Sport Fishing and Recreational Boating Safety Act
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Read twice and referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR 10/31/2003 S13678-13679)
October 30, 2003
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Introduced in Senate
October 30, 2003
Sponsor introductory remarks on measure. (CR 10/31/2003 S13677-13678)
October 30, 2003
Read twice and referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR 10/31/2003 S13678-13679)
October 30, 2003
Floor Debate
7 membersWhat members said about S. 1804 on the floor




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Floor Debate
7 membersWhat members said about S. 1804 on the floor
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Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Bill Text
Latest available legislative text
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1804 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 1804
To reauthorize programs relating to sport fishing and recreational
boating safety, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 30, 2003
Mr. Breaux (for himself, Mr. Lott, and Mr. Hollings) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To reauthorize programs relating to sport fishing and recreational
boating safety, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sport Fishing and Recreational
Boating Safety Act''.
TITLE I--FEDERAL AID IN SPORT FISH RESTORATION ACT AMENDMENTS
SEC. 101. AMENDMENT OF FEDERAL AID IN FISH RESTORATION ACT.
Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of 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,'' approved August 9,
1950 (64 Stat. 430; 16 U.S.C. 777 et seq.).
SEC. 102. AUTHORIZATION OF APPROPRIATIONS.
Section 3 (16 U.S.C. 777b) is amended--
(1) by striking ``the succeeding fiscal year.'' in the
third sentence and inserting ``succeeding fiscal years.''; and
(2) by striking ``in carrying on the research program of
the Fish and Wildlife Service in respect to fish of material
value for sport and recreation.'' and inserting ``to supplement
the 55.3 percent of each annual appropriation to be apportioned
among the States, as provided for in section 4(b) of this
Act.''.
SEC. 103. DIVISION OF ANNUAL APPROPRIATIONS.
Section 4 (16 U.S.C. 777c) is amended--
(1) by striking subsections (a) through (d) and
redesignating subsections (e), (f), and (g) as subsections (b),
(c), and (d);
(2) by inserting before subsection (b), as redesignated,
the following:
``(a) In General.--For fiscal years 2004 through 2009, each annual
appropriation made in accordance with the provisions of section 3 of
this Act shall be distributed as follows:
``(1) Coastal wetlands.--18 percent to the Secretary of the
Interior for distribution as provided in the Coastal Wetlands
Planning, Protection, and Restoration Act (16 U.S.C. 3951 et
seq.).
``(2) Boating safety.--18 percent to the Secretary of
Homeland Security for State recreational boating safety
programs under section 13106 of title 46, United States Code.
``(3) Clean vessel act.--1.9 percent to the Secretary of
the Interior for qualified projects under section 5604(c) of
the Clean Vessel Act of 1992 (33 U.S.C. 1322 note).
``(4) Boating infrastructure.--1.9 percent to the Secretary
of the Interior for obligation for qualified projects under
section 7404(d) of the Sportfishing and Boating Safety Act of
1998 (16 U.S.C. 777g-1(d)).
``(5) National outreach and communications.--1.9 percent to
the Secretary of the Interior for the National Outreach and
Communications Program under section 8(d) of this Act. Such
amounts shall remain available for 3 fiscal years, after which
any portion thereof that is unobligated by the Secretary for
that program may be expended by the Secretary under subsection
(b) of this section.
``(6) Set-aside for expenses for administration of this
chapter.--
``(A) In general.--2.1 percent to the Secretary of
the Interior for expenses for administration incurred
in implementation of this Act, in accordance with this
section, section 9, and section 14 of this Act.
