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Union Calendar No. 467

103D CONGRESS

2D SESSION H. R. 4477

[Report No. 103–849]

To amend the Act commonly referred to as the ‘‘Dingell-Johnson Sport

Fish Restoration Act’’ to provide funding for recreational boating safety

programs, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 24, 1994

Mr. STUDDS (for himself, Mr. TAUZIN, Mr. FIELDS of Texas, Mr. COBLE, Mr.

BATEMAN, and Mrs. FOWLER) introduced the following bill; which was

referred to the Committee on Merchant Marine and Fisheries

OCTOBER 7, 1994

Additional sponsors: Mr. GEJDENSON, Mr. RAVENEL, Mr. HOCHBRUECKNER,

Mr. KOPETSKI, Mr. BORSKI, Mr. DEFAZIO, Mr. CRAPO, Ms. FURSE, Mr.

MANTON, Mr. JEFFERSON, Mr. HANSEN, Mr. WYDEN, Mr. CALLAHAN,

Mr. BARLOW, Mr. HAYES, Mr. MAZZOLI, Mr. JACOBS, Mr. BLUTE, Mr.

SMITH of Oregon, Mr. CLAY, Mr. DARDEN, Mrs. LLOYD, Mr.

UNDERWOOD, Mr. MURPHY, Mr. CLEMENT, Mr. ROTH, Mr. HUTCHINSON, Mr. MORAN, Mr. BAKER of Louisiana, Mr. CHAPMAN, Mr. LINDER,

Mr. WILSON, and Mr. CALVERT

OCTOBER 7, 1994

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on May 24, 1994]

A BILL

To amend the Act commonly referred to as the ‘‘Dingell-
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Johnson Sport Fish Restoration Act’’ to provide funding

for recreational boating safety programs, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Boating Improvement

5 Act of 1994’’.

6 SEC. 2. BOATING SAFETY GRANTS.

7 (a) TRANSFER OF AMOUNTS FOR STATE BOATING

8 SAFETY PROGRAMS.—

9 (1) TRANSFERS.—Section 4(b) of the Act of Au10 gust 9, 1950 (16 U.S.C. 777c(b)), is amended to read

11 as follows:

12 ‘‘(b)(1) Of the balance of each annual appropriation

13 remaining after making the distribution under subsection

14 (a), an amount equal to $15,000,000 for fiscal year 1995,

15 $40,000,000 for fiscal year 1996, $55,000,000 for fiscal year

16 1997, and $69,000,000 for each of fiscal years 1998 and

17 1999, shall, subject to paragraph (2), be used as follows:

18 ‘‘(A) A sum equal to $7,500,000 of the amount

19 available for fiscal year 1995, and a sum equal to

20 $10,000,000 of the amount available for each of fiscal

21 years 1996 and 1997, shall be available for use by the

22 Secretary of the Interior for grants under section

23 5604(c) of the Clean Vessel Act of 1992. Any portion
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1 of such a sum available for a fiscal year that is not

2 obligated for those grants before the end of the follow3 ing fiscal year shall be transferred to the Secretary of

4 Transportation and shall be expended by the Sec5 retary of Transportation for State recreational boat6 ing safety programs under section 13106 of title 46,

7 United States Code.

8 ‘‘(B) A sum equal to $7,500,000 of the amount

9 available for fiscal year 1995, $30,000,000 of the

10 amount available for fiscal year 1996, $45,000,000 of

11 the amount available for fiscal year 1997, and

12 $59,000,000 of the amount available for each of fiscal

13 years 1998 and 1999, shall be transferred to the Sec14 retary of Transportation and shall be expended by the

15 Secretary of Transportation for State recreational

16 boating safety programs under section 13106 of title

17 46, United States Code.

18 ‘‘(C) A sum equal to $10,000,000 of the amount

19 available for each of fiscal years 1998 and 1999 shall

20 be available for use by the Secretary of the Interior

21 for—

22 ‘‘(i) grants under section 3(e) of the Boating

23 Improvement Act of 1994; and

24 ‘‘(ii) grants under section 5604(c) of the

25 Clean Vessel Act of 1992.
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1 Any portion of such a sum available for a fiscal year that

2 is not obligated for those grants before the end of the follow3 ing fiscal year shall be transferred to the Secretary of

4 Transportation and shall be expended by the Secretary of

5 Transportation for State recreational boating safety pro6 grams under section 13106 of title 46, United States Code.

7 ‘‘(2)(A) Beginning with fiscal year 1996, the amount

8 transferred under paragraph (1)(B) for a fiscal year shall

9 be reduced by the lesser of—

10 ‘‘(i) the amount appropriated to the Secretary of

11 Transportation for that fiscal year to carry out the

12 purposes of section 13106 of title 46, United States

13 Code, from the Boat Safety Account in the Aquatic

14 Resources Trust Fund established under section 9504

15 of the Internal Revenue Code of 1986; or

16 ‘‘(ii) $35,000,000; or

17 ‘‘(iii) for fiscal year 1996 only, $30,000,000.

18 ‘‘(B) The amount of any reduction under subpara19 graph (A) shall be apportioned among the several States

20 under subsection (d) by the Secretary of the Interior.’’.

21 (2) CONFORMING AMENDMENT.—Section

22 5604(c)(1) of the Clean Vessel Act of 1992 (33 U.S.C.

23 1322 note) is amended by striking ‘‘section 4(b)(2) of

24 the Act of August 9, 1950 (16 U.S.C. 777c(b)(2), as
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1 amended by this Act)’’ and inserting ‘‘section 4(b)(1)

2 of the Act of August 9, 1950 (16 U.S.C. 777c(b)(1))’’.

