[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 702 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 702

 To encourage the safe and responsible use of personal watercraft, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 14, 2001

  Mr. Saxton (for himself and Mr. Gilchrest) introduced the following 
    bill; which was referred to the Committee on Transportation and 
 Infrastructure, and in addition to the Committee on Resources, 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 encourage the safe and responsible use of personal watercraft, 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 ``Personal Watercraft Responsible Use 
Act of 2001''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The growing popularity of recreational boating, 
        including personal watercraft, has resulted in increased 
        numbers of boaters competing for limited space, which leads to 
        more boating accidents and a diminished experience for all 
        users.
            (2) Personal watercraft are ``thrill craft'' that are 
        operated differently from other motorized boats, are designed 
        to be highly maneuverable at high speeds, and are capable of 
        operating at high speeds in shallow areas that are typically 
        inaccessible by other motorized boats.
            (3) Irresponsible operation of personal watercraft poses a 
        safety risk for untrained operators and other recreational 
        users, and damages valuable aquatic habitat in shallow waters.

SEC. 3. PURPOSES AND POLICIES.

    The purposes and policies of this Act are the following:
            (1) To ensure the safe and responsible use of personal 
        watercraft in the Nation's waterways.
            (2) To protect sensitive shallow water habitat that is 
        important for many fish and wildlife species.
            (3) To reduce conflicts among recreational boaters by 
        providing a forum for collaborative management efforts to 
        develop innovative boating regulations for overcrowded 
        waterways.
            (4) To provide Federal assistance to States to improve the 
        enforcement of recreational boating laws.

SEC. 4. DEFINITIONS.

    In this Act, the following definitions shall apply:
            (1) Terms defined in coastal zone management act of 1972.--
        Each of the terms ``coastal state'', ``coastal waters'', and 
        ``Secretary'' has the meaning given that term under section 304 
        of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453).
            (2) Personal watercraft.--The term ``personal watercraft'' 
        means a motor vessel that is capable of carrying one or more 
        persons and--
                    (A) uses an inboard motor powering a water jet pump 
                or a caged propeller as its primary source of motive 
                power; and
                    (B) is designed to be operated by a person standing 
                on, kneeling on, sitting in, or sitting astride the 
                vessel.
            (3) No-wake speed.--The term ``no-wake speed'' means the 
        speed at which a personal watercraft moves through the water 
        while maintaining minimum headway and producing the smallest 
        wake possible.

SEC. 5. ENFORCEABLE POLICIES IN THE COASTAL ZONE.

    (a) Withholding of Assistance.--
            (1) In general.--The Secretary shall withhold up to 10 
        percent of a coastal state's assistance in each fiscal year 
        under sections 306 and 309 of the Coastal Zone Management Act 
        of 1972 (16 U.S.C. 1455 and 1456b), unless the coastal state 
        implements enforceable policies and other provisions required 
        under this section regarding the operation of personal 
        watercraft in coastal waters of the State.
            (2) Application.--Paragraph (1) shall apply after the 
        expiration of the 2-year period beginning on the date of the 
        enactment of this Act.
    (b) Enforceable Policies.--Enforceable policies required under this 
section shall prohibit a person from operating a personal watercraft in 
excess of no-wake speed in any of the following areas or manner:
            (1) In any area designated as a sensitive area in the 
        management program of the coastal state under the Coastal Zone 
        Management Act of 1972 (16 U.S.C. 1451 et seq.).
            (2) In waters closer than 200 feet from the shoreline.
            (3) In a designated right-of-way or navigation channel.
            (4) In a manner that injures, harasses, or disturbs wading, 
        roosting, or nesting birds or marine mammals.
    (c) Designation of Sensitive Areas.--
            (1) Designation by state.--In addition to the enforceable 
        policies required under subsection (b), the management program 
        of a coastal state shall include provisions that designate 
        sensitive areas of the coastal state for purposes of subsection 
        (b)(1) in accordance with the criteria issued under paragraph 
        (2) of this subsection.
            (2) Criteria for designation.--The Secretary shall issue 
        criteria for designating sensitive areas under paragraph (1). 
        The criteria shall include a consideration of the following:
                    (A) The presence of unique or valuable aquatic 
                habitat and communities.
                    (B) The presence of aquatic vegetation, nesting 
                birds, shellfish beds, or marine mammals.
                    (C) The importance of an area for other 
                recreational and commercial users.
    (d) Compliance.--A coastal state that has a program that is 
otherwise approved by the Secretary in accordance with section 306(d) 
of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455(d)) may 
comply with subsection (a) of this section by amending or modifying the 
program (in accordance with section 306(e) of that Act) to add 
enforceable policies and other provisions required by that subsection.
    (e) Use of Grants.--A State may use any amount received by the 
State as assistance under section 306 or 309 of the Coastal Zone 
Management Act of 1972 (16 U.S.C. 1455, 1456b) to develop and implement 
enforceable policies and provisions required under this section.
    (f) Regulations.--The Secretary, in consultation with the Secretary 
of Transportation, shall issue regulations implementing this section 
before the expiration of the 1-year period beginning on the date of the 
enactment of this Act.

