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[Senate Report 114-91]
[From the U.S. Government Publishing Office]

                                                      Calendar No. 162
114th Congress     }                                    {       Report
                                 SENATE
 1st Session       }                                    {       114-91
_______________________________________________________________________

                                     

                                                      

       SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY ACT

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                 S. 834

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                 July 23, 2015.--Ordered to be printed
                 
                                 ______

                         U.S. GOVERNMENT PUBLISHING OFFICE 

49-010                         WASHINGTON : 2015                 
                 
 
 
 
                 
                 
                 
                 
                 
                 
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                    one hundred fourteenth congress
                             first session

                   JOHN THUNE, South Dakota, Chairman
 ROGER F. WICKER, Mississippi         BILL NELSON, Florida
 ROY BLUNT, Missouri                  MARIA CANTWELL, Washington
 MARCO RUBIO, Florida                 CLAIRE McCASKILL, Missouri
 KELLY AYOTTE, New Hampshire          AMY KLOBUCHAR, Minnesota
 TED CRUZ, Texas                      RICHARD BLUMENTHAL, Connecticut
 DEB FISCHER, Nebraska                BRIAN SCHATZ, Hawaii
 JERRY MORAN, Kansas                  ED MARKEY, Massachusetts
 DAN SULLIVAN, Alaska                 CORY BOOKER, New Jersey
 RON JOHNSON, Wisconsin               TOM UDALL, New Mexico
 DEAN HELLER, Nevada                  JOE MANCHIN, West Virginia
 CORY GARDNER, Colorado               GARY PETERS, Michigan
 STEVE DAINES, Montana
                    David Schwietert, Staff Director
                   Nick Rossi, Deputy Staff Director
                    Rebecca Seidel, General Counsel
                 Kim Lipsky, Democratic Staff Director
           Christopher Day, Democratic Deputy Staff Director
                 Clint Odom, Democratic General Counsel
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                                                      Calendar No. 162
114th Congress     }                                    {       Report
                                 SENATE
 1st Session       }                                    {       114-91

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

 
       SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY ACT

                                _______
                                

                 July 23, 2015.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 834]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 834) to amend the law relating 
to sport fish restoration and recreational boating safety, and 
for other purposes, having considered the same, reports 
favorably thereon with an amendment (in the nature of a 
substitute) and recommends that the bill (as amended) do pass.

                          Purpose of the Bill

    S. 834 would reauthorize the Sport Fish Restoration and 
Boating Trust Fund (the Fund) and its various uses through the 
end of fiscal year 2023.

                          Background and Needs

    Since 1950, the Fund has been critical to marine and 
freshwater fisheries conservation, wetlands conservation and 
restoration, and since 1984, recreational boater safety 
programs in the United States. The Sport Fish Restoration and 
Recreational Boating Safety Act would reauthorize a user pays, 
public benefits program that collects user fees on fishing 
tackle and equipment, motorboat fuel, imported boats and 
fishing equipment, and small engines.
    Recreational fishing and boating provide substantial 
economic opportunities and benefits to the Nation. According to 
the National Marine Fisheries Service, recreational anglers in 
the United States spent $23.4 billion in 2011, with an 
estimated $56 billion impact on the U.S. economy.\1\ In 2012, 
there were 12,101,936 recreational vessels registered in the 
United States.\2\ According to a study conducted by the 
National Marine Manufacturers Association and the Recreational 
Marine Research Center at Michigan State University in 2012, 
recreational boating related spending exceeded $51 billion, and 
overall, the total economic impact of recreational boating on 
the U.S. economy was $121.5 billion.\3\
---------------------------------------------------------------------------
    \1\Sabrian J Lovell, Scott Steinback and James Hildter, 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.
    \2\United States Coast Guard, Recreational Boating Statistics 2012, 
available at http://uscgboating.org/library/accident-statistics/
834.PDF.
    \3\National Marine Manufacturers Association, 2012 Recreational 
Boating Economic Study (2013), available at http://www.nmma.org/assets/
cabinets/Cabinet508/NMMA_ecoimpact_booklet_optimized.pdf.
---------------------------------------------------------------------------
    User fees authorized under the various laws affected by the 
Sport Fish Restoration and Recreational Boating Safety Act 
generate approximately $600 million per year for the Fund. The 
funds are then allocated to Federal and State programs for 
boating safety and infrastructure, fisheries management, 
habitat conservation, and other related programs and 
activities. The program's success has helped it earn the 
distinction as the most successful conservation and fisheries-
restoration program in the world.\4\
---------------------------------------------------------------------------
    \4\Returns to Businesses from the Federal Aid in Sport Fish 
Restoration Program, March 3, 2011. U.S. Fish and Wildlife Service. 
http://wsfrprograms.fws.gov/Subpages/GrantPrograms/MultiState/
MS_SFRTaxReport2011.pdf.
---------------------------------------------------------------------------
    S. 834 would increase slightly the amount of the Fund that 
goes to the United States Fish and Wildlife Service (USFWS) and 
the United States Coast Guard (USCG) for administration of the 
program. Though this increase is less than the administration's 
request, it would still provide the USFWS and the USCG with 
additional resources to better carry out existing programs. The 
administrative funds to the USFWS and the USCG will be a 
percentage of the total fund receipts. Because of this, the 
bill would change the percentages going to various other 
programs, but the net effect would be that the total sum of 
money each program receives would remain unchanged compared to 
the current statute.
    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. 
The USFWS distributed $625 million from the Fund for fiscal 
year (FY) 2015.
    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.\5\
---------------------------------------------------------------------------
    \5\16 U.S.C. 777c(a)(1).

