---
kind: "section"
citation: "16 U.S.C. § 4714"
title: "16"
title_heading: "Conservation"
number: "4714"
heading: "Ballast water management demonstration program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/4714"
units:
  - "Chapter 67 — Aquatic Nuisance Prevention and Control"
  - "Subchapter II — Prevention of Un­intentional Introductions of Nonindigenous Aquatic Species"
---

# §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](/usc/16/4702.md?p=3) 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](/usc/16/4702.md?p=1).
- (b) **Demonstration program—**
  - (1) **In general—** During the 18-month period beginning on the date that funds are made available by appropriations pursuant to [section 4741(e) of this title](/usc/16/4741.md?p=e), the [Secretary](/usc/16/4702.md?p=12) of the Interior and the [Secretary](/usc/16/4702.md?p=12) of Commerce, with the concurrence of and in cooperation with the [Secretary](/usc/16/4702.md?p=12), shall conduct a [ballast water](/usc/16/4702.md?p=3) management demonstration program to demonstrate technologies and practices to prevent aquatic [nonindigenous species](/usc/16/4702.md?p=11) from being introduced into and spread through [ballast water](/usc/16/4702.md?p=3) in the [Great Lakes](/usc/16/4702.md?p=7) and other [waters of the United States](/usc/16/4702.md?p=18).
  - (2) **Location—** The installation and construction of the technologies and practices used in the demonstration program conducted under this subsection shall be performed in the United States.
  - (3) **Vessel selection—** In demonstrating technologies and practices on vessels under this subsection, the [Secretary](/usc/16/4702.md?p=12) of the Interior and the [Secretary](/usc/16/4702.md?p=12) of Commerce, shall—
    - (A) use only vessels that—
      - (i) are approved by the [Secretary](/usc/16/4702.md?p=12);
      - (ii) have [ballast water](/usc/16/4702.md?p=3) 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](/usc/46/chstII/ptH/ch121.md) of title 46;
      - (ii) second, to vessels that are a majority owned by citizens of the United States, as determined by the [Secretary](/usc/16/4702.md?p=12); 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](/usc/16/4702.md?p=7); 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—** In selecting technologies and practices for demonstration under this subsection, the [Secretary](/usc/16/4702.md?p=12) of the Interior and the [Secretary](/usc/16/4702.md?p=12) of Commerce shall give priority consideration to technologies and practices identified as promising by the National Research Council Marine Board of the National Academy of Sciences in its report on ships’ [ballast water](/usc/16/4702.md?p=3) operations issued in July 1996.
  - (5) **Report—** Not later than 3 years after October 26, 1996, the [Secretary](/usc/16/4702.md?p=12) of the Interior and the [Secretary](/usc/16/4702.md?p=12) of Commerce shall prepare and submit a report to the Congress on the demonstration program conducted pursuant to this section. The report shall include findings and recommendations of the [Secretary](/usc/16/4702.md?p=12) of the Interior and the [Secretary](/usc/16/4702.md?p=12) of Commerce concerning technologies and practices.
- (c) **Authorities; consultation and cooperation with International Maritime Organization and Task Force—**
  - (1) **Authorities—** In conducting the demonstration program under [subsection (b)](#b), the [Secretary](/usc/16/4702.md?p=12) of the Interior may—
    - (A) enter into cooperative agreements with appropriate officials of other agencies of the Federal Government, agencies of [States](/usc/16/544.md?p=r) and political [subdivisions](/usc/16/539m–1.md?p=15) 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—** The [Secretary](/usc/16/4702.md?p=12) of the Interior shall consult and cooperate with the International Maritime Organization and the [Task Force](/usc/16/4702.md?p=15) in carrying out this section.

## Source credit

(Pub. L. 101–646, title I, § 1104, as added Pub. L. 104–332, § 2(d), Oct. 26, 1996, 110 Stat. 4083.)