SEC. 6. PERSONAL WATERCRAFT SAFETY PROGRAM.

    (a) National Personal Watercraft Guidelines.--Within one year after 
the date of enactment of this Act, the Secretary of Transportation 
shall establish guidelines and standards for the operation of personal 
watercraft, consistent with the enforceable policies required under 
section 5(b), in the national recreational boating safety program 
carried out under section 13101 of title 46, United States Code. The 
guidelines and standards shall include--
            (1) mandatory State registration of personal watercraft;
            (2) a minimum age for a personal watercraft operator of at 
        least 16 years of age, unless the operator is accompanied on 
        the vessel by a passenger who has attained an age greater than 
        16 years and who has completed the mandatory training program 
        required under paragraph (3); and
            (3) a requirement that all operators of personal watercraft 
        (including any operator of a rented vessel) must complete a 
        training program that includes safety and conservation 
        components.
    (b) Implementation Funds.--A State may use funds received by the 
State under section 13106 of title 46, United States Code, to develop 
and implement regulations to improve personal watercraft user safety, 
reduce conflicts among personal watercraft operators and other boaters, 
and minimize environmental damage.

SEC. 7. LAW ENFORCEMENT GRANTS.

    (a) In General.--The Secretary of Transportation, subject to the 
availability of appropriations, may make grants to States to enforce 
recreational boating laws and regulations, including purchasing 
necessary equipment and hiring law enforcement personal. A State is 
eligible for assistance under this subsection if the State has--
            (1) implemented a recreational boating safety program that 
        incorporates the national guidelines and standards for personal 
        watercraft established under section 6(a); and
            (2) adopted the enforceable policies described in section 
        5(b), if the State is a coastal state.
    (b) Allocation.--
            (1) In general.--Of the total amount available each fiscal 
        year for grants under this section, the Secretary shall 
        allocate to each State an amount that bears the same ratio to 
        such total amount as the number of recreational vessels 
        registered in that State bears to the total number of 
        recreational vessels registered in all States.
            (2) Limitation on grants to a state.--The total amount 
        awarded to a State each fiscal year as grants under this 
        section may not exceed the allocation to the State under 
        paragraph (1) for the fiscal year.
    (c) Required Match.--As a condition of providing a grant under this 
section to a State, the Secretary shall require the State to provide 
matching funds according to a 1-to-1 ratio of Federal-to-State 
contributions. All State matching funds must be from non-Federal 
sources. The State contribution may be made in the form of in-kind 
contribution of goods or services.

SEC. 8. TASK FORCE DEVELOPMENT GRANTS.

    (a) In General.--The Secretary of Transportation, subject to the 
availability of appropriations, may make grants to States to support 
the activities of collaborative task forces to minimize conflicts 
between personal watercraft and other recreational and commercial 
users. Task forces that receive assistance from the Secretary of 
Transportation under this section shall--
            (1) be organized geographically to minimize user conflicts 
        in a watershed or basin; and
            (2) consist of members that represent personal watercraft 
        recreational users, State boating law administrators, State 
        conservation agencies, other Federal, State, and local agencies 
        with a demonstrated interest in minimizing user conflicts, 
        property owners, and other interested persons.
    (b) Allocation.--The Secretary shall award task force development 
grants on a competitive basis. No State may receive more than 25 
percent of the total amount appropriated for a fiscal year for 
assistance under this subsection.
    (c) Regulations.--The Secretary of Transportation may issue 
regulations and requirements for the task force development grant 
program under this section.
    (d) Required Match.--As a condition of providing a grant under this 
section to a State, the Secretary shall require the State to provide 
matching funds according to a 1-to-1 ratio of Federal-to-State 
contributions. All State matching funds must be from non-Federal 
sources. The State contribution may be made in the form of in-kind 
contribution of goods or services.
    (e) Obligation.--Amounts provided as a grant under this section 
shall be available to the grantee for obligation for 2 years, after 
which any unobligated amount shall revert to the Secretary of 
Transportation and remain available for grants under this section for 
subsequent fiscal years.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) Law Enforcement Grants.--For law enforcement grants under 
section 7, there are authorized to be appropriated to the Secretary of 
Transportation $25,000,000 for each of fiscal years 2002, 2003, and 
2004.
    (b) Task Force Development Grants.--For task force development 
grants under section 8, there are authorized to be appropriated to the 
Secretary of Transportation $2,500,000 for each of fiscal years 2002, 
2003, and 2004.

SEC. 10. STATE AUTHORITY PRESERVED.

    Nothing in this Act limits the authority of a State to establish 
limitations or requirements for the operation of personal watercraft, 
that are more restrictive than the enforceable policies and other 
provisions required by this Act.
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