IB
Union Calendar No. 467
103D CONGRESS
2D SESSION
H. R. 4477
[Report No. 103–849]
To amend the Act commonly referred to as the ‘‘Dingell-Johnson Sport
Fish Restoration Act’’ to provide funding for recreational boating safety
programs, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 24, 1994
Mr. STUDDS (for himself, Mr. TAUZIN, Mr. FIELDS of Texas, Mr. COBLE, Mr.
BATEMAN, and Mrs. FOWLER) introduced the following bill; which was
referred to the Committee on Merchant Marine and Fisheries
OCTOBER 7, 1994
Additional sponsors: Mr. GEJDENSON, Mr. RAVENEL, Mr. HOCHBRUECKNER,
Mr. KOPETSKI, Mr. BORSKI, Mr. DEFAZIO, Mr. CRAPO, Ms. FURSE, Mr.
MANTON, Mr. JEFFERSON, Mr. HANSEN, Mr. WYDEN, Mr. CALLAHAN,
Mr. BARLOW, Mr. HAYES, Mr. MAZZOLI, Mr. JACOBS, Mr. BLUTE, Mr.
SMITH
of Oregon, Mr. CLAY, Mr. DARDEN, Mrs. LLOYD, Mr.
UNDERWOOD, Mr. MURPHY, Mr. CLEMENT, Mr. ROTH, Mr. HUTCHIN-
SON, Mr. MORAN, Mr. BAKER of Louisiana, Mr. CHAPMAN, Mr. LINDER,
Mr. WILSON, and Mr. CALVERT
OCTOBER 7, 1994
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on May 24, 1994]
A BILL
To amend the Act commonly referred to as the ‘‘Dingell-
Johnson Sport Fish Restoration Act’’ to provide funding
for recreational boating safety programs, 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 ‘‘Boating Improvement
Act of 1994’’.
SEC. 2. BOATING SAFETY GRANTS.
(a) TRANSFER
OF AMOUNTS
FOR STATE BOATING
SAFETY PROGRAMS.—
(1) TRANSFERS.—Section 4(b) of the Act of Au-
gust 9, 1950 (16 U.S.C. 777c(b)), is amended to read
as follows:
‘‘(b)(1) Of the balance of each annual appropriation
remaining after making the distribution under subsection
(a), an amount equal to $15,000,000 for fiscal year 1995,
$40,000,000 for fiscal year 1996, $55,000,000 for fiscal year
1997, and $69,000,000 for each of fiscal years 1998 and
1999, shall, subject to paragraph (2), be used as follows:
‘‘(A) A sum equal to $7,500,000 of the amount
available for fiscal year 1995, and a sum equal to
$10,000,000 of the amount available for each of fiscal
years 1996 and 1997, shall be available for use by the
Secretary of the Interior for grants under section
5604(c) of the Clean Vessel Act of 1992. Any portion
of such a sum available for a fiscal year that is not
obligated for those grants before the end of the follow-
ing fiscal year shall be transferred to the Secretary of
Transportation and shall be expended by the Sec-
retary of Transportation for State recreational boat-
ing safety programs under section 13106 of title 46,
United States Code.
‘‘(B) A sum equal to $7,500,000 of the amount
available for fiscal year 1995, $30,000,000 of the
amount available for fiscal year 1996, $45,000,000 of
the amount available for fiscal year 1997, and
$59,000,000 of the amount available for each of fiscal
years 1998 and 1999, shall be transferred to the Sec-
retary of Transportation and shall be expended by the
Secretary of Transportation for State recreational
boating safety programs under section 13106 of title
46, United States Code.
‘‘(C) A sum equal to $10,000,000 of the amount
available for each of fiscal years 1998 and 1999 shall
be available for use by the Secretary of the Interior
for—
‘‘(i) grants under section 3(e) of the Boating
Improvement Act of 1994; and
‘‘(ii) grants under section 5604(c) of the
Clean Vessel Act of 1992.
Any portion of such a sum available for a fiscal year that
is not obligated for those grants before the end of the follow-
ing fiscal year shall be transferred to the Secretary of
Transportation and shall be expended by the Secretary of
Transportation for State recreational boating safety pro-
grams under section 13106 of title 46, United States Code.
‘‘(2)(A) Beginning with fiscal year 1996, the amount
transferred under paragraph (1)(B) for a fiscal year shall
be reduced by the lesser of—
‘‘(i) the amount appropriated to the Secretary of
Transportation for that fiscal year to carry out the
purposes of section 13106 of title 46, United States
Code, from the Boat Safety Account in the Aquatic
Resources Trust Fund established under section 9504
of the Internal Revenue Code of 1986; or
‘‘(ii) $35,000,000; or
‘‘(iii) for fiscal year 1996 only, $30,000,000.
‘‘(B) The amount of any reduction under subpara-
graph (A) shall be apportioned among the several States
under subsection (d) by the Secretary of the Interior.’’.
(2) 
CONFORMING
AMENDMENT.—Section
5604(c)(1) of the Clean Vessel Act of 1992 (33 U.S.C.
1322 note) is amended by striking ‘‘section 4(b)(2) of
the Act of August 9, 1950 (16 U.S.C. 777c(b)(2), as
amended by this Act)’’ and inserting ‘‘section 4(b)(1)
of the Act of August 9, 1950 (16 U.S.C. 777c(b)(1))’’.
(3) LIMITATION ON OTHER DISTRIBUTION.—Not-
withstanding any other law, the amount distributed
under section 4(a) of the Act of August 9, 1950 (16
U.S.C. 777c(a)), in fiscal year 1996 may not exceed
$50,000,000.
(b) EXPENDITURE
OF AMOUNTS
FOR STATE REC-
REATIONAL BOATING SAFETY PROGRAMS.—Section 13106
of title 46, United States Code, is amended—
(1) in subsection (a)(1) by striking the first sen-
tence and inserting the following: ‘‘Subject to para-
graph (2), the Secretary shall expend under contracts
with States under this chapter in each fiscal year for
State recreational boating safety programs an
amount equal to the sum of the amount appropriated
from the Boat Safety Account for that fiscal year plus
the amount transferred to the Secretary under section
4(b)(1) of the Act of August 9, 1950 (16 U.S.C.
777c(b)(1)) for that fiscal year.’’; and
(2) by amending subsection (c) to read as fol-
lows:
‘‘(c) For expenditure under this chapter for State rec-
reational boating safety programs there are authorized to
be appropriated to the Secretary of Transportation from
the Boat Safety Account established under section
9503(c)(4) of the Internal Revenue Code of 1986 (26 U.S.C.
9503(c)(4)) not more than $35,000,000 each fiscal year.’’.
SEC. 3. BOATING ACCESS.
(a) FINDINGS.—The Congress makes the following
findings:
(1) Nontrailerable recreational motorboats con-
tribute 15 percent of the gasoline taxes deposited in
the Aquatic Resources Trust Fund while constituting
less than 5 percent of the recreational vessels in the
United States.
(2) The majority of recreational vessel access fa-
cilities constructed with Aquatic Resources Trust
Fund moneys benefit trailerable recreational vessels.
(3) More Aquatic Resources Trust Fund moneys
should be spent on recreational vessel access facilities
that 
benefit 
recreational 
vessels 
that 
are
nontrailerable vessels.
(b) PURPOSE.—The purpose of this section is to pro-
vide funds to States for the development of public facilities
for transient nontrailerable vessels.
(c) SURVEY.—Within 18 months after the date of the
enactment of this Act, any State may complete and submit
to the Secretary of the Interior a survey which identifies—
rior shall give priority to projects that consist of
the construction or renovation of public facilities
for transient nontrailerable vessels in accordance
with a plan submitted by a State submitted
under subsection (b).
(B) WITHIN STATE.—In awarding grants
under this subsection for projects in a particular
State, the Secretary of the Interior shall give pri-
ority to projects that are likely to serve the great-
est number of nontrailerable vessels.
SEC. 4. DEFINITIONS.
For the purpose of this Act the term—
(1) ‘‘Act of August 9, 1950’’ means the Act enti-
tled ‘‘An Act to provide that the United States shall
aid the States in fish restoration and management
projects, and for other purposes’’, approved August 9,
1950 (16 U.S.C. 777a et seq.);
(2) ‘‘nontrailerable vessel’’ means a recreational
vessel greater than 26 feet in length;
(3) ‘‘public facilities for transient nontrailerable
vessels’’ means mooring buoys, day-docks, seasonal
slips or similar structures located on navigable wa-
ters, that are available to the general public and de-
signed for temporary use by nontrailerable vessels;
(4) ‘‘recreational vessel’’ means a vessel—
(A) operated primarily for pleasure; or
(B) leased, rented, or chartered to another
for the latter’s pleasure; and
(5) ‘‘State’’ means each of the several States of
the United States, the District of Columbia, the Com-
monwealth of Puerto Rico, Guam, American Samoa,
the United States Virgin Islands, and the Common-
wealth of the Northern Mariana Islands.
Union Calendar No. 467
103D CONGRESS
2D SESSION
H. R. 4477
[Report No. 103–849]
A BILL
To amend the Act commonly referred to as the
‘‘Dingell-Johnson Sport Fish Restoration Act’’ to
provide funding for recreational boating safety
programs, and for other purposes.
OCTOBER 7, 1994
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed