§4005 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

The Task Force must, within 18 months after June 30, 2014, finish and send to Congress and the President a combined study that explains what causes low-oxygen zones (hypoxia) and harmful algal blooms in the Great Lakes, what harms they cause, and how to reduce them. The study must look at the current work and gaps in research, monitoring, management, prevention, response, and control by federal and state agencies, regional research groups, colleges and universities, private companies, and nonprofits. Within 2 years after June 30, 2014, the Task Force must send Congress a plan based on that study to reduce and control hypoxia and harmful algal blooms. The plan must cover monitoring needs; a timeline and budget for future tools; how to build and check models, including their assumptions and data-quality methods; and ways to better measure impacts, including biological and economic effects on populations and communities. In making the plan, the Task Force must work with state and local governments; consult academics, farmers, industry, other stakeholders, and relevant Canadian agencies; avoid duplicating other federal or state work; identify key research needs; consider cost-effective, incentive-based partnerships; use existing studies and programs; make sure the plan is technically sound and cost-effective; publish a summary in the Federal Register at least 180 days before sending the final plan to Congress; and report on progress every two years after submission.

Title 33, §4005

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)Not later than 18 months after June 30, 2014, the Task Force, in accordance with the authority under section 4001 of this title, shall complete and submit to the Congress and the President an integrated assessment that examines the causes, consequences, and approaches to reduce hypoxia and harmful algal blooms in the Great Lakes, including the status of and gaps within current research, monitoring, management, prevention, response, and control activities by—

(1)Federal agencies;

(2)State agencies;

(3)regional research consortia;

(4)academia;

(5)private industry; and

(6)nongovernmental organizations.

(b)(1)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 assessment under subsection (a), for reducing, mitigating, and controlling hypoxia and harmful algal blooms in the Great Lakes.

(2)The plan shall—

(A)address the monitoring needs identified in the integrated assessment under subsection (a);

(B)develop a timeline and budgetary requirements for deployment of future assets;

(C)identify requirements for the development and verification of Great Lakes hypoxia and harmful algal bloom models, including—

(i)all assumptions built into the models; and

(ii)data quality methods used to ensure the best available data are utilized; and

(D)describe efforts to improve the assessment of the impacts of hypoxia and harmful algal blooms by—

(i)characterizing current and past biological conditions in ecosystems affected by hypoxia and harmful algal blooms; and

(ii)quantifying effects, including economic effects, at the population and community levels.

(3)In developing the plan, the Task Force shall—

(A)coordinate with State and local governments;

(B)consult with representatives from academic, agricultural, industry, and other stakeholder groups, including relevant Canadian 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 objectives of the plan.

Notes & Related Subsidiaries

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 provisions. 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 provisions, 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 described 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 fiscal 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).

§4005 Great Lakes Hypoxia and Harmful Algal Blooms