PUBLIC LAW 109–74—SEPT. 29, 2005

SPORTFISHING AND RECREATIONAL

BOATING SAFETY AMENDMENTS ACT OF 2005

119 STAT. 2030 PUBLIC LAW 109–74—SEPT. 29, 2005

Public Law 109–74

109th Congress

An Act

To ensure funding for sportfishing and boating safety programs funded out of

the Highway Trust Fund through the end of fiscal year 2005, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Sportfishing and Recreational

Boating Safety Amendments Act of 2005’’.

TITLE I—CORRECTIONS TO THE

SPORTFISHING AND RECREATIONAL

BOATING SAFETY ACT OF 2005

SEC. 101. EFFECTIVE DATE OF AMENDMENTS.

(a) IN GENERAL.—The Sportfishing and Recreational Boating

Safety Act of 2005 (Public Law 109–59) is amended—

(1) by striking section 10112(b)(2); and

(2) by inserting after section 10101 the following:

‘‘SEC. 10102. EFFECTIVE DATE.

‘‘The amendments made by this subtitle shall take effect

October 1, 2005.’’.

(b) TEMPORARY PRESERVATION OF EXISTING LAW.—Except as

provided by the amendments made by title II of this Act, during

the period beginning on the date of the enactment of the

Sportfishing and Recreational Boating Safety Act of 2005, and

ending upon the expiration of fiscal year 2005, the provisions of

law amended by the Sportfishing and Recreational Boating Safety

Act of 2005 (as amended by this Act) shall be considered to read

as such laws read immediately before the enactment of that Act.

SEC. 102. RECREATIONAL BOATING SAFETY FUNDS.

Section 10143 of the Sportfishing and Recreational Boating

Safety Act of 2005 (Public Law 109–59) is amended—

(1) in paragraph (1) by striking ‘‘under section 10119 of

the Sportfishing and Recreational Boating Safety Act of 2005’’

and inserting ‘‘under section 15 of the Dingell-Johnson Sport

Fish Restoration Act’’;

(2) in paragraph (2) by striking ‘‘subsection (a)(2) of section

4 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C.

777c(a)(2))’’ and inserting ‘‘subsections (a)(2) and (f) of section

Ante, p. 1931.

16 USC 777b

note.

16 USC 777b

note.

Ante, p. 1927.

16 USC 777 note.

Sportfishing and

Recreational

Boating Safety

Amendments Act

of 2005.

Sept. 29, 2005

[H.R. 3649]

PUBLIC LAW 109–74—SEPT. 29, 2005 119 STAT. 2031

4 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C.

777c(a)(2) and (f))’’;

(3) in paragraph (4)—

(A) in subparagraph (B) by inserting a closed parenthesis after ‘‘(16 U.S.C. 777c(a)(2)’’; and

(B) by striking subparagraphs (C) and (D) and inserting

the following:

‘‘(C) by striking ‘$5,000,000’ and inserting ‘$5,500,000’;

and

‘‘(D) by inserting ‘not less than’ before ‘$2,000,000’;

and’’; and

(4) in paragraph (5) by striking ‘‘unexpected’’ and inserting

‘‘unexpended’’.

SEC. 103. EXPENDITURE OF REMAINING BALANCE IN BOAT SAFETY

ACCOUNT.

Section 10119 of the Sportfishing and Recreational Boating

Safety Act of 2005 (Public Law 109–59) is amended in the text

proposed to be inserted as section 15 of the Dingell-Johnson Sport

Fish Restoration Act—

(1) in paragraph (2)(A)(v) of such text by striking ‘‘of this

Act’’ and inserting ‘‘of that section’’;

(2) in paragraphs (1) through (4) of such text by striking

‘‘subsection (b) of that section’’ each place it appears in such

text and inserting ‘‘subsection (c) of that section’’; and

(3) in paragraph (5)—

(A) in subparagraph (A) by striking ‘‘subsection (b)’’

and inserting ‘‘subsection (a)(2) of that section’’; and

(B) in subparagraph (B) by striking ‘‘subsection (h)’’

and inserting ‘‘subsection (c) of that section’’.

TITLE II—EXTENSION OF RECREATIONAL BOATING FUNDING

THROUGH THE END OF FISCAL YEAR

2005

SEC. 201. NATIONAL OUTREACH AND COMMUNICATIONS PROGRAM

FUNDING.

Section 4(c)(7) of the Dingell-Johnson Sport Fish Restoration

Act (16 U.S.C. 777c(c)(7)) is amended to read as follows:

‘‘(7) $10,000,000 for fiscal year 2005;’’.

SEC. 202. CLEAN VESSEL ACT FUNDING.

Section 4(b)(4) of the Dingell-Johnson Sport Fish Restoration

Act (16 U.S.C. 777c(b)(4)) is amended—

(1) in the section heading by striking ‘‘FIRST 303 DAYS

OF FISCAL’’ and inserting ‘‘FISCAL’’;

(2) by striking ‘‘July 30, 2005’’ and inserting ‘‘September

30, 2005’’;

(3) by striking ‘‘$68,071,233’’ and inserting ‘‘$82,000,000’’;

(4) in subparagraph (A), by striking ‘‘$8,301,370’’ and

inserting ‘‘$10,000,000’’; and

(5) in subparagraph (B), by striking ‘‘$6,641,096’’ and

inserting ‘‘$8,000,000’’.

Ante, p. 1929.

119 STAT. 2032 PUBLIC LAW 109–74—SEPT. 29, 2005

SEC. 203. COAST GUARD EXPENSES.

Section 13106(c)(1) of title 46, United States Code, is amended—

(1) by striking ‘‘$4,150,685’’ and inserting ‘‘$5,000,000’’; and

(2) by striking ‘‘$1,660,274’’ and inserting ‘‘$2,000,000’’.

TITLE III—EXTENSION OF AUTHORIZATION FOR USE OF FUNDS IN BOAT

SAFETY ACCOUNT

SEC. 301. EXTENSION OF AUTHORIZATION FOR USE OF FUNDS IN BOAT

SAFETY ACCOUNT FOR OBLIGATIONS BEFORE OCTOBER

1, 2005.

(a) BOAT SAFETY ACCOUNT.—Subsection (c) of section 9504 of

the Internal Revenue Code of 1986 (relating to expenditures from

boat safety account) is amended—

(1) by striking ‘‘August 15, 2005’’ and inserting ‘‘October

1, 2005’’; and

(2) by striking ‘‘Surface Transportation Extension Act of

2005, Part VI’’ and inserting ‘‘Sportfishing and Recreational

Boating Safety Amendments Act of 2005’’.

(b) EFFECTIVE DATE.—The amendments made by this section

shall take effect on the date of the enactment of this Act.

SEC. 302. CORRECTION OF DISTRIBUTION OF OBLIGATION AUTHORITY

UNDER SECTION 1102(c)(4)(A) OF PUBLIC LAW 109–59.

Notwithstanding section 1102(c)(4)(A) of Public Law 109–59;

119 Stat. 1144, et seq., or any other provision of law, for fiscal

year 2005, obligation authority for funds made available under

title I of division H of Public Law 108–447; 118 Stat. 3216 for

expenses necessary to discharge the functions of the Secretary

of Transportation with respect to traffic and highway safety under

chapter 301 of title 49, United States Code, and part C of subtitle

VI of title 49, United States Code, shall be made available in

an amount equal to the funds provided therein: Provided, That

the additional obligation authority needed to meet the requirements

of this section shall be withdrawn from the obligation authority

previously distributed to the other programs, projects, and activities

26 USC 9504

note.

26 USC 9504.

PUBLIC LAW 109–74—SEPT. 29, 2005 119 STAT. 2033

LEGISLATIVE HISTORY—H.R. 3649:

CONGRESSIONAL RECORD, Vol. 151 (2005):

Sept. 13, considered and passed House.

Sept. 15, considered and passed Senate, amended.

Sept. 20, House concurred in Senate amendment.

Æ

funded by the amount deducted under section 117 of title I of

division H of Public Law 108–447.

Approved September 29, 2005.