332 
‘‘(C) BEST
PRACTICES.—The Sec-
retary shall develop, and require a 
vessel exempted from complying with 
the requirements of paragraph (1) 
under this paragraph to follow, best 
practices to minimize the spreading 
of aquatic nuisance species in its op-
eration area. The best practices shall 
be developed in consultation with the 
Governors of States that may be af-
fected. 
‘‘(D) STOPPING THE SPREAD OF IN-
FECTIOUS DISEASE.—The Secretary, at 
the request of the Secretary of Agri-
culture, shall require a vessel to 
which paragraph (1) does not apply 
in accordance with subparagraph (A) 
to have a ballast water treatment sys-
tem approved by the Secretary under 
this subsection to stop the spread of 
infectious diseases to plants and ani-
mals as otherwise authorized by law. 
‘‘(11) LABORATORIES.—The Secretary 
may use any Federal, non-Federal, or for-
eign laboratory that meets standards es-
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tablished by the Secretary for the pur-
pose of evaluating and certifying ballast 
water treatment technologies that meet 
the requirements of this subsection. 
‘‘(12) PROGRAM TO SUPPORT THE PRO-
MULGATION AND IMPLEMENTATION OF STAND-
ARDS.— 
‘‘(A) IN
GENERAL.—The Secretary, 
in coordination with the Under Sec-
retary, the Task Force and other ap-
propriate 
Federal 
agencies, 
shall 
carry out a coordinated program to 
support the promulgation and imple-
mentation of standards under this 
subsection to prevent the introduc-
tion and spread of aquatic invasive 
species by vessels. The program es-
tablished under this section shall, at 
a minimum— 
‘‘(i) 
characterize 
physical, 
chemical, and biological harbor 
conditions relevant to ballast dis-
charge into United States waters 
to inform the design and imple-
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334 
mentation of ship vector control 
technologies and practices; 
‘‘(ii) develop testing protocols 
for determining the effectiveness 
of vessel vector monitoring and 
control technologies and prac-
tices; 
‘‘(iii) demonstrate methods for 
mitigating the spread of invasive 
species by coastal voyages, in-
cluding exploring the effective-
ness 
of 
alternative 
exchange 
zones in the near coastal areas 
and other methods proposed to 
reduce transfers of organisms; 
‘‘(iv) verify the practical effec-
tiveness of any process for ap-
proving a type of alternative bal-
last water management as meet-
ing standards established under 
this subsection, to ensure that the 
process produces repeatable and 
accurate assessments of treat-
ment effectiveness; and 
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‘‘(v) evaluate the effectiveness 
and residual risk and environ-
mental impacts associated with 
any standard set with respect to 
the vessel pathways. 
‘‘(B) AUTHORIZATION OF APPROPRIA-
TIONS.—In addition to other amounts 
authorized by this title, to carry out 
this paragraph there are authorized 
to be appropriated $1,500,000 to the 
Secretary and $1,500,000 to the Under 
Secretary for each of fiscal years 2008 
through 2012. 
‘‘(g) 
WARNINGS
CONCERNING
BALLAST 
WATER UPTAKE.— 
‘‘(1) IN GENERAL.—The Secretary shall 
notify vessel owners and operators of any 
area in waters subject to the jurisdiction 
of the United States in which vessels may 
not uptake ballast water due to known 
conditions. 
‘‘(2) CONTENTS.—The notice shall in-
clude— 
‘‘(A) the coordinates of the area; 
and 
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‘‘(B) if possible, the location of al-
ternative areas for the uptake of bal-
last water. 
‘‘(h) SEDIMENT MANAGEMENT.— 
‘‘(1) IN
GENERAL.—The operator of a 
vessel to which this section applies may 
not remove or dispose of sediment from 
spaces designed to carry ballast water, 
except— 
‘‘(A) in accordance with this sub-
section and the ballast water manage-
ment plan approved under subsection 
(c); and 
‘‘(B)(i) more than 200 nautical 
miles from the nearest point of land; 
or 
‘‘(ii) into a reception facility that 
meets the requirements of paragraph 
(3). 
‘‘(2) DESIGN REQUIREMENTS.— 
‘‘(A) NEW
VESSELS.—After Decem-
ber 31, 2008, a vessel to which this 
section applies may not be operated 
on waters subject to the jurisdiction 
of the United States, unless that ves-
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337 
sel is designed and constructed in ac-
cordance 
with 
regulations 
issued 
under subparagraph (C) and in a 
manner that— 
‘‘(i) minimizes the uptake and 
entrapment of sediment; 
‘‘(ii) 
facilitates 
removal 
of 
sediment; and 
‘‘(iii) provides for safe access 
for sediment removal and sam-
pling. 
‘‘(B) EXISTING
VESSELS.—A vessel 
to which this section applies that was 
constructed before January 1, 2009, 
shall be modified, to the extent prac-
ticable, at the first drydocking of the 
vessel after December 31 2008, but 
not later than December 31, 2013, to 
achieve the objectives described in 
subparagraph (A). 
‘‘(C) REGULATIONS.—The Secretary 
shall issue regulations establishing 
design and construction standards to 
achieve the objectives of subpara-
graph (A) and providing guidance for 
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