[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4477 Reported in House (RH)]

                                                 Union Calendar No. 467
103d CONGRESS
  2d Session
                                H. R. 4477

                          [Report No. 103-849]

 To amend the Act commonly referred to as the ``Dingell-Johnson Sport 
  Fish Restoration Act'' to provide funding for recreational boating 
                safety programs, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 24, 1994

 Mr. Studds (for himself, Mr. Tauzin, Mr. Fields of Texas, Mr. Coble, 
Mr. Bateman,  and Mrs. Fowler) introduced the following bill; which was 
       referred to the Committee on Merchant Marine and Fisheries

                            October 7, 1994

Additional sponsors: Mr. Gejdenson, Mr. Ravenel, Mr. Hochbrueckner, Mr. 
 Kopetski, Mr. Borski, Mr. DeFazio, Mr. Crapo, Ms. Furse, Mr. Manton, 
  Mr. Jefferson, Mr. Hansen, Mr. Wyden, Mr. Callahan, Mr. Barlow, Mr. 
  Hayes, Mr. Mazzoli, Mr. Jacobs, Mr. Blute, Mr. Smith of Oregon, Mr. 
 Clay, Mr. Darden, Mrs. Lloyd, Mr. Underwood, Mr. Murphy, Mr. Clement, 
   Mr. Roth, Mr. Hutchinson, Mr. Moran, Mr. Baker of Louisiana, Mr. 
            Chapman, Mr. Linder, Mr. Wilson, and Mr. Calvert

                            October 7, 1994

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on May 24, 
                                 1994]

_______________________________________________________________________

                                 A BILL


 
 To amend the Act commonly referred to as the ``Dingell-Johnson Sport 
  Fish Restoration Act'' to provide funding for recreational boating 
                safety programs, 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 ``Boating Improvement Act of 1994''.

SEC. 2. BOATING SAFETY GRANTS.

    (a) Transfer of Amounts for State Boating Safety Programs.--
            (1) Transfers.--Section 4(b) of the Act of August 9, 1950 
        (16 U.S.C. 777c(b)), is amended to read as follows:
    ``(b)(1) Of the balance of each annual appropriation remaining 
after making the distribution under subsection (a), an amount equal to 
$15,000,000 for fiscal year 1995, $40,000,000 for fiscal year 1996, 
$55,000,000 for fiscal year 1997, and $69,000,000 for each of fiscal 
years 1998 and 1999, shall, subject to paragraph (2), be used as 
follows:
            ``(A) A sum equal to $7,500,000 of the amount available for 
        fiscal year 1995, and a sum equal to $10,000,000 of the amount 
        available for each of fiscal years 1996 and 1997, shall be 
        available for use by the Secretary of the Interior for grants 
        under section 5604(c) of the Clean Vessel Act of 1992. Any 
        portion of such a sum available for a fiscal year that is not 
        obligated for those grants before the end of the following 
        fiscal year shall be transferred to the Secretary of 
        Transportation and shall be expended by the Secretary of 
        Transportation for State recreational boating safety programs 
        under section 13106 of title 46, United States Code.
            ``(B) A sum equal to $7,500,000 of the amount available for 
        fiscal year 1995, $30,000,000 of the amount available for 
        fiscal year 1996, $45,000,000 of the amount available for 
        fiscal year 1997, and $59,000,000 of the amount available for 
        each of fiscal years 1998 and 1999, shall be transferred to the 
        Secretary of Transportation and shall be expended by the 
        Secretary of Transportation for State recreational boating 
        safety programs under section 13106 of title 46, United States 
        Code.
            ``(C) A sum equal to $10,000,000 of the amount available 
        for each of fiscal years 1998 and 1999 shall be available for 
        use by the Secretary of the Interior for--
                    ``(i) grants under section 3(e) of the Boating 
                Improvement Act of 1994; and
                    ``(ii) grants under section 5604(c) of the Clean 
                Vessel Act of 1992.
Any portion of such a sum available for a fiscal year that is not 
obligated for those grants before the end of the following fiscal year 
shall be transferred to the Secretary of Transportation and shall be 
expended by the Secretary of Transportation for State recreational 
boating safety programs under section 13106 of title 46, United States 
Code.
    ``(2)(A) Beginning with fiscal year 1996, the amount transferred 
under paragraph (1)(B) for a fiscal year shall be reduced by the lesser 
of--
            ``(i) the amount appropriated to the Secretary of 
        Transportation for that fiscal year to carry out the purposes 
        of section 13106 of title 46, United States Code, from the Boat 
        Safety Account in the Aquatic Resources Trust Fund established 
        under section 9504 of the Internal Revenue Code of 1986; or
            ``(ii) $35,000,000; or
            ``(iii) for fiscal year 1996 only, $30,000,000.
    ``(B) The amount of any reduction under subparagraph (A) shall be 
apportioned among the several States under subsection (d) by the 
Secretary of the Interior.''.
            (2) Conforming amendment.--Section 5604(c)(1) of the Clean 
        Vessel Act of 1992 (33 U.S.C. 1322 note) is amended by striking 
        ``section 4(b)(2) of the Act of August 9, 1950 (16 U.S.C. 
        777c(b)(2), as amended by this Act)'' and inserting ``section 
        4(b)(1) of the Act of August 9, 1950 (16 U.S.C. 777c(b)(1))''.
            (3) Limitation on other distribution.--Notwithstanding any 
        other law, the amount distributed under section 4(a) of the Act 
        of August 9, 1950 (16 U.S.C. 777c(a)), in fiscal year 1996 may 
        not exceed $50,000,000.
    (b) Expenditure of Amounts for State Recreational Boating Safety 
Programs.--Section 13106 of title 46, United States Code, is amended--
            (1) in subsection (a)(1) by striking the first sentence and 
        inserting the following: ``Subject to paragraph (2), the 
        Secretary shall expend under contracts with States under this 
        chapter in each fiscal year for State recreational boating 
        safety programs an amount equal to the sum of the amount 
        appropriated from the Boat Safety Account for that fiscal year 
        plus the amount transferred to the Secretary under section 
        4(b)(1) of the Act of August 9, 1950 (16 U.S.C. 777c(b)(1)) for 
        that fiscal year.''; and
            (2) by amending subsection (c) to read as follows:
    ``(c) For expenditure under this chapter for State recreational 
boating safety programs there are authorized to be appropriated to the 
Secretary of Transportation from the Boat Safety Account established 
under section 9503(c)(4) of the Internal Revenue Code of 1986 (26 
U.S.C. 9503(c)(4)) not more than $35,000,000 each fiscal year.''.

