II 

108TH CONGRESS 

1ST SESSION S. 1804

To reauthorize programs relating to sport fishing and recreational boating 

safety, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 30, 2003

Mr. BREAUX (for himself, Mr. LOTT, and Mr. HOLLINGS) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL

To reauthorize programs relating to sport fishing and 

recreational boating safety, and for other purposes.

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Sport Fishing and Rec5 reational Boating Safety Act’’. 
2

•S 1804 IS 

1 TITLE I—FEDERAL AID IN SPORT 

2 FISH RESTORATION ACT 

3 AMENDMENTS 

4 SEC. 101. AMENDMENT OF FEDERAL AID IN FISH RESTORA5 TION ACT. 

6 Except as otherwise expressly provided, whenever in 

7 this title an amendment or repeal is expressed in terms 

8 of an amendment to, or repeal of, a section or other provi9 sion, the reference shall be considered to be made to a 

10 section or other provision of the Act entitled ‘‘An Act to 

11 provide that the United States shall aid the States in fish 

12 restoration and management projects, and for other pur13 poses,’’ approved August 9, 1950 (64 Stat. 430; 16 U.S.C. 

14 777 et seq.). 

15 SEC. 102. AUTHORIZATION OF APPROPRIATIONS. 

16 Section 3 (16 U.S.C. 777b) is amended—

17 (1) by striking ‘‘the succeeding fiscal year.’’ in 

18 the third sentence and inserting ‘‘succeeding fiscal 

19 years.’’; and 

20 (2) by striking ‘‘in carrying on the research 

21 program of the Fish and Wildlife Service in respect 

22 to fish of material value for sport and recreation.’’ 

23 and inserting ‘‘to supplement the 55.3 percent of 

24 each annual appropriation to be apportioned among 
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1 the States, as provided for in section 4(b) of this 

2 Act.’’. 

3 SEC. 103. DIVISION OF ANNUAL APPROPRIATIONS. 

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

5 (1) by striking subsections (a) through (d) and 

6 redesignating subsections (e), (f), and (g) as sub7 sections (b), (c), and (d); 

8 (2) by inserting before subsection (b), as redes9 ignated, the following: 

10 ‘‘(a) IN GENERAL.—For fiscal years 2004 through 

11 2009, each annual appropriation made in accordance with 

12 the provisions of section 3 of this Act shall be distributed 

13 as follows: 

14 ‘‘(1) COASTAL WETLANDS.—18 percent to the 

15 Secretary of the Interior for distribution as provided 

16 in the Coastal Wetlands Planning, Protection, and 

17 Restoration Act (16 U.S.C. 3951 et seq.). 

18 ‘‘(2) BOATING SAFETY.—18 percent to the Sec19 retary of Homeland Security for State recreational 

20 boating safety programs under section 13106 of title 

21 46, United States Code. 

22 ‘‘(3) CLEAN VESSEL ACT.—1.9 percent to the 

23 Secretary of the Interior for qualified projects under 

24 section 5604(c) of the Clean Vessel Act of 1992 (33 

25 U.S.C. 1322 note). 
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1 ‘‘(4) BOATING INFRASTRUCTURE.—1.9 percent 

2 to the Secretary of the Interior for obligation for 

3 qualified projects under section 7404(d) of the 

4 Sportfishing and Boating Safety Act of 1998 (16 

5 U.S.C. 777g–1(d)). 

6 ‘‘(5) NATIONAL OUTREACH AND COMMUNICA7 TIONS.—1.9 percent to the Secretary of the Interior 

8 for the National Outreach and Communications Pro9 gram under section 8(d) of this Act. Such amounts 

10 shall remain available for 3 fiscal years, after which 

11 any portion thereof that is unobligated by the Sec12 retary for that program may be expended by the 

13 Secretary under subsection (b) of this section. 

14 ‘‘(6) SET-ASIDE FOR EXPENSES FOR ADMINIS15 TRATION OF THIS CHAPTER.—

16 ‘‘(A) IN GENERAL.—2.1 percent to the 

17 Secretary of the Interior for expenses for ad18 ministration incurred in implementation of this 

19 Act, in accordance with this section, section 9, 

20 and section 14 of this Act. 

