
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: 46USC13103]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
                  Part I--State Boating Safety Programs
 
                CHAPTER 131--RECREATIONAL BOATING SAFETY
 
Sec. 13103. Allocations

    (a) The Secretary shall allocate amounts available for allocation 
and distribution under this chapter for State recreational boating 
safety programs as follows:
        (1) One-third shall be allocated equally each fiscal year among 
    eligible States.
        (2) One-third shall be allocated among eligible States that 
    maintain a State vessel numbering system approved under chapter 123 
    of this title and a marine casualty reporting system approved under 
    this chapter so that the amount allocated each fiscal year to each 
    eligible State will be in the same ratio as the number of vessels 
    numbered in that State bears to the number of vessels numbered in 
    all eligible States.
        (3) One-third shall be allocated so that the amount allocated 
    each fiscal year to each eligible State will be in the same ratio as 
    the amount of State amounts expended by the State for the State 
    recreational boating safety program during the prior fiscal year 
    bears to the total State amounts expended during that fiscal year by 
    all eligible States for State recreational boating safety programs.

    (b) The amount received by a State under this section in a fiscal 
year may be not more than one-half of the total cost incurred by that 
State in developing, carrying out, and financing that State's 
recreational boating safety program in that fiscal year.
    (c) The Secretary may allocate not more than 5 percent of the 
amounts available for allocation and distribution in a fiscal year for 
national boating safety activities of national nonprofit public service 
organizations.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 594; Pub. L. 98-369, div. A, 
title X, Sec. 1011(d), July 18, 1984, 98 Stat. 1013; Pub. L. 101-595, 
title III, Sec. 312(c), Nov. 16, 1990, 104 Stat. 2987.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
13103.............................  46:1476
------------------------------------------------------------------------

    Section 13103 requires the Secretary to allocate the amounts 
available for recreational boating safety and facilities improvement 
programs according to a specific formula:
        (1) \1/3\ shall be allocated equally to each eligible State:
        (2) \1/3\ shall be allocated to those States maintaining an 
    approved numbering system; and
        (3) \1/3\ shall be allocated to the State in the proportion that 
    the State obligated in the prior fiscal year to the total amount 
    obligated by all of the States in the prior fiscal year.


                               Amendments

    1990--Subsec. (a)(3). Pub. L. 101-595 struck out ``or obligated'' 
after ``expended'' in two places.
    1984--Subsec. (b). Pub. L. 98-369, Sec. 1011(d), redesignated 
subsec. (c) as (b), struck out ``and facilities improvement'' after 
``boating safety'', and struck out former subsec. (b) which related to 
allocation of amounts for State recreational boating facilities 
improvement programs by the Secretary.
    Subsec. (c). Pub. L. 98-369, Sec. 1011(d)(1), redesignated subsec. 
(e) as (c). Former subsec. (c) redesignated (b).
    Subsec. (d). Pub. L. 98-369, Sec. 1011(d)(1), struck out subsec. (d) 
which provided that an allocation or distribution of amounts under this 
section may not be made to a State to maintain boating facilities under 
that State's approved recreational boating safety and facilities 
improvement program.
    Subsec. (e). Pub. L. 98-369, Sec. 1011(d)(1), redesignated subsec. 
(e) as (c).
    Subsec. (f). Pub. L. 98-369, Sec. 1011(d)(1), struck out subsec. (f) 
which provided that the Secretary could extend amounts necessary to 
carry out this chapter but that there was a limitation on the total 
amount allocable.


                    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.


     Payment of Administrative Costs; Retention of Amount Prior to 
                               Allocations

    Pub. L. 99-640, Sec. 7(d), Nov. 10, 1986, 100 Stat. 3548, which 
provided that before making any allocation under this section [46 U.S.C. 
13103] for a fiscal year, the Secretary shall retain not less than one 
percent nor more than two percent of the amount appropriated for that 
year for State recreational boating safety programs for the payment of 
costs of administration of this chapter [46 U.S.C. 13101 et seq.], was 
repealed by Pub. L. 100-448, Sec. 6(b)(1)(B), Sept. 28, 1988, 102 Stat. 
1840.

                  Section Referred to in Other Sections

    This section is referred to in sections 13101, 13106, 13108 of this 
title.
