[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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