II 

Calendar No. 162 

114TH CONGRESS 

1ST SESSION S. 834 

[Report No. 114–91] 

To amend the law relating to sport fish restoration and recreational boating 

safety, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 23, 2015 

Mr. THUNE (for himself, Mr. INHOFE, Mr. NELSON, and Mr. CARDIN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

JULY 23, 2015 

Reported by Mr. THUNE, with an amendment 

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

A BILL 

To amend the law relating to sport fish restoration 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 Fish Restoration 

5 and Recreational Boating Safety Act’’. 


Emcdonald on DSK67QTVN1PROD with BILLS
2 

•S 834 RS

1 SEC. 2. AUTHORIZATION OF APPROPRIATIONS. 

2 Section 3 of the Dingell-Johnson Sport Fish Restora3 tion Act (16 U.S.C. 777b) is amended by striking ‘‘57 per4 cent’’ and inserting ‘‘57.42 percent’’. 

5 SEC. 3. DIVISION OF ANNUAL APPROPRIATIONS. 

6 Section 4 of the Dingell-Johnson Sport Fish Restora7 tion Act (16 U.S.C. 777c) is amended— 

8 (1) in subsection (a)— 

9 (A) in the matter preceding paragraph (1), 

10 by striking ‘‘2014 and for the period beginning 

11 on October 1, 2014, and ending on May 31, 

12 2015,’’ and inserting ‘‘2023,’’; 

13 (B) in paragraph (1), by striking ‘‘18.5 

14 percent’’ and inserting ‘‘18.54 percent’’; 

15 (C) in paragraph (2), by striking ‘‘18.5 

16 percent’’ and inserting ‘‘18.04 percent’’; and 

17 (D) in paragraph (3), by adding at the end 

18 ‘‘Not more than 25 percent of such amount 

19 may be used for capital improvement and infra20 structure projects to support facilities that meet 

21 state requires for minimizing the introduction 

22 of pollutants into the waterways.’’; 

23 (2) by amending the heading in subsection (b) 

24 to read as follows: ‘‘SET-ASIDES.—’’; 

25 (3) in subsection (b)(1)— 


Emcdonald on DSK67QTVN1PROD with BILLS
3 

•S 834 RS

1 (A) in subparagraph (A), by striking 

2 ‘‘2014, and for the period beginning on October 

3 1, 2014, and ending on May 31, 2015,’’ and in4 serting ‘‘2023,’’; 

5 (B) in subparagraph (B), by striking 

6 clauses (i), (ii), and (iii), and inserting the fol7 lowing: 

8 ‘‘(i) for each of the fiscal years 2016 

9 through 2022, 1.8468 percent of total an10 nual collections under this Act for such fis11 cal year; and 

12 ‘‘(ii) not withstanding clause (i), an 

13 amount that is less than or equal to 

14 $12,299,000.’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(C) SET-ASIDE FOR BOATING SAFETY.— 

17 ‘‘(i) IN GENERAL.—From the annual 

18 appropriation made in accordance with sec19 tion 3, for each fiscal year through 2023, 

20 the Secretary shall transfer to the Sec21 retary of the department in which the 

22 Coast Guard is operating— 

23 ‘‘(I)(aa) 0.34325 percent of total 

24 annual collections under this Act for 

25 the purposes set forth in section 


Emcdonald on DSK67QTVN1PROD with BILLS
4 

•S 834 RS

1 13107(c) of title 46, United States 

2 Code; and 

3 ‘‘(bb) notwithstanding item (aa), 

4 an amount that is less than or equal 

5 to $2,300,000; 

6 ‘‘(II) not less than $5,500,000 

7 for national boating safety activities 

8 of national nonprofit public service or9 ganizations, including the funding of 

10 National Boating Safety Advisory 

11 Council established under section 

12 13110 of title 46, United States Code, 

13 and the authorized activities of the 

14 Council, including travel for the coun15 cil; and 

16 ‘‘(III) $1,500,000 shall be made 

17 available for the National Recreational 

18 Boating Survey. 

19 ‘‘(ii) LIMITATION.—The amounts 

20 specified in clause (i) for a fiscal year may 

21 not be included in the amount of the an22 nual appropriation distributed under sub23 section (a) of this section for the fiscal 

