
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC13106]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
                  Part I--State Boating Safety Programs
 
                CHAPTER 131--RECREATIONAL BOATING SAFETY
 
Sec. 13106. Authorization of appropriations

    (a)(1) Subject to paragraph (2) and subsection (c), the Secretary 
shall expend in each fiscal year for State recreational boating safety 
programs, under contracts with States under this chapter, an amount 
equal to the sum of (A) the amount appropriated from the Boat Safety 
Account for that fiscal year and (B) the amount transferred to the 
Secretary under section 4(b) of the Act of August 9, 1950 (16 U.S.C. 
777c(b)). The amount shall be allocated as provided under section 13103 
of this title and shall be available for State recreational boating 
safety programs as provided under the guidelines established under 
subsection (b) of this section. Amounts authorized to be expended for 
State recreational boating safety programs shall remain available until 
expended and are deemed to have been expended only if an amount equal to 
the total amounts authorized to be expended under this section for the 
fiscal year in question and all prior fiscal years have been obligated. 
Amounts previously obligated but released by payment of a final voucher 
or modification of a program acceptance shall be credited to the balance 
of unobligated amounts and are immediately available for expenditure.
    (2) The Secretary shall use not less than one percent and not more 
than two percent of the amount available each fiscal year for State 
recreational boating safety programs under this chapter to pay the costs 
of investigations, personnel, and activities related to administering 
those programs.
    (b) The Secretary shall establish guidelines prescribing the 
purposes for which amounts available under this chapter for State 
recreational boating safety programs may be used. Those purposes shall 
include--
        (1) providing facilities, equipment, and supplies for boating 
    safety education and law enforcement, including purchase, operation, 
    maintenance, and repair;
        (2) training personnel in skills related to boating safety and 
    to the enforcement of boating safety laws and regulations;
        (3) providing public boating safety education, including 
    educational programs and lectures, to the boating community and the 
    public school system;
        (4) acquiring, constructing, or repairing public access sites 
    used primarily by recreational boaters;
        (5) conducting boating safety inspections and marine casualty 
    investigations;
        (6) establishing and maintaining emergency or search and rescue 
    facilities, and providing emergency or search and rescue assistance;
        (7) establishing and maintaining waterway markers and other 
    appropriate aids to navigation; and
        (8) providing State recreational vessel numbering and titling 
    programs.

    (c) Of the amount transferred for each fiscal year to the Secretary 
of Transportation under paragraphs (2) and (3) of section 4(b) of the 
Act of August 9, 1950 (16 U.S.C. 777c(b)), $5,000,000 is available to 
the Secretary for payment of expenses of the Coast Guard for personnel 
and activities directly related to coordinating and carrying out the 
national recreational boating safety program under this title, of which 
$2,000,000 shall be available to the Secretary only to ensure compliance 
with chapter 43 of this title. No funds available to the Secretary under 
this subsection may be used to replace funding traditionally provided 
through general appropriations, nor for any purposes except those 
purposes authorized by this section. Amounts made available by this 
subsection shall remain available until expended. The Secretary shall 
publish annually in the Federal Register a detailed accounting of the 
projects, programs, and activities funded under this subsection.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 596; Pub. L. 98-369, div. A, 
title X, Sec. 1012, July 18, 1984, 98 Stat. 1013; Pub. L. 99-626, 
Sec. 4(c), Nov. 7, 1986, 100 Stat. 3505; Pub. L. 99-640, Sec. 7(b), (c), 
Nov. 10, 1986, 100 Stat. 3548; Pub. L. 100-448, Sec. 6(b)(1)(A), (2), 
(6), Sept. 28, 1988, 102 Stat. 1839, 1840; Pub. L. 105-178, title VII, 
Sec. 7405(b), (c)(1), June 9, 1998, 112 Stat. 487, 488.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
13106.............................  46:1479
------------------------------------------------------------------------

    Section 13106 provides the Secretary with liquidating contract 
authority in an amount equal to the revenues received from the motor 
boat fuel tax. One third shall be used for State boating safety 
programs, and \2/3\ shall be used for State facilities improvement 
programs. And as provided in Section 13102(f), the approval of a State's 
program makes it a contractual obligation of the United States 
Government to provide the amounts available.


