Public Law 117–144: To require the Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia to develop a plan for reducing, mitigating, and controlling harmful algal blooms and hypoxia in South Florida, and for other purposes.

public-law-117-144Public Law 117-144Statute

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PUBLIC LAW 117–144—JUNE 16, 2022
SOUTH FLORIDA CLEAN COASTAL WATERS ACT OF 2021
136 STAT. 1266
Public Law
117–144
117th Congress
An Act
To require the Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia to develop a plan for reducing, mitigating, and controlling harmful algal blooms and hypoxia in South Florida, and for other purposes.

June 16, 2022

[S. 66]

  Be it enacted by the Senate and House of Representa­tives of the United States of America in Congress assembled,

South Florida Clean Coastal Waters Act

of 2021.
SECTION 1.

33 USC 4001 note.

SHORT TITLE.

  This Act may be cited as the “
South Florida Clean Coastal Waters Act of 2021
”.
SEC. 2.

SOUTH FLORIDA HARMFUL ALGAL BLOOMS AND HYPOXIA ASSESSMENT AND ACTION PLAN.

(a)

In General.—

The Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 (Public Law 105–383; 33 U.S.C. 4001 et seq.)
is amended
—
(1)
by
redesignating
sections 605 through 609

33 USC

4005–4009.

 as sections 606 through 610, respectively; and
(2)
by
inserting
after section 604 the following:
“SEC. 605.

Deadlines.

33 USC 4004a.

SOUTH FLORIDA HARMFUL ALGAL BLOOMS AND HYPOXIA.

“(a)

South Florida.

Definition.

—

In this section, the term ‘
South Florida
’ means—
“(1)
all lands and waters within the administrative boundaries of the South Florida Water Management District;
“(2)
regional coastal waters, including Biscayne Bay, the Caloosahatchee Estuary, Florida Bay, Indian River Lagoon, and St. Lucie River Estuary; and
“(3)
the Florida Reef Tract.
“(b)

Integrated Assessment.—

“(1)

Interim integrated assessment.—

Not later than 540 days after the date of enactment of the South Florida Clean Coastal Waters Act of 2021, the Task Force, in accordance with the authority under section 603, shall complete and submit to Congress and the President an interim integrated assessment.
“(2)

Finalized integrated assessment.—

Not later than 3 years after the date of enactment of the South Florida Clean Coastal Waters Act of 2021, the Task Force shall finalize, and submit to Congress and the President, the interim integrated assessment required by paragraph (1).
“(3)

Contents of integrated assessment.

Examination.

—

The integrated assessment required by paragraphs (1) and (2) shall examine the causes, consequences, and potential approaches to reduce harmful algal blooms and hypoxia in South Florida, 136 STAT. 1267 and the status of, and gaps within, current harmful algal bloom and hypoxia research, monitoring, management, prevention, response, and control activities that directly affect the region by—
“(A)
Federal agencies;
“(B)
State agencies;
“(C)
regional research consortia;
“(D)
academia;
“(E)
private industry;
“(F)
nongovernmental organizations; and
“(G)
Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)).
“(c)

Action Plan.—

“(1)

In general.—

Not later than 3 years and 180 days after the date of the enactment of the South Florida Clean Coastal Waters Act of 2021, the Task Force shall develop and submit to Congress a plan, based on the integrated assessment under subsection (b), for reducing, mitigating, and controlling harmful algal blooms and hypoxia in South Florida.
“(2)

Contents.—

The plan submitted under paragraph (1) shall—
“(A)
address the monitoring needs identified in the integrated assessment under subsection (b);
“(B)

Timeline.

Budget.

develop a timeline and budgetary requirements for deployment of future assets;
“(C)
identify requirements for the development and verification of South Florida harmful algal bloom and hypoxia 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)
propose a plan to implement a remote monitoring network and early warning system for alerting local communities in the region to harmful algal bloom risks that may impact human health.
“(3)

Requirements.—

In developing the action plan, the Task Force shall—
“(A)

Consultation.

consult with the State of Florida, and affected local and tribal governments;
“(B)

Consultation.

consult with representatives from regional academic, agricultural, industry, and other stakeholder groups;
“(C)
ensure that the plan complements and does not duplicate activities conducted by other Federal or State agencies, including the South Florida Ecosystem Restoration Task Force;
“(D)
identify critical research for reducing, mitigating, and controlling harmful algal bloom events and their effects;
“(E)

Evaluation.

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; 136 STAT. 1268
“(H)

Federal Register, publication.

Summary.

Time period.

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)

Reports.

after submitting the completed plan to Congress, provide biennial progress reports on the activities toward achieving the objectives of the plan.”
.
(b)

Clerical Amendment and Correction.—

The table of contents in section 2 of the Coast Guard Authorization Act of 1998 (Public Law 105–383)

112 Stat. 3412.
is amended
by
striking
the items relating to title VI and
inserting
the following new items:
“TITLE VI—
HARMFUL ALGAL BLOOMS AND HYPOXIA
“Sec. 601. 
Short title.
“Sec. 602. 
Findings.
“Sec. 603. 
Assessments.
“Sec. 603A. 
National Harmful Algal Bloom and Hypoxia Program.
“Sec. 603B. 
Comprehensive research plan and action strategy.
“Sec. 604. 
Northern Gulf of Mexico hypoxia.
“Sec. 605. 
South Florida harmful algal blooms and hypoxia.
“Sec. 606. 
Great Lakes hypoxia and harmful algal blooms.
“Sec. 607. 
Protection of States’ rights.
“Sec. 608. 
Effect on other Federal authority.
“Sec. 609. 
Definitions.
“Sec. 610. 
Authorization of appropriations.”.
Approved June 16, 2022.

LEGISLATIVE HISTORY—S. 66:

SENATE REPORTS: ┐No. 117–64 (Comm. on Commerce, Science, and Transportation).

CONGRESSIONAL RECORD, Vol. 168 (2022):

Mar. 8, considered and passed Senate.

May 10, 11, considered and passed House.

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