     18.5 percent to the USCG'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.\6\
---------------------------------------------------------------------------
    \6\16 U.S.C. 777c(a)(1).

     Two percent to a competitive grant program for 
States to construct pump-out and dump stations to dispose of 
vessel sewage from recreational boaters. Not more than 25 
percent of such amount may be used for capital improvement and 
infrastructure projects to support facilities that meet State 
requirements for minimizing the introduction of pollutants into 
waterways.\7\
---------------------------------------------------------------------------
    \7\16 U.S.C. 777c(a)(3).

     Two percent to a competitive grant program that 
provides matching funds to States to install or upgrade docking 
facilities for transient recreational boats.\8\
---------------------------------------------------------------------------
    \8\16 U.S.C. 777c(a)(4).

     Two 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.\9\
---------------------------------------------------------------------------
    \9\16 U.S.C. 777c(a)(5).

     Up to $3 million annually to the Secretary of the 
Interior for a multistate conservation grant program.\10\
---------------------------------------------------------------------------
    \10\16 U.S.C. 777c(a)(5).

     $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.\11\
---------------------------------------------------------------------------
    \11\16 U.S.C. 777c(a)(5).

     The residuum of Fund receipts to the USFWS Sport 
Fish Restoration Program, under which funding is apportioned to 
States on a formula basis.\12\
---------------------------------------------------------------------------
    \12\16 U.S.C. 777c(c).

                         Summary of Provisions

    S. 834, the Sport Fish Restoration and Recreational Boating 
Safety Act, would reauthorize the Fund and provide for maximum 
amounts that can be spent on administration of Fund programs. 
In addition, the bill would increases slightly the amount of 
the Fund that goes to the USFWS and the USCG to administer the 
program. Though this increase is less than the administration's 
request, it would still provide the USFWS and the USCG with 
additional resources to better carry out existing programs. 
Because the bill would change the percentages going to various 
other programs, the administrative funds to the USFWS and the 
USCG also would become a percentage of the total fund receipts. 
Initially, the net effect would be that the total sum of money 
allotted for the USCG administrative funds would remain 
relatively unchanged compared to current statute, but the USFWS 
would see an increase in administrative funds that would equate 
to the funding necessary for full operations of 105 people. 
Overall, funding for the USCG and the USFWS administrative 
activities would vary based on total receipts, and also would 
be limited to no more than prescribed amounts.