                               Amendments

    1998--Pub. L. 105-178, Sec. 7405(c)(1), substituted 
``appropriations'' for ``contract spending'' in section catchline.
    Subsec. (a)(1). Pub. L. 105-178, Sec. 7405(b)(1), substituted 
``Subject to paragraph (2) and subsection (c), the Secretary shall 
expend in each fiscal year for State recreational boating safety 
programs, under contracts with States under this chapter, an amount 
equal to the sum of (A) the amount appropriated from the Boat Safety 
Account for that fiscal year and (B) the amount transferred to the 
Secretary under section 4(b) of the Act of August 9, 1950 (16 U.S.C. 
777c(b)).'' for ``Subject to paragraph (2), the Secretary may expend in 
each fiscal year, subject to amounts as are provided in appropriations 
laws for liquidation of contract authority, an amount equal to \1/2\ of 
the amount transferred for such fiscal year to the Boat Safety Account 
under section 9503(c)(4) of the Internal Revenue Code of 1986 (26 U.S.C. 
9503(c)(4)).''
    Subsec. (a)(2). Pub. L. 105-178, Sec. 7405(b)(2), substituted 
``available'' for ``appropriated''.
    Subsec. (c). Pub. L. 105-178, Sec. 7405(b)(3), added subsec. (c) and 
struck out former subsec. (c) which read as follows: ``An amount equal 
to one-half of the amount transferred for each fiscal year to the Boat 
Safety Account under section 9503(c)(4) of the Internal Revenue Code of 
1986 (26 U.S.C. 9503(c)(4)) is available to the Secretary for 
expenditures out of the operating expenses account of the Coast Guard 
for services provided by the Coast Guard for recreational boating 
safety, including services provided by the Coast Guard Auxiliary. 
Expenditures for a fiscal year under this subsection shall not exceed 
expenditures for the fiscal year under subsection (a). Amounts made 
available by this subsection shall remain available until expended.''
    1988--Subsec. (a). Pub. L. 100-448, Sec. 61(b)(1)(A), designated 
existing provisions as par. (1), added par. (2), and amended first 
sentence of par. (1) generally. Prior to amendment, first sentence read 
as follows: ``The Secretary may expend in each of the fiscal years 1985, 
1986, 1987, and 1988, subject to amounts as are provided in 
appropriations laws for liquidation of contract authority, an amount 
equal to one-half for Fiscal Year 1987 and two-thirds for each Fiscal 
Year thereafter of the amount transferred for such fiscal year to the 
Boat Safety Account under section 9503(c)(4) of the Internal Revenue 
Code of 1986 (26 U.S.C. 9503(c)(4)).''
    Subsec. (c). Pub. L. 100-448, Sec. 6(b)(2)(A), struck out ``for 
Fiscal Year 1987 and one-third for each fiscal year thereafter.'' after 
``An amount equal to one-half'' in first sentence.
    Pub. L. 100-448, Sec. 6(b)(6), substituted ``1986'' for ``1954'' in 
first sentence.
    Pub. L. 100-448, Sec. 6(b)(2)(B), inserted after first sentence 
``Expenditures for a fiscal year under this subsection shall not exceed 
expenditures for the fiscal year under subsection (a).''
    1986--Subsec. (a). Pub. L. 99-640, Sec. 7(c), substituted ``one-half 
for Fiscal Year 1987 and two-thirds for each Fiscal Year thereafter'' 
for ``two-thirds''.
    Subsec. (b). Pub. L. 99-626 substituted ``shall'' for ``may'' after 
``Those purposes'' in introductory provisions and substituted ``and'' 
for ``or'' in par. (8).
    Subsec. (c). Pub. L. 99-640, Sec. 7(b), substituted ``one-half for 
Fiscal Year 1987 and one-third for each Fiscal Year thereafter.'' for 
``one-third''.
    1984--Pub. L. 98-369 amended section generally and, among other 
changes, struck out all references to a facilities improvement program, 
inserted provisions directing the Secretary to establish guidelines 
prescribing the purposes for which amounts available under this chapter 
for State recreational safety boating programs may be used, and made 
available to the Secretary an amount equal to one-third of the amount 
transferred for each fiscal year to the Boat Safety Account under 
section 9503(c)(4) of title 26 to be used for expenditures out of the 
operating expenses account of the Coast Guard for services provided by 
the Coast Guard for recreational boating safety, including services 
provided by the Coast Guard Auxiliary.


                    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.


                           Boating Safety Fund

    Pub. L. 99-272, title VI, Sec. 6001, Apr. 7, 1986, 100 Stat. 121, as 
amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, 
provided that: ``An amount equal to one-third of the amount transferred 
for fiscal year 1985 to the Boat Safety Account under section 9503(c)(4) 
of the Internal Revenue Code of 1986 (26 U.S.C. 9503(c)(4)) shall be 
deposited in the general fund of the Treasury as proprietary receipts of 
the department in which the Coast Guard is operating and ascribed to 
Coast Guard activities. Section 13106(a) of title 46, United States 
Code, shall be applied with respect to fiscal year 1985 by substituting 
`one-third' for `two-thirds' in the first sentence.''

                  Section Referred to in Other Sections

    This section is referred to in sections 13102, 31322 of this title; 
title 16 section 777c.
