Committee on Transportation and Infrastructure of 
the House of Representatives. 
(2) REQUIREMENTS.—The project proposal re-
port shall— 
(A) evaluate the most cost-effective method 
for providing shore facilities to meet the oper-
ational requirements of Sector Buffalo; 
(B) determine the feasibility of consoli-
dating and relocating shore facilities on a por-
tion of the existing site, while— 
(i) meeting the operational require-
ments of Sector Buffalo; and 
(ii) allowing the expansion of oper-
ational requirements of Sector Buffalo; and 
(C) contain a preliminary plan for the de-
sign, engineering, and construction of the pro-
posed project, including— 
(i) the estimated cost of the design, en-
gineering, and construction of the proposed 
project; 
(ii) an anticipated timeline of the pro-
posed project; and 
(iii) a description of what Federal 
lands, if any, shall be considered excess to 
Coast Guard needs. 
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(d) LIMITATION.—Nothing in this section shall affect 
the current administration and management of the study 
area. 
TITLE V—BALLAST WATER 
TREATMENT 
SEC. 501. SHORT TITLE. 
This title may be cited as the ‘‘Ballast Water Treat-
ment Act of 2007’’. 
SEC. 502. DECLARATION OF GOALS AND PURPOSES. 
Section 1002 of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4701) is 
amended— 
(1) by redesignating subsection (b) as subsection 
(c); 
(2) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) DECLARATION OF GOALS AND PURPOSES.—The 
objective of this Act is to eliminate the threat and impacts 
of nonindigenous aquatic nuisance species in the waters of 
the United States. In order to achieve this objective, it is 
declared that, consistent with the provisions of this Act— 
‘‘(1) it is the national goal that ballast water 
discharged into the waters of the United States will 
contain no living (viable) organisms by the year 
2015; 
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‘‘(2) it is the national policy that the introduc-
tion of nonindigenous aquatic nuisance species in the 
waters of the United States be prohibited; and 
‘‘(3) it is the national policy that Federal, State, 
and local governments and the private sector identify 
the most effective ways to coordinate prevention ef-
forts, and harmonize environmentally sound methods 
to prevent, detect, monitor, and control nonindigenous 
aquatic nuisance species, in an expeditious manner.’’. 
(3) in subsection (c)(1) (as redesignated by para-
graph (1) of this section)— 
(A) by striking ‘‘prevent’’ and inserting 
‘‘eliminate’’; and 
(B) by inserting ‘‘treatment’’ after ‘‘ballast 
water’’; 
(4) in subsection (c)(2) (as so redesignated)— 
(A) by inserting ‘‘, detection, monitoring,’’ 
after ‘‘prevention’’; and 
(B) by striking ‘‘the zebra mussel and 
other’’; 
(5) in subsection (c)(3) (as so redesignated)— 
(A) by inserting ‘‘detect,’’ after ‘‘prevent,’’; 
and 
(B) by striking ‘‘from pathways other than 
ballast water exchange’’; 
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100 
(6) in subsection (c)(4) (as so redesignated) by 
striking ‘‘, including the zebra mussel’’; and 
(7) in subsection (c)(5) (as so redesignated)— 
(A) by inserting ‘‘prevention,’’ after ‘‘in 
the’’; 
(B) by inserting a comma after ‘‘manage-
ment’’; and 
(C) by striking ‘‘zebra mussels’’ and insert-
ing ‘‘aquatic nuisance species’’. 
SEC. 503. BALLAST WATER MANAGEMENT. 
(a) IN GENERAL.—Section 1101 of the Nonindigenous 
Aquatic Nuisance Prevention and Control Act of 1990 (16 
U.S.C. 4711) is amended to read as follows: 
‘‘SEC. 1101. BALLAST WATER MANAGEMENT. 
‘‘(a) VESSELS TO WHICH THIS SECTION APPLIES.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2), (3), (4), and (5), this section applies to 
a vessel that— 
‘‘(A) is designed, constructed, or adapted to 
carry ballast water; and 
‘‘(B)(i) is a vessel of the United States; or 
‘‘(ii) is a foreign vessel that— 
‘‘(I) is en route to a United States port 
or place; or 
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101 
‘‘(II) has departed from a United 
States port or place and is within waters 
subject to the jurisdiction of the United 
States. 
‘‘(2) PERMANENT BALLAST WATER VESSELS.— 
This section does not apply to a vessel that carries all 
of its permanent ballast water in sealed tanks that 
are not subject to discharge. 
‘‘(3) ARMED FORCES VESSELS.— 
‘‘(A) EXEMPTION.—Except as provided in 
subparagraph (B), this section does not apply to 
a vessel of the Armed Forces. 