21 ‘‘(B) APPORTIONMENT OF UNOBLIGATED

22 FUNDS.—If any portion of the amount made 

23 available to the Secretary under subparagraph 

24 (A) remains unexpended and unobligated at the 

25 end of a fiscal year, that portion shall be appor-
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1 tioned among the States, on the same basis and 

2 in the same manner as other amounts made 

3 available under this Act are apportioned among 

4 the States under subsection (b) of this section, 

5 within 60 days after the end of that fiscal year. 

6 Any amount apportioned among the States 

7 under this subparagraph shall be in addition to 

8 any amounts otherwise available for apportion9 ment among the States under subsection (b) for 

10 the fiscal year.’’; 

11 (3) by striking ‘‘of the Interior, after the dis12 tribution, transfer, use, and deduction under sub13 sections (a), (b), (c), and (d), respectively, and after 

14 deducting amounts used for grants under section 14, 

15 shall apportion the remainder’’ in subsection (b), as 

16 redesignated, and inserting ‘‘shall apportion 55.3 

17 percent’’; 

18 (4) by striking ‘‘per centum’’ each place it ap19 pears in subsection (b), as redesignated, and insert20 ing ‘‘percent’’; 

21 (5) by striking ‘‘subsections (a), (b)(3)(A), 

22 (b)(3)(B), and (c)’’ in paragraph (1) of subsection 

23 (d), as redesignated, and inserting ‘‘paragraphs (1), 

24 (3), (4), and (5) of subsection (a)’’; and 

25 (6) by adding at the end the following: 
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1 ‘‘(e) TRANSFER OF CERTAIN FUNDS.—Amounts 

2 available under paragraphs (3) and (4) of subsection (a) 

3 that are unobligated by the Secretary after 3 fiscal years 

4 shall be transferred to the Secretary of Homeland Security 

5 and shall be expended for State recreational boating safety 

6 programs under section 13106(a) of title 46, United 

7 States Code.’’. 

8 SEC. 104. MAINTENANCE OF PROJECTS. 

9 Section 8 (16 U.S.C. 777g) is amended—

10 (1) by striking ‘‘in carrying out the research 

11 program of the Fish and Wildlife Service in respect 

12 to fish of material value for sport or recreation.’’ in 

13 subsection (b)(2) and inserting ‘‘to supplement the 

14 55.3 percent of each annual appropriation to be ap15 portioned among the States under section 4(b) of 

16 this Act.’’; and 

17 (2) by striking ‘‘subsection (c) or (d) of section 

18 4’’ in subsection (d)(3) and inserting ‘‘paragraph (5) 

19 or (6) of section 4(a)’’. 

20 SEC. 105. BOATING INFRASTRUCTURE. 

21 Section 7404(d)(1) of the Sportfishing and Boating 

22 Safety Act of 1998 (16 U.S.C. 777g–1(d)(1)) is amended 

23 by striking ‘‘section 4(b)(3)(B)’’ and inserting ‘‘section 

24 4(a)(4)’’.
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1 SEC. 106. REQUIREMENTS AND RESTRICTIONS CON2 CERNING USE OF AMOUNTS FOR EXPENSES 

3 FOR ADMINISTRATION. 

4 Section 9 (16 U.S.C. 777h) is amended—

5 (1) by striking ‘‘section 4(d)(1)’’ in subsection 

6 (a) and inserting ‘‘section 4(a)(6)’’; and 

7 (2) by striking ‘‘section 4(d)(1)’’ in subsection 

8 (b)(1) and inserting ‘‘section 4(a)(6)’’. 

9 SEC. 107. PAYMENTS OF FUNDS TO AND COOPERATION 

10 WITH PUERTO RICO, THE DISTRICT OF CO11 LUMBIA, GUAM, AMERICAN SAMOA, COMMON12 WEALTH OF THE NORTHERN MARINA IS13 LANDS, AND VIRGIN ISLANDS. 

14 Section 12 (16 U.S.C. 777k) is amended by striking 

15 ‘‘in carrying on the research program of the Fish and 

16 Wildlife Service in respect to fish of material value for 

17 sport or recreation.’’ and inserting ‘‘to supplement the 

18 55.3 percent of each annual appropriation to be appor19 tioned among the States under section 4(b) of this Act.’’. 

