U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

39–010 

" ! SENATE 113TH CONGRESS

2d Session 

REPORT

2014

113–205 

Calendar No. 452 

SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY ACT OF 2014 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 2028 

JULY 7, 2014.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED THIRTEENTH CONGRESS

SECOND SESSION

JOHN D. ROCKEFELLER IV, West Virginia, Chairman 

BARBARA BOXER, California JOHN THUNE, South Dakota 

BILL NELSON, Florida ROGER F. WICKER, Mississippi 

MARIA CANTWELL, Washington ROY BLUNT, Missouri 

MARK PRYOR, Arkansas MARCO RUBIO, Florida 

CLAIRE MCCASKILL, Missouri KELLY AYOTTE, New Hampshire 

AMY KLOBUCHAR, Minnesota DEAN HELLER, Nevada 

MARK BEGICH, Alaska DANIEL COATS, Indiana 

RICHARD BLUMENTHAL, Connecticut TIM SCOTT, South Carolina 

BRIAN SCHATZ, Hawaii TED CRUZ, Texas 

ED MARKEY, Massachusetts DEB FISCHER, Nebraska 

CORY BOOKER, New Jersey RON JOHNSON, Wisconsin 

JOHN WALSH, Montana 

ELLEN DONESKI, Staff Director 

JOHN WILLIAMS, General Counsel 

DAVID SCHWIETERT, Republican Staff Director 

NICK ROSSI, Republican Deputy Staff Director 

REBECCA SEIDEL, Republican General Counsel 


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1 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, NATIONAL MARINE FISHERIES SERVICE, THE ECONOMIC CONTRIBUTION OF MARINE ANGLER EXPENDITURES IN THE UNITED STATES, 

2011 (2013), available at http://www.st.nmfs.noaa.gov/Assets/economics/publications/ 

AnglerExpenditureReport/2011/pdf/The Economic Contribution of Marine Angler Expenditures 

in the United States 2011.pdf. 2 UNITED STATES COAST GUARD, RECREATIONAL BOATING STATISTICS 2011 at 5. 

Calender No. 452 

113TH CONGRESS REPORT " ! SENATE 2d Session 113–205 

SPORT FISH RESTORATION AND RECREATIONAL BOATING 

SAFETY ACT OF 2014 

JULY 7, 2014.—Ordered to be printed 

Mr. ROCKEFELLER, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 2028] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 2028) to amend the 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. 2028 would reauthorize the Sport Fish Restoration and Boating Trust Fund (the Fund) and its various uses through the end 

of fiscal year (FY) 2021. 

BACKGROUND AND NEEDS

Recreational fishing and boating provides substantial economic 

opportunities and benefits to the Nation. According to the National 

Marine Fisheries Service, in 2011 marine recreational anglers in 

the United States spent $23.4 billion, with an estimated $56 billion 

impact on the U.S. economy.1 The Coast Guard reports in 2011 

there were 12,505,656 recreational vessels registered in the United 

States.2 According to the National Marine Manufacturers Association, which represents more than 1,300 boat builders and other maVerDate Mar 15 2010 04:27 Jul 09, 2014 Jkt 039010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR205.XXX SR205

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3 NATIONAL MARINE MANUFACTURERS ASSOCIATION, 2012 RECREATIONAL BOATING ECONOMIC

STUDY at 5 (2013), available at http://www.nmma.org/assets/cabinets/Cabinet508/ 

NMMAlecoimpactlbookletloptimized.pdf. 4 16 U.S.C. § 777c(a)(1) (2012). 

5 Id. § 777c(a)(2). 

6 Id. § 777c(a)(3). 

7 Id. § 777c(a)(4). 

8 Id. § 777c(a)(5). 

9 Id. § 777m(a). 

rine manufacturers responsible for producing an estimated 80 percent of the recreational marine products used in the United States, 

in 2012 the total economic impact of recreational boating on the 

U.S. economy was $121.5 billion.3

The 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 species 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 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 pleasure craft; and (5) interest on funds invested 

prior to disbursal. In FY 2013, the Fund received a total of $595 

million from these five sources. 

All moneys received in a given fiscal year are apportioned to the 

States in the following fiscal year. Fund receipts are made available for eight different authorized uses, based on a statutory formula division of appropriations, as follows: 

∑ 18.5 percent to coastal wetlands programs, 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;4

∑ 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;5

∑ 2 percent to a competitive grant program for States to construct pump-out and dump stations to dispose of vessel sewage 

from recreational boaters;6

∑ 2 percent to a competitive grant program that provides matching funds to States to install or upgrade docking facilities for transient recreational boats;7

∑ 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;8

∑ up to $3 million annually to the Secretary of the Interior for 

a multistate conservation grant program;9


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10 Id. § 777m(e). 11 Id. § 777c(c). 

∑ $200,000 annually to each of the Atlantic States Marine Fisheries Commission, the Gulf States Marine Fisheries Commission, 

the Pacific States Marine Fisheries Commission, and the Great 

Lakes Fisheries Commission, and $400,000 annually to the Sport 

Fishing and Boating Partnership Council;10 and 

∑ the residuum of Fund receipts to the U.S. Fish and Wildlife 

Service Sport Fish Restoration Program, under which funding is 

apportioned to States on a formula basis.11

SUMMARY OF PROVISIONS

S. 2028, the Sport Fish Restoration and Recreational Boating 

Safety Act of 2014, would reauthorize the Fund and provide for 

maximum amounts that can be spent on administration of Trust 

Fund programs. 

LEGISLATIVE HISTORY

S. 2028, the Sport Fish Restoration and Recreational Boating 

Safety Act of 2014, was introduced by Senators Rockefeller and 

Thune on February 12, 2014, and referred to the Committee on 

Commerce, Science, and Transportation. On April 9, 2014, the 

Committee met in open Executive Session and, by a voice vote, ordered S. 2028 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: 

S. 2028—Sport Fish Restoration and Recreational Boating Safety 

Act of 2014 

S. 2028 would reauthorize and modify the current formula used 

to distribute funds from the Sport Fish Restoration and Boating 

Trust Fund (SFRBTF) through 2021. CBO estimates the legislation 

would have no significant effect on the federal budget. 

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. 

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 2014. 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. Because enacting S. 2028 could 

affect direct spending 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. 


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S. 2028 contains 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

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. 2028 as reported would not create any new programs or impose any new regulatory requirements, and therefore would not 

subject any individuals or businesses to new regulations. 

ECONOMIC IMPACT

Enactment of this 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 Fund is allowed to expire 

due to failure to enact S. 2028 or similar reauthorization legislation, the loss of roughly $600 million in funding that is apportioned 

annually to the States for boating safety programs, boater education programs, and fish and habitat restoration programs is expected to have significant negative economic consequences. 

PRIVACY

The bill would not impact the personal privacy of individuals. 

PAPERWORK

S. 2028 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 

2014’’. 

Section 2. 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 the formula division 

of appropriations of the Fund through FY 2021. It would increase 

the amounts authorized for use in covering the costs of administering the program by: (1) authorizing funding to the department 


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in which the Coast Guard is operating for administration of boating 

safety programs paid for by the Fund; and (2) providing a formula 

for maximum amounts that the Secretary of Interior may use from 

the Fund to administer sportfish and habitat restoration programs. 

This section would also make necessary technical and conforming 

amendments to related authorities in section 4 of that Act. 

Section 3. 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 September 30, 2021, the current 

exception that allows transfer to the Fund of expenditures to liquidate obligations entered into prior to that date. 

Section 4. Recreational boating safety allocations 

This section would strike subsection (c) of section 13104 of title 

46, United States Code, which currently authorizes the Secretary 

of the department in which the Coast Guard is operating to allocate not more than 5 percent of available funds for distribution to 

national nonprofit public service organizations. 

Section 5. Recreational boating safety 

This section would make necessary technical and conforming 

amendments to title 46, United States Code. 

Section 6. National Boating Safety Advisory Council 

This section would amend section 13110(e) of title 46, United 

States Code, to authorize the Coast Guard’s National Boating Safety Advisory Council through September 30, 2021. 

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 

SEC. 4. DIVISION OF ANNUAL APPROPRIATIONS. 

[6 U.S.C. 777c] 

(a) IN GENERAL.—For each fiscal year through ø2014¿ 2021, 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. 


