Title 33, Navigation and Navigable WatersRelease 119-110

§4010 Hypoxia or Harmful Algal Bloom of National Significance

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

Last updated Sep 22, 2026|Official source

Summary

Federal officials can give money to a State or local government after they decide a hypoxia or harmful algal bloom is a national-level event. The money must be used to check and reduce harm to the environment, the economy, people who rely on local food or water, and public health. The federal government will pay no more than 50 percent of any activity’s cost. Federal officials may also accept donations of money, help, equipment, or supplies. Donated money can be spent right away and is not limited by fiscal year rules. An appropriate federal official can make the national-event decision on their own or must do it if the State governor asks. In deciding, the official will look at toxicity, how bad the hypoxia is, whether it might spread, economic effects, size compared with the past 5 similar events, and whether it could affect many towns, more than one State, or cross an international border. Definitions (one line each): Appropriate Federal Official — NOAA’s Under Secretary for marine/coastal events and the EPA Administrator for freshwater events. Event of National Significance — a hypoxia or harmful algal bloom likely to cause major environmental, economic, subsistence, or public health harm to a State. Hypoxia or Harmful Algal Bloom Event — an occurrence of hypoxia or a harmful algal bloom from natural, human, or unknown causes.

Full Legal Text

Title 33, §4010

Navigation and Navigable Waters, Source: USLM XML via OLRC

(1)Relief
(A)In general
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)Federal share
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)Donations
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)Determinations
(A)In general
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)Considerations
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)Definitions
In this subsection: (A) Appropriate federal official
(B)Event of national significance
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)Hypoxia or harmful algal bloom event
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 33, Navigation and Navigable Waters

Last Updated

Sep 22, 2026

Release point: 119-110