Editorial Notes
References in Text

This Act, referred to in subsec. (d)(1), probably means title I of Pub. L. 108–456, Dec. 10, 2004, 118 Stat. 3630, known as the Harmful Algal Bloom and Hypoxia Amendments Act of 2004, which added subsec. (d) and also added subsecs. (e) to (i) of this section, which relate to scientific assessments.

Codification

Section was formerly set out in a note under section 1451 of Title 16, Conservation.

Amendments

2019—Subsec. (a)(13), (14). Pub. L. 115–423, § 9(c), added par. (13) and redesignated former par. (13) as (14).

Subsec. (f). Pub. L. 115–423, § 9(d)(1), (2), redesignated subsec. (g) as (f) and struck out former subsec. (f) which related to scientific assessment of freshwater harmful algal blooms.

Subsec. (g). Pub. L. 115–423, § 9(d)(2), (3), redesignated subsec. (h) as (g) and amended subsec. (g) generally. Prior to amendment, subsec. (g) related to scientific assessments of hypoxia. Former subsec. (g) redesignated (f).

Subsecs. (h) to (j). Pub. L. 115–423, § 9(d)(2), redesignated subsecs. (i) and (j) as (h) and (i), respectively. Former subsec. (h) redesignated (g).

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 introductory 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 provided 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, provided 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 Waters Act of 2021’.”

Short Title of 2019 Amendment

Pub. L. 115–423, § 9(a), Jan. 7, 2019, 132 Stat. 5462, provided 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, provided 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 Control 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 waters;
“(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 shellfish poisonings in the Gulf of Maine, the Pacific Northwest, and the Gulf of Alaska;
“(3)
in certain cases, harmful algal blooms have resulted in fish kills, the deaths of numerous endangered West Indian manatees, beach and shellfish bed closures, threats to public health and safety, and concern among the public about the safety of seafood;
“(4)
according to some scientists, the factors causing or contributing to harmful algal blooms may include 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 responsible 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 conditions such as hypoxia (reduced oxygen concentrations), which are harmful or fatal to fish, shellfish, and benthic organisms;
“(7)
according to the National Oceanic and Atmospheric Administration in the Department of Commerce, 53 percent of United States estuaries experience 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 coastal waters;
“(10)
the National Oceanic and Atmospheric Administration, through its ongoing research, education, grant, and coastal resource management programs, possesses a full range of capabilities necessary to support 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 Administration will aid in improving the Nation’s understanding and capabilities for addressing the human and environmental costs associated with harmful algal blooms and hypoxia; and
“(12)
other Federal agencies such as the Environmental Protection Agency, the Department of Agriculture, and the National Science Foundation, along with the States, Indian tribes, and local governments, conduct important work related to the prevention, reduction, and control of harmful algal blooms and hypoxia.”