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(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) øSET-ASIDE FOR EXPENSES FOR ADMINISTRATION OF THE DINGELL-JOHNSON SPORT FISH RESTORATION ACT¿ SET-ASIDES.— 

(1) IN GENERAL.— 

(A) SET-ASIDE FOR ADMINISTRATION.—From the annual 

appropriation made in accordance with section 3, for each 

fiscal year through ø2014¿ 2021, 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 øeach of fiscal years 2001 and 2002, 

$9,000,000¿ fiscal year 2015, $11,896,000; 

(ii) for fiscal year ø2003, $8,212,000¿ 2016, 

$12,299,000; and 

(iii) for fiscal year ø2004¿ 2017 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) IN GENERAL.—From the annual appropriation 

made in accordance with section 3, for each fiscal year 

through 2021, the Secretary shall transfer to the Secretary of the department in which the Coast Guard is 

operating— 

(I) $5,000,000 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 


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13110 of title 46, United States Code, and the authorized activities of the Council; and (III) not less than $7,000,000 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) LIMITATION.—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) of this section for the fiscal year. 

(2) PERIOD OF AVAILABILITY; APPORTIONMENT OF UNOBLIGATED AMOUNTS.— 

(A) PERIOD OF AVAILABILITY.—For each fiscal year, the 

available amount øunder paragraph (1) shall remain available for obligation for use under that paragraph¿ under 

paragraph (1)(B) shall remain available for obligation for 

use under paragraph (1)(A) 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 øunder paragraph (1)¿ under 

paragraph (1)(B) 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 øsubsection (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.—øSo much of any sum not allocated¿ 

Except as otherwise provided in this section, 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 


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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 

øthose subsections¿ those paragraphs, respectively. 

ø(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 2015, 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 under paragraph (3). 

(3) ANNUAL ADJUSTED MAXIMUM AMOUNT.—The maximum 

amount referred to in paragraph (2) for fiscal year 2016 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. 

INTERNAL REVENUE CODE OF 1986 

[26 U.S.C. 9504] 

SEC. 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. 


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(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 October 1, 

ø2014,¿ 2021, in accordance with the provisions of this section. 

(e) CROSS REFERENCE.—For provision transferring motorboat 

fuels taxes to Sport Fish Restoration and Boating Trust Fund, see 

section 9503(c)(3). 

TITLE 46. SHIPPING 

SUBTITLE II. VESSELS AND SEAMEN

PART I. STATE BOATING SAFETY PROGRAMS

CHAPTER 131. RECREATIONAL BOATING SAFETY

§ 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. 

ø(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.¿ 

§ 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 


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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 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 øsubsection (a)(2)¿ subsection (b)(1)(C) of section 4 of the Dingell-Johnson Sport Fish Restoration Act ø(16 U.S.C. 777c(a)(2)), $5,500,000 

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.¿(16 U.S.C. 777c(b)(1)(C))— 

(A) $5,000,000 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; 


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(B) $200,000 is available to the Secretary to fund the 

National Boating Safety Advisory Council and its authorized activities; and 

(C) not less than $7,000,000 is available to the Secretary for national boating safety activities of national nonprofit public service organizations. 

(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) øAmounts made available¿ Except for amounts made 

available by paragraph (1)(C), 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. 

§ 13110. National Boating Safety Advisory Council 

(a) The Secretary shall establish a National Boating Safety Advisory Council. The Council shall consist of 21 members appointed by 

the Secretary, whom the Secretary considers to have a particular 

expertise, knowledge, and experience in recreational boating safety. 

(b)(1) The membership of the Council shall consist of— 

(A) 7 representatives of State officials responsible for 

State boating safety programs; 

(B) 7 representatives of recreational vessel manufacturers and associated equipment manufacturers; and 

(C) 7 representatives of national recreational boating organizations and from the general public, at least 5 of 

whom shall be representatives of national recreational 

boating organizations. 

(2) Additional individuals from the sources referred to in 

paragraph (1) of this subsection may be appointed to panels of 

the Council to assist the Council in performing its duties. 

(3) At least once a year, the Secretary shall publish a notice 

in the Federal Register soliciting nominations for membership 

on the Council. 

(c) In addition to the consultation required by section 4302 of this 

title, the Secretary shall consult with the Council on other major 

boating safety matters related to this chapter. The Council may 

make available to Congress information, advice, and recommendations that the Council is authorized to give to the Secretary. 

(d) When serving away from home or regular place of business, 

the member may be allowed travel expenses, including per diem in 

lieu of subsistence as authorized by section 5703 of title 5 for individuals employed intermittently in the Government service. A payment under this section does not make a member of the Council 

an officer or employee of the United States Government for any 

purpose. 


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(e) The Council shall terminate on September 30, ø2020¿ 2021. 

Æ 


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