### §13104. Allocations

(a) The Secretary shall allocate amounts available for allocation and distribution under this chapter for State recreational boating safety programs as follows:

(1) One-third shall be allocated equally each fiscal year among eligible States.

(2) One-third shall be allocated among eligible States that maintain a State vessel numbering system approved under chapter 123 of this title and a marine casualty reporting system approved under this chapter so that the amount allocated each fiscal year to each eligible State will be in the same ratio as the number of vessels numbered in that State bears to the number of vessels numbered in all eligible States.

(3) One-third shall be allocated so that the amount allocated each fiscal year to each eligible State will be in the same ratio as the amount of State amounts expended by the State for the State recreational boating safety program during the prior fiscal year bears to the total State amounts expended during that fiscal year by all eligible States for State recreational boating safety programs.

(b) The amount received by a State under this section in a fiscal year may be not more than one-half of the total cost incurred by that State in developing, carrying out, and financing that State's recreational boating safety program in that fiscal year.

(c) The Secretary may allocate not more than 5 percent of the amounts available for allocation and distribution in a fiscal year for national boating safety activities of national nonprofit public service organizations.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 594, §13103; Pub. L. 98–369, div. A, title X, §1011(d), July 18, 1984, 98 Stat. 1013; Pub. L. 101–595, title III, §312(c), Nov. 16, 1990, 104 Stat. 2987; renumbered §13104, Pub. L. 109–304, §16(b)(1), Oct. 6, 2006, 120 Stat. 1705.)

| Revised section | Source section (U.S. Code) |
| --- | --- |
| 13103 | 46:1476 |

Section 13103 requires the Secretary to allocate the amounts available for recreational boating safety and facilities improvement programs according to a specific formula:

(1) 1/3 shall be allocated equally to each eligible State:

(2) 1/3 shall be allocated to those States maintaining an approved numbering system; and

(3) 1/3 shall be allocated to the State in the proportion that the State obligated in the prior fiscal year to the total amount obligated by all of the States in the prior fiscal year.

#### **Editorial Notes**

#### Prior Provisions

A prior section 13104 was renumbered section 13105 of this title.

#### Amendments

2006—Pub. L. 109–304 renumbered section 13103 of this title as this section.

1990—Subsec. (a)(3). Pub. L. 101–595 struck out "or obligated" after "expended" in two places.

1984—Subsec. (b). Pub. L. 98–369, §1011(d), redesignated subsec. (c) as (b), struck out "and facilities improvement" after "boating safety", and struck out former subsec. (b) which related to allocation of amounts for State recreational boating facilities improvement programs by the Secretary.

Subsec. (c). Pub. L. 98–369, §1011(d)(1), redesignated subsec. (e) as (c). Former subsec. (c) redesignated (b).

Subsec. (d). Pub. L. 98–369, §1011(d)(1), struck out subsec. (d) which provided that an allocation or distribution of amounts under this section may not be made to a State to maintain boating facilities under that State's approved recreational boating safety and facilities improvement program.

Subsec. (e). Pub. L. 98–369, §1011(d)(1), redesignated subsec. (e) as (c).

Subsec. (f). Pub. L. 98–369, §1011(d)(1), struck out subsec. (f) which provided that the Secretary could extend amounts necessary to carry out this chapter but that there was a limitation on the total amount allocable.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 1984 Amendment

Amendment by Pub. L. 98–369 effective Oct. 1, 1984, to apply with respect to fiscal years beginning after Sept. 30, 1984, see section 1013 of Pub. L. 98–369, set out as a note under section 13101 of this title.

#### Payment of Administrative Costs; Retention of Amount Prior to Allocations

Pub. L. 99–640, §7(d), Nov. 10, 1986, 100 Stat. 3548, which related to retention of amounts appropriated for State recreational boating safety programs prior to making allocations for a fiscal year, was repealed by Pub. L. 100–448, §6(b)(1)(B), Sept. 28, 1988, 102 Stat. 1840.