Stat/Auth

§ 12507

TITLE 46—SHIPPING

tion system to an agency, a State, or a qualified person. The Secretary may also delegate the authority to
charge fees under section 12505 for requesting information from or making information available to the vessel identification system.

§ 12507. Penalties
(a) A person shall be fined under title 18, imprisoned for not more than 2 years, or both, if
the person with the intent to defraud—
(1) provides false information to the Secretary of Transportation or a State issuing authority regarding the identification of a vessel
under this chapter; or
(2) tampers with, removes, or falsifies the
unique vessel identification number assigned
to a vessel under section 12502 of this title.
(b) A person is liable to the United States Government for a civil penalty of not more than
$10,000 if the person—
(1) provides false information to the Secretary or a State issuing authority regarding
the identification of a vessel under this chapter;
(2) violates section 12502 of this title; or
(3) fails to comply with requirements prescribed by the Secretary under section 12505 of
this title.
(c) A vessel involved in a violation of this
chapter, or regulation under this chapter, and
its equipment, may be seized by, and forfeited
to, the Government.
(d) If a person, not an individual, is involved in
a violation of this chapter, the president or chief
executive of the person also is subject to any
penalty provided under this section.
(Added Pub. L. 100–710, title I, § 101(a), Nov. 23,
1988, 102 Stat. 4737.)
HISTORICAL AND REVISION NOTES
Revised section 12507
This section establishes criminal and civil penalties
for certain violations of chapter 125 of title 46 (as enacted by this Act).

PART I—STATE BOATING SAFETY PROGRAMS
CHAPTER 131—RECREATIONAL BOATING
SAFETY
Sec.

13101.
13102.
13103.
13104.
13105.
13106.
13107.
13108.
13109.
13110.

Definitions.
State recreational boating safety programs.
Program acceptance.
Allocations.
Availability of allocations.
Computation decisions about State amounts
expended.
Authorization of appropriations.
Computing amounts allocated to States and
State records requirements.
Consultation, cooperation, and regulation.
National Boating Safety Advisory Council.
HISTORICAL AND REVISION NOTES

This Chapter establishes the recreational boating
safety and facility program administered by the Coast
Guard. The general purpose is to encourage State participation in boating safety education and enforcement
activities.
AMENDMENTS
2006—Pub. L. 109–304, § 16(b)(3), Oct. 6, 2006, 120 Stat.
1705, added item 13101 and redesignated former items
13101 to 13106 as 13102 to 13107, respectively.

Page 190

1998—Pub. L. 105–178, title VII, § 7405(c)(2), June 9,
1998, 112 Stat. 488, substituted ‘‘appropriations’’ for
‘‘contract spending’’ in item 13106.
1984—Pub. L. 98–369, div. A, title X, § 1016(c)(2), July
18, 1984, 98 Stat. 1020, struck out item 13107 ‘‘National
Recreational Boating Safety and Facilities Improvement Fund’’.

§ 13101. Definitions
In this chapter:
(1) ELIGIBLE STATE.—The term ‘‘eligible
State’’ means a State that has a State recreational boating safety program accepted by
the Secretary.
(2) STATE RECREATIONAL BOATING SAFETY
PROGRAM.—The term ‘‘State recreational
boating safety program’’ means education, assistance, and enforcement activities conducted
for maritime casualty prevention, reduction,
and reporting for recreational boating.
(Pub. L. 109–304, § 16(b)(2), Oct. 6, 2006, 120 Stat.
1705.)
HISTORICAL AND REVISION NOTES
Section 16 of the bill [H.R. 1442, which became Pub. L.
109–304] moves the definitions relating to the recreational boating safety program from section
2102(a)(1) and (3) to chapter 131 because the terms only
appear in chapter 131.
Section 16 of the bill also eliminates the special definitions of ‘‘State’’ and ‘‘United States’’ in section
2102(a)(2) as including the Trust Territory of the Pacific
Islands because the Trust Territory has been terminated. See the definitions of ‘‘State’’ and ‘‘United
States’’ in section 2101, which are being moved to chapter 1 and being made applicable title-wide. Those definitions already include the Northern Mariana Islands,
the only component of the former Trust Territory still
under United States sovereignty.
PRIOR PROVISIONS
A prior section 13101 was renumbered section 13102 of
this title.

