Public Law 117-144 passed June 16, 2022

South Florida Clean Coastal Waters Act of 2021

South Florida Harmful Algal Blooms and Hypoxia Assessment and Action Plan

General

• The Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 (Public Law 105-383; 33 USC 4001 et seq.) amended-

  • Redesignating section 605 through 609 as sections 606 and inserting after section 604 the following:

“South Florida Harmful Algal Blooms and Hypoxia

South Florida means-

• ALL lands and water within the South Florida Water Management District.

• Biscayne Bay, Caloosahatchee Estuary, Florida Bay, Indian River Lagoon, St. Lucie River Estuary

• The Florida Reef Tract

Integrated Assessment

• Interim Integrated Assessment

  • 540 days after the enactment of this Act, the Task Force, shall complete and submit to Congress and the President an interim integrated assessment.

• Finalized Integrated Assessment

  • 3 years after the enactment of this Act, the Task Force, shall finalize and submit to Congress and the President the interim integrated assessment

• Contents of Integrated Assessment

  • Examine the causes, consequences, and potential approaches to reduce harmful algal blooms and hypoxia in South Florida and status of, gaps and current harmful algal bloom and hypoxia research, monitoring, management, prevention, response, and control activities that directly affect the region by-

    • Federal agencies

    • State agencies

    • Regional research consortia

    • Academia

    • Private industry

    • Nongovernmental organizations

    • Indian tribes (section 4 Indian Self-Determination and Education Assistance Act (25 USC 5304).

Action Plan

• General

  • 3 years and 180 days after the enactment of this Act, the Task force shall develop and submit to Congress a plan, for reducing, mitigating, and controlling harmful algal blooms and hypoxia in South Florida.

• Contents

  • Address the monitoring needs identified in the assessment

  • Develop a timeline and budgetary requirements for deployments for future assets

  • Identify requirements for the development and verification of South Florida harmful algal bloom and hypoxia models

    • ALL assumptions built into the models

    • Data quality methods used to ensure the best available data utilized

  • Propose a plan to implement a remote monitoring network and early warning system for altering local communities in the region to bloom risks that impact human health.

Requirements

• Action plan for the Task Force

  • Consult with the State of Florida and local and tribal governments

  • Consult with representatives from regional academic, agricultural, industry, and other stakeholder groups

  • Ensure plans DO NOT duplicate activities conducted by other Federal or State agencies, including South Florida Ecosystem Restoration Task Force

  • Identify critical research for reducing, mitigating, and controlling events and their effects

  • Evaluate cost-effective, incentive-based partnerships

  • Ensure the plan is technically sound and cost-effective

  • Utilize existing research, assessments, reports and program activities

  • Publish a summary in the Federal Register 180 days prior to submitting the completed plan to Congress

  • After submitting to Congress, provide biennial progress reports on activities toward achieving the objectives of the plan

Clerical Amendment and Correction

Table of Contents in section 2 of Coast Guard Authorization act of 1998 (Public Law 105-383) amended-

Strike Title IV and insert:

• Title IV- Harmful Algal Blooms and Hypoxia

  • Short title

  • Findings

  • Assessments

  • National Harmful Algal Bloom and Hypoxia Program

  • Comprehensive research plan and action strategy

  • Northern Gulf of Mexico hypoxia

  • South Florida harmful algal blooms and hypoxia

  • Great Lakes hypoxia and harmful algal blooms

  • Protection of States’ rights

  • Effect on other Federal authority

  • Definitions

  • Authorization of appropriations