[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 421 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 421

  To reauthorize programs relating to sport fishing and recreational 
                boating safety, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 17, 2005

  Mr. Lott (for himself and Mr. Kohl) 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 ``Sportfishing and Recreational 
Boating Safety Act of 2005''.

     TITLE I--FEDERAL AID IN SPORT FISH RESTORATION ACT AMENDMENTS

SEC. 101. AMENDMENT OF FEDERAL AID IN SPORT 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 Dingell-Johnson Sport 
Fish Restoration Act (16 U.S.C. 777 et seq.).

SEC. 102. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--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 57 percent of the balance of each annual appropriation to 
        be apportioned among the States, as provided for in section 
        4(c).''.
    (b) Conforming Amendments.--
            (1) In general.--Section 3 (16 U.S.C. 777b) is amended in 
        the first sentence--
                    (A) by striking ``Sport Fish Restoration Account'' 
                and inserting ``Sport Fish Restoration and Boating 
                Trust Fund''; and
                    (B) by striking ``that Account'' and inserting 
                ``that Trust Fund, except as provided in section 
                9504(c) of the Internal Revenue Code of 1986''.
            (2) Effective date.--The amendments made by paragraph (1) 
        take effect on October 1, 2005.

SEC. 103. DIVISION OF ANNUAL APPROPRIATIONS.

    Section 4 (16 U.S.C. 777c) is amended--
            (1) by striking subsections (a) through (c) and 
        redesignating subsections (d), (e), (f), and (g) as subsections 
        (b), (c), (d), and (e), respectively;
            (2) by inserting before subsection (b), as redesignated by 
        paragraph (1), the following:
    ``(a) In General.--For fiscal years 2006 through 2020, the balance 
of each annual appropriation made in accordance with the provisions of 
section 3 remaining after the distributions for administrative expenses 
and other purposes under subsection (b) and for multistate conservation 
grants under section 14 shall be distributed as follows:
            ``(1) Coastal wetlands.--18.5 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.--18.5 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.--2.0 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.--2.0 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.--2.0 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 
        (c) of this section.'';
            (3) by striking (b)(1)(A), as redesignated by paragraph 
        (1), and inserting the following:
                    ``(A) Set-aside.--For a fiscal year after fiscal 
                year 2005, the Secretary of the Interior may use no 
                more than the amount specified in subparagraph (B) for 
                the fiscal year for expenses of administration incurred 
                in the implementation of this Act, in accordance with 
                this section and section 9. The amount specified in 
                subparagraph (B) for a fiscal year may not be included 
                in the amount of the annual appropriation distributed 
                under subsection (a) for the fiscal year.'';
            (4) by striking ``Secretary 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 (c), as redesignated by paragraph 
        (1), and inserting ``Secretary, for a fiscal year after fiscal 
        year 2005, after the distribution, transfer, use and deduction 
        under subsection (b), and after deducting amounts used for 
        grants under section 14 of this title, shall apportion 57 
        percent of the balance'';
            (5) by striking ``per centum'' each place it appears in 
        subsection (c), as redesignated by paragraph (1), and inserting 
        ``percent'';
            (6) by striking ``subsections (a), (b)(3)(A), (b)(3)(B), 
        and (c)'' in paragraph (1) of subsection (e), as redesignated 
        by paragraph (1), and inserting ``paragraphs (1), (3), (4), and 
        (5) of subsection (a)''; and
            (7) by adding at the end the following:
    ``(f) Transfer of Certain Funds.--Amounts available under 
paragraphs (3) and (4) of subsection (a) that are unobligated by the 
Secretary of the Interior 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 57 percent of the balance of each 
        annual appropriation to be apportioned among the States under 
        section 4(c).''; and
            (2) by striking ``subsection (c) or (d)'' in subsection 
        (d)(3) and inserting ``subsection (a)(5) or subsection (b)''.

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) 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, as amended 
by this Act,'' and inserting ``section 4(a)(4) of the Dingell-Johnson 
Sport Fish Restoration Act''.

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(b)''; and
            (2) by striking ``section 4(d)(1)'' in subsection (b)(1) 
        and inserting ``section 4(b)''.

SEC. 107. PAYMENTS OF FUNDS TO AND COOPERATION WITH PUERTO RICO, THE 
              DISTRICT OF COLUMBIA, GUAM, AMERICAN SAMOA, COMMONWEALTH 
              OF THE NORTHERN MARIANA 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 57 percent of the balance 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 fiscal year after fiscal 
        year 2005, not more than $3,000,000 of each annual 
        appropriation made in accordance with the provisions of section 
        3 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(c)''; 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(b) for 
        each fiscal year--''.