§ 13102. State recreational boating safety programs
(a) To encourage greater State participation
and uniformity in boating safety efforts, and
particularly to permit the States to assume the
greater share of boating safety education, assistance, and enforcement activities, the Secretary shall carry out a national recreational
boating safety program. Under this program, the
Secretary shall make contracts with, and allocate and distribute amounts to, eligible States
to assist them in developing, carrying out, and
financing State recreational boating safety programs.
(b) The Secretary shall establish guidelines
and standards for the program. In doing so, the
Secretary—
(1) shall consider, among other things, factors affecting recreational boating safety by
contributing to overcrowding and congestion
of waterways, such as the increasing number
of recreational vessels operating on those
waterways and their geographic distribution,
the availability and geographic distribution of
recreational boating facilities in and among
applying States, and State marine casualty
and fatality statistics for recreational vessels;
(2) shall consult with the Secretary of the
Interior to minimize duplication with the pur-

Page 191

§ 13102

TITLE 46—SHIPPING

poses and expenditures of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C.
460l–4—460l–11) the Federal Aid in Sport Fish
Restoration Act of 1950 (16 U.S.C. 777–777k),
and with the guidelines developed under those
Acts; and
(3) shall maintain environmental standards
consistent with the Coastal Zone Management
Act of 1972 (16 U.S.C. 1451–1464) and other laws
and policies of the United States intended to
safeguard the ecological and esthetic quality
of the waters and wetlands of the United
States.
(c) A State whose recreational boating safety
program has been approved by the Secretary is
eligible for allocation and distribution of
amounts under this chapter to assist that State
in developing, carrying out, and financing its
program. Matching amounts shall be allocated
and distributed among eligible States by the
Secretary as provided by section 13104 of this
title.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 592, § 13101;
Pub. L. 98–369, div. A, title X, § 1011(b), July 18,
1984, 98 Stat. 1013; Pub. L. 101–595, title III,
§ 312(a), Nov. 16, 1990, 104 Stat. 2987; renumbered
§ 13102 and amended Pub. L. 109–304, § 16(b)(1),
(c)(3), Oct. 6, 2006, 120 Stat. 1705, 1706.)
HISTORICAL AND REVISION NOTES
Revised section
13101 ............................................

Source section (U.S. Code)
46:1474

Section 13101(a) authorizes the Secretary to make
contracts with, and allocate amounts to eligible States
to assist them in carrying out their recreational boating safety and facilities improvement programs.
Subsection (b) requires the Secretary to establish
guidelines and standards for the program, and specifies
specific conditions the Secretary must consider, requires consultation with the Secretary of the Interior,
and to maintain environmental standards consistent
with the Coastal Zone Management Act.
Subsection (c) makes the States who meet the standards prescribed by the Secretary eligible for the
amounts authorized under this chapter.
REFERENCES IN TEXT
The Land and Water Conservation Fund Act of 1965,
referred to in subsec. (b)(2), is Pub. L. 88–578, Sept. 3,
1964, 78 Stat. 897, as amended, which is classified generally to part B (§ 460l–4 et seq.) of subchapter LXIX of
chapter 1 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note
set out under section 460l–4 of Title 16 and Tables.
The Federal Aid in Sport Fish Restoration Act of
1950, referred to in subsec. (b)(2), is act Aug. 9, 1950, ch.
658, 64 Stat. 430, as amended, also known as the DingellJohnson Sport Fish Restoration Act, the Federal Aid in
Fish Restoration Act, and the Fish Restoration and
Management Projects Act, which is classified generally
to chapter 10B (§ 777 et seq.) of Title 16. For complete
classification of this Act to the Code, see Short Title
note set out under section 777 of Title 16 and Tables.
The Coastal Zone Management Act of 1972, referred to
in subsec. (b)(3), is title III of Pub. L. 89–454 as added by
Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1280, as amended,
which is classified generally to chapter 33 (§ 1451 et seq.)
of Title 16. For complete classification of this Act to
the Code, see Short Title note set out under section
1451 of Title 16 and Tables.
PRIOR PROVISIONS
A prior section 13102 was renumbered section 13103 of
this title.

AMENDMENTS
2006—Pub. L. 109–304, § 16(b)(1), renumbered section
13101 of this title as this section.
Subsec. (c). Pub. L. 109–304, § 16(c)(3), substituted
‘‘section 13104’’ for ‘‘section 13103’’.
1990—Subsec. (b)(2). Pub. L. 101–595 substituted ‘‘the
Federal Aid in Sport Fish Restoration Act of 1950 (16
U.S.C. 777–777k), and with the guidelines developed
under those Acts; and’’ for ‘‘and with the guidelines developed under that Act; and’’.
1984—Subsec. (a). Pub. L. 98–369, § 1011(b), struck out
‘‘and facility improvement’’ after ‘‘in boating safety’’,
struck out ‘‘and facilities improvement’’ in two places
after ‘‘recreational boating safety’’, and substituted
‘‘shall’’ for ‘‘may’’ in second sentence.
Subsec. (c). Pub. L. 98–369, § 1011(b)(1)(B), struck out
‘‘and facilities improvement’’ after ‘‘recreational boating safety’’.
EFFECTIVE DATE OF 1984 AMENDMENT
Pub. L. 98–369, div. A, title X, subtitle B, part I, subpart A (§§ 1010–1013), § 1013, July 18, 1984, 98 Stat. 1014,
provided that: ‘‘The amendments made by this subpart
[amending this section and sections 2102, 13102, 13103,
13105, 13106, 13108, and 13109 of this title and enacting a
provision set out as a note under this section] shall
take effect on October 1, 1984, and shall apply with respect to fiscal years beginning after September 30,
1984.’’
SURVEY OF FUEL USE BY RECREATIONAL VESSELS
Pub. L. 100–448, § 6(d), Sept. 28, 1988, 102 Stat. 1841, provided that:
‘‘(1) IN GENERAL.—The Secretary of Transportation
and the Secretary of the Interior shall jointly conduct
a survey of—
‘‘(A) the number, size, and primary uses of recreational vessels operating on the waters of the
United States; and
‘‘(B) the amount and types of fuel used by those
vessels.
‘‘(2) AUTHORIZATION OF CONTRACTS.—The Secretary of
Transportation and the Secretary of the Interior may
enter into contracts for the performance of a survey
pursuant to this subsection.
‘‘(3) REPORT.—The Secretary of the Interior and the
Secretary of Transportation shall jointly submit a report to the Speaker of the House of Representatives
and to the President pro tempore of the Senate which
describes the results of the survey conducted pursuant
to this section not later than November 15, 1992.
‘‘(4) FUNDING.—Activities under this subsection may
be carried out—
‘‘(A) using amounts available to the Secretary of
the Interior for administrative expenses under 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’ (64
Stat. 430; 16 U.S.C. 777 et seq.); and
‘‘(B) subject to appropriations, using amounts
available to the Secretary of Transportation under
section 13106(a)(1) [now section 13107(a)(1)] of title 46,
United States Code (as amended by this Act).’’
CONGRESSIONAL DECLARATION OF POLICY FOR 1984
AMENDMENT
Pub. L. 98–369, div. A, title X, subtitle B, part I
(§§ 1010–1017), § 1010, July 18, 1984, 98 Stat. 1012, provided
that: ‘‘It is declared to be the policy of Congress and
the purpose of this part [enacting sections 4162 and 9504
of Title 26, Internal Revenue Code, amending this section, sections 2102, 13102, 13103, 13105, 13106, 13108, and
13109 of this title, sections 777, 777b to 777e, 777g, and
777k of Title 16, Conservation, and sections 4161 and 9503
of Title 26, repealing section 13107 of this title, and enacting provisions set out as notes under this section,
section 777 of Title 16, and sections 4161, 4162, and 9504
of Title 26] to improve recreational boating safety and
to foster greater development, use, and enjoyment of

§ 13103

TITLE 46—SHIPPING

all waters of the United States by encouraging and assisting participation by the States, the boating industry, and the boating public in activities related to increasing boating safety; by authorizing the establishment of national construction and performance standards for boats and associated equipment; by creating
more flexible authority governing the use of boats and
equipment; and by facilitating the provision of services
by the United States Coast Guard on behalf of boating
safety. It is further declared to be the policy of Congress to encourage greater and continuing uniformity
of boating laws and regulations among the States and
the Federal Government, to encourage and assist the
States in exercising their authorities in boating safety,
to foster greater cooperation and assistance between
the Federal Government and the States in administering and enforcing Federal and State laws and regulations pertaining to boating safety, and to equitably utilize taxes paid on fuel use in motor boats in a manner
which enhances boating safety.’’
[For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.]

§ 13103. Program acceptance
(a) The Secretary shall make a contract with,
and allocate and distribute amounts from the
Sport Fish Restoration and Boating Trust Fund
established by section 9504 of the Internal Revenue Code of 1986 (26 U.S.C. 9504) to, a State that
has an approved State recreational boating safety program, if the State demonstrates to the
Secretary’s satisfaction that—
(1) the program submitted by that State is
consistent with this chapter and chapters 61
and 123 of this title;
(2) amounts distributed will be used to develop and carry out a State recreational boating safety program containing the minimum
requirements of subsection (c) of this section;
(3) sufficient State matching amounts are
available from general State revenue, undocumented vessel numbering and license fees,
State marine fuels taxes, or from a fund constituted from the proceeds of those taxes and
established to finance a State recreational
boating safety program; and
(4) the program submitted by that State designates a State lead authority or agency that
will carry out or coordinate carrying out the
State recreational boating safety program
supported by financial assistance of the
United States Government in that State, including the requirement that the designated
State authority or agency submit required reports that are necessary and reasonable to
carry out properly and efficiently the program
and that are in the form prescribed by the Secretary.
(b) Amounts of the Government (except
amounts from sources referred to in subsection
(a)(3) of this section) may not be used to provide
a State’s share of the costs of the program described under this section. State matching
amounts committed to a program under this
chapter may not be used to constitute the
State’s share of matching amounts required by
another program of the Government.