24 year.’’; 

25 (4) in subsection (b)(2)— 


Emcdonald on DSK67QTVN1PROD with BILLS
5 

•S 834 RS

1 (A) in subparagraph (A), by striking 

2 ‘‘under paragraph (1) shall remain available for 

3 obligation for use under that paragraph’’ and 

4 inserting ‘‘under paragraph (1)(B) shall remain 

5 available for obligation for use under paragraph 

6 (1)(A)’’; and 

7 (B) in subparagraph (B)— 

8 (i) by striking ‘‘under paragraph (1)’’ 

9 and inserting ‘‘under paragraph (1)(B)’’; 

10 and 

11 (ii) by striking ‘‘subsection (e)’’ and 

12 inserting ‘‘subsection (c)’’; 

13 (5) in subsection (c), by striking ‘‘57 percent’’ 

14 and inserting ‘‘57.42 percent’’; 

15 (6) in subsection (d), by striking ‘‘So much of 

16 any sum not allocated’’ and inserting ‘‘Except as 

17 otherwise provided in this section, so much of any 

18 sum not allocated’’; and 

19 (7) in subsection (e)— 

20 (A) in paragraph (1), by striking ‘‘those 

21 subsections’’ and inserting ‘‘those paragraphs’’; 

22 (B) by amending paragraph (2) to read as 

23 follows: 

24 ‘‘(2) MAXIMUM AMOUNT.—For fiscal year 

25 2016, the Secretary of the Interior may use not 


Emcdonald on DSK67QTVN1PROD with BILLS
6 

•S 834 RS

1 more than $1,200,000 in accordance with paragraph 

2 (1). For each fiscal year thereafter, the maximum 

3 amount that the Secretary of the Interior may use 

4 in accordance with paragraph (1) shall be deter5 mined under paragraph (3).’’; and 

6 (C) by adding at the end the following: 

7 ‘‘(3) ANNUAL ADJUSTED MAXIMUM AMOUNT.— 

8 The maximum amount referred to in paragraph (2) 

9 for fiscal year 2016 and each fiscal year thereafter 

10 shall be the sum of— 

11 ‘‘(A) the available maximum amount for 

12 the preceding fiscal year; and 

13 ‘‘(B) the amount determined by multi14 plying— 

15 ‘‘(i) the available maximum amount 

16 for the preceding fiscal year; and 

17 ‘‘(ii) the change, relative to the pre18 ceding fiscal year, in the Consumer Price 

19 Index for All Urban Consumers published 

20 by the Department of Labor.’’. 

21 SEC. 4. EXTENSION OF EXCEPTION TO LIMITATION ON 

22 TRANSFERS TO FUND. 

23 Section 9504(d)(2) of the Internal Revenue Code of 

24 1986 is amended by striking ‘‘2015,’’ and inserting 

25 ‘‘2023,’’. 


Emcdonald on DSK67QTVN1PROD with BILLS
7 

•S 834 RS

1 SEC. 5. RECREATIONAL BOATING SAFETY ALLOCATIONS. 

2 Section 13104 of title 46, United States Code, is 

3 amended by striking subsection (c). 

4 SEC. 6. RECREATIONAL BOATING SAFETY. 

5 Section 13107(c) of title 46, United States Code, is 

6 amended— 

7 (1) in paragraph (1)— 

8 (A) by striking ‘‘subsection (a)(2)’’ and in9 serting ‘‘subsection (b)(1)(C)’’; and 

10 (B) by striking ‘‘(16 U.S.C. 777c(a)(2))’’ 

11 and all that follows through the end and insert12 ing ‘‘(16 U.S.C. 777c(b)(1)(C))— 

13 ‘‘(A)(i) 0.34325 percent of total annual 

14 collections under this Act is available to the 

15 Secretary for payment of expenses of the Coast 

16 Guard for personnel and activities directly re17 lated to coordinating and carrying out the na18 tional recreational boating safety program 