‘‘(B) BALLAST WATER MANAGEMENT PRO-
GRAM.—The Secretary and the Secretary of De-
fense, after consultation with each other and 
with the Under Secretary and the heads of other 
appropriate Federal agencies as determined by 
the Secretary, shall implement a ballast water 
management program, including the issuance of 
standards for ballast water exchange and treat-
ment and for sediment management, for vessels 
of the Armed Forces under their respective juris-
dictions designed, constructed, or adapted to 
carry ballast water that are— 
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102 
‘‘(i) consistent with the requirements of 
this section, including the deadlines estab-
lished by this section; and 
‘‘(ii) at least as stringent as the re-
quirements issued for such vessels under sec-
tion 312 of the Federal Water Pollution 
Control Act (33 U.S.C. 1322). 
‘‘(4) SPECIAL RULE FOR SMALL RECREATIONAL 
VESSELS.—In applying this section to recreational 
vessels less than 50 meters in length that have a max-
imum ballast water capacity of 8 cubic meters, the 
Secretary may issue alternative measures for man-
aging ballast water in a manner that is consistent 
with the requirements of this section. 
‘‘(5) MARAD VESSELS.—Subsection (f) does not 
apply to any vessel in the National Defense Reserve 
Fleet that is scheduled to be disposed of through 
scrapping or sinking. 
‘‘(b) UPTAKE AND DISCHARGE OF BALLAST WATER OR 
SEDIMENT.— 
‘‘(1) PROHIBITION.—The operator of a vessel to 
which this section applies may not conduct the uptake 
or discharge of ballast water or sediment in waters 
subject to the jurisdiction of the United States except 
as provided in this section. 
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103 
‘‘(2) EXCEPTIONS.—Paragraph (1) does not 
apply to the uptake or discharge of ballast water or 
sediment in the following circumstances: 
‘‘(A) The uptake or discharge is solely for 
the purpose of— 
‘‘(i) ensuring the safety of the vessel in 
an emergency situation; or 
‘‘(ii) saving a life at sea. 
‘‘(B) The uptake or discharge is accidental 
and the result of damage to the vessel or its 
equipment and— 
‘‘(i) all reasonable precautions to pre-
vent or minimize ballast water and sedi-
ment discharge have been taken before and 
after the damage occurs, the discovery of the 
damage, and the discharge; and 
‘‘(ii) the owner or officer in charge of 
the vessel did not willfully or recklessly 
cause the damage. 
‘‘(C) The uptake or discharge is solely for 
the purpose of avoiding or minimizing the dis-
charge from the vessel of pollution that would 
otherwise violate applicable Federal or State 
law. 
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104 
‘‘(D) The uptake or discharge of ballast 
water and sediment occurs at the same location 
where the whole of that ballast water and that 
sediment originated and there is no mixing with 
ballast water and sediment from another area 
that has not been managed in accordance with 
the requirements of this section. 
‘‘(c) VESSEL BALLAST WATER MANAGEMENT PLAN.— 
‘‘(1) IN GENERAL.—The operator of a vessel to 
which this section applies shall conduct all ballast 
water management operations of that vessel in ac-
cordance with a ballast water management plan de-
signed to minimize the discharge of aquatic nuisance 
species that— 
‘‘(A) meets the requirements prescribed by 
the Secretary by regulation; and 
‘‘(B) is approved by the Secretary. 
‘‘(2) APPROVAL CRITERIA.— 
‘‘(A) IN GENERAL.—The Secretary may not 
approve a ballast water management plan unless 
the Secretary determines that the plan— 
‘‘(i) describes in detail the actions to be 
taken to implement the ballast water man-
agement requirements established under this 
section; 
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105 
‘‘(ii) describes in detail the procedures 
to be used for disposal of sediment at sea 
and on shore in accordance with the re-
quirements of this section; 
‘‘(iii) describes in detail safety proce-
dures for the vessel and crew associated with 
ballast water management; 
‘‘(iv) designates the officer on board the 
vessel in charge of ensuring that the plan is 
properly implemented; 
‘‘(v) contains the reporting require-
ments for vessels established under this sec-
tion and a copy of each form necessary to 
meet those requirements; and 
‘‘(vi) meets all other requirements pre-
scribed by the Secretary. 
‘‘(B) FOREIGN
VESSELS.—The Secretary 
may approve a ballast water management plan 
for a foreign vessel on the basis of a certificate 
of compliance with the criteria described in sub-
paragraph (A) issued by the vessel’s country of 
registration in accordance with regulations 
issued by the Secretary. 