Page 192

(c) The Secretary shall approve a State recreational boating safety program, and the program is eligible to receive amounts authorized
to be expended under section 13107 of this title,
if the program includes—
(1) a vessel numbering system approved or
carried out by the Secretary under chapter 123
of this title;
(2) a cooperative boating safety assistance
program with the Coast Guard in that State;
(3) sufficient patrol and other activity to ensure adequate enforcement of applicable State
boating safety laws and regulations;
(4) an adequate State boating safety education program, that includes the dissemination of information concerning the hazards of
operating a vessel when under the influence of
alcohol or drugs; and
(5) a system, approved by the Secretary, for
reporting marine casualties required under
section 6102 of this title.
(d) The Secretary’s approval under this section is a contractual obligation of the Government for the payment of a proportionate share
of the cost of carrying out the program.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 593, § 13102;
Pub. L. 98–369, div. A, title X, § 1011(c), July 18,
1984, 98 Stat. 1013; Pub. L. 98–557, § 7(b)(3), Oct. 30,
1984, 98 Stat. 2862; Pub. L. 99–307, § 1(17), May 19,
1986, 100 Stat. 446; Pub. L. 99–626, § 4(a), (b), Nov.
7, 1986, 100 Stat. 3505; Pub. L. 100–448, § 6(b)(3)–(5),
Sept. 28, 1988, 102 Stat. 1840; Pub. L. 101–595, title
III, § 312(b), Nov. 16, 1990, 104 Stat. 2987; Pub. L.
109–59, title X, § 10141, Aug. 10, 2005, 119 Stat.
1931; renumbered § 13103 and amended Pub. L.
109–304, §§ 15(25), 16(b)(1), (c)(4), Oct. 6, 2006, 120
Stat. 1704–1706.)
HISTORICAL AND REVISION NOTES
Revised section
13102 ............................................

Source section (U.S. Code)
46:1475

Section 13102(a) authorizes the Secretary to contract
with the States and allocate the amounts of them if
they demonstrate to the satisfaction of the Secretary
that they have a program consistent with this chapter
and chapters 61 and 123, that the amounts received will
be used to develop and carry out their recreational
boating safety and facilities improvement programs,
that they have sufficient matching amounts available
from specified revenue sources to meet the objectives
of the program, that they will submit required reports
to the Secretary to ensure continued compliance with
the objectives of this chapter.
Subsection (b) prohibits a State from using any other
funds received from the Federal Government to meet
their required State match.
Subsections (c) and (d) require the Secretary to approve a State’s recreational boating safety and facilities improvement program if the program meets the
specified requirements of this subsection.
Subsection (e) makes the approval of a State’s program a contractual obligation of the Government to
pay the Federal portion of the cost to carry out the
program.
Subsection (f) allows a State to submit a combined
boating safety and facility improvement program if it
meets the requirements of all of the objectives of both
programs.
PRIOR PROVISIONS
A prior section 13103 was renumbered section 13104 of
this title.

