294 
(1) IN
GENERAL.—Within 12 months 
after the date on which funds are first 
made available to carry out this section, 
the Commandant shall conduct a project 
proposal report of the study area and 
shall submit such report to the Com-
mittee on Commerce, Science, and Trans-
portation of the Senate and the Com-
mittee on Transportation and Infrastruc-
ture of the House of Representatives. 
(2) REQUIREMENTS.—The project pro-
posal report shall— 
(A) evaluate the most cost-effec-
tive method for providing shore fa-
cilities to meet the operational re-
quirements of Sector Buffalo; 
(B) determine the feasibility of 
consolidating and relocating shore fa-
cilities on a portion of the existing 
site, while— 
(i) meeting the operational re-
quirements of Sector Buffalo; and 
(ii) allowing the expansion of 
operational requirements of Sec-
tor Buffalo; and 
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(C) contain a preliminary plan for 
the design, engineering, and con-
struction of the proposed project, in-
cluding— 
(i) the estimated cost of the 
design, 
engineering, 
and 
con-
struction of the proposed project; 
(ii) an anticipated timeline of 
the proposed project; and 
(iii) a description of what Fed-
eral lands, if any, shall be consid-
ered excess to Coast Guard needs. 
(d) LIMITATION.—Nothing in this section 
shall affect the current administration and 
management of the study area. 
SEC. 419. COAST GUARD ASSETS FOR UNITED STATES VIR-
GIN ISLANDS. 
(a) IN GENERAL.—The Secretary of Home-
land Security may station additional Coast 
Guard assets in the United States Virgin Is-
lands for port security and other associated 
purposes. 
(b) AUTHORIZATION
OF APPROPRIATIONS.— 
There are authorized to be appropriated to 
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296 
the Secretary for fiscal year 2008 such sums 
as are necessary to carry out this section. 
TITLE V—BALLAST WATER 
TREATMENT 
SEC. 501. SHORT TITLE. 
This title may be cited as the ‘‘Ballast 
Water Treatment Act of 2007’’. 
SEC. 502. DECLARATION OF GOALS AND PURPOSES. 
Section 1002 of the Nonindigenous Aquat-
ic 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 following: 
‘‘(b) DECLARATION
OF
GOALS
AND
PUR-
POSES.—The objective of this Act is to elimi-
nate the threat and impacts of nonindigenous 
aquatic nuisance species in the waters of the 
United States. In order to achieve this objec-
tive, 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 
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United States will contain no living (via-
ble) organisms by the year 2015; 
‘‘(2) it is the national policy that the 
introduction of nonindigenous aquatic 
nuisance species in the waters of the 
United States be prohibited; and 
‘‘(3) it is the national policy that Fed-
eral, State, and local governments and 
the private sector identify the most effec-
tive ways to coordinate prevention ef-
forts, and harmonize environmentally 
sound methods to prevent, detect, mon-
itor, and control nonindigenous aquatic 
nuisance species, in an expeditious man-
ner.’’. 
(3) in subsection (c)(1) (as redesig-
nated by paragraph (1) of this section)— 
(A) by striking ‘‘prevent’’ and in-
serting ‘‘eliminate’’; and 
(B) by inserting ‘‘treatment’’ after 
‘‘ballast water’’; 
(4) in subsection (c)(2) (as so redesig-
nated)— 
(A) by inserting ‘‘, detection, mon-
itoring,’’ after ‘‘prevention’’; and 
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298 
(B) by striking ‘‘the zebra mussel 
and other’’; 
(5) in subsection (c)(3) (as so redesig-
nated)— 
(A) by inserting ‘‘detect,’’ after 
‘‘prevent,’’; and 
(B) by striking ‘‘from pathways 
other than ballast water exchange’’; 
(6) in subsection (c)(4) (as so redesig-
nated) by striking ‘‘, including the zebra 
mussel’’; and 
(7) in subsection (c)(5) (as so redesig-
nated)— 
(A) 
by 
inserting 
‘‘prevention,’’ 
after ‘‘in the’’; 
(B) by inserting a comma after 
‘‘management’’; and 
(C) by striking ‘‘zebra mussels’’ 
and inserting ‘‘aquatic nuisance spe-
cies’’. 
SEC. 503. BALLAST WATER MANAGEMENT. 
