---
kind: "section"
citation: "33 U.S.C. § 4002"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "4002"
heading: "National harmful algal bloom and hypoxia program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/4002"
units:
  - "Chapter 53 — Harmful Algal Bloom and Hypoxia Research and Control"
---

# §4002. National harmful algal bloom and hypoxia program

- (a) **Establishment—** Not later than 1 year after June 30, 2014, the [Under Secretary](/usc/33/4008.md?p=8), acting through the [Task Force](/usc/33/4008.md?p=7), shall maintain and enhance a national [harmful algal bloom](/usc/33/4008.md?p=3) and [hypoxia](/usc/33/4008.md?p=4) [program](/usc/33/4008.md?p=5), including—
  - (1) a statement of objectives, including understanding, detecting, predicting, controlling, mitigating, and responding to marine and freshwater [harmful algal bloom](/usc/33/4008.md?p=3) and [hypoxia](/usc/33/4008.md?p=4) events; and
  - (2) the comprehensive research plan and [action strategy](/usc/33/4008.md?p=1) under [section 4003 of this title](/usc/33/4003.md).
- (b) **Periodic revision—** The [Task Force](/usc/33/4008.md?p=7) shall periodically review and revise the [Program](/usc/33/4008.md?p=5), as necessary.
- (c) **Task Force functions—** The [Task Force](/usc/33/4008.md?p=7) shall—
  - (1) coordinate interagency review of the objectives and activities of the [Program](/usc/33/4008.md?p=5);
  - (2) expedite the interagency review process by ensuring timely review and dispersal of required reports and assessments under this chapter;
  - (3) support the implementation of the [Action Strategy](/usc/33/4008.md?p=1), including the coordination and integration of the research of all Federal [programs](/usc/33/4008.md?p=5), including ocean and Great Lakes science and management [programs](/usc/33/4008.md?p=5) and centers, that address the chemical, biological, and physical components of marine and freshwater [harmful algal blooms](/usc/33/4008.md?p=3) and [hypoxia](/usc/33/4008.md?p=4);
  - (4) support the development of institutional mechanisms and financial instruments to further the objectives and activities of the [Program](/usc/33/4008.md?p=5);
  - (5) review the [Program](/usc/33/4008.md?p=5)’s distribution of Federal funding to address the objectives and activities of the [Program](/usc/33/4008.md?p=5);
  - (6) promote the development of new technologies for predicting, monitoring, and mitigating [harmful algal bloom](/usc/33/4008.md?p=3) and [hypoxia](/usc/33/4008.md?p=4) conditions; and
  - (7) establish such interagency working groups as it considers necessary.
- (d) **Lead Federal agency—** Except as provided in [subsection (h)](#h), the National Oceanic and Atmospheric Administration shall have primary responsibility for administering the [Program](/usc/33/4008.md?p=5).
- (e) **Program duties—** In administering the [Program](/usc/33/4008.md?p=5), the [Under Secretary](/usc/33/4008.md?p=8) shall—
  - (1) promote the [Program](/usc/33/4008.md?p=5), including to local and regional stakeholders through the establishment and maintenance of a publicly accessible Internet website that provides information as to [Program](/usc/33/4008.md?p=5) activities completed under this section;
  - (2) prepare work and spending plans for implementing the research and activities identified under the [Action Strategy](/usc/33/4008.md?p=1);
  - (3) administer peer-reviewed, merit-based, competitive grant funding—
    - (A) to maintain and enhance baseline monitoring [programs](/usc/33/4008.md?p=5) established by the [Program](/usc/33/4008.md?p=5);
    - (B) to support the projects maintained and established by the [Program](/usc/33/4008.md?p=5);
    - (C) to address the research and management needs and priorities identified in the [Action Strategy](/usc/33/4008.md?p=1); and
    - (D) to accelerate the utilization of effective methods of intervention and mitigation to reduce the frequency, severity, and impacts of [harmful algal bloom](/usc/33/4008.md?p=3) and [hypoxia](/usc/33/4008.md?p=4) events;
  - (4) coordinate with, and work cooperatively to provide technical assistance to, regional, [State](/usc/33/4008.md?p=6), tribal, and local government agencies and [programs](/usc/33/4008.md?p=5) that address marine and freshwater [harmful algal blooms](/usc/33/4008.md?p=3) and [hypoxia](/usc/33/4008.md?p=4);
  - (5) coordinate with the Secretary of State to support international efforts on marine and freshwater [harmful algal bloom](/usc/33/4008.md?p=3) and [hypoxia](/usc/33/4008.md?p=4) information sharing, research, prediction, mitigation, control, and response activities;
  - (6) identify additional research, development, and demonstration needs and priorities relating to monitoring, prevention, control, mitigation, and response to marine and freshwater [harmful algal blooms](/usc/33/4008.md?p=3) and [hypoxia](/usc/33/4008.md?p=4), including methods and technologies to protect the ecosystems affected by marine and freshwater [harmful algal blooms](/usc/33/4008.md?p=3) and [hypoxia](/usc/33/4008.md?p=4);