Page 193

§ 13104

TITLE 46—SHIPPING
AMENDMENTS

EFFECTIVE DATE OF 1984 AMENDMENT

2006—Pub. L. 109–304, § 16(b)(1), renumbered section
13102 of this title as this section.
Subsec. (a). Pub. L. 109–304, § 15(25), inserted ‘‘(26
U.S.C. 9504)’’ after ‘‘Internal Revenue Code of 1986’’.
Subsec. (c). Pub. L. 109–304, § 16(c)(4), substituted
‘‘section 13107’’ for ‘‘section 13106’’.
2005—Subsec. (a). Pub. L. 109–59 substituted ‘‘the
Sport Fish Restoration and Boating Trust Fund’’ for
‘‘the Boat Safety Account’’ in introductory provisions.
1990—Subsec. (a)(3). Pub. L. 101–595, § 312(b)(1), inserted ‘‘State’’ after ‘‘general’’.
Subsec. (c)(4). Pub. L. 101–595, § 312(b)(2), inserted ‘‘or
drugs’’ after ‘‘alcohol’’.
Subsec. (d). Pub. L. 101–595, § 312(b)(3), substituted ‘‘a
proportionate share’’ for ‘‘the proportional share’’.
1988—Subsec. (a). Pub. L. 100–448, § 6(b)(4), substituted
‘‘1986’’ for ‘‘1954.’’ in introductory provisions.
Subsec. (a)(4). Pub. L. 100–448, § 6(b)(5), amended par.
(4) generally. Prior to amendment, par. (4) read as follows: ‘‘the program submitted by that State designates
a State lead authority or agency that will carry out or
coordinate carrying out out the State recreational
boating safety program supported by financial assistance of the United States Government in that State,
including the requirement that the designated State
authority or agency submit required reports that are
necessary and reasonable to carry out properly and efficiently the program and that are in the form prescribed
by the Secretary.’’
Subsec. (b). Pub. L. 100–448, § 6(b)(3), substituted ‘‘(except amounts from’’ for ‘‘from sources (except’’.
1986—Subsec. (a). Pub. L. 99–626, § 4(a), substituted
‘‘Boat Safety Account established by section 9504 of the
Internal Revenue Code of 1954.’’ for ‘‘Fund established
under section 13107 of this title’’ in introductory provisions.
Subsec. (a)(4). Pub. L. 99–626, § 4(b), inserted ‘‘out’’
after ‘‘carrying’’.
Pub. L. 99–307 substituted ‘‘carrying out the State’’
for ‘‘carrying the State’’.
1984—Subsec. (a). Pub. L. 98–369, § 1011(c)(1), (2), in
provisions preceding par. (1) substituted ‘‘shall’’ for
‘‘may’’ and struck out ‘‘and facilities improvement’’
after ‘‘boating safety’’.
Subsec. (a)(2). Pub. L. 98–369, § 1011(c)(1), (3), struck
out ‘‘, (d), or (f)’’ after ‘‘requirements of subsection (c)’’
and struck out ‘‘and facilities improvement’’ after
‘‘boating safety’’.
Subsec. (a)(3), (4). Pub. L. 98–369, § 1011(c)(1), struck
out ‘‘and facilities improvement’’ after ‘‘boating safety’’.
Subsec. (c)(4). Pub. L. 98–557 inserted provisions relating to dissemination of information concerning the
hazards of operating a vessel when under the influence
of alcohol.
Subsecs. (d), (e). Pub. L. 98–369, § 1011(c)(4), redesignated subsec. (e) as (d). Former subsec. (d), which related to approval of a State recreational boating facilities
improvement program by the Secretary, was struck
out.
Subsec. (f). Pub. L. 98–369, § 1011(c)(4), struck out subsec. (f) which related to submission by a State to the
Secretary of a combined program for the improvement
of recreational boating safety and recreational boating
facilities.

Amendment by Pub. L. 98–369 effective Oct. 1, 1984, to
apply with respect to fiscal years beginning after Sept.
30, 1984, see section 1013 of Pub. L. 98–369, set out as a
note under section 13101 of this title.

EFFECTIVE DATE OF 2005 AMENDMENTS
From Aug. 10, 2005, to end of fiscal year 2005, subsec.
(a) of this section considered to read as immediately
before enactment of Pub. L. 109–59, see section 101(b) of
Pub. L. 109–74, set out as a note under section 777b of
Title 16, Conservation.
Amendment by Pub. L. 109–59 effective Oct. 1, 2005,
see section 10102 of Pub. L. 109–59, set out as a note
under section 777b of Title 16, Conservation.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100–448 effective Oct. 1, 1988,
see section 6(e) of Pub. L. 100–448, set out as a note
under section 777 of Title 16, Conservation.

TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 13104. Allocations
(a) The Secretary shall allocate amounts
available for allocation and distribution under
this chapter for State recreational boating safety programs as follows:
(1) One-third shall be allocated equally each
fiscal year among eligible States.
(2) One-third shall be allocated among eligible States that maintain a State vessel numbering system approved under chapter 123 of
this title and a marine casualty reporting system approved under this chapter so that the
amount allocated each fiscal year to each eligible State will be in the same ratio as the
number of vessels numbered in that State
bears to the number of vessels numbered in all
eligible States.
(3) One-third shall be allocated so that the
amount allocated each fiscal year to each eligible State will be in the same ratio as the
amount of State amounts expended by the
State for the State recreational boating safety
program during the prior fiscal year bears to
the total State amounts expended during that
fiscal year by all eligible States for State recreational boating safety programs.
(b) The amount received by a State under this
section in a fiscal year may be not more than
one-half of the total cost incurred by that State
in developing, carrying out, and financing that
State’s recreational boating safety program in
that fiscal year.
(c) The Secretary may allocate not more than
5 percent of the amounts available for allocation
and distribution in a fiscal year for national
boating safety activities of national nonprofit
public service organizations.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 594, § 13103;
Pub. L. 98–369, div. A, title X, § 1011(d), July 18,
1984, 98 Stat. 1013; Pub. L. 101–595, title III,
§ 312(c), Nov. 16, 1990, 104 Stat. 2987; renumbered
§ 13104, Pub. L. 109–304, § 16(b)(1), Oct. 6, 2006, 120
Stat. 1705.)
HISTORICAL AND REVISION NOTES
Revised section
13103 ............................................

