I
107TH CONGRESS
1ST SESSION
H. R. 702
To encourage the safe and responsible use of personal watercraft, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 14, 2001
Mr. SAXTON (for himself and Mr. GILCHREST) introduced the following bill;
which was referred to the Committee on Transportation and Infrastruc-
ture, and in addition to the Committee on Resources, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee con-
cerned
A BILL
To encourage the safe and responsible use of personal
watercraft, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Personal Watercraft
Responsible Use Act of 2001’’.
SEC. 2. FINDINGS.
The Congress finds the following:
agement efforts to develop innovative boating regula-
tions for overcrowded waterways.
(4) To provide Federal assistance to States to
improve the enforcement of recreational boating
laws.
SEC. 4. DEFINITIONS.
In this Act, the following definitions shall apply:
(1) TERMS DEFINED IN COASTAL ZONE MAN-
AGEMENT ACT OF 1972.—Each of the terms ‘‘coastal
state’’, ‘‘coastal waters’’, and ‘‘Secretary’’ has the
meaning given that term under section 304 of the
Coastal Zone Management Act of 1972 (16 U.S.C.
1453).
(2) PERSONAL WATERCRAFT.—The term ‘‘per-
sonal watercraft’’ means a motor vessel that is capa-
ble of carrying one or more persons and—
(A) uses an inboard motor powering a
water jet pump or a caged propeller as its pri-
mary source of motive power; and
(B) is designed to be operated by a person
standing on, kneeling on, sitting in, or sitting
astride the vessel.
(3) NO-WAKE
SPEED.—The term ‘‘no-wake
speed’’ means the speed at which a personal
watercraft moves through the water while maintain-
ing minimum headway and producing the smallest
wake possible.
SEC. 5. ENFORCEABLE POLICIES IN THE COASTAL ZONE.
(a) WITHHOLDING OF ASSISTANCE.—
(1) IN GENERAL.—The Secretary shall withhold
up to 10 percent of a coastal state’s assistance in
each fiscal year under sections 306 and 309 of the
Coastal Zone Management Act of 1972 (16 U.S.C.
1455 and 1456b), unless the coastal state imple-
ments enforceable policies and other provisions re-
quired under this section regarding the operation of
personal watercraft in coastal waters of the State.
(2) APPLICATION.—Paragraph (1) shall apply
after the expiration of the 2-year period beginning
on the date of the enactment of this Act.
(b) ENFORCEABLE POLICIES.—Enforceable policies
required under this section shall prohibit a person from
operating a personal watercraft in excess of no-wake speed
in any of the following areas or manner:
(1) In any area designated as a sensitive area
in the management program of the coastal state
under the Coastal Zone Management Act of 1972
(16 U.S.C. 1451 et seq.).
(2) In waters closer than 200 feet from the
shoreline.
(3) In a designated right-of-way or navigation
channel.
(4) In a manner that injures, harasses, or dis-
turbs wading, roosting, or nesting birds or marine
mammals.
(c) DESIGNATION OF SENSITIVE AREAS.—
(1) DESIGNATION BY STATE.—In addition to
the enforceable policies required under subsection
(b), the management program of a coastal state
shall include provisions that designate sensitive
areas of the coastal state for purposes of subsection
(b)(1) in accordance with the criteria issued under
paragraph (2) of this subsection.
(2) CRITERIA
FOR
DESIGNATION.—The Sec-
retary shall issue criteria for designating sensitive
areas under paragraph (1). The criteria shall include
a consideration of the following:
(A) The presence of unique or valuable
aquatic habitat and communities.
(B) The presence of aquatic vegetation,
nesting birds, shellfish beds, or marine mam-
mals.
(C) The importance of an area for other
recreational and commercial users.
(d) COMPLIANCE.—A coastal state that has a pro-
gram that is otherwise approved by the Secretary in ac-
cordance with section 306(d) of the Coastal Zone Manage-
ment Act of 1972 (16 U.S.C. 1455(d)) may comply with
subsection (a) of this section by amending or modifying
the program (in accordance with section 306(e) of that
Act) to add enforceable policies and other provisions re-
quired by that subsection.
(e) USE OF GRANTS.—A State may use any amount
received by the State as assistance under section 306 or
309 of the Coastal Zone Management Act of 1972 (16
U.S.C. 1455, 1456b) to develop and implement enforce-
able policies and provisions required under this section.
(f) REGULATIONS.—The Secretary, in consultation
with the Secretary of Transportation, shall issue regula-
tions implementing this section before the expiration of
the 1-year period beginning on the date of the enactment
of this Act.
SEC. 6. PERSONAL WATERCRAFT SAFETY PROGRAM.
(a) NATIONAL
PERSONAL
WATERCRAFT
GUIDE-
LINES.—Within one year after the date of enactment of
this Act, the Secretary of Transportation shall establish
guidelines and standards for the operation of personal
watercraft, consistent with the enforceable policies re-
quired under section 5(b), in the national recreational
boating safety program carried out under section 13101
of title 46, United States Code. The guidelines and stand-
ards shall include—
(1) mandatory State registration of personal
watercraft;
(2) a minimum age for a personal watercraft
operator of at least 16 years of age, unless the oper-
ator is accompanied on the vessel by a passenger
who has attained an age greater than 16 years and
who has completed the mandatory training program
required under paragraph (3); and
(3) a requirement that all operators of personal
watercraft (including any operator of a rented ves-
sel) must complete a training program that includes
safety and conservation components.
(b) IMPLEMENTATION FUNDS.—A State may use
funds received by the State under section 13106 of title
46, United States Code, to develop and implement regula-
tions to improve personal watercraft user safety, reduce
conflicts among personal watercraft operators and other
boaters, and minimize environmental damage.
SEC. 7. LAW ENFORCEMENT GRANTS.
(a) IN GENERAL.—The Secretary of Transportation,
subject to the availability of appropriations, may make
grants to States to enforce recreational boating laws and
regulations, including purchasing necessary equipment
and hiring law enforcement personal. A State is eligible
for assistance under this subsection if the State has—
(1) implemented a recreational boating safety
program that incorporates the national guidelines
and standards for personal watercraft established
under section 6(a); and
(2) adopted the enforceable policies described in
section 5(b), if the State is a coastal state.
(b) ALLOCATION.—
(1) IN GENERAL.—Of the total amount avail-
able each fiscal year for grants under this section,
the Secretary shall allocate to each State an amount
that bears the same ratio to such total amount as
the number of recreational vessels registered in that
State bears to the total number of recreational ves-
sels registered in all States.
(2) LIMITATION ON GRANTS TO A STATE.—The
total amount awarded to a State each fiscal year as
grants under this section may not exceed the alloca-
tion to the State under paragraph (1) for the fiscal
year.
(c) REQUIRED MATCH.—As a condition of providing
a grant under this section to a State, the Secretary shall
require the State to provide matching funds according to