[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2973 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2973

To amend the Act popularly known as the Federal Aid in Fish Restoration 
  Act, authorizing assistance to the States for fish restoration and 
              management projects, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 8, 1997

Mr. Tanner (for himself, Mr. Cunningham, Mr. Chambliss, Mr. Peterson of 
 Minnesota, Mr. Young of Alaska, Mr. Dingell, Mr. Baker, Mr. McCrery, 
   Mr. Saxton, Mr. Clement, Mr. John, Mr. Cramer, Mr. Jefferson, Mr. 
   Bonior, Mr. Boehlert, Mr. Gilchrest, Mr. McHugh, Mr. Cooksey, Mr. 
 Watkins, Mr. Frank of Massachusetts, Mr. Abercrombie, Mr. Castle, and 
 Mrs. Johnson of Connecticut) introduced the following bill; which was 
    referred to the Committee on Resources, and in addition to the 
 Committees on Transportation and Infrastructure, and Ways and Means, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Act popularly known as the Federal Aid in Fish Restoration 
  Act, authorizing assistance to the States for fish restoration and 
              management projects, 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 ``Sportfishing and Boating Improvement 
Act of 1997''.

SEC. 2. AMENDMENT OF 1950 ACT.

    Whenever in this Act an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provision of the 
1950 Act, 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 (16 U.S.C. 
777 et seq.), popularly known as the Federal Aid in Fish Restoration 
Act.

SEC. 3. OUTREACH AND COMMUNICATIONS PROGRAMS.

    (a) Definitions.--Section 2 of the 1950 Act (16 U.S.C. 777a) is 
amended--
            (1) by indenting the left margin of so much of the text as 
        precedes ``(a)'' by 2 ems;
            (2) by inserting ``For purposes of this Act--'' after the 
        section caption;
            (3) by striking ``For the purpose of this Act the'' in the 
        first paragraph and inserting ``(1) the'';
            (4) by indenting the left margin of so much of the text as 
        follows ``include--'' by 4 ems;
            (5) by striking ``(a)'', ``(b)'', ``(c)'', and ``(d)'' and 
        inserting ``(A)'', ``(B)'', ``(C)'', and ``(D)'', respectively;
            (6) by striking ``department.'' and inserting 
        ``department;''; and
            (7) by adding at the end thereof the following:
            ``(2) the term `outreach and communications program' means 
        a program to improve communications with anglers, boaters, and 
        the general public regarding angling and boating opportunities, 
        to reduce barriers to participation in these activities, to 
        advance adoption of sound fishing and boating practices, to 
        promote conservation and the responsible use of the nation's 
        aquatic resources, and to further safety in fishing and 
        boating; and
            ``(3) the term `aquatic resource education program' means a 
        program designed to enhance the public's understanding of 
        aquatic resources and sport-fishing, and to promote the 
        development of responsible attitudes and ethics toward the 
        aquatic environment.''.
    (b) Increase in State Allocation.--Section 8 of the 1950 Act (16 
U.S.C. 777g) is amended--
            (1) in subsection (b) by striking ``12\1/2\ per centum'' 
        each place it appears and inserting ``15 percent'';
            (2) in subsection (c) by striking ``10 per centum'' and 
        inserting ``15 percent'';
            (3) in subsection (c) by inserting ``and communications'' 
        after ``outreach''; and
            (4) by redesignating subsection (d) as subsection (f); and 
        by inserting after subsection (c) the following:
    ``(d) National Outreach and Communications Program.--
            ``(1) Implementation.--Within 1 year after the date of 
        enactment of the Sportfishing and Boating Improvement Act of 
        1997, the Secretary of the Interior shall develop and 
        implement, in cooperation and consultation with the Sport 
        Fishing and Boating Partnership Council, a national plan for 
        outreach and communications.
            ``(2) Content.--The plan shall provide--
                    ``(A) guidance, including guidance on the 
                development of an administrative process and funding 
                priorities, for outreach and communications programs; 
                and
                    ``(B) for the establishment of a national program.
            ``(3) Secretary may match or fund programs.--Under the 
        plan, the Secretary may--
                    ``(A) make grants to any State or private entity to 
                pay all or any portion of the cost of carrying out any 
                outreach or communications program under the plan; or
                    ``(B) contract with States or private entities to 
                carry out such a program.
            ``(4) Review.--The plan shall be reviewed periodically, but 
        not less frequently than once every 3 years.
    ``(e) State Outreach and Communications Program.--Within 12 months 
after the completion of the national plan under subsection (d)(1), a 
State shall develop a plan for an outreach and communications program 
and submit it to the Secretary. In developing the plan, a State shall--
            ``(1) review the national plan developed under subsection 
        (d);
            ``(2) consult with anglers, boaters, the sportfishing and 
        boating industries, and the general public; and
            ``(3) establish priorities for the State outreach and 
        communications program proposed for implementation.''.

