
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC13101]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
                  Part I--State Boating Safety Programs
 
                CHAPTER 131--RECREATIONAL BOATING SAFETY
 
Sec. 13101. State recreational boating safety programs

    (a) To encourage greater State participation and uniformity in 
boating safety efforts, and particularly to permit the States to assume 
the greater share of boating safety education, assistance, and 
enforcement activities, the Secretary shall carry out a national 
recreational boating safety program. Under this program, the Secretary 
shall make contracts with, and allocate and distribute amounts to, 
eligible States to assist them in developing, carrying out, and 
financing State recreational boating safety programs.
    (b) The Secretary shall establish guidelines and standards for the 
program. In doing so, the Secretary--
        (1) shall consider, among other things, factors affecting 
    recreational boating safety by contributing to overcrowding and 
    congestion of waterways, such as the increasing number of 
    recreational vessels operating on those waterways and their 
    geographic distribution, the availability and geographic 
    distribution of recreational boating facilities in and among 
    applying States, and State marine casualty and fatality statistics 
    for recreational vessels;
        (2) shall consult with the Secretary of the Interior to minimize 
    duplication with the purposes and expenditures of the Land and Water 
    Conservation Fund Act of 1965 (16 U.S.C. 460l-4--460l-11) the 
    Federal Aid in Sport Fish Restoration Act of 1950 (16 U.S.C. 777-
    777k), and with the guidelines developed under those Acts; and
        (3) shall maintain environmental standards consistent with the 
    Coastal Zone Management Act of 1972 (16 U.S.C. 1451-1464) and other 
    laws and policies of the United States intended to safeguard the 
    ecological and esthetic quality of the waters and wetlands of the 
    United States.

    (c) A State whose recreational boating safety program has been 
approved by the Secretary is eligible for allocation and distribution of 
amounts under this chapter to assist that State in developing, carrying 
out, and financing its program. Matching amounts shall be allocated and 
distributed among eligible States by the Secretary as provided by 
section 13103 of this title.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 592; Pub. L. 98-369, div. A, 
title X, Sec. 1011(b), July 18, 1984, 98 Stat. 1013; Pub. L. 101-595, 
title III, Sec. 312(a), Nov. 16, 1990, 104 Stat. 2987.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
13101.............................  46:1474
------------------------------------------------------------------------

    Section 13101(a) authorizes the Secretary to make contracts with, 
and allocate amounts to eligible States to assist them in carrying out 
their recreational boating safety and facilities improvement programs.
    Subsection (b) requires the Secretary to establish guidelines and 
standards for the program, and specifies specific conditions the 
Secretary must consider, requires consultation with the Secretary of the 
Interior, and to maintain environmental standards consistent with the 
Coastal Zone Management Act.
    Subsection (c) makes the States who meet the standards prescribed by 
the Secretary eligible for the amounts authorized under this chapter.

                       References in Text

    The Land and Water Conservation Fund Act of 1965, referred to in 
subsec. (b)(2), is Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as 
amended, which is classified generally to part B (Sec. 460l-4 et seq.) 
of subchapter LXIX of chapter 1 of Title 16, Conservation. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 460l-4 of Title 16 and Tables.
    The Federal Aid in Sport Fish Restoration Act of 1950, referred to 
in subsec. (b)(2), is act Aug. 9, 1950, ch. 658, 64 Stat. 430, as 
amended, also popularly known as the Federal Aid in Fish Restoration Act 
and as the Fish Restoration and Management Projects Act, which is 
classified generally to chapter 10B (Sec. 777 et seq.) of Title 16. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 777 of Title 16 and Tables.
    The Coastal Zone Management Act of 1972, referred to in subsec. 
(b)(3), is title III of Pub. L. 89-454 as added by Pub. L. 92-583, Oct. 
27, 1972, 86 Stat. 1280, as amended, which is classified generally to 
chapter 33 (Sec. 1451 et seq.) of Title 16. For complete classification 
of this Act to the Code, see Short Title note set out under section 1451 
of Title 16 and Tables.


                               Amendments

    1990--Subsec. (b)(2). Pub. L. 101-595 substituted ``the Federal Aid 
in Sport Fish Restoration Act of 1950 (16 U.S.C. 777-777k), and with the 
guidelines developed under those Acts; and'' for ``and with the 
guidelines developed under that Act; and''.
    1984--Subsec. (a). Pub. L. 98-369, Sec. 1011(b), struck out ``and 
facility improvement'' after ``in boating safety'', struck out ``and 
facilities improvement'' in two places after ``recreational boating 
safety'', and substituted ``shall'' for ``may'' in second sentence.
    Subsec. (c). Pub. L. 98-369, Sec. 1011(b)(1)(B), struck out ``and 
facilities improvement'' after ``recreational boating safety''.


                    Effective Date of 1984 Amendment

    Section 1013 of subpart A (Secs. 1010-1013) of part I of subtitle B 
of title X of division A of Pub. L. 98-369 provided that: ``The 
amendments made by this subpart [amending this section and sections 
2102, 13102, 13103, 13105, 13106, 13108, and 13109 of this title and 
enacting a provision set out as a note under this section] shall take 
effect on October 1, 1984, and shall apply with respect to fiscal years 
beginning after September 30, 1984.''


                      Short Title of 1986 Amendment

    Pub. L. 99-626, Sec. 1, Nov. 7, 1986, 100 Stat. 3504, provided that: 
``This act [amending sections 13102, 13106, and 13110 of this title and 
section 1464 of Title 16, Conservation, and enacting provisions set out 
as notes under section 13110 of this title and section 1456a of Title 
16] may be cited as the `Recreational Boating Safety Act of 1986'.''


               Survey of Fuel Use by Recreational Vessels

    Pub. L. 100-448, Sec. 6(d), Sept. 28, 1988, 102 Stat. 1841, provided 
that:
    ``(1) In general.--The Secretary of Transportation and the Secretary 
of the Interior shall jointly conduct a survey of--
        ``(A) the number, size, and primary uses of recreational vessels 
    operating on the waters of the United States; and
        ``(B) the amount and types of fuel used by those vessels.
    ``(2) Authorization of contracts.--The Secretary of Transportation 
and the Secretary of the Interior may enter into contracts for the 
performance of a survey pursuant to this subsection.
    ``(3) Report.--The Secretary of the Interior and the Secretary of 
Transportation shall jointly submit a report to the Speaker of the House 
of Representatives and to the President pro tempore of the Senate which 
describes the results of the survey conducted pursuant to this section 
not later than November 15, 1992.
    ``(4) Funding.--Activities under this subsection may be carried 
out--
        ``(A) using amounts available to the Secretary of the Interior 
    for administrative expenses under the Act entitled `An Act to 
    provide that the United States shall aid the States in fish 
    restoration and management projects, and for other purposes' (64 
    Stat. 430; 16 U.S.C. 777 et seq.); and
        ``(B) subject to appropriations, using amounts available to the 
    Secretary of Transportation under section 13106(a)(1) of title 46, 
    United States Code (as amended by this Act).''


         Congressional Declaration of Policy for 1984 Amendment

    Section 1010 of part I (Secs. 1010-1017) of subtitle B of title X of 
division A of Pub. L. 98-369 provided that: ``It is declared to be the 
policy of Congress and the purpose of this part [enacting sections 4162 
and 9504 of Title 26, Internal Revenue Code, amending this section, 
sections 2102, 13102, 13103, 13105, 13106, 13108, and 13109 of this 
title, sections 777, 777b to 777e, 777g, and 777k of Title 16, 
Conservation, and sections 4161 and 9503 of Title 26, repealing section 
13107 of this title, and enacting provisions set out as notes under this 
section, section 777 of Title 16, and sections 4161, 4162, and 9504 of 
Title 26] to improve recreational boating safety and to foster greater 
development, use, and enjoyment of all waters of the United States by 
encouraging and assisting participation by the States, the boating 
industry, and the boating public in activities related to increasing 
boating safety; by authorizing the establishment of national 
construction and performance standards for boats and associated 
equipment; by creating more flexible authority governing the use of 
boats and equipment; and by facilitating the provision of services by 
the United States Coast Guard on behalf of boating safety. It is further 
declared to be the policy of Congress to encourage greater and 
continuing uniformity of boating laws and regulations among the States 
and the Federal Government, to encourage and assist the States in 
exercising their authorities in boating safety, to foster greater 
cooperation and assistance between the Federal Government and the States 
in administering and enforcing Federal and State laws and regulations 
pertaining to boating safety, and to equitably utilize taxes paid on 
fuel use in motor boats in a manner which enhances boating safety.''
