16 U.S.C. § 4713 — Armed services ballast water programs

Page 2504 TITLE 16—CONSERVATION § 4713 § 4713. Armed services ballast water programs (a) Department of Defense vessels Subject to operational conditions, the Sec- retary of Defense, in consultation with the Sec- retary, the Task Force, and the International Maritime Organization, shall implement a bal- last water management program for seagoing vessels of the Department of Defense to mini- mize the risk of introduction of nonindigenous species from releases of ballast water. (b) Coast Guard vessels Subject to operational conditions, the Sec- retary, in consultation with the Task Force and the International Maritime Organization, shall implement a ballast water management pro- gram for seagoing vessels of the Coast Guard to minimize the risk of introduction of nonindige- nous species from releases of ballast water. (Pub. L. 101–646, title I, § 1103, as added Pub. L. 104–332, § 2(d), Oct. 26, 1996, 110 Stat. 4083.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 4714. Ballast water management demonstration program (a) ‘‘Technologies and practices’’ defined For purposes of this section, the term ‘‘tech- nologies and practices’’ means those tech- nologies 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 treat- ment 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 moni- toring; 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 appro- priations 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 dem- onstration program to demonstrate tech- nologies and practices to prevent aquatic non- indigenous 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 dem- onstration program conducted under this sub- section 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 Com- merce, 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 dem- onstration; (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 regu- larly 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 Sec- retary of the Interior and the Secretary of Commerce shall give priority consideration to technologies and practices identified as prom- ising 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 Sec- retary 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 rec- ommendations 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 In- terior may—