126 
area if the Secretary has determined through a 
rulemaking proceeding, after consultation with 
the Administrator and the heads of other appro-
priate Federal agencies as determined by the 
Secretary, and representatives of States the wa-
ters of which could be affected by the discharge 
of ballast water from the vessel, that the risk of 
introducing aquatic nuisance species through 
ballast water discharge from the vessel is insig-
nificant. 
‘‘(B) CERTAIN
VESSELS.—A vessel con-
structed before January 1, 2001, that operates 
exclusively within the Great Lakes shall be pre-
sumed not to pose a significant risk of intro-
ducing aquatic nuisance species unless the Sec-
retary finds otherwise in a rulemaking pro-
ceeding under subparagraph (A). 
‘‘(C) 
BEST
PRACTICES.—The 
Secretary 
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 operation area. The best practices 
shall be developed in consultation with the Gov-
ernors of States that may be affected. 
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127 
‘‘(D) STOPPING
THE
SPREAD
OF
INFEC-
TIOUS DISEASE.—The Secretary, at the request 
of the Secretary of Agriculture, shall require a 
vessel to which paragraph (1) does not apply in 
accordance with subparagraph (A) to have a bal-
last water treatment system approved by the Sec-
retary under this subsection to stop the spread of 
infectious diseases to plants and animals as oth-
erwise authorized by law. 
‘‘(11) LABORATORIES.—The Secretary may use 
any Federal, non-Federal, or foreign laboratory that 
meets standards established by the Secretary for the 
purpose of evaluating and certifying ballast water 
treatment technologies that meet the requirements of 
this subsection. 
‘‘(12) PROGRAM TO SUPPORT THE PROMULGA-
TION AND IMPLEMENTATION OF STANDARDS.— 
‘‘(A) IN GENERAL.—The Secretary, in co-
ordination with the Under Secretary, the Task 
Force and other appropriate Federal agencies, 
shall carry out a coordinated program to sup-
port the promulgation and implementation of 
standards under this subsection to prevent the 
introduction and spread of aquatic invasive spe-
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128 
cies by vessels. The program established under 
this section shall, at a minimum— 
‘‘(i) characterize physical, chemical, 
and biological harbor conditions relevant to 
ballast discharge into United States waters 
to inform the design and implementation of 
ship vector control technologies and prac-
tices; 
‘‘(ii) develop testing protocols for deter-
mining the effectiveness of vessel vector 
monitoring and control technologies and 
practices; 
‘‘(iii) demonstrate methods for miti-
gating the spread of invasive species by 
coastal voyages, including exploring the ef-
fectiveness of alternative exchange zones in 
the near coastal areas and other methods 
proposed to reduce transfers of organisms; 
‘‘(iv) verify the practical effectiveness 
of any process for approving a type of alter-
native ballast water management as meet-
ing standards established under this sub-
section, to ensure that the process produces 
repeatable and accurate assessments of 
treatment effectiveness; and 
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129 
‘‘(v) evaluate the effectiveness and re-
sidual risk and environmental impacts as-
sociated 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 Sec-
retary for each of fiscal years 2008 through 2012. 
‘‘(g) WARNINGS CONCERNING BALLAST WATER UP-
TAKE.— 
‘‘(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 include— 
‘‘(A) the coordinates of the area; and 
‘‘(B) if possible, the location of alternative 
areas for the uptake of ballast water. 
‘‘(h) SEDIMENT MANAGEMENT.— 
‘‘(1) IN GENERAL.—The operator of a vessel to 
which this section applies may not remove or dispose 
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130 
of sediment from spaces designed to carry ballast 
water, except— 
‘‘(A) in accordance with this subsection and 
the ballast water management 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 December 31, 
2008, a vessel to which this section applies may 
not be operated on waters subject to the jurisdic-
tion of the United States, unless that vessel is de-
signed and constructed in accordance with regu-
lations issued under subparagraph (C) and in a 
manner that— 
‘‘(i) minimizes the uptake and entrap-
ment of sediment; 
‘‘(ii) facilitates removal of sediment; 
and 
‘‘(iii) provides for safe access for sedi-
ment removal and sampling. 
‘‘(B) EXISTING VESSELS.—A vessel to which 
this section applies that was constructed before 
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