46 U.S.C. § 13107 — Authorization of appropriations
submitted 43 years ago by Pub. L. 98-89 to r/title-46-SHIPPING · 584 words · no verdicts yet
The Secretary must spend a set amount each year on state recreational boating safety programs, tied to money transferred under the Sport Fish Restoration Act. The law sets guidelines for what that money can pay for, plus limits on related Coast Guard spending. Each year, the Secretary must publish a detailed accounting of projects, programs, and activities funded under the subsection covering that Coast Guard spending in the Federal Register.
(a) Each fiscal year, subject to subsection (c), the Secretary must spend on state* recreational boating safety programs an amount equal to what gets transferred to the Secretary under sections 4(a)(2) and 4(f) of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. § 777c(a)(2) and (f)). That money is divided among states the way section 13104 says, and used for state programs the way subsection (b)'s guidelines say. Money authorized for these programs stays available until it is spent, and only counts as "spent" once the full amount authorized for that year and all earlier years has actually been obligated. If money that was obligated later gets released — say, because a final payment or a program change frees it up — it goes back into the pool of unobligated money and becomes available again right away.
(b) The Secretary must write guidelines saying what state boating safety money can be used for. Those uses must include: (1) buying, running, maintaining, and repairing facilities, equipment, and supplies for boating safety education and law enforcement; (2) training people in boating safety and boating law enforcement skills; (3) public boating safety education, including programs and lectures for boaters and schools; (4) buying, building, or repairing public access sites used mainly by recreational boaters; (5) boating safety inspections and marine casualty investigations; (6) establishing and maintaining emergency or search-and-rescue facilities, and providing emergency or search-and-rescue assistance; (7) setting up and maintaining waterway markers and other navigation aids; and (8) state programs for numbering and titling recreational boats.
(c)(1)(A) The Secretary may also use money made available each year under section 4(b)(2) of the Dingell-Johnson Act to pay Coast Guard costs — investigations, staff, and activities — for either (i) running state boating safety programs under this chapter, or (ii) coordinating or carrying out the national recreational boating safety program.
(B) Of that money used each year: (i) at least $2,100,000 must be available to ensure compliance with chapter 43 of this title; and (ii) no more than $1,500,000 may go toward a survey, done by grant or contract, of how much people participate in recreational boating and related matters nationwide.
(2) Starting October 1, 2024, none of this subsection's money may replace money that would otherwise come from general appropriations, and it cannot be used for anything except what this section authorizes.
(3) Money made available under this subsection stays available for the next 2 fiscal years after the year it is provided. Any part still unspent or unobligated at the end of that 3-year window must be taken back by the Secretary and given to the states, on top of whatever else is available that year or the next.
(4) Each year the Secretary must publish in the Federal Register a detailed account of the projects, programs, and activities this subsection's money paid for.
Subject to subsection (c), the Secretary shall expend in each fiscal year for State* recreational boating safety programs, under contracts with States under this chapter, an amount equal to the amount transferred to the Secretary under subsections (a)(2) and (f) of section 4 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c(a)(2) and (f)). The amount shall be allocated as provided under section 13104 of this title and shall be available for State recreational boating safety programs as provided under the guidelines established under subsection (b) of this section. Amounts authorized to be expended for State recreational boating safety programs shall remain available until expended and are deemed to have been expended only if an amount equal to the total amounts authorized to be expended under this section for the fiscal year in question and all prior fiscal years have been obligated. Amounts previously obligated but released by payment of a final voucher or modification of a program acceptance shall be credited to the balance of unobligated amounts and are immediately available for expenditure.
The Secretary shall establish guidelines prescribing the purposes for which amounts available under this chapter for State recreational boating safety programs may be used. Those purposes shall include—
providing facilities, equipment, and supplies for boating safety education and law enforcement, including purchase, operation, maintenance, and repair;
training personnel in skills related to boating safety and to the enforcement of boating safety laws and regulations;
providing public boating safety education, including educational programs and lectures, to the boating community and the public school system;
acquiring, constructing, or repairing public access sites used primarily by recreational boaters;
conducting boating safety inspections and marine casualty investigations;
establishing and maintaining emergency or search and rescue facilities, and providing emergency or search and rescue assistance;
establishing and maintaining waterway markers and other appropriate aids to navigation; and
providing State recreational vessel* numbering and titling programs.
The Secretary may use amounts made available each fiscal year under section 4(b)(2) of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c(b)(2)) for payment of expenses of the Coast Guard for investigations, personnel, and activities directly related to—
administering State recreational boating safety programs under this chapter; or
coordinating or carrying out the national recreational boating safety program under this title.
Of the amounts used by the Secretary each fiscal year under subparagraph (A)—
not less than $2,100,000 is available to ensure compliance with chapter 43 of this title; and
not more than $1,500,000 is available to conduct by grant or contract a survey of levels of recreational boating participation and related matters in the United States.