``(B) Apportionment of unobligated funds.--If any
portion of the amount made available to the Secretary
under subparagraph (A) remains unexpended and
unobligated at the end of a fiscal year, that portion
shall be apportioned among the States, on the same
basis and in the same manner as other amounts made
available under this Act are apportioned among the
States under subsection (b) of this section, within 60
days after the end of that fiscal year. Any amount
apportioned among the States under this subparagraph
shall be in addition to any amounts otherwise available
for apportionment among the States under subsection (b)
for the fiscal year.'';
(3) by striking ``of the Interior, after the distribution,
transfer, use, and deduction under subsections (a), (b), (c),
and (d), respectively, and after deducting amounts used for
grants under section 14, shall apportion the remainder'' in
subsection (b), as redesignated, and inserting ``shall
apportion 55.3 percent'';
(4) by striking ``per centum'' each place it appears in
subsection (b), as redesignated, and inserting ``percent'';
(5) by striking ``subsections (a), (b)(3)(A), (b)(3)(B),
and (c)'' in paragraph (1) of subsection (d), as redesignated,
and inserting ``paragraphs (1), (3), (4), and (5) of subsection
(a)''; and
(6) by adding at the end the following:
``(e) Transfer of Certain Funds.--Amounts available under
paragraphs (3) and (4) of subsection (a) that are unobligated by the
Secretary after 3 fiscal years shall be transferred to the Secretary of
Homeland Security and shall be expended for State recreational boating
safety programs under section 13106(a) of title 46, United States
Code.''.
SEC. 104. MAINTENANCE OF PROJECTS.
Section 8 (16 U.S.C. 777g) is amended--
(1) by striking ``in carrying out the research program of
the Fish and Wildlife Service in respect to fish of material
value for sport or recreation.'' in subsection (b)(2) and
inserting ``to supplement the 55.3 percent of each annual
appropriation to be apportioned among the States under section
4(b) of this Act.''; and
(2) by striking ``subsection (c) or (d) of section 4'' in
subsection (d)(3) and inserting ``paragraph (5) or (6) of
section 4(a)''.
SEC. 105. BOATING INFRASTRUCTURE.
Section 7404(d)(1) of the Sportfishing and Boating Safety Act of
1998 (16 U.S.C. 777g-1(d)(1)) is amended by striking ``section
4(b)(3)(B)'' and inserting ``section 4(a)(4)''.
SEC. 106. REQUIREMENTS AND RESTRICTIONS CONCERNING USE OF AMOUNTS FOR
EXPENSES FOR ADMINISTRATION.
Section 9 (16 U.S.C. 777h) is amended--
(1) by striking ``section 4(d)(1)'' in subsection (a) and
inserting ``section 4(a)(6)''; and
(2) by striking ``section 4(d)(1)'' in subsection (b)(1)
and inserting ``section 4(a)(6)''.
SEC. 107. PAYMENTS OF FUNDS TO AND COOPERATION WITH PUERTO RICO, THE
DISTRICT OF COLUMBIA, GUAM, AMERICAN SAMOA, COMMONWEALTH
OF THE NORTHERN MARINA ISLANDS, AND VIRGIN ISLANDS.
Section 12 (16 U.S.C. 777k) is amended by striking ``in carrying on
the research program of the Fish and Wildlife Service in respect to
fish of material value for sport or recreation.'' and inserting ``to
supplement the 55.3 percent of each annual appropriation to be
apportioned among the States under section 4(b) of this Act.''.
SEC. 108. MULTISTATE CONSERVATION GRANT PROGRAM.
Section 14 (16 U.S.C. 777m) is amended--
(1) by striking so much of subsection (a) as precedes
paragraph (2) and inserting the following:
``(a) In General.--
``(1) Amount for grants.--For each of fiscal years 2004
through 2009, 0.9 percent of each annual appropriation made in
accordance with the provisions of section 3 of this Act shall
be distributed to the Secretary of the Interior for making
multistate conservation project grants in accordance with this
section.'';
(2) by striking ``section 4(e)'' each place it appears in
subsection (a)(2)(B) and inserting ``section 4(b)''; and
(3) by striking ``Of the balance of each annual
appropriation made under section 3 remaining after the
distribution and use under subsections (a), (b), and (c) of
section 4 for each fiscal year and after deducting amounts used
for grants under subsection (a)--'' in subsection (e) and
inserting ``Of amounts made available under section 4(a)(6) for
each fiscal year--''.
TITLE II--AMENDMENTS TO THE TRUST FUND CODE
SEC. 201. TRANSFERS FROM THE TRUST FUND FOR MOTORBOAT FUEL TAXES.