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106 
‘‘(3) COPY OF PLAN ON BOARD VESSEL.—The 
owner or operator of a vessel to which this section ap-
plies shall— 
‘‘(A) maintain a copy of the vessel’s ballast 
water management plan on board at all times; 
and 
‘‘(B) keep the plan readily available for ex-
amination by the Secretary and the head of the 
appropriate agency of the State in which the ves-
sel is located at all reasonable times. 
‘‘(d) VESSEL BALLAST WATER RECORD BOOK.— 
‘‘(1) IN GENERAL.—The owner or operator of a 
vessel to which this section applies shall maintain, in 
English on board the vessel, a ballast water record 
book in which each operation of the vessel involving 
ballast water or sediment discharge is recorded in ac-
cordance with regulations issued by the Secretary. 
‘‘(2) AVAILABILITY.—The ballast water record 
book— 
‘‘(A) shall be kept readily available for ex-
amination by the Secretary and the head of the 
appropriate agency of the State in which the ves-
sel is located at all reasonable times; and 
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107 
‘‘(B) notwithstanding paragraph (1), may 
be kept on the towing vessel in the case of an un-
manned vessel under tow. 
‘‘(3) RETENTION
PERIOD.—The ballast water 
record book shall be retained— 
‘‘(A) on board the vessel for a period of 3 
years after the date on which the last entry in 
the book is made; and 
‘‘(B) under the control of the vessel’s owner 
for an additional period of 3 years. 
‘‘(4) REGULATIONS.—In the regulations issued 
under this section, the Secretary shall require, at a 
minimum, that— 
‘‘(A) each entry in the ballast water record 
book be signed and dated by the officer in charge 
of the ballast water operation recorded; 
‘‘(B) each completed page in the ballast 
water record book be signed and dated by the 
master of the vessel; and 
‘‘(C) the owner or operator of the vessel 
transmit such information to the Secretary re-
garding the ballast operations of the vessel as the 
Secretary may require. 
‘‘(5) 
ALTERNATIVE
MEANS
OF
RECORD-
KEEPING.—The Secretary may provide, by regulation, 
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108 
for alternative methods of recordkeeping, including 
electronic recordkeeping, to comply with the require-
ments of this subsection. Any electronic recordkeeping 
method authorized by the Secretary shall support the 
inspection and enforcement provisions of this Act and 
shall comply with applicable standards of the Na-
tional Institute of Standards and Technology and the 
Office of Management and Budget governing reli-
ability, integrity, identity authentication, and non-
repudiation of stored electronic data. 
‘‘(e) BALLAST WATER EXCHANGE REQUIREMENTS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REQUIREMENT.—Until a vessel is re-
quired to conduct ballast water treatment in ac-
cordance with subsection (f), the operator of a 
vessel to which this section applies may not dis-
charge ballast water in waters subject to the ju-
risdiction of the United States, except after— 
‘‘(i) conducting ballast water exchange 
as required by this subsection, in accord-
ance with regulations issued by the Sec-
retary; 
‘‘(ii) using ballast water treatment 
technology that meets the performance 
standards of subsection (f); or 
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109 
‘‘(iii) using environmentally sound al-
ternative ballast water treatment technology 
if the Secretary determines that such treat-
ment technology is at least as effective as 
the ballast water exchange required by 
clause (i) in preventing and controlling the 
introduction of aquatic nuisance species. 
‘‘(B) TECHNOLOGY
EFFICACY.—For pur-
poses of this paragraph, a ballast water treat-
ment technology shall be considered to be at least 
as effective as the ballast water exchange re-
quired by clause (i) in preventing and control-
ling the introduction of aquatice nuisance species 
if preliminary experiments prior to installation 
of the technology aboard the vessel demonstrate 
that the technology removed or killed at least 98 
percent of organisms larger than 50 microns. 
‘‘(2) GUIDANCE; 5-YEAR USAGE.— 
‘‘(A) GUIDANCE.—Not later than one year 
after the date of enactment of the Ballast Water 
Treatment Act of 2007, the Secretary shall de-
velop and issue guidance on technology that may 
be used under paragraph (1)(A)(iii). 
‘‘(B) 5-YEAR USAGE.—The Secretary shall 
allow a vessel using environmentally-sound alter-
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110 
native ballast treatment technology under para-
graph (1)(A)(iii) to continue to use that tech-
nology for 5 years after the date on which the en-
vironmentally-sound alternative ballast water 
treatment technology was first placed in service 
on the vessel or the date on which treatment re-
quirements under subsection (f) become applica-
ble, whichever is later. 
‘‘(3) EXCHANGE AREAS.— 
‘‘(A) 
VESSELS
OUTSIDE
THE
UNITED 
STATES EEZ.—The operator of a vessel en route 
to a United States port or place from a port or 
place outside the waters subject to the jurisdic-
tion of the United States shall conduct ballast 
water exchange— 
‘‘(i) before arriving at a United States 
port or place; 
‘‘(ii) at least 200 nautical miles from 
the nearest point of land; and 
‘‘(iii) in water at least 200 meters in 
depth. 
