U.S Code last checked for updates: May 04, 2024
All TitlesTitle 16Chapter 67Subchapter II
§ 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
(2)
Location
(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
(5)
Report
(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 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
(Pub. L. 101–646, title I, § 1104, as added Pub. L. 104–332, § 2(d), Oct. 26, 1996, 110 Stat. 4083.)
cite as: 16 USC 4714
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