                          Legislative History

    S. 834, the Sport Fish Restoration and Recreational Boating 
Safety Act, was introduced by Senator Thune on March 23, 2015, 
with Senators Inhofe, Nelson, and Cardin as original 
cosponsors, and referred to the Committee on Commerce, Science, 
and Transportation of the Senate. On March 25, 2015, the 
Committee met in open Executive Session and, by a voice vote, 
ordered S. 834 reported favorably with an amendment in the 
nature of a substitute. Changes in the substitute included 
technical corrections, a provision that ensures funds for the 
National Recreational Boating Survey remain available until 
expended and may be awarded as a contract or grant, a 
requirement for the Army Corps of Engineers to report on its 
expenditure of funds for Coastal Wetlands Planning, Protection, 
and Restoration and how its projects funded by this Act improve 
fish and wildlife habitat, and a reporting requirement for the 
USFWS on how it administers the Fund.

                            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. 834--Sport Fish Restoration and Recreational Boating Safety Act

    S. 834 would change the current formula used to distribute 
funds from the Sport Fish Restoration and Boating Trust Fund 
(SFRBTF) to various programs through 2023.
    The legislation would adjust the allocation of amounts that 
could be spent from the SFRBTF among 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 total amount available to be 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 an allocation of 
the fund's income that is specified in law. CBO estimates that 
changing the allocation would have a minor effect on the total 
rate of spending. Because enacting S. 834 would affect direct 
spending, pay-as-you-go procedures apply; however, CBO 
estimates that any change in direct spending would be 
insignificant. Enacting the bill would not affect revenues.
    S. 834 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 Marin Burnett. 
The estimate was approved by Theresa Gullo, 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. 834, 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. 834 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, safety, and environmental 
consequences.

                                privacy

    S. 834 would not impact the personal privacy of 
individuals.

                               paperwork

    S. 834 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''.

Section 2. Authorization of appropriations.

    This section would increase to 57.42 percent, from 57 
percent, the portion of the Fund that goes to State fish and 
wildlife agencies for sport fish restoration.

Section 3. Division of annual appropriations.

    This section would amend section 4 of the Federal Aid in 
Fish Restoration Act (16 U.S.C. 777(c)) to authorize the 
formula division of appropriations of the Fund through FY 2023. 
In addition, this section would make several adjustments to how 
money is distributed from the Fund. Coastal wetlands planning, 
protection, and restoration would receive 18.54 percent of the 
Fund instead of 18.5 percent, and boating safety would receive 
18.04 percent instead of 18.5 percent. The administrative set 
aside for the USFWS would become 1.8468 percent of the total 
Fund, rather than a fixed dollar amount as in current statute. 
Funds for the USCG also would become a set aside from the total 
Fund amount, and would be set at 0.3435 percent of the total 
Fund. These changes also would establish that administrative 
payments for the USFWS and the USCG are based on a percentage 
of the total amount collected, and place a limit on the maximum 
amount available per year for each agency: $12,299,000 for the 
USFWS and $2,300,000 for the USCG. The section also would 
provide that $1,500,000 be made available for the National 
Recreational Boating Survey. This section would raise from 
$900,000 to $1,200,000 the limit the Secretary of the Interior 
is authorized to administer the coastal wetlands program, 
qualified projects under the Clean Vessel Act, and boating 
infrastructure improvements (16 U.S.C. 777c(a)).

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 September 30, 2023, the 
current exception that allows transfer to the Fund of 
expenditures to liquidate obligations entered into prior to 
that date.

Section 5. 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 five percent of available 
funds for distribution to national nonprofit public service 
organizations.

Section 6. Recreational boating safety.

    This section would make several conforming changes and 
would authorize funding of the National Boating Safety Advisory 
Council and increase the minimum funding from $2,000,000 to 
$2,500,000 for the USCG Manufacturing Compliance Program.

Section 7. National Boating Safety Advisory Council.

    This section would amend section 13110(e) of title 46, 
United States Code, to authorize the USCG's National Boating 
Safety Advisory Council through September 30, 2023.

Section 8. Plan evaluations.

    This section would increase transparency in how the Army 
Corps of Engineers spends funds for coastal wetlands planning, 
protection, and restoration by asking them to report on how its 
projects funded by this Act improve fish and wildlife habitat 
conditions.

Section 9. Report to Congress.

    This section would require a report to Congress on how the 
USFWS administers the Fund.

