last Updated

Apr 6, 2026

Release point: 119-73