20 SEC. 108. MULTISTATE CONSERVATION GRANT PROGRAM. 

21 Section 14 (16 U.S.C. 777m) is amended—

22 (1) by striking so much of subsection (a) as 

23 precedes paragraph (2) and inserting the following: 

24 ‘‘(a) IN GENERAL.—

25 ‘‘(1) AMOUNT FOR GRANTS.—For each of fiscal 

26 years 2004 through 2009, 0.9 percent of each an-
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1 nual appropriation made in accordance with the pro2 visions of section 3 of this Act shall be distributed 

3 to the Secretary of the Interior for making 

4 multistate conservation project grants in accordance 

5 with this section.’’; 

6 (2) by striking ‘‘section 4(e)’’ each place it ap7 pears in subsection (a)(2)(B) and inserting ‘‘section 

8 4(b)’’; and 

9 (3) by striking ‘‘Of the balance of each annual 

10 appropriation made under section 3 remaining after 

11 the distribution and use under subsections (a), (b), 

12 and (c) of section 4 for each fiscal year and after 

13 deducting amounts used for grants under subsection 

14 (a)—’’ in subsection (e) and inserting ‘‘Of amounts 

15 made available under section 4(a)(6) for each fiscal 

16 year—’’. 

17 TITLE II—AMENDMENTS TO THE 

18 TRUST FUND CODE 

19 SEC. 201. TRANSFERS FROM THE TRUST FUND FOR MOTOR20 BOAT FUEL TAXES. 

21 Paragraph (4) of section 9503(c) of the Internal Rev22 enue Code of 1986 (26 U.S.C. 9503(c)) is amended—

23 (1) by striking so much of that paragraph as 

24 precedes subparagraph (C) and inserting the fol25 lowing: 
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•S 1804 IS 

1 ‘‘(4) TRANSFERS FROM THE TRUST FUND FOR MO2 TORBOAT FUEL TAXES.—

3 ‘‘(A) TRANSFER TO LAND AND WATER CON4 SERVATION FUND.—

5 ‘‘(i) IN GENERAL.—The Secretary shall 

6 pay from time to time from the Highway Trust 

7 Fund into the land and water conservation fund 

8 provided for in title I of the Land and Water 

9 Conservation Fund Act of 1965 amounts (as 

10 determined by him) equivalent to the motorboat 

11 fuel taxes received on or after October 1, 2003, 

12 and before October 1, 2009. 

13 ‘‘(ii) LIMITATION.—The aggregate amount 

14 transferred under this subparagraph during any 

15 fiscal year shall not exceed $1,000,000. 

16 ‘‘(B) EXCESS FUNDS TRANSFERRED TO SPORT

17 FISH RESTORATION ACCOUNT.—Any amounts re18 ceived in the Highway Trust Fund—

19 ‘‘(i) which are attributable to motorboat 

20 fuel taxes, and 

21 ‘‘(ii) which are not transferred from the 

22 Highway Trust Fund under subparagraph (A), 

23 shall be transferred by the Secretary from the High24 way Trust Fund into the Sport Fish Restoration Ac25 count in the Aquatic Resources Trust Fund.’’; and 
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1 (2) By striking subparagraph (C) and redesig2 nating subparagraphs (D) and (E) as subparagraphs 

3 (C) and (D), respectively. 

4 SEC. 202. EXPENDITURES FROM THE BOAT SAFETY AC5 COUNT. 

6 Section 9504(c) of the Internal Revenue Code of 

7 1986 (26 U.S.C. 9504(c)) is amended to read as follows: 

8 ‘‘(c) EXPENDITURES FROM BOAT SAFETY AC9 COUNT.—Amounts in the Boat Safety Account on the date 

10 of enactment of the Sport Fishing and Recreational Boat11 ing Safety Act, and amounts thereafter credited to the Ac12 count under section 9602(b), shall be available, without 

13 further appropriation, in the following amounts: 

14 ‘‘(1) In fiscal year 2004, $28,155,000 shall be 

15 distributed—

16 ‘‘(A) under section 4 of the Act entitled 

17 ‘‘An Act to provide that the United States shall 

18 aid the States in fish restoration and manage19 ment projects, and for other purposes,’’ ap20 proved August 9, 1950 (16 U.S.C. 777c) in the 