                        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):

               DINGELL-JOHNSON SPORT FISH RESTORATION ACT

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

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

                            [16 U.S.C. 777b]

  To carry out the provisions of this Act for fiscal years 
after September 30, 1984, there are authorized to be 
appropriated from the Sport Fish Restoration and Boating Trust 
Fund established by section 9504(a) of the Internal Revenue 
Code of 1954 the amounts paid, transferred, or otherwise 
credited to that Trust Fund, except as provided in section 
9504(c) of the Internal Revenue Code of 1986. For purposes of 
the provision of the Act of August 31, 1951, which refers to 
this section, such amounts shall be treated as the amounts that 
are equal to the revenues described in this section. The 
appropriation made under the provisions of this section for 
each fiscal year shall continue available during succeeding 
fiscal years. So much of such appropriation apportioned to any 
State for any fiscal year as remains unexpended at the close 
thereof is authorized to be made available for expenditure in 
that State until the close of the succeeding fiscal year. Any 
amount apportioned to any State under the provisions of this 
Act which is unexpended or unobligated at the end of the period 
during which it is available for expenditure on any project is 
authorized to be made available for expenditure by the 
Secretary of the Interior to supplement the [57 percent] 57.42 
percent of the balance of each annual appropriation to be 
apportioned among the States, as provided for in section 4(c).

SEC. 4. DIVISION OF ANNUAL APPROPRIATIONS.

                            [16 U.S.C. 777c]

  (a) In General.--For each fiscal year through [2014 and for 
the period beginning on October 1, 2014, and ending on May 31, 
2015,] 2023, 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] 18.54 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] 18.04 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). Not more than 25 percent of such 
        amount may be used for capital improvement and 
        infrastructure projects to support facilities that meet 
        state requires for minimizing the introduction of 
        pollutants into the waterways.
          (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.] Set-asides.--
          (1) In general.--
                  (A) Set-aside for administration.--From the 
                annual appropriation made in accordance with 
                section 3, for each fiscal year ending before 
                October 1, [2014, and for the period beginning 
                on October 1, 2014, and ending on May 31, 
                2015,] 2023, 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;
                          [(ii) for fiscal year 2003, 
                        $8,212,000; and
                          [(iii) for fiscal year 2004 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.]
                          (i) for each of the fiscal years 2016 
                        through 2023, 1.8468 percent of total 
                        annual collections under this Act for 
                        such fiscal year; and
                          (ii) not withstanding clause (i), an 
                        amount that is less than or equal to 
                        $12,299,000.
                  (C) Set-aside for boating safety.--
                          (i) In general.--From the annual 
                        appropriation made in accordance with 
                        section 3, for each fiscal year through 
                        2023, the Secretary shall transfer to 
                        the Secretary of the department in 
                        which the Coast Guard is operating--
                                  (I)(aa) 0.3435 percent of 
                                total annual collections under 
                                this Act to pay the costs of 
                                investigations, personnel, and 
                                activities related to 
                                administering those programs 
                                under section 4(a)(2) (16 
                                U.S.C. 777c(a)(2)); and
                                  (bb) notwithstanding item 
                                (aa), an amount that is less 
                                than or equal to $2,300,000; 
                                and
                                  (II) $1,500,000 shall be made 
                                available for the National 
                                Recreational Boating Survey, 
                                that shall be available until 
                                expended and may be awarded as 
                                a contract or grant by the 
                                Secretary.
                          (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 [under 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 [under 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 [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, 
shall apportion [57 percent] 57.42 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] 
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 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 2016, 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.

SEC. 9. REQUIREMENTS AND RESTRICTIONS CONCERNING USE OF AMOUNTS FOR 
                    EXPENSES FOR ADMINISTRATION.