(a) IN GENERAL.—Section 1101 of the Non-
indigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4711) is amend-
ed to read as follows: 
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‘‘SEC. 1101. BALLAST WATER MANAGEMENT. 
‘‘(a) VESSELS TO WHICH THIS SECTION AP-
PLIES.— 
‘‘(1) IN GENERAL.—Except as provided 
in paragraphs (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 
‘‘(II) has departed from a 
United States port or place and is 
within waters subject to the juris-
diction of the United States. 
‘‘(2) PERMANENT
BALLAST
WATER
VES-
SELS.—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 pro-
vided in subparagraph (B), this sec-
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300 
tion does not apply to a vessel of the 
Armed Forces. 
‘‘(B) BALLAST
WATER
MANAGEMENT 
PROGRAM.—The 
Secretary 
and 
the 
Secretary of Defense, after consulta-
tion 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 manage-
ment program, including the issuance 
of standards for ballast water ex-
change and treatment and for sedi-
ment management, for vessels of the 
Armed Forces under their respective 
jurisdictions designed, constructed, 
or adapted to carry ballast water that 
are— 
‘‘(i) consistent with the re-
quirements of this section, includ-
ing the deadlines established by 
this section; and 
‘‘(ii) at least as stringent as 
the requirements issued for such 
vessels under section 312 of the 
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301 
Federal Water Pollution Control 
Act (33 U.S.C. 1322). 
‘‘(4) SPECIAL
RULE
FOR
SMALL
REC-
REATIONAL VESSELS.—In applying this sec-
tion to recreational vessels less than 50 
meters in length that have a maximum 
ballast water capacity of 8 cubic meters, 
the Secretary may issue alternative meas-
ures for managing ballast water in a 
manner that is consistent with the re-
quirements of this section. 
‘‘(5) MARAD
VESSELS.—Subsection (f) 
does not apply to any vessel in the Na-
tional 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 sub-
ject to the jurisdiction of the United 
States except as provided in this section. 
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302 
‘‘(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 prevent or minimize ballast 
water and sediment 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 will-
fully or recklessly cause the dam-
age. 
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303 
‘‘(C) The uptake or discharge is 
solely for the purpose of avoiding or 
minimizing the discharge from the 
vessel of pollution that would other-
wise violate applicable Federal or 
State law. 
‘‘(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 man-
aged in accordance with the require-
ments 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 op-
erations of that vessel in accordance with 
a ballast water management plan de-
signed to minimize the discharge of 
aquatic nuisance species that— 
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304 
‘‘(A) meets the requirements pre-
scribed by the Secretary by regula-
tion; and 
‘‘(B) is approved by the Secretary. 
‘‘(2) APPROVAL CRITERIA.— 
‘‘(A) IN
GENERAL.—The Secretary 
may not approve a ballast water man-
agement plan unless the Secretary 
determines that the plan— 
‘‘(i) describes in detail the ac-
tions to be taken to implement 
the ballast water management re-
quirements established under this 
section; 
‘‘(ii) describes in detail the 
procedures to be used for disposal 
of sediment at sea and on shore in 
accordance 
with 
the 
require-
ments of this section; 
‘‘(iii) describes in detail safety 
procedures for the vessel and 
crew 
associated 
with 
ballast 
water management; 
‘‘(iv) designates the officer on 
board the vessel in charge of en-
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305 
suring that the plan is properly 
implemented; 
‘‘(v) contains the reporting re-
quirements for vessels established 
under this section and a copy of 
each 
form 
necessary 
to 
meet 
those requirements; and 
‘‘(vi) meets all other require-
ments prescribed by the Sec-
retary. 
‘‘(B) FOREIGN
VESSELS.—The Sec-
retary may approve a ballast water 
management plan for a foreign vessel 
on the basis of a certificate of compli-
ance with the criteria described in 
subparagraph (A) issued by the ves-
sel’s country of registration in ac-
cordance with regulations issued by 
the Secretary. 
‘‘(3) COPY OF PLAN ON BOARD VESSEL.— 
The owner or operator of a vessel to 
which this section applies shall— 
‘‘(A) maintain a copy of the ves-
sel’s ballast water management plan 
on board at all times; and 
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306 
‘‘(B) keep the plan readily avail-
able for examination by the Secretary 
and the head of the appropriate agen-
cy of the State in which the vessel is 
located at all reasonable times. 