  - (7) integrate, coordinate, and augment existing education and extension [programs](/usc/33/4008.md?p=5) to improve public understanding and awareness of the causes, impacts, intervention, and mitigation efforts for marine and freshwater [harmful algal blooms](/usc/33/4008.md?p=3) and [hypoxia](/usc/33/4008.md?p=4);
  - (8) facilitate and provide resources to train [State](/usc/33/4008.md?p=6) and local coastal and water resource managers in the methods and technologies for monitoring, preventing, controlling, and mitigating marine and freshwater [harmful algal blooms](/usc/33/4008.md?p=3) and [hypoxia](/usc/33/4008.md?p=4);
  - (9) support regional efforts to control and mitigate outbreaks through—
    - (A) communication of the contents of the [Action Strategy](/usc/33/4008.md?p=1) and maintenance of online data portals for other information about [harmful algal blooms](/usc/33/4008.md?p=3) and [hypoxia](/usc/33/4008.md?p=4) to [State](/usc/33/4008.md?p=6), tribal, and local stakeholders; and
    - (B) overseeing the development, review, and periodic updating of the [Action Strategy](/usc/33/4008.md?p=1);
  - (10) convene at least 1 meeting of the [Task Force](/usc/33/4008.md?p=7) each year; and
  - (11) perform such other tasks as may be delegated by the [Task Force](/usc/33/4008.md?p=7).
- (f) **National Oceanic and Atmospheric Administration activities—** The [Under Secretary](/usc/33/4008.md?p=8) shall—
  - (1) maintain and enhance the existing competitive [programs](/usc/33/4008.md?p=5) at the National Oceanic and Atmospheric Administration relating to [harmful algal blooms](/usc/33/4008.md?p=3) and [hypoxia](/usc/33/4008.md?p=4);
  - (2) carry out marine and Great Lakes [harmful algal bloom](/usc/33/4008.md?p=3) and [hypoxia](/usc/33/4008.md?p=4) events response activities;
  - (3) develop and enhance, including with respect to infrastructure, which shall include unmanned systems, as necessary, critical observations, monitoring, modeling, data management, information dissemination, and operational forecasts relevant to [harmful algal blooms](/usc/33/4008.md?p=3) and [hypoxia](/usc/33/4008.md?p=4) events;
  - (4) enhance communication and coordination among Federal agencies carrying out marine and freshwater [harmful algal bloom](/usc/33/4008.md?p=3) and [hypoxia](/usc/33/4008.md?p=4) activities and research;
  - (5) to the greatest extent practicable, leverage existing resources and expertise available from local research universities and institutions;
  - (6) increase the availability to appropriate public and private entities of—
    - (A) analytical facilities and technologies;
    - (B) operational forecasts; and
    - (C) reference and research materials;
  - (7) use cost effective methods in carrying out this Act; and
  - (8) develop contingency plans for the long-term monitoring of [hypoxia](/usc/33/4008.md?p=4).
- (g) **Cooperative efforts—** The [Under Secretary](/usc/33/4008.md?p=8) shall work cooperatively and avoid duplication of effort with other offices, centers, and [programs](/usc/33/4008.md?p=5) within the National Oceanic and Atmospheric Administration, other agencies on the [Task Force](/usc/33/4008.md?p=7), and [States](/usc/33/4008.md?p=6), tribes, and nongovernmental organizations concerned with marine and freshwater issues to coordinate [harmful algal bloom](/usc/33/4008.md?p=3) and [hypoxia](/usc/33/4008.md?p=4) (and related) activities and research.
- (h) **Freshwater—** With respect to the freshwater aspects of the [Program](/usc/33/4008.md?p=5), the [Administrator](/usc/33/4008.md?p=2), through the [Task Force](/usc/33/4008.md?p=7), shall carry out the duties otherwise assigned to the [Under Secretary](/usc/33/4008.md?p=8) under this section, except the activities described in [subsection (f)](#f).
  - (1) **Participation—** The [Administrator](/usc/33/4008.md?p=2)’s participation under this section shall include—
    - (A) research on the ecology and impacts of freshwater [harmful algal blooms](/usc/33/4008.md?p=3); and
    - (B) forecasting and monitoring of and event response to freshwater [harmful algal blooms](/usc/33/4008.md?p=3) in lakes, rivers, estuaries (including their tributaries), and reservoirs.
  - (2) **Nonduplication—** The [Administrator](/usc/33/4008.md?p=2) shall ensure that activities carried out under this chapter focus on new approaches to addressing freshwater [harmful algal blooms](/usc/33/4008.md?p=3) and are not duplicative of existing research and development [programs](/usc/33/4008.md?p=5) authorized by this chapter or any other law.
- (i) **Integrated Coastal and Ocean Observation System—** The collection of monitoring and observation data under this chapter shall comply with all data standards and protocols developed pursuant to the Integrated Coastal and Ocean Observation System Act of 2009 ([33 U.S.C. 3601](/usc/33/3601.md) et seq.). Such data shall be made available through the system established under that Act.

