
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: 46USC13102]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
                  Part I--State Boating Safety Programs
 
                CHAPTER 131--RECREATIONAL BOATING SAFETY
 
Sec. 13102. Program acceptance

    (a) The Secretary shall make a contract with, and allocate and 
distribute amounts from the Boat Safety Account established by section 
9504 of the Internal Revenue Code of 1986 to, a State that has an 
approved State recreational boating safety program, if the State 
demonstrates to the Secretary's satisfaction that--
        (1) the program submitted by that State is consistent with this 
    chapter and chapters 61 and 123 of this title;
        (2) amounts distributed will be used to develop and carry out a 
    State recreational boating safety program containing the minimum 
    requirements of subsection (c) of this section;
        (3) sufficient State matching amounts are available from general 
    State revenue, undocumented vessel numbering and license fees, State 
    marine fuels taxes, or from a fund constituted from the proceeds of 
    those taxes and established to finance a State recreational boating 
    safety program; and
        (4) the program submitted by that State designates a State lead 
    authority or agency that will carry out or coordinate carrying out 
    the State recreational boating safety program supported by financial 
    assistance of the United States Government in that State, including 
    the requirement that the designated State authority or agency submit 
    required reports that are necessary and reasonable to carry out 
    properly and efficiently the program and that are in the form 
    prescribed by the Secretary.

    (b) Amounts of the Government (except amounts from sources referred 
to in subsection (a)(3) of this section) may not be used to provide a 
State's share of the costs of the program described under this section. 
State matching amounts committed to a program under this chapter may not 
be used to constitute the State's share of matching amounts required by 
another program of the Government.
    (c) The Secretary shall approve a State recreational boating safety 
program, and the program is eligible to receive amounts authorized to be 
expended under section 13106 of this title, if the program includes--
        (1) a vessel numbering system approved or carried out by the 
    Secretary under chapter 123 of this title;
        (2) a cooperative boating safety assistance program with the 
    Coast Guard in that State;
        (3) sufficient patrol and other activity to ensure adequate 
    enforcement of applicable State boating safety laws and regulations;
        (4) an adequate State boating safety education program, that 
    includes the dissemination of information concerning the hazards of 
    operating a vessel when under the influence of alcohol or drugs; and
        (5) a system, approved by the Secretary, for reporting marine 
    casualties required under section 6102 of this title.

    (d) The Secretary's approval under this section is a contractual 
obligation of the Government for the payment of a proportionate share of 
the cost of carrying out the program.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 593; Pub. L. 98-369, div. A, 
title X, Sec. 1011(c), July 18, 1984, 98 Stat. 1013; Pub. L. 98-557, 
Sec. 7(b)(3), Oct. 30, 1984, 98 Stat. 2862; Pub. L. 99-307, Sec. 1(17), 
May 19, 1986, 100 Stat. 446; Pub. L. 99-626, Sec. 4(a), (b), Nov. 7, 
1986, 100 Stat. 3505; Pub. L. 100-448, Sec. 6(b)(3)-(5), Sept. 28, 1988, 
102 Stat. 1840; Pub. L. 101-595, title III, Sec. 312(b), Nov. 16, 1990, 
104 Stat. 2987.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
13102.............................  46:1475
------------------------------------------------------------------------

    Section 13102(a) authorizes the Secretary to contract with the 
States and allocate the amounts of them if they demonstrate to the 
satisfaction of the Secretary that they have a program consistent with 
this chapter and chapters 61 and 123, that the amounts received will be 
used to develop and carry out their recreational boating safety and 
facilities improvement programs, that they have sufficient matching 
amounts available from specified revenue sources to meet the objectives 
of the program, that they will submit required reports to the Secretary 
to ensure continued compliance with the objectives of this chapter.
    Subsection (b) prohibits a State from using any other funds received 
from the Federal Government to meet their required State match.
    Subsections (c) and (d) require the Secretary to approve a State's 
recreational boating safety and facilities improvement program if the 
program meets the specified requirements of this subsection.
    Subsection (e) makes the approval of a State's program a contractual 
obligation of the Government to pay the Federal portion of the cost to 
carry out the program.
    Subsection (f) allows a State to submit a combined boating safety 
and facility improvement program if it meets the requirements of all of 
the objectives of both programs.

