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

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— Page 2505 TITLE 16—CONSERVATION § 4722 (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 serv- ices. (2) Consultation and cooperation The Secretary of the Interior shall consult and cooperate with the International Mari- time Organization and the Task Force in car- rying out this section. (Pub. L. 101–646, title I, § 1104, as added Pub. L. 104–332, § 2(d), Oct. 26, 1996, 110 Stat. 4083.) SUBCHAPTER III—PREVENTION AND CON- TROL OF AQUATIC NUISANCE SPECIES DISPERSAL § 4721. Establishment of Task Force (a) Task Force There is hereby established an ‘‘Aquatic Nui- sance Species Task Force’’. (b) Membership Membership of the Task Force shall consist of— (1) the Director; (2) the Under Secretary; (3) the Administrator of the Environmental Protection Agency; (4) the Commandant of the United States Coast Guard; (5) the Assistant Secretary; (6) the Secretary of Agriculture; (7) the Director of the National Park Serv- ice; (8) the Director of the Bureau of Land Man- agement; (9) the Commissioner of Reclamation; and (10) the head of any other Federal agency that the chairpersons designated under sub- section (d) deem appropriate. (c) Ex officio members The chairpersons designated under subsection (d) shall invite representatives of the Great Lakes Commission, the Patrick Leahy Lake Champlain Basin Program, the Chesapeake Bay Program, the San Francisco Bay-Delta Estuary Program, and State agencies and other govern- mental entities to participate as ex officio mem- bers of the Task Force. (d) Chairpersons The Director and the Under Secretary shall serve as co-chairpersons of the Task Force and shall be jointly responsible, and are authorized to undertake such activities as may be nec- essary, for carrying out this subchapter in con- sultation and cooperation with the other mem- bers of the Task Force. (e) Memorandum of understanding Within six months of November 29, 1990, the Director and the Under Secretary shall develop a memorandum of understanding that describes the role of each in jointly carrying out this sub- chapter. (f) Coordination Each Task Force member shall coordinate any action to carry out this subchapter with any such action by other members of the Task Force, and regional, State and local entities. (g) Observers The chairpersons designated under subsection (d) may invite representatives of nongovern- mental entities to participate as observers of the Task Force. (Pub. L. 101–646, title I, § 1201, Nov. 29, 1990, 104 Stat. 4765; Pub. L. 104–182, title III, § 308(b), Aug. 6, 1996, 110 Stat. 1689; Pub. L. 104–332, § 2(e)(2), (h)(1), Oct. 26, 1996, 110 Stat. 4085, 4091; Pub. L. 117–263, div. K, title CXIII, § 11327(b), (c), Dec. 23, 2022, 136 Stat. 4097; Pub. L. 117–328, div. O, title IV, § 404(b), Dec. 29, 2022, 136 Stat. 5229.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsecs. (d) to (f), was in the original ‘‘this subtitle’’, meaning subtitle C (§§ 1201–1209) of title I of Pub. L. 101–646, Nov. 29, 1990, 104 Stat. 4765, which enacted this subchapter and amended section 42 of Title 18, Crimes and Criminal Procedure. AMENDMENTS 2022—Subsec. (b)(7) to (10). Pub. L. 117–263, § 11327(c), added pars. (7) to (9) and redesignated former par. (7) as (10). Subsec. (c). Pub. L. 117–328 inserted ‘‘Patrick Leahy’’ before ‘‘Lake Champlain Basin Program’’. Subsec. (g). Pub. L. 117–263, § 11327(b), added subsec. (g). 1996—Pub. L. 104–332, § 2(h)(1), made technical amend- ment to Pub. L. 101–646, § 1201, which enacted this sec- tion. Subsec. (b)(5) to (7). Pub. L. 104–332, § 2(e)(2)(A), struck out ‘‘and’’ at end of par. (5), added par. (6), and redesig- nated former par. (6) as (7). Subsec. (c). Pub. L. 104–332, § 2(e)(2)(B), inserted ‘‘the Chesapeake Bay Program, the San Francisco Bay-Delta Estuary Program,’’ before ‘‘and State agencies’’. Pub. L. 104–182 inserted ‘‘, the Lake Champlain Basin Program,’’ after ‘‘Great Lakes Commission’’. 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. § 4722. Aquatic nuisance species program (a) In general The Task Force shall develop and implement a program for waters of the United States to pre- vent introduction and dispersal of aquatic nui- sance species; to monitor, control and study such species; and to disseminate related infor- mation. (b) Content The program developed under subsection (a) shall—