21 following manner: 

22 ‘‘(i) $11,200,000 to be added to funds 

23 available under subsection (a)(2) of that 

24 section, 
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1 ‘‘(ii) $1,245,000 to be added to funds 

2 available under subsection (a)(3) of that 

3 section, 

4 ‘‘(iii) $1,245,000 to be added to funds 

5 available under subsection (a)(4) of that 

6 section, 

7 ‘‘(iv) $1,245,000 to be added to funds 

8 available under subsection (a)(5) of that 

9 section, and 

10 ‘‘(v) $12,800,000 to be added to 

11 funds available under subsection (b) of 

12 that section, and 

13 ‘‘(B) under section 14 of that Act (16 

14 U.S.C. 777m), $420,000, to be added to funds 

15 available under subsection (a)(1) of that sec16 tion. 

17 ‘‘(2) In fiscal year 2005, $22,419,000 shall be 

18 distributed—

19 ‘‘(A) under section 4 of that Act (16 

20 U.S.C. 777c) in the following manner: 

21 ‘‘(i) $8,075,000 to be added to funds 

22 available under subsection (a)(2) of that 

23 section, 
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1 ‘‘(ii) $713,000 to be added to funds 

2 available under subsection (a)(3) of that 

3 section, 

4 ‘‘(iii) $713,000 to be added to funds 

5 available under subsection (a)(4) of that 

6 section, 

7 ‘‘(iv) $713,000 to be added to funds 

8 available under subsection (a)(5) of that 

9 section, and 

10 ‘‘(v) $11,925,000 to be added to 

11 funds available under subsection (b) of 

12 that Act, and 

13 ‘‘(B) under section 14 of that Act (16 

14 U.S.C. 777m), $280,000 to be added to funds 

15 available under subsection (a)(1) of that sec16 tion. 

17 ‘‘(3) In fiscal year 2006, $17,139,000 shall be 

18 distributed—

19 ‘‘(A) under section 4 of that Act (16 

20 U.S.C. 777c) in the following manner: 

21 ‘‘(i) $6,800,000 to be added to funds 

22 available under subsection (a)(2) of that 

23 section,
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1 ‘‘(ii) $333,000 to be added to funds 

2 available under subsection (a)(3) of that 

3 section, 

4 ‘‘(iii) $333,000 to be added to funds 

5 available under subsection (a)(4) of that 

6 section, 

7 ‘‘(iv) $333,000 to be added to funds 

8 available under subsection (a)(5) of that 

9 section, and 

10 ‘‘(v) $9,200,000 to be added to funds 

11 available under subsection (b) of that sec12 tion, and 

13 ‘‘(B) under section 14 of that Act (16 

14 U.S.C. 777m), $140,000, to be added to funds 

15 available under subsection (a)(1) of that sec16 tion. 

17 ‘‘(4) In fiscal year 2007, $12,287,000 shall be 

18 distributed—

19 ‘‘(A) under section 4 of that Act (16 

20 U.S.C. 777c) in the following manner: 

21 ‘‘(i) $5,100,000 to be added to funds 

22 available under subsection (a)(2) of that 

23 section, 
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1 ‘‘(ii) $48,000 to be added to funds 

2 available under subsection (a)(3) of that 

3 section, 

4 ‘‘(iii) $48,000 to be added to funds 

5 available under subsection (a)(4) of that 

6 section, 

7 ‘‘(iv) $48,000 to be added to funds 

8 available under subsection (a)(5) of that 

9 section, and 

10 ‘‘(v) $6,900,000 to be added to funds 

11 available under subsection (b) of that sec12 tion, and 

13 ‘‘(B) under section 14 of that Act (16 

14 U.S.C. 777m), $143,000, to be added to funds 

15 available under subsection (a)(1) of that sec16 tion. 

17 ‘‘(5) In fiscal year 2008, all remaining funds in 

18 the Account shall be distributed under section 4 of 

19 that Act (16 U.S.C. 777c) in the following manner: 

20 ‘‘(A) one-third to be added to funds avail21 able under subsection (b), and 

22 ‘‘(B) two-thirds to be added to funds avail23 able under subsection (h).’’. 
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1 TITLE III—CLEAN VESSEL ACT 

2 AMENDMENTS 

3 SEC. 301. GRANT PROGRAM. 

4 Section 5604(C)(2) of the Clean Vessel Act of 1992 

5 (33 U.S.C. 1322 note) is amended—

6 (1) by striking subparagraph (A); and 

7 (2) by redesignating subparagraphs (B) and 

8 (C) as subparagraphs (A) and (B), respectively. 