‘‘(d) 
VESSEL
BALLAST
WATER
RECORD 
BOOK.— 
‘‘(1) IN GENERAL.—The owner or oper-
ator of a vessel to which this section ap-
plies shall maintain, in English on board 
the vessel, a ballast water record book in 
which each operation of the vessel in-
volving ballast water or sediment dis-
charge is recorded in accordance with 
regulations issued by the Secretary. 
‘‘(2) AVAILABILITY.—The ballast water 
record book— 
‘‘(A) shall be kept readily avail-
able for examination by the Secretary 
and the head of the appropriate agen-
cy of the State in which the vessel is 
located at all reasonable times; and 
‘‘(B) notwithstanding paragraph 
(1), may be kept on the towing vessel 
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307 
in the case of an unmanned vessel 
under tow. 
‘‘(3) RETENTION
PERIOD.—The ballast 
water record book shall be retained— 
‘‘(A) on board the vessel for a pe-
riod of 3 years after the date on 
which the last entry in the book is 
made; and 
‘‘(B) under the control of the ves-
sel’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 regarding the ballast 
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308 
operations of the vessel as the Sec-
retary may require. 
‘‘(5) ALTERNATIVE
MEANS
OF
RECORD-
KEEPING.—The Secretary may provide, by 
regulation, for alternative methods of 
recordkeeping, including electronic rec-
ordkeeping, 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 stand-
ards of the National Institute of Stand-
ards and Technology and the Office of 
Management and Budget governing reli-
ability, integrity, identity authentication, 
and nonrepudiation of stored electronic 
data. 
‘‘(e) BALLAST WATER EXCHANGE REQUIRE-
MENTS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REQUIREMENT.—Until a vessel 
is required to conduct ballast water 
treatment in accordance with sub-
section (f), the operator of a vessel to 
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309 
which this section applies may not 
discharge ballast water in waters sub-
ject to the jurisdiction of the United 
States, except after— 
‘‘(i) conducting ballast water 
exchange as required by this sub-
section, in accordance with regu-
lations issued by the Secretary; 
‘‘(ii) using ballast water treat-
ment technology that meets the 
performance standards of sub-
section (f); or 
‘‘(iii) using environmentally 
sound alternative ballast water 
treatment technology if the Sec-
retary determines that such treat-
ment technology is at least as ef-
fective as the ballast water ex-
change required by clause (i) in 
preventing and controlling the in-
troduction of aquatic nuisance 
species. 
‘‘(B) TECHNOLOGY
EFFICACY.—For 
purposes of this paragraph, a ballast 
water treatment technology shall be 
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310 
considered to be at least as effective 
as the ballast water exchange re-
quired by clause (i) in preventing and 
controlling 
the 
introduction 
of 
aquatice nuisance species if prelimi-
nary experiments prior to installation 
of the technology aboard the vessel 
demonstrate that the technology re-
moved 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 develop 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 environ-
mentally-sound 
alternative 
ballast 
treatment technology under para-
graph (1)(A)(iii) to continue to use 
that technology for 5 years after the 
date on which the environmentally- 
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sound alternative ballast water treat-
ment technology was first placed in 
service on the vessel or the date on 
which treatment requirements under 
subsection 
(f) 
become 
applicable, 
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 jurisdiction of 
the United States shall conduct bal-
last 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 me-
ters in depth. 
‘‘(B) COASTAL VOYAGES.—The oper-
ator of a vessel originating from a 
port or place within the United States 
exclusive economic zone, or from a 
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port within 200 nautical miles of the 
United States in Canada, Mexico, or 
other ports designated by the Sec-
retary for purposes of this section, 
shall 
conduct 
ballast 
water 
ex-
change— 
‘‘(i) at least 50 nautical miles 
from the nearest point of land; 
and 
‘‘(ii) in water at least 200 me-
ters in depth. 
‘‘(4) SAFETY OR STABILITY EXCEPTION.— 
‘‘(A) 
SECRETARIAL
DETERMINA-
TION.—Paragraph (3) does not apply 
to the discharge of ballast water if 
the Secretary determines that compli-
ance 
with 
that 
paragraph 
would 
threaten the safety or stability of the 
vessel, its crew, or is passengers. 
‘‘(B) MASTER OF THE VESSEL DETER-
MINATION.—Paragraph (3) does not 
apply to the discharge of ballast 
water if the master of a vessel deter-
mines that compliance with that 
paragraph would threaten the safety 
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