SEC. 3. BOATING ACCESS.

    (a) Findings.--The Congress makes the following findings:
            (1) Nontrailerable recreational motorboats contribute 15 
        percent of the gasoline taxes deposited in the Aquatic 
        Resources Trust Fund while constituting less than 5 percent of 
        the recreational vessels in the United States.
            (2) The majority of recreational vessel access facilities 
        constructed with Aquatic Resources Trust Fund moneys benefit 
        trailerable recreational vessels.
            (3) More Aquatic Resources Trust Fund moneys should be 
        spent on recreational vessel access facilities that benefit 
        recreational vessels that are nontrailerable vessels.
    (b) Purpose.--The purpose of this section is to provide funds to 
States for the development of public facilities for transient 
nontrailerable vessels.
    (c) Survey.--Within 18 months after the date of the enactment of 
this Act, any State may complete and submit to the Secretary of the 
Interior a survey which identifies--
            (1) the number and location in the State of all public 
        facilities for transient nontrailerable vessels; and
            (2) the number and areas of operation in the State of all 
        nontrailerable vessels that operate on navigable waters in the 
        State.
    (d) Plan.--Within 6 months after submitting a survey to the 
Secretary of the Interior in accordance with subsection (c), a State 
may develop and submit to the Secretary of the Interior a plan for the 
construction and renovation of public facilities for transient 
nontrailerable vessels to meet the needs of nontrailerable vessels 
operating on navigable waters in the State.
    (e) Grant Program.--
            (1) Matching grants.--The Secretary of the Interior may 
        obligate not less than \1/2\ of the amount made available for 
        each of fiscal years 1998 and 1999 under section 4(b)(1)(C) of 
        the Act of August 9, 1950, as amended by section 2(a)(1) of 
        this Act, to make grants to any State to pay not more than 75 
        percent of the cost of constructing or renovating public 
        facilities for transient nontrailerable vessels.
            (2) Priorities.--
                    (A) In general.--In awarding grants under this 
                subsection, the Secretary of the Interior shall give 
                priority to projects that consist of the construction 
                or renovation of public facilities for transient 
                nontrailerable vessels in accordance with a plan 
                submitted by a State submitted under subsection (b).
                    (B) Within state.--In awarding grants under this 
                subsection for projects in a particular State, the 
                Secretary of the Interior shall give priority to 
                projects that are likely to serve the greatest number 
                of nontrailerable vessels.

SEC. 4. DEFINITIONS.

    For the purpose of this Act the term--
            (1) ``Act of August 9, 1950'' means 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. 777a et seq.);
            (2) ``nontrailerable vessel'' means a recreational vessel 
        greater than 26 feet in length;
            (3) ``public facilities for transient nontrailerable 
        vessels'' means mooring buoys, day-docks, seasonal slips or 
        similar structures located on navigable waters, that are 
        available to the general public and designed for temporary use 
        by nontrailerable vessels;
            (4) ``recreational vessel'' means a vessel--
                    (A) operated primarily for pleasure; or
                    (B) leased, rented, or chartered to another for the 
                latter's pleasure; and
            (5) ``State'' means each of the several States of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, Guam, American Samoa, the United States Virgin 
        Islands, and the Commonwealth of the Northern Mariana Islands.




                                                 Union Calendar No. 467

103d CONGRESS

  2d Session

                               H. R. 4477

                          [Report No. 103-849]

_______________________________________________________________________

                                 A BILL

 To amend the Act commonly referred to as the ``Dingell-Johnson Sport 
  Fish Restoration Act'' to provide funding for recreational boating 
                safety programs, and for other purposes.

_______________________________________________________________________

                            October 7, 1994

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed