110 STAT. 4084 PUBLIC LAW 104-332—OCT. 26, 1996 "(1) may be retrofitted— "(A) on existing vessels or incorporated in new vessel designs; and "(B) on existing land-based ballast water 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. "(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 1301(e), the Secretary of the Interior and the Secretary of Commerce, with the concurrence of and in cooperation with the Secretary, shall conduct a ballast water management demonstration program to demonstrate technologies and practices to prevent aquatic nonindigenous species from being introduced into and spread through ballast water in the Great Lakes and other waters of the United States. "(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 of the Interior and the Secretary of Commerce, shall— "(A) use only vessels that— "(i) are approved by the Secretary; "(ii) have ballast water 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 of title 46, United States Code; "(ii) second, to vessels that are a majority owned by citizens of the United States, as determined by the Secretary; 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; and "(ii) are operated along major coasts of the United States and inland waterways, including the San Francisco Bay and Chesapeake Bay.
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