9 TITLE IV—RECREATIONAL BOAT10 ING SAFETY PROGRAM 

11 AMENDMENTS 

12 SEC. 401. STATE MATCHING FUNDS REQUIREMENT. 

13 Section 13103(b) of title 46, United States Code, is 

14 amended by striking ‘‘one-half’’ and inserting ‘‘75 per15 cent’’. 

16 SEC. 402. AVAILABILITY OF ALLOCATIONS. 

17 Section 13104(a) of title 46, United States Code, is 

18 amended— 

19 (1) by striking ‘‘2 years’’ in paragraph (1) and 

20 inserting ‘‘3 years’’; and 

21 (2) by striking ‘‘2-year’’ in paragraph (2) and 

22 inserting ‘‘3-year’’. 
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•S 1804 IS 

1 SEC. 403. AUTHORIZATION OF APPROPRIATIONS FOR 

2 STATE RECREATIONAL BOATING SAFETY 

3 PROGRAMS. 

4 Section 13106(c) of title 46, United States Code, is 

5 amended—

6 (1) by striking ‘‘Secretary of Transportation 

7 under paragraphs (2) and (3) of section 4(b)’’ and 

8 inserting ‘‘Secretary under subsections (a)(2) and 

9 (e) of section 4’’; and 

10 (2) by inserting ‘‘a minimum of’’ before 

11 ‘‘$2,000,000’’. 

12 SEC. 404. MAINTENANCE OF EFFORT FOR STATE REC13 REATIONAL BOATING SAFETY PROGRAMS. 

14 (a) IN GENERAL.—Chapter 131 of title 46, United 

15 States Code, is amended by inserting after section 13106 

16 the following: 

17 ‘‘§ 13107. Maintenance of effort for State recreational boating 

18 safety programs 

19 ‘‘(a) IN GENERAL.—The amount payable to a State 

20 for a fiscal year from an allocation under section 13103 

21 of this chapter shall be reduced if the usual amounts ex22 pended by the State for the State’s recreational boating 

23 safety program, as determined under section 13105 of this 

24 chapter, for the previous fiscal year is less than the aver25 age of the total of such expenditures for the 3 fiscal years 

26 immediately preceding that previous fiscal year. The re-
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1 duction shall be proportionate, as a percentage, to the 

2 amount by which the level of State expenditures for such 

3 previous fiscal year is less than the average of the total 

4 of such expenditures for the 3 fiscal years immediately 

5 preceding that previous fiscal year. 

6 ‘‘(b) REDUCTION OF THRESHHOLD.—If the total 

7 amount available for allocation and distribution under this 

8 chapter in a fiscal year for all participating State rec9 reational boating safety programs is less than such 

10 amount for the preceding fiscal year, the level of State 

11 expenditures required under subsection (a) of this section 

12 for the preceding fiscal year shall be decreased proportion13 ately. 

14 ‘‘(c) WAIVER.—

15 ‘‘(1) IN GENERAL.—Upon the written request 

16 of a State, the Secretary may waive the provisions 

17 of subsection (a) of this section for 1 fiscal year if 

18 the Secretary determines that a reduction in expend19 itures for the State’s recreational boating safety pro20 gram is attributable to a non-selective reduction in 

21 expenditures for the programs of all Executive 

22 branch agencies of the State government, or for 

23 other reasons if the State demonstrates to the Sec24 retary’s satisfaction that such waiver is warranted. 
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1 ‘‘(2) 30-DAY DECISION.—The Secretary shall 

2 approve or deny a request for a waiver not later 

3 than 30 days after the date the request is received.’’. 

4 (b) CONFORMING AMENDMENT.—The chapter anal5 ysis for chapter 131 of title 46, United States Code, is 

6 amended by inserting after the item relating to section 

7 13106 the following:

‘‘13107. Maintenance of effort for State recreational boating safety programs.’’.

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