              TITLE II--AMENDMENTS TO THE TRUST FUND CODE

SEC. 201. TRANSFERS OF MOTORBOAT FUEL TAXES FROM THE HIGHWAY TRUST FUND 
              TO THE SPORT FISH RESTORATION AND BOATING TRUST FUND FOR 
              AUTHORIZED EXPENDITURES.

    (a) In General.--Paragraph (4) of section 9503(c) of the Internal 
Revenue Code of 1986 (relating to expenditures from Highway Trust Fund) 
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 the Secretary) equivalent to the 
                        motorboat fuel taxes received on or after 
                        October 1, 2005, and before October 1, 2010.
                            ``(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 and boating trust fund.--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 and Boating Trust Fund.'', and
            (2) by striking subparagraph (C) and redesignating 
        subparagraphs (D) and (E) as subparagraphs (C) and (D), 
        respectively.
    (b) Merging of Accounts.--
            (1) In general.--Subsection (a) of section 9504 of the 
        Internal Revenue Code of 1986 is amended to read as follows:
    ``(a) Creation of Trust Fund.--There is hereby established in the 
Treasury of the United States a trust fund to be known as the `Sport 
Fish Restoration and Boating Trust Fund'. Such Trust Fund shall consist 
of such amounts as may be appropriated, credited, or paid to it as 
provided in this section, section 9503(c)(4), section 9503(c)(5), or 
section 9602(b).''.
            (2) Conforming amendments.--
                    (A) Subsection (b) of section 9504 of such Code is 
                amended--
                            (i) by striking ``Account'' in the heading 
                        and inserting ``and Boating Trust Fund'',
                            (ii) by striking ``Account'' both places it 
                        appears in paragraphs (1) and (2) and inserting 
                        ``and Boating Trust Fund'', and
                            (iii) by striking ``account'' both places 
                        it appears in the headings for paragraphs (1) 
                        and (2) and inserting ``and boating trust 
                        fund''.
                    (B) Paragraph (2) of section 9504(b) of such Code 
                is amended by striking ``Surface Transportation 
                Extension Act of 2004, Part V'' each place it appears 
                and inserting ``Sportfishing and Recreational Boating 
                Safety Act of 2005''.
                    (C) The last sentence of paragraph (2) of section 
                9504(b) of such Code is amended by striking 
                ``subparagraph (B)'' and inserting ``subparagraph 
                (C)''.
                    (D) Subsection (d) of section 9504 of such Code is 
                amended--
                            (i) by striking ``Aquatic Resources'' in 
                        the heading,
                            (ii) by striking ``any Account in the 
                        Aquatic Resources'' in paragraph (1) and 
                        inserting ``the Sports Fish Restoration and 
                        Boating'', and
                            (iii) by striking ``any such Account'' in 
                        paragraph (1) and inserting ``such Trust 
                        Fund''.
                    (E) Paragraph (2) of section 9504(d) is amended by 
                striking ``June 1, 2005'' and inserting ``October 1, 
                2020''.
                    (F) Subsection (e) of section 9504 of such Code is 
                amended by striking ``Boat Safety Account and Sport 
                Fish Restoration Account'' and inserting ``Sport Fish 
                Restoration and Boating Trust Fund''.
                    (G) Section 9504 of such Code is amended by 
                striking ``aquatic resources'' in the heading and 
                inserting ``sport fish restoration and boating''.
                    (H) The item relating to section 9504 in the table 
                of sections for subchapter A of chapter 98 of such Code 
                is amended by striking ``aquatic resources'' and 
                inserting ``sport fish restoration and boating''.
                    (I) Paragraph (5) of section 9503(c) of such Code 
                is amended by striking ``Account in the Aquatic 
                Resources'' in subparagraph (A) and inserting ``and 
                Boating''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2005.

SEC. 202. EXPENDITURES FROM THE BOAT SAFETY ACCOUNT.

    Section 9504(c) of the Internal Revenue Code of 1986 is amended to 
read as follows:
    ``(c) Expenditures From Boat Safety Account.--Amounts in the Boat 
Safety Account on the date of the 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 2006, $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 2007, $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 2008, $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 2009, $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 2010, 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 of title 46, United States Code, is amended--
            (1) in subsection (a)(1), by striking ``section 4(b) of the 
        Act of August 9, 1950'' and inserting ``subsections (a)(2) and 
        (f) of section 4 of the Dingell-Johnson Sport Fish Restoration 
        Act''; and
            (2) in subsection (c)(1)--
                    (A) by striking ``Secretary of Transportation under 
                paragraph (5)(C) of section 4(b)'' and inserting 
                ``Secretary under subsections (a)(2) and (f) of section 
                4''; and
                    (B) by striking ``$1,333,336'' and inserting ``not 
                less than $2,083,333''.

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 Threshold.--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.''.
                                 <all>