Paragraph (4) of section 9503(c) of the Internal Revenue Code of
1986 (26 U.S.C. 9503(c)) is amended--
(1) by striking so much of that paragraph as precedes
subparagraph (C) and inserting the following:
``(4) Transfers from the trust fund for motorboat fuel taxes.--
``(A) Transfer to land and water conservation fund.--
``(i) In general.--The Secretary shall pay from
time to time from the Highway Trust Fund into the land
and water conservation fund provided for in title I of
the Land and Water Conservation Fund Act of 1965
amounts (as determined by him) equivalent to the
motorboat fuel taxes received on or after October 1,
2003, and before October 1, 2009.
``(ii) Limitation.--The aggregate amount
transferred under this subparagraph during any fiscal
year shall not exceed $1,000,000.
``(B) Excess funds transferred to sport fish restoration
account.--Any amounts received in the Highway Trust Fund--
``(i) which are attributable to motorboat fuel
taxes, and
``(ii) which are not transferred from the Highway
Trust Fund under subparagraph (A),
shall be transferred by the Secretary from the Highway Trust
Fund into the Sport Fish Restoration Account in the Aquatic
Resources Trust Fund.''; and
(2) By striking subparagraph (C) and redesignating
subparagraphs (D) and (E) as subparagraphs (C) and (D),
respectively.
SEC. 202. EXPENDITURES FROM THE BOAT SAFETY ACCOUNT.
Section 9504(c) of the Internal Revenue Code of 1986 (26 U.S.C.
9504(c)) is amended to read as follows:
``(c) Expenditures From Boat Safety Account.--Amounts in the Boat
Safety Account on the date of enactment of the Sport Fishing and
Recreational Boating Safety Act, and amounts thereafter credited to the
Account under section 9602(b), shall be available, without further
appropriation, in the following amounts:
``(1) In fiscal year 2004, $28,155,000 shall be
distributed--
``(A) under section 4 of 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,'' approved August 9, 1950 (16 U.S.C.
777c) in the following manner:
``(i) $11,200,000 to be added to funds
available under subsection (a)(2) of that
section,
``(ii) $1,245,000 to be added to funds
available under subsection (a)(3) of that
section,
``(iii) $1,245,000 to be added to funds
available under subsection (a)(4) of that
section,
``(iv) $1,245,000 to be added to funds
available under subsection (a)(5) of that
section, and
``(v) $12,800,000 to be added to funds
available under subsection (b) of that section,
and
``(B) under section 14 of that Act (16 U.S.C.
777m), $420,000, to be added to funds available under
subsection (a)(1) of that section.
``(2) In fiscal year 2005, $22,419,000 shall be
distributed--
``(A) under section 4 of that Act (16 U.S.C. 777c)
in the following manner:
``(i) $8,075,000 to be added to funds
available under subsection (a)(2) of that
section,
``(ii) $713,000 to be added to funds
available under subsection (a)(3) of that
section,
``(iii) $713,000 to be added to funds
available under subsection (a)(4) of that
section,
``(iv) $713,000 to be added to funds
available under subsection (a)(5) of that
section, and
``(v) $11,925,000 to be added to funds
available under subsection (b) of that Act, and
``(B) under section 14 of that Act (16 U.S.C.
777m), $280,000 to be added to funds available under
subsection (a)(1) of that section.
``(3) In fiscal year 2006, $17,139,000 shall be
distributed--
``(A) under section 4 of that Act (16 U.S.C. 777c)
in the following manner:
``(i) $6,800,000 to be added to funds
available under subsection (a)(2) of that
section,
``(ii) $333,000 to be added to funds
available under subsection (a)(3) of that
section,
``(iii) $333,000 to be added to funds
available under subsection (a)(4) of that
section,
``(iv) $333,000 to be added to funds
available under subsection (a)(5) of that
section, and
``(v) $9,200,000 to be added to funds
available under subsection (b) of that section,
and
``(B) under section 14 of that Act (16 U.S.C.
777m), $140,000, to be added to funds available under
subsection (a)(1) of that section.