19 under this title; and 

20 ‘‘(ii) notwithstanding clause (i), the 

21 amount referred to in (i) may not exceed 

22 $2,300,000; and 

23 ‘‘(B) not less than $5,500,000 is available 

24 for national boating safety activities of national 

25 nonprofit public service organizations, including 

26 the funding of National Boating Safety AdviVerDate Sep 11 2014 23:50 Jul 23, 2015 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S834.RS S834

Emcdonald on DSK67QTVN1PROD with BILLS
8 

•S 834 RS

1 sory Council established under section 13110 of 

2 title 46, United States Code, and the authorized 

3 activities of the Council, including travel for the 

4 council.’’; and 

5 (2) in paragraph (3), by striking ‘‘Amounts 

6 made available’’ and inserting ‘‘Except for amounts 

7 made available by paragraph (1)(B), amounts made 

8 available’’. 

9 SEC. 7. NATIONAL BOATING SAFETY ADVISORY COUNCIL. 

10 Section 13110(e) of title 46, United States Code, is 

11 amended by striking ‘‘2020’’ and inserting ‘‘2023’’. 

12 SECTION 1. SHORT TITLE. 

13 This Act may be cited as the ‘‘Sport Fish Restoration 

14 and Recreational Boating Safety Act’’. 

15 SEC. 2. AUTHORIZATION OF APPROPRIATIONS. 

16 Section 3 of the Dingell-Johnson Sport Fish Restora17 tion Act (16 U.S.C. 777b) is amended by striking ‘‘57 per18 cent’’ and inserting ‘‘57.42 percent’’. 

19 SEC. 3. DIVISION OF ANNUAL APPROPRIATIONS. 

20 (a) IN GENERAL.—Section 4 of the Dingell-Johnson 

21 Sport Fish Restoration Act (16 U.S.C. 777c) is amended— 

22 (1) in subsection (a)— 

23 (A) in the matter preceding paragraph (1), 

24 by striking ‘‘2014 and for the period beginning 


Emcdonald on DSK67QTVN1PROD with BILLS
9 

•S 834 RS

1 on October 1, 2014, and ending on May 31, 

2 2015,’’ and inserting ‘‘2023,’’; 

3 (B) in paragraph (1), by striking ‘‘18.5 

4 percent’’ and inserting ‘‘18.54 percent’’; 

5 (C) in paragraph (2), by striking ‘‘18.5 per6 cent’’ and inserting ‘‘18.04 percent’’; and 

7 (D) in paragraph (3), by adding at the end 

8 ‘‘Not more than 25 percent of such amount may 

9 be used for capital improvement and infrastruc10 ture projects to support facilities that meet State 

11 requirements for minimizing the introduction of 

12 pollutants into the waterways.’’; 

13 (2) by amending the heading in subsection (b) to 

14 read as follows: ‘‘SET-ASIDES.—’’; 

15 (3) in subsection (b)(1)— 

16 (A) in subparagraph (A), by striking 

17 ‘‘2014, and for the period beginning on October 

18 1, 2014, and ending on May 31, 2015,’’ and in19 serting ‘‘2023,’’; 

20 (B) in subparagraph (B), by striking 

21 clauses (i), (ii), and (iii), and inserting the fol22 lowing: 

23 ‘‘(i) for each of the fiscal years 2016 

24 through 2023, 1.8468 percent of total anVerDate Sep 11 2014 23:50 Jul 23, 2015 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\S834.RS S834

Emcdonald on DSK67QTVN1PROD with BILLS
10 

•S 834 RS

1 nual collections under this Act for such fis2 cal year; and 

3 ‘‘(ii) not withstanding clause (i), an 

4 amount that is less than or equal to 

5 $12,299,000.’’; and 

6 (C) by adding at the end the following: 

7 ‘‘(C) SET-ASIDE FOR BOATING SAFETY.— 

8 ‘‘(i) IN GENERAL.—From the annual 

9 appropriation made in accordance with sec10 tion 3, for each fiscal year through 2023, 

11 the Secretary shall transfer to the Secretary 

12 of the department in which the Coast Guard 

13 is operating— 

14 ‘‘(I)(aa) 0.3435 percent of total 

15 annual collections under this Act to 

16 pay the costs of investigations, per17 sonnel, and activities related to admin18 istering those programs under section 