‘‘(B) COASTAL VOYAGES.—The operator of a 
vessel originating from a port or place within 
the United States exclusive economic zone, or 
from a port within 200 nautical miles of the 
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111 
United States in Canada, Mexico, or other ports 
designated by the Secretary for purposes of this 
section, shall conduct ballast water exchange— 
‘‘(i) at least 50 nautical miles from the 
nearest point of land; and 
‘‘(ii) in water at least 200 meters in 
depth. 
‘‘(4) SAFETY OR STABILITY EXCEPTION.— 
‘‘(A) 
SECRETARIAL
DETERMINATION.— 
Paragraph (3) does not apply to the discharge of 
ballast water if the Secretary determines that 
compliance with that paragraph would threaten 
the safety or stability of the vessel, its crew, or 
is passengers. 
‘‘(B) MASTER OF THE VESSEL DETERMINA-
TION.—Paragraph (3) does not apply to the dis-
charge of ballast water if the master of a vessel 
determines that compliance with that paragraph 
would threaten the safety or stability of the ves-
sel, its crew, or its passengers because of adverse 
weather, equipment failure, or any other relevant 
condition. 
‘‘(C) NOTIFICATION
REQUIRED.—Whenever 
the master of a vessel is unable to comply with 
the requirements of paragraph (3) because of a 
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112 
determination made under subparagraph (B), 
the master of the vessel shall— 
‘‘(i) notify the Secretary as soon as 
practicable thereafter but no later than 24 
hours after making that determination and 
shall ensure that the determination, the rea-
sons for the determination, and the notice 
are recorded in the vessel’s ballast water 
record book; and 
‘‘(ii) undertake ballast water exchange 
in accordance with paragraph (6) if safety 
or stability concerns prevent undertaking 
ballast water exchange in the alternative 
area. 
‘‘(D) REVIEW OF CIRCUMSTANCES.—If the 
master of a vessel conducts a ballast water dis-
charge under the provisions of this paragraph, 
the Secretary shall review the circumstances to 
determine whether the discharge met the require-
ments of this paragraph. The review under this 
clause shall be in addition to any other enforce-
ment authority of the Secretary. 
‘‘(5) DISCHARGE UNDER WAIVER.— 
‘‘(A) SUBSTANTIAL
BUSINESS
HARDSHIP 
WAIVER.—If, because of the short length of a voy-
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113 
age, the operator of a vessel is unable to dis-
charge ballast water in accordance with the re-
quirements of paragraph (3)(B) without substan-
tial business hardship, as determined under reg-
ulations issued by the Secretary, the operator 
may request a waiver from the Secretary and 
discharge the ballast water in accordance with 
paragraph (6). A request for a waiver under this 
subparagraph shall be submitted to the Secretary 
at such time and in such form and manner as 
the Secretary may require. 
‘‘(B) SUBSTANTIAL BUSINESS HARDSHIP.— 
For purposes of subparagraph (A), the factors 
taken into account in determining substantial 
business hardship shall include whether— 
‘‘(i) compliance with the requirements 
of paragraph (3)(B) would require a suffi-
ciently great change in routing or sched-
uling of service as to compromise the eco-
nomic or commercial viability of the trade 
or business in which the vessel is operated; 
or 
‘‘(ii) it is reasonable to expect that the 
trade or business or service provided will be 
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114 
continued only if a waiver is granted under 
subparagraph (A). 
‘‘(6) PERMISSABLE DISCHARGE.— 
‘‘(A) IN GENERAL.—The discharge of ballast 
water shall be considered to be carried out in ac-
cordance with this paragraph if it is— 
‘‘(i) in an area designated for that 
purpose by the Secretary, after consultation 
with the Under Secretary, the heads of other 
appropriate Federal agencies as determined 
by the Secretary, and representatives of any 
State that may be affected by discharge of 
ballast water in that area; or 
‘‘(ii) into a reception facility described 
in subsection (f)(2). 
‘‘(B) LIMITATION ON VOLUME.—The volume 
of any ballast water discharged under this para-
graph may not exceed the volume necessary to 
ensure the safe operation of the vessel. 
‘‘(7) 
CERTAIN
GEOGRAPHICALLY
LIMITED 
ROUTES.—Notwithstanding paragraph (1), the oper-
ator of a vessel is not required to comply with the re-
quirements of this subsection— 
‘‘(A) if the vessel operates exclusively— 
‘‘(i) within the Great Lakes; or 
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