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[Senate Report 112-141]
[From the U.S. Government Publishing Office]

112th Congress                                                   Report
                                 SENATE
 2d Session                                                     112-141
_______________________________________________________________________

                                     

                                                       Calendar No. 307

 
   SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY ACT OF 2011

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1657

                                     

                January 30, 2012.--Ordered to be printed
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                      one hundred twelfth congress
                             second session

            JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii             KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts         OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California            JIM DeMINT, South Carolina
BILL NELSON, Florida                 JOHN THUNE, South Dakota
MARIA CANTWELL, Washington           ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey      JOHNNY ISAKSON, Georgia
MARK PRYOR, Arkansas                 ROY BLUNT, Missouri
CLAIRE McCASKILL, Missouri           JOHN BOOZMAN, Arkansas
AMY KLOBUCHAR, Minnesota             PATRICK J. TOOMEY, Pennsylvania
TOM UDALL, New Mexico                MARCO RUBIO, Florida
MARK WARNER, Virginia                KELLY AYOTTE, New Hampshire
MARK BEGICH, Alaska                  DEAN HELLER, Nevada

                     Ellen Doneski, Staff Director
                   James Reid, Deputy Staff Director
                Todd Bertoson, Republican Staff Director
           Jarrod Thompson, Republican Deputy Staff Director
               Rebecca Seidel, Republican General Counsel

                                                       Calendar No. 307
112th Congress                                                   Report
                                 SENATE
 2d Session                                                     112-141

======================================================================

   SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY ACT OF 2011

                                _______
                                

                January 30, 2012.--Ordered to be printed

                                _______
                                

     Mr. Rockefeller, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                                 REPORT

                         [To accompany S. 1657]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1657) to amend the provisions 
of law relating to sport fish restoration and recreational 
boating safety, and for other purposes, having considered the 
same, reports favorably thereon without amendment and 
recommends that the bill do pass.

                          Purpose of the Bill

  S. 1657 would reauthorize the Sport Fish Restoration and 
Boating Trust Fund and its various uses through the end of 
fiscal year (FY) 2017.

                          Background and Needs

  Recreational fishing and boating provide substantial economic 
opportunities and benefits to the Nation. According to the 
National Marine Fisheries Service, in 2006 marine recreational 
anglers spent $31 billion, with an estimated $82 billion impact 
on the U.S. economy.\1\ The Coast Guard reports that in 2010 
there were 12,438,926 recreational vessels registered in the 
United States.\2\ According to the National Marine 
Manufacturers Association, which represents nearly 1,300 boat 
builders and other marine manufacturers responsible for 
producing in excess of 80 percent of the recreational marine 
products made in the United States, in 2010 the recreational 
marine industry contributed $30.4 billion in new retail sales 
and services to the economy.\3\
---------------------------------------------------------------------------
    \1\National Oceanic and Atmospheric Administration, National Marine 
Fisheries Service, The Economic Contribution of Marine Angler 
Expenditures in the United States, 2006, available at http://
www.st.nmfs.noaa.gov/st5/publication/marine_angler.html.
    \2\United States Coast Guard, Recreational Boating Statistics 2010 
at 5.
    \3\Correspondence from the National Marine Manufacturers 
Association dated September 6, 2011, on file with majority committee 
counsel.
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  The Sport Fish Restoration and Boating Trust Fund (Trust 
Fund) is the mainstay of funding for State and Federal sport 
fish conservation and recreational boating safety efforts in 
support of the U.S. angling and boating community. Types of 
programs supported by the fund include those dealing with 
coastal wetlands conservation and restoration, recreational 
vessel sewage disposal, interstate fishery commissions, 
multistate conservation grants, and fish restoration projects. 
Funds go to State projects designed to enhance sport fish 
conservation in the States and to assist States in establishing 
and maintaining recreational boating safety programs.
  The Trust Fund receives income from the following five 
sources: (1) motorboat fuel taxes; (2) annual tax receipts from 
small engine fuel used for outdoor power equipment; (3) a 
manufacturers' excise tax on sport fishing equipment; (4) 
import duties on fishing tackle and on yachts and 
pleasurecrafts; and (5) interest on funds invested prior to 
disbursal. In FY 2009, the Trust Fund received a total of $667 
million from these five sources.
  All moneys received in a given FY are apportioned to the 
States in the following FY. The Trust Fund distributes money to 
eight programs based on a statutory formula division of 
appropriations, as follows:

           18.5 percent to coastal wetlands programs 
        under the Coastal Wetlands Planning, Protection, and 
        Restoration Act (16 U.S.C. 3951 et seq.), of which 70 
        percent is provided for the Corps of Engineers 
        Louisiana Coastal Wetlands Restoration Program, 15 
        percent is provided to the National Coastal Wetlands 
        Conservation Grants Program, and 15 percent is provided 
        for the North American Wetlands Conservation Fund;

           18.5 percent to the U.S. Coast Guard's 
        Office of Boating Safety to provide grants to States 
        and nonprofit organizations for the development and 
        implementation of a coordinated national recreational 
        boating safety program;

           2 percent to a competitive grant program for 
        States to construct pump-out and dump stations to 
        dispose of vessel sewage from recreational boaters 
        authorized by the Clean Vessel Act of 1992 (33 U.S.C. 
        1322 note);

           2 percent to a competitive grant program 
        that provides matching funds to States to install or 
        upgrade docking facilities for transient recreational 
        boats authorized in section 7404(d) of the 
        Transportation Equity Act for the 21st Century (16 
        U.S.C. 777g-1);

           2 percent to the Recreational Boating and 
        Fishing Foundation, a tax-exempt corporation 
        established in 1998 to carry out a National Outreach 
        and Communications Program which provides grants to 
        increase participation in recreational boating and 
        fishing and to encourage greater public involvement in 
        aquatic stewardship as mandated in the Sportfishing and 
        Boating Safety Act of 1998 (112 Stat. 482);

           the Secretary of the Interior receives as 
        much as $3 million annually (16 U.S.C. 777m(a)) for the 
        Multi-State Conservation Grant Program authorized by 
        the Wildlife and Sport Fish Restoration Program 
        Improvement Act of 2000 (114 Stat. 1763);

           $200,000 annually goes to four Interstate 
        Fishery Commissions and $400,000 annually to the Sport 
        Fishing and Boating Partnership Council (16 U.S.C. 
        777m(e)); and

           the residuum of Fund receipts goes to the 
        U.S. Fish and Wildlife Service Sport Fish Restoration 
        Program (16 U.S.C. 777 et seq.) for apportionment to 
        the States.

                         Summary of Provisions

  S. 1657, the Sport Fish Restoration and Recreational Boating 
Safety Act of 2011, would reauthorize the Trust Fund and 
provide for maximum amounts that can be spent on administration 
of Trust Fund programs.

                          Legislative History

  S. 1657, the Sport Fish Restoration and Recreational Boating 
Safety Act of 2011, was introduced by Senator Rockefeller on 
October 5, 2011, and was referred to the Committee on Commerce, 
Science, and Transportation. On November 2, 2011, the Committee 
met in open Executive Session and, by a voice vote, ordered S. 
1657 reported without amendment.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:
                                                  January 12, 2012.
Hon. John D. Rockefeller IV,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1657, the Sport Fish 
Restoration and Recreational Boating Safety Act of 2011.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Martin von 
Gnechten.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 1657--Sport Fish Restoration and Recreational Boating Safety Act of 
        2011

    S. 1657 would reauthorize and modify the current formula 
used to distribute funds from the Sport Fish Restoration and 
Boating Trust Fund (SFRBTF) through 2017. The legislation would 
adjust the allocation of amounts from the SFRBTF to programs 
related to sport fish restoration, boating safety, and coastal 
wetlands restoration under the Federal Aid Sport Fish 
Restoration Act but would not affect the overall amounts spent 
from the fund. CBO estimates that enacting S. 1657 could affect 
direct spending; therefore, pay-as-you-go procedures apply. 
However, CBO estimates that any change in direct spending would 
be insignificant for each year. Enacting the bill would not 
affect revenues.
    Grants for coastal wetland projects, sport fish 
restoration, and boating safety are financed by excise taxes 
and other collections deposited into the SFRBTF. Each program 
receives direct spending authority equal to a specified 
allocation of the fund's income. The bill would change how 
those amounts are allocated from the trust fund after 2012. 
That change could have a minor effect on the rate of spending; 
however, the legislation would not change the amount available 
to be spent from the fund.
    CBO has reviewed the nontax provisions of S. 1657 and 
determined that they contain no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act 
and would impose no costs on state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Martin von 
Gnechten. The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  S. 1657 as reported does not create any new programs or 
impose any new regulatory requirements, and is therefore 
expected to have no impact in terms number of individuals and 
businesses regulated.

                            ECONOMIC IMPACT

  The legislation is not expected to have any significant 
adverse impacts on the Nation's economy. To the contrary, if 
the current statutory authority for the Trust Fund is allowed 
to expire due to failure to enact S. 1657 or similar 
reauthorization legislation, the loss of funding to the States 
for boating safety programs, boater education programs, and 
fish and habitat restoration programs would be expected to have 
significant negative economic consequences.

                                PRIVACY

  The bill would not impact the personal privacy of 
individuals.

                               PAPERWORK

  S. 1657 would have no impact on paperwork requirements for 
individuals or businesses.

                   Congressionally Directed Spending

  In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis

Section 1. Short title

  This section would provide that this Act may be cited as the 
``Sport Fish Restoration and Recreational Boating Safety Act of 
2011''.

Section 2. Amendment of Federal Aid in Fish Restoration Act

  This section would clarify that, unless stated otherwise, 
references in S. 1657 are to the Federal Aid in Fish 
Restoration Act (16 U.S.C. 777 et seq.).

Section 3. Division of annual appropriations

  This section would amend section 4 of the Federal Aid in Fish 
Restoration Act (16 U.S.C. 777c) to: authorize appropriations 
through FY 2017; increase the amounts authorized for 
administrative costs; authorize funding to the department in 
which the Coast Guard is operating for administration of 
boating safety programs; provide a formula for maximum amounts 
that the Secretary of Interior can use to administer Trust Fund 
programs; and make two technical changes.

Section 4. Extension of exception to limitation on transfers to fund

  This section would amend section 9504(d)(2) of the Internal 
Revenue Code of 1986 to extend until March 5, 2017, the 
exception that allows transfer to the fund of expenditures to 
liquidate obligations entered into prior to that date.

Section 5. Recreational boating safety

  This section would amend section 13107 of title 46, United 
States Code, to decrease the authorization levels that may be 
used for investigations, personnel, and administration of 
boating safety programs. This section would increase the amount 
available to the Coast Guard for carrying out the purposes of 
the recreational boating safety program.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

                  FEDERAL AID IN FISH RESTORATION ACT

                        [16 U.S.C. 777 et seq.]

SEC. 4. DIVISION OF ANNUAL APPROPRIATIONS.

                            [16 U.S.C. 777c]

  (a) In General.--For each [of fiscal years 2006 through 2011] 
fiscal year through 2017, and for the period beginning on 
October 1, 2011, and ending on March 31, 2012, the balance of 
each annual appropriation made in accordance with the 
provisions of section 3 remaining after the distributions for 
administrative expenses and other purposes under subsection (b) 
and for multistate conservation grants under section 14 shall 
be distributed as follows:
          (1) Coastal wetlands.--An amount equal to 18.5 
        percent to the Secretary of the Interior for 
        distribution as provided in the Coastal Wetlands 
        Planning, Protection[,] and Restoration Act (16 U.S.C. 
        3951 et seq.).
          (2) Boating safety.--An amount equal to 18.5 percent 
        to the Secretary of the department in which the Coast 
        Guard is operating for State recreational boating 
        safety programs under section 13107 of title 46, United 
        States Code.
          (3) Clean vessel act.--An amount equal to 2.0 percent 
        to the Secretary of the Interior for qualified projects 
        under section 5604(c) of the Clean Vessel Act of 1992 
        (33 U.S.C. 1322 note).
          (4) Boating infrastructure.--An amount equal to 2.0 
        percent to the Secretary of the Interior for obligation 
        for qualified projects under section 7404(d) of the 
        Sportfishing and Boating Safety Act of 1998 (16 U.S.C. 
        777g-1(d)).
          (5) National outreach and communications.--An amount 
        equal to 2.0 percent to the Secretary of the Interior 
        for the National Outreach and Communications Program 
        under section 8(d) of this Act. Such amounts shall 
        remain available for 3 fiscal years, after which any 
        portion thereof that is unobligated by the Secretary 
        for that program may be expended by the Secretary under 
        subsection (c) of this section.
  (b) Set-Aside for Expenses for Administration of the Dingell-
Johnson Sport Fish Restoration Act.--
          (1) In general.--
                  (A) Set-aside for administration.--From the 
                annual appropriation made in accordance with 
                section 3, for each [of fiscal years 2006 
                through 2011] fiscal year through 2017 and for 
                the period beginning on October 1, 2011, and 
                ending on March 31, 2012, the Secretary of the 
                Interior may use no more than the amount 
                specified in subparagraph (B) for the fiscal 
                year for expenses for administration incurred 
                in the implementation of this Act, in 
                accordance with this section and section 9. The 
                amount specified in subparagraph (B) for a 
                fiscal year may not be included in the amount 
                of the annual appropriation distributed under 
                subsection (a) for the fiscal year.
                  (B) Available amounts.--The available amount 
                referred to in subparagraph (A) is--
                          (i) for [each of fiscal years 2001 
                        and 2002, $9,000,000;] fiscal year 
                        2012, $11,481,000;
                          (ii) for fiscal year [2003, 
                        $8,212,000;] 2013, $11,870,000; and
                          (iii) for fiscal year [2004] 2014 and 
                        each fiscal year thereafter, the sum 
                        of--
                                  (I) the available amount for 
                                the preceding fiscal year; and
                                  (II) the amount determined by 
                                multiplying--
                                          (aa) the available 
                                        amount for the 
                                        preceding fiscal year; 
                                        and
                                          (bb) the change, 
                                        relative to the 
                                        preceding fiscal year, 
                                        in the Consumer Price 
                                        Index for All Urban 
                                        Consumers published by 
                                        the Department of 
                                        Labor.
                  (C) Set-aside for boating safety.--
                          (i) From the annual appropriation 
                        made in accordance with section 3, for 
                        each fiscal year through 2017, the 
                        Secretary shall transfer to the 
                        Secretary of the department in which 
                        the Coast Guard is operating--
                                  (I) $6,500,000 for the 
                                purposes set forth in section 
                                13107(c) of title 46, United 
                                States Code;
                                  (II) $200,000 to fund the 
                                National Boating Safety 
                                Advisory Council established 
                                under section 13110 of Title 
                                46, United States Code; and
                                  (III) not less than 
                                $6,000,000 for national boating 
                                safety activities of national 
                                nonprofit public service 
                                organizations, and such sums 
                                made available for allocation 
                                and distribution shall remain 
                                available until expended.
                          (ii) The amounts specified in clause 
                        (i) for a fiscal year may not be 
                        included in the amount of the annual 
                        appropriation distributed under 
                        subsection (a) for the fiscal year.
          (2) Period of availability; apportionment of 
        unobligated amounts.--
                  (A) Period of availability.--For each fiscal 
                year, the available amount under paragraph (1) 
                shall remain available for obligation for use 
                under that paragraph until the end of the 
                fiscal year.
                  (B) Apportionment of unobligated amounts.--
                Not later than 60 days after the end of a 
                fiscal year, the Secretary of the Interior 
                shall apportion among the States any of the 
                available amount under paragraph (1) that 
                remains unobligated at the end of the fiscal 
                year, on the same basis and in the same manner 
                as other amounts made available under this Act 
                are apportioned among the States under 
                [subsection (e)] subsection (c) for the fiscal 
                year.
  (c) Apportionment Among States.--The Secretary after the 
distribution, transfer, use and deduction under subsection (b), 
and after deducting amounts used for grants under section 14 of 
this title, shall apportion 57 percent of the balance of each 
such annual appropriation among the several States in the 
following manner: 40 percent in the ratio which the area of 
each State including coastal and Great Lakes waters (as 
determined by the Secretary of the Interior) bears to the total 
area of all the States, and 60 percent in the ratio which the 
number of persons holding paid licenses to fish for sport or 
recreation in the State in the second fiscal year preceding the 
fiscal year for which such apportionment is made, as certified 
to said Secretary by the State fish and game departments, bears 
to the number of such persons in all the States. Such 
apportionments shall be adjusted equitably so that no State 
shall receive less than 1 percent nor more than 5 percent of 
the total amount apportioned. Where the apportionment to any 
State under this section is less than $4,500 annually, the 
Secretary of the Interior may allocate not more than $4,500 of 
said appropriation to said State to carry out the purposes of 
this Act when said State certifies to the Secretary of the 
Interior that it has set aside not less than $1,500 from its 
fish-and-game funds or has made, through its legislature, an 
appropriation in this amount for said purposes.
  (d) Unallocated Funds.--So much of any sum not allocated 
under the provisions of this section for any fiscal year is 
hereby authorized to be made available for expenditure to carry 
out the purposes of this Act until the close of the succeeding 
fiscal year. The term fiscal year as used in this section shall 
be a period of twelve consecutive months from October 1 through 
the succeeding September 30, except that the period for 
enumeration of persons holding licenses to fish shall be a 
State's fiscal or license year.
  (e) Expenses for Administration of Certain Programs.--
          (1) In general.--For each fiscal year, of the amounts 
        appropriated under section 3, the Secretary of the 
        Interior shall use only funds authorized for use under 
        paragraphs (1), (3), (4), and (5) of subsection (a) to 
        pay the expenses for administration incurred in 
        carrying out the provisions of law referred to in 
        [those subsections] those paragraphs, respectively.
          [(2) Maximum amount.--For each fiscal year, the 
        Secretary of the Interior may use not more than 
        $900,000 in accordance with paragraph (1).]
          (2) Maximum amount.--For fiscal year 2012, the 
        Secretary of the Interior may use not more than 
        $1,200,000 in accordance with paragraph (1). For each 
        fiscal year thereafter, the maximum amount that the 
        Secretary of the Interior may use in accordance with 
        paragraph (1) shall be determined pursuant to paragraph 
        (3).
          (3) Annual adjusted maximum amount.--The maximum 
        amount referred to in paragraph 2 for fiscal year 2013 
        and each fiscal year thereafter shall be the sum of--
                  (A) the available maximum amount for the 
                preceding fiscal year; and
                  (B) the amount determined by multiplying--
                          (i) the available maximum amount for 
                        the preceding fiscal year; and
                          (ii) the change, relative to the 
                        preceding fiscal year, in the Consumer 
                        Price Index for All Urban Consumers 
                        published by the Department of Labor.
  (f) Transfer of Certain Funds.--Amounts available under 
paragraphs (3) and (4) of subsection (a) that are unobligated 
by the Secretary of the Interior after 3 fiscal years shall be 
transferred to the Secretary of the department in which the 
Coast Guard is operating and shall be expended for State 
recreational boating safety programs under section 13107(a) of 
title 46, United States Code.

                    TITLE 26. INTERNAL REVENUE CODE

                      SUBTITLE I. TRUST FUND CODE

                      CHAPTER 98. TRUST FUND CODE

               SUBCHAPTER A. ESTABLISHMENT OF TRUST FUNDS

9504. Sport Fish Restoration and Boating Trust Fund

           *       *       *       *       *       *       *

  (d) Limitation on Transfers to Trust Fund.--
          (1) In general.--Except as provided in paragraph (2), 
        no amount may be appropriated or paid to the Sport Fish 
        Restoration and Boating Trust Fund on and after the 
        date of any expenditure from such Trust Fund which is 
        not permitted by this section. The determination of 
        whether an expenditure is so permitted shall be made 
        without regard to--
                  (A) any provision of law which is not 
                contained or referenced in this title or in a 
                revenue Act, and
                  (B) whether such provision of law is a 
                subsequently enacted provision or directly or 
                indirectly seeks to waive the application of 
                this subsection.
          (2) Exception for prior obligations.--Paragraph (1) 
        shall not apply to any expenditure to liquidate any 
        contract entered into (or for any amount otherwise 
        obligated) before April 1, [2012,] 2017, in accordance 
        with the provisions of this section.\1\
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    \1\Section 141 of subtitle D of the Surface and Air Transportation 
Programs Extension Act of 2011 (125 Stat. 355) (which was enacted on 
September 16, 2011) strikes ``October 1, 2011'' and inserts ``April 1, 
2012.''

           *       *       *       *       *       *       *

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                           TITLE 46. SHIPPING

                    SUBTITLE II. VESSELS AND SEAMEN

                 PART I. STATE BOATING SAFETY PROGRAMS

                CHAPTER 131. RECREATIONAL BOATING SAFETY

13107. Authorization of appropriations

  (a)(1) Subject to paragraph (2) and 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 sum of (A) 
the amount made available from the Boat Safety Account for that 
fiscal year under under section 15 of the Dingell-Johnson Sport 
Fish Restoration Act and (B) 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.
  (2) The Secretary shall use not more than [two] 1.5 percent 
of the amount available each fiscal year for State recreational 
boating safety programs under this chapter to pay the costs of 
investigations, personnel, and activities related to 
administering those programs.
  (b) 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--
          (1) providing facilities, equipment, and supplies for 
        boating safety education and law enforcement, including 
        purchase, operation, maintenance, and repair;
          (2) training personnel in skills related to boating 
        safety and to the enforcement of boating safety laws 
        and regulations;
          (3) providing public boating safety education, 
        including educational programs and lectures, to the 
        boating community and the public school system;
          (4) acquiring, constructing, or repairing public 
        access sites used primarily by recreational boaters;
          (5) conducting 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) establishing and maintaining waterway markers and 
        other appropriate aids to navigation; and
          (8) providing State recreational vessel numbering and 
        titling programs.
  (c)(1) Of the amount transferred to the Secretary under 
[subsection (a)(2)] subsection (b) of section 4 of the Dingell-
Johnson Sport Fish Restoration Act [(16 U.S.C. 777c(a)(2)),] 
(16 U.S.C. 777c(b)), [$5,500,000] $6,500,000 is available to 
the Secretary for payment of expenses of the Coast Guard for 
personnel and activities directly related to coordinating and 
carrying out the national recreational boating safety program 
under this title, of which not less than $2,000,000 shall be 
available to the Secretary only to ensure compliance with 
chapter 43 of this title.
  (2) No funds available to the Secretary under this subsection 
may be used to replace funding traditionally provided through 
general appropriations, nor for any purposes except those 
purposes authorized by this section.
  (3) 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.
          (4) The Secretary shall publish annually in the 
        Federal Register a detailed accounting of the projects, 
        programs, and activities funded under this subsection.

                                  
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