``(4) In fiscal year 2007, $12,287,000 shall be
distributed--
``(A) under section 4 of that Act (16 U.S.C. 777c)
in the following manner:
``(i) $5,100,000 to be added to funds
available under subsection (a)(2) of that
section,
``(ii) $48,000 to be added to funds
available under subsection (a)(3) of that
section,
``(iii) $48,000 to be added to funds
available under subsection (a)(4) of that
section,
``(iv) $48,000 to be added to funds
available under subsection (a)(5) of that
section, and
``(v) $6,900,000 to be added to funds
available under subsection (b) of that section,
and
``(B) under section 14 of that Act (16 U.S.C.
777m), $143,000, to be added to funds available under
subsection (a)(1) of that section.
``(5) In fiscal year 2008, all remaining funds in the
Account shall be distributed under section 4 of that Act (16
U.S.C. 777c) in the following manner:
``(A) one-third to be added to funds available
under subsection (b), and
``(B) two-thirds to be added to funds available
under subsection (h).''.
TITLE III--CLEAN VESSEL ACT AMENDMENTS
SEC. 301. GRANT PROGRAM.
Section 5604(C)(2) of the Clean Vessel Act of 1992 (33 U.S.C. 1322
note) is amended--
(1) by striking subparagraph (A); and
(2) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively.
TITLE IV--RECREATIONAL BOATING SAFETY PROGRAM AMENDMENTS
SEC. 401. STATE MATCHING FUNDS REQUIREMENT.
Section 13103(b) of title 46, United States Code, is amended by
striking ``one-half'' and inserting ``75 percent''.
SEC. 402. AVAILABILITY OF ALLOCATIONS.
Section 13104(a) of title 46, United States Code, is amended--
(1) by striking ``2 years'' in paragraph (1) and inserting
``3 years''; and
(2) by striking ``2-year'' in paragraph (2) and inserting
``3-year''.
SEC. 403. AUTHORIZATION OF APPROPRIATIONS FOR STATE RECREATIONAL
BOATING SAFETY PROGRAMS.
Section 13106(c) of title 46, United States Code, is amended--
(1) by striking ``Secretary of Transportation under
paragraphs (2) and (3) of section 4(b)'' and inserting
``Secretary under subsections (a)(2) and (e) of section 4'';
and
(2) by inserting ``a minimum of'' before ``$2,000,000''.
SEC. 404. MAINTENANCE OF EFFORT FOR STATE RECREATIONAL BOATING SAFETY
PROGRAMS.
(a) In General.--Chapter 131 of title 46, United States Code, is
amended by inserting after section 13106 the following:
``Sec. 13107. MAINTENANCE OF EFFORT FOR STATE RECREATIONAL BOATING
SAFETY PROGRAMS
``(a) In General.--The amount payable to a State for a fiscal year
from an allocation under section 13103 of this chapter shall be reduced
if the usual amounts expended by the State for the State's recreational
boating safety program, as determined under section 13105 of this
chapter, for the previous fiscal year is less than the average of the
total of such expenditures for the 3 fiscal years immediately preceding
that previous fiscal year. The reduction shall be proportionate, as a
percentage, to the amount by which the level of State expenditures for
such previous fiscal year is less than the average of the total of such
expenditures for the 3 fiscal years immediately preceding that previous
fiscal year.
``(b) Reduction of Threshhold.--If the total amount available for
allocation and distribution under this chapter in a fiscal year for all
participating State recreational boating safety programs is less than
such amount for the preceding fiscal year, the level of State
expenditures required under subsection (a) of this section for the
preceding fiscal year shall be decreased proportionately.
``(c) Waiver.--
``(1) In general.--Upon the written request of a State, the
Secretary may waive the provisions of subsection (a) of this
section for 1 fiscal year if the Secretary determines that a
reduction in expenditures for the State's recreational boating
safety program is attributable to a non-selective reduction in
expenditures for the programs of all Executive branch agencies
of the State government, or for other reasons if the State
demonstrates to the Secretary's satisfaction that such waiver
is warranted.
``(2) 30-day decision.--The Secretary shall approve or deny
a request for a waiver not later than 30 days after the date
the request is received.''.
(b) Conforming Amendment.--The chapter analysis for chapter 131 of
title 46, United States Code, is amended by inserting after the item
relating to section 13106 the following:
``13107. Maintenance of effort for State recreational boating
safety programs.''.
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