                            [16 U.S.C. 777h]

  (a) Authorized Expenses for Administration.--Except as 
provided in subsection (b), the Secretary of the Interior may 
use available amounts under [section 4(b)] section 4(b)(1)(B) 
only for expenses for administration that directly support the 
implementation of this Act that consist of--
          (1) personnel costs of employees who directly 
        administer this Act on a full-time basis;
          (2) personnel costs of employees who directly 
        administer this Act on a part-time basis for at least 
        20 hours each week, not to exceed the portion of those 
        costs incurred with respect to the work hours of the 
        employee during which the employee directly administers 
        this Act, as those hours are certified by the 
        supervisor of the employee;
          (3) support costs directly associated with personnel 
        costs authorized under paragraphs (1) and (2), 
        excluding costs associated with staffing and operation 
        of regional offices of the United States Fish and 
        Wildlife Service and the Department of the Interior 
        other than for the purposes of this Act;
          (4) costs of determining under section 6(a) whether 
        State comprehensive plans and projects are substantial 
        in character and design;
          (5) overhead costs, including the costs of general 
        administrative services, that are directly attributable 
        to administration of this Act and are based on--
                  (A) actual costs, as determined by a direct 
                cost allocation methodology approved by the 
                Director of the Office of Management and Budget 
                for use by Federal agencies; and
                  (B) in the case of costs that are not 
                determinable under subparagraph (A), an amount 
                per full-time equivalent employee authorized 
                under paragraphs (1) and (2) that does not 
                exceed the amount charged or assessed for costs 
                per full-time equivalent employee for any other 
                division or program of the United States Fish 
                and Wildlife Service;
          (6) costs incurred in auditing, every 5 years, the 
        wildlife and sport fish activities of each State fish 
        and game department and the use of funds under section 
        6 by each State fish and game department;
          (7) costs of audits under subsection (d);
          (8) costs of necessary training of Federal and State 
        full-time personnel who administer this Act to improve 
        administration of this Act;
          (9) costs of travel to States, territories, and 
        Canada by personnel who--
                  (A) administer this Act on a full-time basis 
                for purposes directly related to administration 
                of State programs or projects; or
                  (B) administer grants under section 6 or 14;
          (10) costs of travel outside the United States 
        (except travel to Canada), by personnel who administer 
        this Act on a full-time basis, for purposes that 
        directly relate to administration of this Act and that 
        are approved directly by the Assistant Secretary for 
        Fish and Wildlife and Parks;
          (11) relocation expenses for personnel who, after 
        relocation, will administer this Act on a full-time 
        basis for at least 1 year, as certified by the Director 
        of the United States Fish and Wildlife Service at the 
        time at which the relocation expenses are incurred; and
          (12) costs to audit, evaluate, approve, disapprove, 
        and advise concerning grants under sections 6 and 14.
  (b) Reporting of Other Uses.--
          (1) In general.--Subject to paragraph (2), if the 
        Secretary of the Interior determines that available 
        amounts under [section 4(b)] section 4(b)(1)(B) should 
        be used for an expense for administration other than an 
        expense for administration described in subsection (a), 
        the Secretary--
                  (A) shall submit to the Committee on 
                Environment and Public Works of the Senate and 
                the Committee on Resources of the House of 
                Representatives a report describing the expense 
                for administration and stating the amount of 
                the expense; and
                  (B) may use any such available amounts for 
                the expense for administration only after the 
                end of the 30-day period beginning on the date 
                of submission of the report under subparagraph 
                (A).
          (2) Maximum amount.--For any fiscal year, the 
        Secretary of the Interior may use under paragraph (1) 
        not more than $25,000. * * *

           *       *       *       *       *       *       *

       COASTAL WETLANDS PLANNING, PROTECTION AND RESTORATION ACT

                            [16 U.S.C. 3952]

SEC. 303. PRIORITY LOUISIANA COASTAL WETLANDS RESTORATION PROJECTS.

