16 U.S.C. § 4714 — Ballast water management demonstration program

(a) “Technologies and practices” defined For purposes of this section, the term “technologies and practices” means those technologies and practices that— (1) may be retrofitted— (A) on existing vessels or incorporated in new vessel designs; and (B) on existing land-based ballast water treatment facilities; (2) may be designed into new water treatment facilities; (3) are operationally practical; (4) are safe for a vessel and crew; (5) are environmentally sound; (6) are cost-effective; (7) a vessel operator is capable of monitoring; and (8) are effective against a broad range of aquatic nuisance species. (b) Demonstration program (1) In general During the 18-month period beginning on the date that funds are made available by appropriations under section 4741 (e) of this title , the Secretary of the Interior and the Secretary of Commerce, with the concurrence of and in cooperation with the Secretary, must conduct a ballast water management demonstration program to demonstrate technologies and practices to prevent aquatic nonindigenous species from being introduced into and spread through ballast water in the Great Lakes and other waters of the United States. (2) Location The installation and construction of the technologies and practices used in the demonstration program conducted under this subsection must be performed in the United States. (3) Vessel selection In demonstrating technologies and practices on vessels under this subsection, the Secretary of the Interior and the Secretary of Commerce, must— (A) use only vessels that— (i) are approved by the Secretary; (ii) have ballast water systems conducive to testing aboard-vessel or land-based technologies and practices applicable to a significant number of merchant vessels; and (iii) are— (I) publicly or privately owned; and (II) in active use for trade or other cargo shipment purposes during the demonstration; (B) select vessels for participation in the program by giving priority consideration— (i) first, to vessels documented under chapter 121 of title 46; (ii) second, to vessels that are a majority owned by citizens of the United States, as determined by the Secretary; and (iii) third, to any other vessels that regularly call on ports in the United States; and (C) seek to use a variety of vessel types, including vessels that— (i) call on ports in the United States and on the Great Lakes; and (ii) are operated along major coasts of the United States and inland waterways, including the San Francisco Bay and Chesapeake Bay. (4) Selection of technologies and practices In selecting technologies and practices for demonstration under this subsection, the Secretary of the Interior and the Secretary of Commerce must give priority consideration to technologies and practices identified as promising by the National Research Council Marine Board of the National Academy of Sciences in its report on ships’ ballast water operations issued in July 1996. (5) Report By 3 years after October 26, 1996 , the Secretary of the Interior and the Secretary of Commerce must prepare and submit a report to the Congress on the demonstration program conducted under this section. The report must include findings and recommendations of the Secretary of the Interior and the Secretary of Commerce concerning technologies and practices. (c) Authorities; consultation and cooperation with International Maritime Organization and Task Force (1) Authorities In conducting the demonstration program under subsection (b) , the Secretary of the Interior may— (A) enter into cooperative agreements with appropriate officials of other agencies of the Federal Government, agencies of States and political subdivisions of it, and private entities; (B) accept funds, facilities, equipment, or personnel from other Federal agencies; and (C) accept donations of property and services. (2) Consultation and cooperation The Secretary of the Interior must consult and cooperate with the International Maritime Organization and the Task Force in carrying out this section.