On or after October 1, 2024, no funds available to the Secretary under this subsection may be used to replace funding provided through general appropriations, nor for any purposes except those purposes authorized by this section.
Amounts made available by this subsection shall remain available during the 2 succeeding fiscal years. Any amount that is unexpended or unobligated at the end of the 3-year period during which it is available shall be withdrawn by the Secretary and allocated to the States in addition to any other amounts available for allocation in the fiscal year in which they are withdrawn or the following fiscal year.
The Secretary shall publish annually in the Federal Register a detailed accounting of the projects, programs, and activities funded under this subsection.
Source credit: (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 596, § 13106; Pub. L. 98–369, div. A, title X, § 1012, July 18, 1984, 98 Stat. 1013; Pub. L. 99–626, § 4(c), Nov. 7, 1986, 100 Stat. 3505; Pub. L. 99–640, § 7(b), (c), Nov. 10, 1986, 100 Stat. 3548; Pub. L. 100–448, § 6(b)(1)(A), (2), (6), Sept. 28, 1988, 102 Stat. 1839, 1840; Pub. L. 105–178, title VII, § 7405(b), (c)(1), June 9, 1998, 112 Stat. 487, 488; Pub. L. 108–88, § 9(c), Sept. 30, 2003, 117 Stat. 1126; Pub. L. 108–202, § 7(c), Feb. 29, 2004, 118 Stat. 484; Pub. L. 108–224, § 6(c), Apr. 30, 2004, 118 Stat. 632; Pub. L. 108–263, § 6(c), June 30, 2004, 118 Stat. 704; Pub. L. 108–280, § 6(c), July 30, 2004, 118 Stat. 882; Pub. L. 108–310, § 9(c), Sept. 30, 2004, 118 Stat. 1159; Pub. L. 109–14, § 8(c), May 31, 2005, 119 Stat. 335; Pub. L. 109–20, § 8(c), July 1, 2005, 119 Stat. 357; Pub. L. 109–35, § 8(c), July 20, 2005, 119 Stat. 390; Pub. L. 109–37, § 8(c), July 22, 2005, 119 Stat. 405; Pub. L. 109–40, § 8(c), July 28, 2005, 119 Stat. 421; Pub. L. 109–59, title X, § 10143, Aug. 10, 2005, 119 Stat. 1931; Pub. L. 109–74, title I, § 102, title II, § 203, Sept. 29, 2005, 119 Stat. 2030, 2032; renumbered § 13107 and amended Pub. L. 109–304, § 16(b)(1), (c)(5), Oct. 6, 2006, 120 Stat. 1705, 1706; Pub. L. 114–94, div. A, title X, § 10002, Dec. 4, 2015, 129 Stat. 1621; Pub. L. 115–232, div. C, title XXXV, § 3546(k), Aug. 13, 2018, 132 Stat. 2327; Pub. L. 117–58, div. B, title VIII, § 28001(a)(4), Nov. 15, 2021, 135 Stat. 887.)
- 1983Enacted · Pub. L. 98-89 · 97 Stat. 596
- 1984Amended · Pub. L. 98-369 · 98 Stat. 1013
- 1986Amended · Pub. L. 99-626 · 100 Stat. 3505
- 1986Amended · Pub. L. 99-640 · 100 Stat. 3548
- 1988Amended · Pub. L. 100-448 · 102 Stat. 1839, 1840
- 1998Amended · Pub. L. 105-178 · 112 Stat. 487, 488
- 2003Amended · Pub. L. 108-88 · 117 Stat. 1126
- 2004Amended · Pub. L. 108-202 · 118 Stat. 484
- 2004Amended · Pub. L. 108-224 · 118 Stat. 632
- 2004Amended · Pub. L. 108-263 · 118 Stat. 704
- 2004Amended · Pub. L. 108-280 · 118 Stat. 882
- 2004Amended · Pub. L. 108-310 · 118 Stat. 1159
- 2005Amended · Pub. L. 109-14 · 119 Stat. 335
- 2005Amended · Pub. L. 109-20 · 119 Stat. 357
- 2005Amended · Pub. L. 109-35 · 119 Stat. 390
- 2005Amended · Pub. L. 109-37 · 119 Stat. 405
- 2005Amended · Pub. L. 109-40 · 119 Stat. 421
- 2005Amended · Pub. L. 109-59 · 119 Stat. 1931
- 2005Amended · Pub. L. 109-74 · 119 Stat. 2030, 2032
- 2006Amended · Pub. L. 109-304 · 120 Stat. 1705, 1706
- 2015Amended · Pub. L. 114-94 · 129 Stat. 1621
- 2018Amended · Pub. L. 115-232 · 132 Stat. 2327
- 2021Amended · Pub. L. 117-58 · 135 Stat. 887
A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-89 on 1983-08-26.
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