19 4(a)(2) (16 U.S.C. 777c(a)(2)); and 

20 ‘‘(bb) notwithstanding item (aa), 

21 an amount that is less than or equal to 

22 $2,300,000; and 

23 ‘‘(II) $1,500,000 shall be made 

24 available for the National Recreational 

25 Boating Survey, that shall be available 


Emcdonald on DSK67QTVN1PROD with BILLS
11 

•S 834 RS

1 until expended and may be awarded as 

2 a contract or grant by the Secretary. 

3 ‘‘(ii) LIMITATION.—The amounts speci4 fied in clause (i) for a fiscal year may not 

5 be included in the amount of the annual ap6 propriation distributed under subsection (a) 

7 of this section for the fiscal year.’’; 

8 (4) in subsection (b)(2)— 

9 (A) in subparagraph (A), by striking 

10 ‘‘under paragraph (1) shall remain available for 

11 obligation for use under that paragraph’’ and 

12 inserting ‘‘under paragraph (1)(B) shall remain 

13 available for obligation for use under paragraph 

14 (1)(A)’’; and 

15 (B) in subparagraph (B)— 

16 (i) by striking ‘‘under paragraph (1)’’ 

17 and inserting ‘‘under paragraph (1)(B)’’; 

18 and 

19 (ii) by striking ‘‘subsection (e)’’ and 

20 inserting ‘‘subsection (c)’’; 

21 (5) in subsection (c), by striking ‘‘57 percent’’ 

22 and inserting ‘‘57.42 percent’’; 

23 (6) in subsection (d), by striking ‘‘So much of 

24 any sum not allocated’’ and inserting ‘‘Except as othVerDate Sep 11 2014 23:50 Jul 23, 2015 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\S834.RS S834

Emcdonald on DSK67QTVN1PROD with BILLS
12 

•S 834 RS

1 erwise provided in this section, so much of any sum 

2 not allocated’’; and 

3 (7) in subsection (e)— 

4 (A) in paragraph (1), by striking ‘‘those 

5 subsections’’ and inserting ‘‘those paragraphs’’; 

6 (B) by amending paragraph (2) to read as 

7 follows: 

8 ‘‘(2) MAXIMUM AMOUNT.—For fiscal year 2016, 

9 the Secretary of the Interior may use not more than 

10 $1,200,000 in accordance with paragraph (1). For 

11 each fiscal year thereafter, the maximum amount that 

12 the Secretary of the Interior may use in accordance 

13 with paragraph (1) shall be determined under para14 graph (3).’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(3) ANNUAL ADJUSTED MAXIMUM AMOUNT.— 

17 The maximum amount referred to in paragraph (2) 

18 for fiscal year 2016 and each fiscal year thereafter 

19 shall be the sum of— 

20 ‘‘(A) the available maximum amount for the 

21 preceding fiscal year; and 

22 ‘‘(B) the amount determined by multi23 plying— 

24 ‘‘(i) the available maximum amount 

25 for the preceding fiscal year; and 


Emcdonald on DSK67QTVN1PROD with BILLS
13 

•S 834 RS

1 ‘‘(ii) the change, relative to the pre2 ceding fiscal year, in the Consumer Price 

3 Index for All Urban Consumers published 

4 by the Department of Labor.’’. 

5 (b) CONFORMING AMENDMENT.—Section 9 of the Din6 gell-Johnson Sport Fish Restoration Act (16 U.S.C. 777h) 

7 is amended— 

8 (1) in subsection (a), by striking ‘‘section 4(b)’’ 

9 and inserting ‘‘section 4(b)(1)(B)’’; and 

10 (2) in subsection (b)(1), by striking ‘‘section 

11 4(b)’’ and inserting ‘‘section 4(b)(1)(B)’’. 

12 SEC. 4. EXTENSION OF EXCEPTION TO LIMITATION ON 

13 TRANSFERS TO FUND. 

14 Section 9504(d)(2) of the Internal Revenue Code of 

15 1986 is amended by striking ‘‘June 1, 2015,’’ and inserting 

16 ‘‘October 1, 2023,’’. 

