
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC4714]

 
                         TITLE 16--CONSERVATION
 
           CHAPTER 67--AQUATIC NUISANCE PREVENTION AND CONTROL
 
      SUBCHAPTER II--PREVENTION OF UNINTENTIONAL INTRODUCTIONS OF 
                      NONINDIGENOUS AQUATIC SPECIES
 
Sec. 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 pursuant to 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, shall 
    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 shall 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, shall--
            (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 shall 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

        Not later than 3 years after October 26, 1996, the Secretary of 
    the Interior and the Secretary of Commerce shall prepare and submit 
    a report to the Congress on the demonstration program conducted 
    pursuant to this section. The report shall 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) of 
    this section, 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 thereof, 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 shall consult and cooperate with 
    the International Maritime Organization and the Task Force in 
    carrying out this section.

(Pub. L. 101-646, title I, Sec. 1104, as added Pub. L. 104-332, 
Sec. 2(d), Oct. 26, 1996, 110 Stat. 4083.)

                  Section Referred to in Other Sections

    This section is referred to in section 4741 of this title.