## Source credit

(Pub. L. 105–383, title VI, § 603A, as added Pub. L. 113–124, § 4, June 30, 2014, 128 Stat. 1379; amended Pub. L. 115–423, § 9(e), Jan. 7, 2019, 132 Stat. 5462.)

## Notes

### Editorial Notes

### References in Text

The Integrated Coastal and Ocean Observation System Act of 2009, referred to in subsec. (i), is subtitle C (§ 12301 et seq.) of title XII of Pub. L. 111–11, Mar. 30, 2009, 123 Stat. 1427, which is classified generally to chapter 49 (§ 3601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3601 of this title and Tables.

### Amendments

2019—Subsec. (e)(1). Pub. L. 115–423, § 9(e)(1)(A), inserted “, including to local and regional stakeholders through the establishment and maintenance of a publicly accessible Internet website that provides information as to Program activities completed under this section” after “Program”.

Subsec. (e)(3)(D). Pub. L. 115–423, § 9(e)(1)(B), added subpar. (D).

Subsec. (e)(4). Pub. L. 115–423, § 9(e)(1)(C), substituted “, and work cooperatively to provide technical assistance to,” for “and work cooperatively with”.

Subsec. (e)(7). Pub. L. 115–423, § 9(e)(1)(D), inserted “and extension” after “existing education” and “intervention,” after “awareness of the causes, impacts,”.

Subsec. (f)(3). Pub. L. 115–423, § 9(e)(2)(A), inserted “, which shall include unmanned systems,” after “infrastructure”.

Subsec. (f)(7), (8). Pub. L. 115–423, § 9(e)(2)(B)–(D), added pars. (7) and (8).