17 SEC. 5. RECREATIONAL BOATING SAFETY ALLOCATIONS. 

18 Section 13104 of title 46, United States Code, is 

19 amended by striking subsection (c). 

20 SEC. 6. RECREATIONAL BOATING SAFETY. 

21 Section 13107 of title 46, United States Code, is 

22 amended— 

23 (1) in subsection (a)— 


Emcdonald on DSK67QTVN1PROD with BILLS
14 

•S 834 RS

1 (A) in paragraph (1), by striking ‘‘(1) Sub2 ject to paragraph (2) and subsection (c),’’ and 

3 inserting ‘‘Subject to subsection (c),’’; and 

4 (B) by striking paragraph (2); and 

5 (2) in subsection (c)(1), by striking ‘‘title,’’ and 

6 all that follows through the end and inserting ‘‘title— 

7 ‘‘(A) including the funding of the National 

8 Boating Safety Advisory Council established 

9 under section 13110 of this title and the author10 ized activities of the Council, including travel for 

11 the council; and 

12 ‘‘(B) of the funds referred to in paragraph 

13 (1), not less than $2,500,000 shall be available to 

14 the Secretary only to ensure compliance with 

15 chapter 43 of this title.’’. 

16 SEC. 7. NATIONAL BOATING SAFETY ADVISORY COUNCIL. 

17 Section 13110(e) of title 46, United States Code, is 

18 amended by striking ‘‘2020’’ and inserting ‘‘2023’’. 

19 SEC. 8. PLAN EVALUATION. 

20 Section 303(b)(7) of the Coastal Wetlands Planning, 

21 Protection and Restoration Act (16 U.S.C. 3952(b)(7)) is 

22 amended by inserting ‘‘and improvements made to the qual23 ity of fish and wildlife habitat conditions’’ after ‘‘enhancing 

24 coastal wetlands’’. 


Emcdonald on DSK67QTVN1PROD with BILLS
15 

•S 834 RS

1 SEC. 9. REPORT TO CONGRESS. 

2 The Director of the United States Fish and Wildlife 

3 Service shall annually evaluate and report on the adminis4 trative services of such Service for the trust fund to the 

5 States and the sportfishing community, including the fol6 lowing categories of information: 

7 (1) The percent of grant actions completed with8 in 45 days of receipt, average number of days to proc9 ess new grants, and average number of days to proc10 ess grant amendments. 

11 (2) Which wildlife and sport fish restoration 

12 policies are currently being updated, the start time 

13 for each update, and the anticipated completion time. 

14 (3) The number of Federal assistance workshops 

15 held with States and such Service in efforts to com16 municate fiscal policies and procedures with the State 

17 agencies. 

18 (4) The response time to States based on initial 

19 notification or assistance requests initiated by a 

20 State. 

21 (5) The number of States with unresolved rec22 onciliation of land records and number of corrective 

23 action plans with open actions. 

24 (6) The number of employees of such Service 

25 with grants management training and outstanding 

26 training requirements and the percent of State fish 


Emcdonald on DSK67QTVN1PROD with BILLS
16 

•S 834 RS

1 and wildlife staff to have received training from 

2 Wildlife and Sport Fish Restoration Fund Program 

3 of such Service. 

4 (7) The number of full-time equivalents contrib5 uting to grant processing and related grant manage6 ment in each region. 

7 (8) The number of in-field state project reviews 

8 and site visits by the Wildlife and Sport Fish Res9 toration Fund Program. 

10 (9) The number of audits per year originating 

11 from such Service and response time to related ac12 tions and correspondence. 


Emcdonald on DSK67QTVN1PROD with BILLS

Emcdonald on DSK67QTVN1PROD with BILLS
Calendar No. 162 

114TH CONGRESS 

1ST SESSION S. 834 

[Report No. 114–91] 

A BILL 

To amend the law relating to sport fish restoration 

purposes. and recreational boating safety, and for other 

JULY 23, 2015 

Reported with an amendment 


Emcdonald on DSK67QTVN1PROD with BILLS