           *       *       *       *       *       *       *

  (b) Federal and State Project Planning.--
          (1) Plan preparation.--The Task Force shall prepare a 
        plan to identify coastal wetlands restoration projects, 
        in order of priority, based on the cost-effectiveness 
        of such projects in creating, restoring, protecting, or 
        enhancing the long-term conservation of coastal 
        wetlands, taking into account the quality of such 
        coastal wetlands, with due allowance for small-scale 
        projects necessary to demonstrate the use of new 
        techniques or materials for coastal wetlands 
        restoration. Such restoration plan shall be completed 
        within three years from the date of enactment of this 
        title.
          (2) Purpose of the plan.--The purpose of the 
        restoration plan is to develop a comprehensive approach 
        to restore and prevent the loss of, coastal wetlands in 
        Louisiana. Such plan shall coordinate and integrate 
        coastal wetlands restoration projects in a manner that 
        will ensure the long-term conservation of the coastal 
        wetlands of Louisiana.
          (3) Integration of existing plans.--In developing the 
        restoration plan, the Task Force shall seek to 
        integrate the ``Louisiana Comprehensive Coastal 
        Wetlands Feasibility Study'' conducted by the Secretary 
        of the Army and the ``Coastal Wetlands Conservation and 
        Restoration Plan'' prepared by the State of Louisiana's 
        Wetlands Conservation and Restoration Task Force.
          (4) Elements of the plan.--The restoration plan 
        developed pursuant to this subsection shall include--
                  (A) identification of the entire area in the 
                State that contains coastal wetlands;
                  (B) identification, by map or other means, of 
                coastal areas in Louisiana in need of coastal 
                wetlands restoration projects;
                  (C) identification of high priority coastal 
                wetlands restoration projects in Louisiana 
                needed to address the areas identified in 
                subparagraph (B) and that would provide for the 
                long-term conservation of restored wetlands and 
                dependent fish and wildlife populations;
                  (D) a listing of such coastal wetlands 
                restoration projects, in order of priority, to 
                be submitted annually, incorporating any 
                project identified previously in lists produced 
                and submitted under subsection (a) of this 
                section;
                  (E) a detailed description of each proposed 
                coastal wetlands restoration project, including 
                a justification for including such project on 
                the list;
                  (F) the proposed activities to be carried out 
                pursuant to each coastal wetlands restoration 
                project;
                  (G) the benefits to be realized by each such 
                project;
                  (H) an estimated timetable for completion of 
                each coastal wetlands restoration project;
                  (I) an estimate of the cost of each coastal 
                wetlands restoration project;
                  (J) identification of a lead Task Force 
                member to undertake each proposed coastal 
                wetlands restoration project listed in the 
                plan;
                  (K) consultation with the public and 
                provision for public review during development 
                of the plan; and
                  (L) evaluation of the effectiveness of each 
                coastal wetlands restoration project in 
                achieving long-term solutions to arresting 
                coastal wetlands loss in Louisiana.
          (5) Plan modification.--The Task Force may modify the 
        restoration plan from time to time as necessary to 
        carry out the purposes of this section.
          (6) Plan submission.--Upon completion of the 
        restoration plan, the Secretary shall submit the plan 
        to the Congress. The restoration plan shall become 
        effective ninety days after the date of its submission 
        to the Congress.
          (7) Plan evaluation.--Not less than three years after 
        the completion and submission of the restoration plan 
        required by this subsection and at least every three 
        years thereafter, the Task Force shall provide a report 
        to the Congress containing a scientific evaluation of 
        the effectiveness of the coastal wetlands restoration 
        projects carried out under the plan in creating, 
        restoring, protecting and enhancing coastal wetlands 
        and improvements made to the quality of fish and 
        wildlife habitat conditions in Louisiana.

           *       *       *       *       *       *       *

                     INTERNAL REVENUE CODE OF 1986

                     [Title 26, United States Code]

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.
          (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 [June 1, 2015,] October 1, 2023, 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

Sec. 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.]

Sec. 13107. Authorization of appropriations

  (a)[(1) Subject to paragraph (2) and subsection (c),] Subject 
to 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 
        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) of section 4 of the Dingell-Johnson Sport 
Fish Restoration Act (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.
          [(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.]
title--
                    (A) including the funding of the National 
                Boating Safety Advisory Council established 
                under section 13110 of this title and the 
                authorized activities of the Council, including 
                travel for the council; and
                    (B) of the funds referred to in paragraph 
                (1), not less than $2,500,000 shall be 
                available to the Secretary only to ensure 
                compliance with chapter 43 of this title.

Sec. 13110. National Boating Safety Advisory Council

           *       *       *       *       *       *       *

  (e) The Council shall terminate on September 30, [2020] 2023.

                                  [all]
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