U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

49–010 

" ! SENATE 

114TH CONGRESS

1st Session 

REPORT

2015

114–91 

Calendar No. 162 

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 

JULY 23, 2015.—Ordered to be printed 


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(II) 

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 


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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 


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1Sabrian 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/ 

NMMAlecoimpactlbookletloptimized.pdf. 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/MSlSFRTaxReport2011.pdf. 5 16 U.S.C. 777c(a)(1). 

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

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

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

∑ 18.5 percent to the USCG’s Office of Boating Safety to provide 

grants to States and nonprofit organizations for the development 


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6 16 U.S.C. 777c(a)(1). 

7 16 U.S.C. 777c(a)(3). 

8 16 U.S.C. 777c(a)(4). 

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

10 16 U.S.C. 777c(a)(5). 11 16 U.S.C. 777c(a)(5). 12 16 U.S.C. 777c(c). 

and implementation of a coordinated national recreational boating 

safety program.6

∑ 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

∑ Two percent to a competitive grant program that provides 

matching funds to States to install or upgrade docking facilities for 

transient recreational boats.8

∑ 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

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

a multistate conservation grant program.10

∑ $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

∑ The residuum of Fund receipts to the USFWS Sport Fish Restoration Program, under which funding is apportioned to States on 

a formula basis.12

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 reVerDate Sep 11 2014 05:21 Jul 25, 2015 Jkt 049010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\SR091.XXX SR091

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ceipts, 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. 


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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 


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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 


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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 

ø57 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 ø2014 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 ø18.5 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 ø18.5 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. 


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(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 ending before October 1, ø2014, 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— 

ø(i) for each of fiscal years 2001 and 2002, $9,000,000; 

ø(ii) for fiscal year 2003, $8,212,000; and 

ø(iii) for fiscal year 2004 and each fiscal year thereafter, the sum of— 

ø(I) the available amount for the preceding fiscal year; and 

ø(II) the amount determined by multiplying— 

ø(aa) the available amount for the preceding fiscal year; and 

ø(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, 


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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 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, shall apportion ø57 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.—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 


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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 

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 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 øsection 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; 


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(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 fulltime 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 øsection 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 


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12 

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; 


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(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] 

§ 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 


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(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 øJune 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

§ 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)ø(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 ResVerDate Sep 11 2014 05:21 Jul 25, 2015 Jkt 049010 PO 00000 Frm 00016 Fmt 6659 Sfmt 6602 E:\HR\OC\SR091.XXX SR091

SSpencer on DSK4SPTVN1PROD with REPORTS
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toration 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. 

ø(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 øtitle. 

ø(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. 


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16 

ø(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. 

ø(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. 

§ 13110. National Boating Safety Advisory Council 

* * * * * * * 

(e) The Council shall terminate on September 30, ø2020¿ 2023. 

Æ 


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