SEC. 4. CLEAN VESSEL ACT FUNDING.

    Section 4(b) of the 1950 Act (16 U.S.C. 777c(b)) is amended to read 
as follows:
    ``(b) Use of Balance After Distribution.--
            ``(1) In general.--Of the balance of each annual 
        appropriation remaining after making the distribution under 
        subsection (a), an amount equal to $42,500,000 for each of 
        fiscal years 1998 through 2003 shall be used as follows:
                    ``(A) $15,000,000 shall be transferred to the 
                Secretary of Transportation and shall be expended for 
                State recreational boating safety programs under 
                section 13106(a)(1) of title 46, United States Code.
                    ``(B) $10,000,000 shall be available to the 
                Secretary of the Interior for obligation for qualified 
                projects under section 5604(c) of the Clean Vessel Act 
                of 1992 (33 U.S.C. 1322 note).
                    ``(C) $10,000,000 shall be available to the 
                Secretary of the Interior for obligation for qualified 
                projects under section (5)(d) of the Sportfishing and 
                Boating Improvement Act of 1997.
                    ``(D) $7,500,000 shall be available to the 
                Secretary of the Interior for obligation for the 
                national outreach and communications program under 
                section 8(d).
        The Secretary of the Interior shall publish a detailed 
        accounting of the projects, programs, and activities funded 
        under subparagraph (D) annually in the Federal Register. 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 Act.
            ``(2) Amount remaining unobligated after 3 years.--Amounts 
        available under subparagraphs (B) and (C) of paragraph (1) that 
        are unobligated by the Secretary of the Interior after 3 years 
        shall be transferred to the Secretary of Transportation and be 
        expended for State recreational boating safety programs under 
        section 13106(a)(1) of title 46, United States Code.
            ``(3) Carryforward.--Amounts available for the national 
        outreach and education program under paragraph (1)(D) shall 
        remain available for 2 fiscal years after the fiscal year in 
        which the amounts are first available. Amounts available to the 
        program under that paragraph that are unobligated by the 
        Secretary of the Interior more than 2 years after the first 
        fiscal year in which the amounts are available shall be 
        available to the Secretary, in addition to amounts otherwise 
        available, for apportionment under section 4(d).''.

SEC. 5. BOATING INFRASTRUCTURE.

