[Congressional Record Volume 149, Number 155 (Thursday, October 30, 2003)]
[Senate]
[Pages S13677-S13679]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BREAUX (for himself, Mr. Lott, and Mr. Hollings):
  S. 1804. A bill to reauthorize programs relating to sport fishing and 
recreational boating safety, and for other purposes; to the Committee 
on Commerce, Science, and Transportation.
  Mr. BREAUX. Mr. President, I rise today to introduce the Sport 
Fishing Restoration and Boating Safety Act of 2003. The legislation, 
cosponsored by Senator Lott and Senator Hollings is funded through the 
Aquatic Resources Trust fund, which I am honored to know is commonly 
referred to as the Wallop-Breaux Trust Fund (Wallop-Breaux). This bill 
reauthorizes activities funded by two of the Nation's most effective 
``user-pay, user-benefit'' programs--the Sport Fish Restoration Fund 
and the Recreational Boating Safety Fund--which constitute the 
``Wallop-Breaux'' program.
  In 1984, when I was a member of the House of Representatives, I had 
the privilege of sponsoring, along with then Senator Malcolm Wallop, 
what I consider to be the most significant legislation for anglers and 
boaters to have passed the Congress. We guided through the House and 
Senate legislation that greatly increased funds for fishery and boating 
and related programs in virtually every State of our Nation. In 1985, 
the first year that the Wallop-Breaux amendments were effective, their 
impact caused the funding for fishing and boating programs to increase 
from approximately $35 million to $100 million. Funded by a Federal 
manufacturers' excise taxes on fishing equipment and a percentage of 
the Federal fuel tax attributed to use in motor boats and small 
engines, Wallop-Breaux will this year alone provide to the States 
approximately $450 million to the greatest of outdoor recreations--
fishing and boating. It is sometimes difficult to fathom, but over the 
past nineteen years, Wallop-Breaux has disbursed upwards of $5 billion 
to the States to improve recreational boating and fishing, promote 
conservation, protect the environment and to conserve wetlands.
  As my colleagues know, Wallop-Breaux and other important programs 
funded through the Highway Trust Fund received a five-month extension, 
awaiting consideration of full term reauthorization. Over the last two 
years, I have met with the American League of Anglers and Boaters 
(ALAB), the constituent group comprised of 34 organizations 
representing the spectrum of fishing and boating interests. The purpose 
of these meetings has been to prepare for introduction of this 
reauthorization legislation. I am pleased to report that ALAB support 
the legislation I bring before you today.
  Foremost on everyone's agenda was the need to secure a stable and 
predictable funding base for boating safety grants to the states. The 
challenge was to increase the funding and dependability of delivery of 
boating safety grants to the States.
  I pledged my support to these Wallop-Breaux constituent groups to 
enact improvements to the overall program. After countless meetings and 
considerable deliberation, I am pleased to report that the legislation 
I am introducing today reflects a general consensus on improving 
Wallop-Breaux to the benefit of all stakeholders. I want to stress that 
this would not have been possible without the leadership of Senator 
Lott, Senator Hollings and other key members of the committees having 
joint-jurisdiction over Wallop-Breaux programs. Under the legislation, 
Boating Safety Grants will now have guaranteed and increased funding. 
This program will now receive 18 percent of the total Wallop-Breaux, 
increasing present funding from $64 million to $95 million in the first 
year of enactment.
  The legislation also dissolves the Boat Safety account. The balance 
currently in the account plus the interest,

[[Page S13678]]

approximately $87 million, will be distributed over the next five years 
to accounts in the fund.
  State boat safety grants will now have a 3 to 1 match, the same as 
the Sport Fish Restoration grants, enabling state funds to go farther 
by reimbursing them 75 cents for every Federal dollar.
  And lastly, all programs funded through Wallop-Breaux will be 
assigned a percentage of the total fund to allow a simpler and fairer 
process. When the amount of funds increase or decrease so will all of 
the programs based upon their percentage.
  The growing popularity of recreational boating and fishing has 
created safety, environmental, and access needs that have been 
successfully addressed by the two Wallop-Breaux programs--Recreational 
Boating Safety and Sport Fish Restoration. The reauthorization is 
important for the safety of boaters, the continued enjoyment of 
fishermen, and improvement of our wetlands and waterways.
  This reauthorization will allow continued funding of programs that 
benefit boating safety, coastal wetland protection and restoration and 
sportfish restoration, as well as Clean Vessel Act grants that help to 
keep our waterways clean.
  I appreciate the opportunity to discuss the positive impact of 
Wallop-Breaux programs in years past, as well as presenting significant 
improvements contained in the legislation that I am introducing today. 
I ask that my colleagues join Senator Lott, Senator Hollings and me in 
cosponsoring this landmark legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered printed in the Record 
as follows:

                                S. 1804

       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

[[Page S13679]]

     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 fiends 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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