3 (3) LIMITATION ON OTHER DISTRIBUTION.—Not4 withstanding any other law, the amount distributed

5 under section 4(a) of the Act of August 9, 1950 (16

6 U.S.C. 777c(a)), in fiscal year 1996 may not exceed

7 $50,000,000.

8 (b) EXPENDITURE OF AMOUNTS FOR STATE REC9 REATIONAL BOATING SAFETY PROGRAMS.—Section 13106

10 of title 46, United States Code, is amended—

11 (1) in subsection (a)(1) by striking the first sen12 tence and inserting the following: ‘‘Subject to para13 graph (2), the Secretary shall expend under contracts

14 with States under this chapter in each fiscal year for

15 State recreational boating safety programs an

16 amount equal to the sum of the amount appropriated

17 from the Boat Safety Account for that fiscal year plus

18 the amount transferred to the Secretary under section

19 4(b)(1) of the Act of August 9, 1950 (16 U.S.C.

20 777c(b)(1)) for that fiscal year.’’; and

21 (2) by amending subsection (c) to read as fol22 lows:

23 ‘‘(c) For expenditure under this chapter for State rec24 reational boating safety programs there are authorized to

25 be appropriated to the Secretary of Transportation from
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1 the Boat Safety Account established under section

2 9503(c)(4) of the Internal Revenue Code of 1986 (26 U.S.C.

3 9503(c)(4)) not more than $35,000,000 each fiscal year.’’.

4 SEC. 3. BOATING ACCESS.

5 (a) FINDINGS.—The Congress makes the following

6 findings:

7 (1) Nontrailerable recreational motorboats con8 tribute 15 percent of the gasoline taxes deposited in

9 the Aquatic Resources Trust Fund while constituting

10 less than 5 percent of the recreational vessels in the

11 United States.

12 (2) The majority of recreational vessel access fa13 cilities constructed with Aquatic Resources Trust

14 Fund moneys benefit trailerable recreational vessels.

15 (3) More Aquatic Resources Trust Fund moneys

16 should be spent on recreational vessel access facilities

17 that benefit recreational vessels that are

18 nontrailerable vessels.

19 (b) PURPOSE.—The purpose of this section is to pro20 vide funds to States for the development of public facilities

21 for transient nontrailerable vessels.

22 (c) SURVEY.—Within 18 months after the date of the

23 enactment of this Act, any State may complete and submit

24 to the Secretary of the Interior a survey which identifies—
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1 (1) the number and location in the State of all

2 public facilities for transient nontrailerable vessels;

3 and

4 (2) the number and areas of operation in the

5 State of all nontrailerable vessels that operate on nav6 igable waters in the State.

7 (d) PLAN.—Within 6 months after submitting a survey

8 to the Secretary of the Interior in accordance with sub9 section (c), a State may develop and submit to the Secretary

10 of the Interior a plan for the construction and renovation

11 of public facilities for transient nontrailerable vessels to

12 meet the needs of nontrailerable vessels operating on navi13 gable waters in the State.

14 (e) GRANT PROGRAM.—

15 (1) MATCHING GRANTS.—The Secretary of the

Interior may obligate not less than 1 16 ⁄2 of the amount

17 made available for each of fiscal years 1998 and 1999

18 under section 4(b)(1)(C) of the Act of August 9, 1950,

19 as amended by section 2(a)(1) of this Act, to make

20 grants to any State to pay not more than 75 percent

21 of the cost of constructing or renovating public facili22 ties for transient nontrailerable vessels.

23 (2) PRIORITIES.—

24 (A) IN GENERAL.—In awarding grants

25 under this subsection, the Secretary of the Inte-
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1 rior shall give priority to projects that consist of

2 the construction or renovation of public facilities

3 for transient nontrailerable vessels in accordance

4 with a plan submitted by a State submitted

5 under subsection (b).

6 (B) WITHIN STATE.—In awarding grants

7 under this subsection for projects in a particular

8 State, the Secretary of the Interior shall give pri9 ority to projects that are likely to serve the great10 est number of nontrailerable vessels.

11 SEC. 4. DEFINITIONS.

12 For the purpose of this Act the term—

13 (1) ‘‘Act of August 9, 1950’’ means the Act enti14 tled ‘‘An Act to provide that the United States shall

15 aid the States in fish restoration and management

16 projects, and for other purposes’’, approved August 9,

17 1950 (16 U.S.C. 777a et seq.);

18 (2) ‘‘nontrailerable vessel’’ means a recreational

19 vessel greater than 26 feet in length;

20 (3) ‘‘public facilities for transient nontrailerable

21 vessels’’ means mooring buoys, day-docks, seasonal

22 slips or similar structures located on navigable wa23 ters, that are available to the general public and de24 signed for temporary use by nontrailerable vessels;

25 (4) ‘‘recreational vessel’’ means a vessel—
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1 (A) operated primarily for pleasure; or

2 (B) leased, rented, or chartered to another

3 for the latter’s pleasure; and

4 (5) ‘‘State’’ means each of the several States of

5 the United States, the District of Columbia, the Com6 monwealth of Puerto Rico, Guam, American Samoa,

7 the United States Virgin Islands, and the Common8 wealth of the Northern Mariana Islands.
Union Calendar No. 467

103D CONGRESS

2D SESSION H. R. 4477

[Report No. 103–849]

A BILL

To amend the Act commonly referred to as the

programs, and for other purposes.provide funding for recreational boating safety‘‘Dingell-Johnson Sport Fish Restoration Act’’ to

OCTOBER 7, 1994

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and