    (a) Purpose.--The purpose of this section is to provide funds to 
States for the development and maintenance of public facilities for 
transient nontrailerable recreational vessels.
    (b) Survey.--Section 8 of the 1950 Act (16 U.S.C. 777g), as amended 
by section 3, is amended by adding at the end thereof the following:
    ``(g) Surveys.--
            ``(1) National framework.--Within 6 months after the date 
        of enactment of the Sportfishing and Boating Improvement Act of 
        1997, the Secretary, in consultation with the States, shall 
        adopt a national framework for a public boat access needs 
        assessment which may be used by States to conduct surveys to 
        determine the adequacy, number, location, and quality of 
        facilities providing access to recreational waters for all 
        sizes of recreational boats.
            ``(2) State surveys.--Within 18 months after such date of 
        enactment, each State that agrees to conduct a public boat 
        access needs survey following the recommended national 
        framework shall report its findings to the Secretary for use in 
        the development of a comprehensive national recreational boat 
        access needs assessment.
            ``(3) Exception.--Paragraph (2) does not apply to a State 
        if, within 18 months after such date of enactment, the 
        Secretary certifies that the State has developed and is 
        implementing a plan that ensures there are and will be public 
        boat access adequate to meet the needs of recreational boaters 
        on its waters.
            ``(4) Funding.--A State that conducts a public boat access 
        needs survey under paragraph (2) may fund the costs of 
        conducting that assessment out of amounts allocated to it as 
        funding dedicated to motorboat access to recreational waters 
        under subsection (b)(1) of this section.''.
    (c) Plan.--Within 6 months after submitting a survey to the 
Secretary under section 8(g) 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. 777g(g)), as added by subsection (b) of this section, a 
State may develop and submit to the Secretary a plan for the 
construction, renovation, and maintenance of public facilities, and 
access to those facilities, for transient nontrailerable recreational 
vessels to meet the needs of nontrailerable recreational vessels 
operating on navigable waters in the State.
    (d) Grant Program.--
            (1) Matching grants.--The Secretary of the Interior shall 
        obligate amounts made available under section 4(b)(1)(C) 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(b)(1)(C)) to make grants to any State to pay not more than 
        75 percent of the cost to a State of constructing, renovating, 
        or maintaining public facilities for transient nontrailerable 
        recreational vessels.
            (2) Priorities.--In awarding grants under paragraph (1), 
        the Secretary shall give priority to projects that--
                    (A) consist of the construction, renovation, or 
                maintenance of public facilities for transient 
                nontrailerable recreational vessels in accordance with 
                a plan submitted by a State under subsection (c);
                    (B) provide for public/private partnership efforts 
                to develop, maintain, and operate facilities for 
                transient nontrailerable recreational vessels; and
                    (C) propose innovative ways to increase the 
                availability of facilities for transient nontrailerable 
                recreational vessels.
    (e) Definitions.--For purposes of this section, the term--
            (1) ``nontrailerable recreational vessel'' means a 
        recreational vessel 26 feet in length or longer--
                    (A) operated primarily for pleasure; or
                    (B) leased, rented, or chartered to another for the 
                latter's pleasure;
            (2) ``public facilities for transient nontrailerable 
        recreational vessels'' includes mooring buoys, day-docks, 
        navigational aids, seasonal slips, or similar structures 
        located on navigable waters, that are available to the general 
        public and designed for temporary use by nontrailerable 
        recreational vessels; and
            (4) ``State'' means each of the several States of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, Guam, American Samoa, the Virgin Islands, and the 
        Commonwealth of the Northern Mariana Islands.
    (f) Effective Date.--This section shall take effect on October 1, 
1997.

SEC. 6. AQUATIC RESOURCES TRUST FUND.

    (a) Excise Tax Amendments.--Sections 4041(a)(2) and 4081(d)(1) of 
the Internal Revenue Code of 1986 are each amended by striking ``1999'' 
and inserting ``2005''.
    (b) Trust Fund Amendments.--
            (1) Section 9503 of such Code is amended--
                    (A) by striking ``1997'' in subsection (c)(4)(A)(i) 
                and inserting ``2005'';
                    (B) by striking subsection (c)(4)(A)(ii) and 
                inserting the following:
                            ``(ii) Limit on transfers during any fiscal 
                        year.--The aggregate amount transferred under 
                        this subparagraph during any fiscal year shall 
                        not exceed $60,000,000 for fiscal year 1998 and 
                        for each fiscal year thereafter.''; and
                    (C) by striking ``1997'' in subsection (c)(5) and 
                inserting ``2005''.
            (2) Section 9504 of such Code is amended--
                    (A) by striking ``(as in effect on October 1, 
                1988)'' in subsection (b)(2)(A) and in subsection (c); 
                and
                    (B) by striking ``April 1, 1998'' in subsection (c) 
                and inserting ``October 1, 2005''.
    (c) Conforming Amendment.--Section 13106 of title 46, United States 
Code, is amended--
            (1) by striking the first sentence of subsection (a)(1) and 
        inserting the following: ``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)).''; and
            (2) by striking subsection (c) and inserting the following:
    ``(c) Of the amount transferred for each fiscal year to the Boat 
Safety Account under section 9503(c)(4)(A) of the Internal Revenue Code 
of 1986, $5,000,000 is available to the Secretary for payment of 
expenses of the Coast Guard for personnel and activities directly 
related to carrying out the national recreational boating safety 
program under 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 the Act of August 9, 1950 (16 U.S.C. 777 et 
seq.). 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.''.
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