                       References in Text

    Section 9504 of the Internal Revenue Code of 1986, referred to in 
subsec. (a), is classified to section 9504 of Title 26, Internal Revenue 
Code.


                               Amendments

    1990--Subsec. (a)(3). Pub. L. 101-595, Sec. 312(b)(1), inserted 
``State'' after ``general''.
    Subsec. (c)(4). Pub. L. 101-595, Sec. 312(b)(2), inserted ``or 
drugs'' after ``alcohol''.
    Subsec. (d). Pub. L. 101-595, Sec. 312(b)(3), substituted ``a 
proportionate share'' for ``the proportional share''.
    1988--Subsec. (a). Pub. L. 100-448, Sec. 6(b)(4), substituted 
``1986'' for ``1954.'' in introductory provisions.
    Subsec. (a)(4). Pub. L. 100-448, Sec. 6(b)(5), amended par. (4) 
generally. Prior to amendment, par. (4) read as follows: ``the program 
submitted by that State designates a State lead authority or agency that 
will carry out or coordinate carrying out out the State recreational 
boating safety program supported by financial assistance of the United 
States Government in that State, including the requirement that the 
designated State authority or agency submit required reports that are 
necessary and reasonable to carry out properly and efficiently the 
program and that are in the form prescribed by the Secretary.''
    Subsec. (b). Pub. L. 100-448, Sec. 6(b)(3), substituted ``(except 
amounts from'' for ``from sources (except''.
    1986--Subsec. (a). Pub. L. 99-626, Sec. 4(a), substituted ``Boat 
Safety Account established by section 9504 of the Internal Revenue Code 
of 1954.'' for ``Fund established under section 13107 of this title'' in 
introductory provisions.
    Subsec. (a)(4). Pub. L. 99-626, Sec. 4(b), inserted ``out'' after 
``carrying''.
    Pub. L. 99-307 substituted ``carrying out the State'' for ``carrying 
the State''.
    1984--Subsec. (a). Pub. L. 98-369, Sec. 1011(c)(1), (2), in 
provisions preceding par. (1) substituted ``shall'' for ``may'' and 
struck out ``and facilities improvement'' after ``boating safety''.
    Subsec. (a)(2). Pub. L. 98-369, Sec. 1011(c)(1), (3), struck out ``, 
(d), or (f)'' after ``requirements of subsection (c)'' and struck out 
``and facilities improvement'' after ``boating safety''.
    Subsec. (a)(3), (4). Pub. L. 98-369, Sec. 1011(c)(1), struck out 
``and facilities improvement'' after ``boating safety''.
    Subsec. (c)(4). Pub. L. 98-557 inserted provisions relating to 
dissemination of information concerning the hazards of operating a 
vessel when under the influence of alcohol.
    Subsecs. (d), (e). Pub. L. 98-369, Sec. 1011(c)(4), redesignated 
subsec. (e) as (d). Former subsec. (d), which related to approval of a 
State recreational boating facilities improvement program by the 
Secretary, was struck out.
    Subsec. (f). Pub. L. 98-369, Sec. 1011(c)(4), struck out subsec. (f) 
which related to submission by a State to the Secretary of a combined 
program for the improvement of recreational boating safety and 
recreational boating facilities.


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-448 effective Oct. 1, 1988, see section 
6(e) of Pub. L. 100-448, set out as a note under section 777 of Title 
16, Conservation.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-369 effective Oct. 1, 1984, to apply with 
respect to fiscal years beginning after Sept. 30, 1984, see section 1013 
of Pub. L. 98-369, set out as a note under section 13101 of this title.