Source section (U.S. Code)
46:1476

Section 13103 requires the Secretary to allocate the
amounts available for recreational boating safety and
facilities improvement programs according to a specific formula:
(1) 1⁄3 shall be allocated equally to each eligible
State:

§ 13105

TITLE 46—SHIPPING

(2) 1⁄3 shall be allocated to those States maintaining
an approved numbering system; and
(3) 1⁄3 shall be allocated to the State in the proportion that the State obligated in the prior fiscal year
to the total amount obligated by all of the States in
the prior fiscal year.
PRIOR PROVISIONS
A prior section 13104 was renumbered section 13105 of
this title.
AMENDMENTS
2006—Pub. L. 109–304 renumbered section 13103 of this
title as this section.
1990—Subsec. (a)(3). Pub. L. 101–595 struck out ‘‘or obligated’’ after ‘‘expended’’ in two places.
1984—Subsec. (b). Pub. L. 98–369, § 1011(d), redesignated subsec. (c) as (b), struck out ‘‘and facilities improvement’’ after ‘‘boating safety’’, and struck out
former subsec. (b) which related to allocation of
amounts for State recreational boating facilities improvement programs by the Secretary.
Subsec. (c). Pub. L. 98–369, § 1011(d)(1), redesignated
subsec. (e) as (c). Former subsec. (c) redesignated (b).
Subsec. (d). Pub. L. 98–369, § 1011(d)(1), struck out subsec. (d) which provided that an allocation or distribution of amounts under this section may not be made to
a State to maintain boating facilities under that
State’s approved recreational boating safety and facilities improvement program.
Subsec. (e). Pub. L. 98–369, § 1011(d)(1), redesignated
subsec. (e) as (c).
Subsec. (f). Pub. L. 98–369, § 1011(d)(1), struck out subsec. (f) which provided that the Secretary could extend
amounts necessary to carry out this chapter but that
there was a limitation on the total amount allocable.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–369 effective Oct. 1, 1984, to
apply with respect to fiscal years beginning after Sept.
30, 1984, see section 1013 of Pub. L. 98–369, set out as a
note under section 13101 of this title.
PAYMENT OF ADMINISTRATIVE COSTS; RETENTION OF
AMOUNT PRIOR TO ALLOCATIONS
Pub. L. 99–640, § 7(d), Nov. 10, 1986, 100 Stat. 3548,
which related to retention of amounts appropriated for
State recreational boating safety programs prior to
making allocations for a fiscal year, was repealed by
Pub. L. 100–448, § 6(b)(1)(B), Sept. 28, 1988, 102 Stat. 1840.

§ 13105. Availability of allocations
(a)(1) Amounts allocated to a State shall be
available for obligation by that State for a period of 3 years after the date of allocation.
(2) Amounts allocated to a State that are not
obligated at the end of the 3-year period referred
to in paragraph (1) shall be withdrawn and allocated by the Secretary in addition to any other
amounts available for allocation in the fiscal
year in which they are withdrawn or the following fiscal year.
(b) Amounts available to the Secretary for
State recreational boating safety programs for a
fiscal year that have not been allocated at the
end of the fiscal year shall be allocated among
States in the next fiscal year in addition to
amounts otherwise available for allocation to
States for that next fiscal year.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 595, § 13104;
Pub. L. 99–307, § 1(18), May 19, 1986, 100 Stat. 446;
Pub. L. 102–587, title V, § 5101, Nov. 4, 1992, 106
Stat. 5070; Pub. L. 105–178, title VII, § 7405(a),
June 9, 1998, 112 Stat. 487; Pub. L. 109–59, title X,
§ 10142, Aug. 10, 2005, 119 Stat. 1931; renumbered

Page 194

§ 13105, Pub. L. 109–304, § 16(b)(1), Oct. 6, 2006, 120
Stat. 1705.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

13104 ............................................

46:1477

Section 13104 allows a State to use any of the
amounts received from the Secretary over a 3 year period. If the State does not spend the money within that
period, the amounts revert to the Secretary, who will
make the amounts available along with the amounts
available for that year.
PRIOR PROVISIONS
A prior section 13105 was renumbered section 13106 of
this title.
AMENDMENTS
2006—Pub. L. 109–304 renumbered section 13104 of this
title as this section.
2005—Subsec. (a)(1). Pub. L. 109–59, § 10142(1), substituted ‘‘3 years’’ for ‘‘2 years’’.
Subsec. (a)(2). Pub. L. 109–59, § 10142(2), substituted ‘‘3year’’ for ‘‘2-year’’.
1998—Subsec. (a)(1). Pub. L. 105–178, § 7405(a)(1), substituted ‘‘2 years’’ for ‘‘3 years’’.
Subsec. (a)(2). Pub. L. 105–178, § 7405(a)(2), substituted
‘‘2-year’’ for ‘‘3-year’’.
1992—Pub. L. 102–587 amended section generally. Prior
to amendment, section read as follows:
‘‘(a) Amounts allocated to a State shall be available
for obligation by that State for a period of 3 years after
the date of allocation. Amounts unobligated by the
State at the end of the 3 years shall be withdrawn by
the Secretary and shall be available with other
amounts to be allocated by the Secretary during that
fiscal year.
‘‘(b) Amounts available to the Secretary for State
recreational boating safety programs that have not
been allocated at the end of a fiscal year shall be carried forward as part of the total allocation of amounts
for the next fiscal year that may be expended under
this chapter.’’
1986—Subsec. (b). Pub. L. 99–307 inserted ‘‘for State
recreational boating safety programs’’ after ‘‘Secretary’’.
EFFECTIVE DATE OF 2005 AMENDMENTS
From Aug. 10, 2005, to end of fiscal year 2005, subsec.
(a) of this section considered to read as immediately
before enactment of Pub. L. 109–59, see section 101(b) of
Pub. L. 109–74, set out as a note under section 777b of
Title 16, Conservation.
Amendment by Pub. L. 109–59 effective Oct. 1, 2005,
see section 10102 of Pub. L. 109–59, set out as a note
under section 777b of Title 16, Conservation.

§ 13106. Computation
amounts expended

decisions

about

State

(a) Consistent with regulations prescribed by
the Secretary, the computation by a State of
amounts expended for the State recreational
boating safety program shall include—
(1) the acquisition, maintenance, and operating costs of land, facilities, equipment, and
supplies;
(2) personnel salaries and reimbursable expenses;
(3) the costs of training personnel;
(4) public boat safety education;
(5) the costs of carrying out the program;
and
(6) other expenses that the Secretary considers appropriate.

Page 195

TITLE 46—SHIPPING

(b) The Secretary shall decide an issue arising
out of the computation made under subsection
(a) of this section.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 596, § 13105;
Pub. L. 98–369, div. A, title X, § 1011(e), July 18,
1984, 98 Stat. 1013; Pub. L. 101–595, title III,
§ 312(c), Nov. 16, 1990, 104 Stat. 2987; renumbered
§ 13106, Pub. L. 109–304, § 16(b)(1), Oct. 6, 2006, 120
Stat. 1705.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

13105 ............................................

46:1478

Section 13105 prescribes what amounts expended or
obligated by a State will be counted toward the State’s
share. This section also authorizes the Secretary to
settle any dispute over the computations required by
this section.
PRIOR PROVISIONS
A prior section 13106 was renumbered section 13107 of
this title.
AMENDMENTS
2006—Pub. L. 109–304 renumbered section 13105 of this
title as this section.
1990—Subsec. (a). Pub. L. 101–595 struck out ‘‘or obligated’’ after ‘‘expended’’ in provisions preceding par.
(1).
1984—Subsec. (a). Pub. L. 98–369 struck out ‘‘and facilities improvement’’ after ‘‘boating safety’’ in provisions preceding par. (1).
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–369 effective Oct. 1, 1984, to
apply with respect to fiscal years beginning after Sept.
30, 1984, see section 1013 of Pub. L. 98–369, set out as a
note under section 13101 of this title.

§ 13107. Authorization of appropriations
(a)(1) 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 made available from the Boat Safety
Account for that fiscal year under section 15 of
the Dingell-Johnson Sport Fish Restoration Act
and (B) the amount transferred to the Secretary
under subsections (a)(2) and (f) of section 4 of
the Dingell-Johnson Sport Fish Restoration Act
(16 U.S.C. 777c(a)(2) and (f)). The amount shall be
allocated as provided under section 13104 of this
title and shall be available for State recreational boating safety programs as provided
under the guidelines established under subsection (b) of this section. Amounts authorized
to be expended for State recreational boating
safety programs shall remain available until expended and are deemed to have been expended
only if an amount equal to the total amounts
authorized to be expended under this section for
the fiscal year in question and all prior fiscal
years have been obligated. Amounts previously
obligated but released by payment of a final
voucher or modification of a program acceptance shall be credited to the balance of unobligated amounts and are immediately available
for expenditure.
(2) The Secretary shall use not more than two
percent of the amount available each fiscal year

§ 13107

for State recreational boating safety programs
under this chapter to pay the costs of investigations, personnel, and activities related to administering those programs.
(b) The Secretary shall establish guidelines
prescribing the purposes for which amounts
available under this chapter for State recreational boating safety programs may be used.
Those purposes shall include—
(1) providing facilities, equipment, and supplies for boating safety education and law enforcement, including purchase, operation,
maintenance, and repair;
(2) training personnel in skills related to
boating safety and to the enforcement of boating safety laws and regulations;
(3) providing public boating safety education, including educational programs and
lectures, to the boating community and the
public school system;
(4) acquiring, constructing, or repairing public access sites used primarily by recreational
boaters;
(5) conducting boating safety inspections
and marine casualty investigations;
(6) establishing and maintaining emergency
or search and rescue facilities, and providing
emergency or search and rescue assistance;
(7) establishing and maintaining waterway
markers and other appropriate aids to navigation; and
(8) providing State recreational vessel numbering and titling programs.
(c)(1) Of the amount transferred to the Secretary under subsection (a)(2) of section 4 of the
Dingell-Johnson Sport Fish Restoration Act (16
U.S.C. 777c(a)(2)), $5,500,000 is available to the
Secretary for payment of expenses of the Coast
Guard for personnel and activities directly related to coordinating and carrying out the national recreational boating safety program
under this title, of which not less than $2,000,000
shall be available to the Secretary only to ensure compliance with chapter 43 of this title.
(2) 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 section.
(3) Amounts made available by this subsection
shall remain available during the 2 succeeding
fiscal years. Any amount that is unexpended or
unobligated at the end of the 3-year period during which it is available shall be withdrawn by
the Secretary and allocated to the States in addition to any other amounts available for allocation in the fiscal year in which they are withdrawn or the following fiscal year.
(4) The Secretary shall publish annually in the
Federal Register a detailed accounting of the
projects, programs, and activities funded under
this subsection.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 596, § 13106;
Pub. L. 98–369, div. A, title X, § 1012, July 18, 1984,
98 Stat. 1013; Pub. L. 99–626, § 4(c), Nov. 7, 1986,
100 Stat. 3505; Pub. L. 99–640, § 7(b), (c), Nov. 10,
1986, 100 Stat. 3548; Pub. L. 100–448, § 6(b)(1)(A),
(2), (6), Sept. 28, 1988, 102 Stat. 1839, 1840; Pub. L.
105–178, title VII, § 7405(b), (c)(1), June 9, 1998, 112
Stat. 487, 488; Pub. L. 108–88, § 9(c), Sept. 30, 2003,

§ 13107

TITLE 46—SHIPPING

117 Stat. 1126; Pub. L. 108–202, § 7(c), Feb. 29, 2004,
118 Stat. 484; Pub. L. 108–224, § 6(c), Apr. 30, 2004,
118 Stat. 632; Pub. L. 108–263, § 6(c), June 30, 2004,
118 Stat. 704; Pub. L. 108–280, § 6(c), July 30, 2004,
118 Stat. 882; Pub. L. 108–310, § 9(c), Sept. 30, 2004,
118 Stat. 1159; Pub. L. 109–14, § 8(c), May 31, 2005,
119 Stat. 335; Pub. L. 109–20, § 8(c), July 1, 2005,
119 Stat. 357; Pub. L. 109–35, § 8(c), July 20, 2005,
119 Stat. 390; Pub. L. 109–37, § 8(c), July 22, 2005,
119 Stat. 405; Pub. L. 109–40, § 8(c), July 28, 2005,
119 Stat. 421; Pub. L. 109–59, title X, § 10143, Aug.
10, 2005, 119 Stat. 1931; Pub. L. 109–74, title I,
§ 102, title II, § 203, Sept. 29, 2005, 119 Stat. 2030,
2032; renumbered § 13107 and amended Pub. L.
109–304, § 16(b)(1), (c)(5), Oct. 6, 2006, 120 Stat.
1705, 1706.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

13106 ............................................

46:1479

Section 13106 provides the Secretary with liquidating
contract authority in an amount equal to the revenues
received from the motor boat fuel tax. One third shall
be used for State boating safety programs, and 2⁄3 shall
be used for State facilities improvement programs. And
as provided in Section 13102(f), the approval of a State’s
program makes it a contractual obligation of the
United States Government to provide the amounts
available.
REFERENCES IN TEXT
Section 15 of the Dingell-Johnson Sport Fish Restoration Act, referred to in subsec. (a)(1), is classified to
section 777n of Title 16, Conservation.
PRIOR PROVISIONS
A prior section 13107, Pub. L. 98–89, Aug. 26, 1983, 97
Stat. 596, established the National Recreational Boating Safety and Facilities Improvement Fund, prior to
repeal by Pub. L. 98–369, div. A, title X, § 1016(c)(1), July
18, 1984, 98 Stat. 1020. See section 9504 of Title 26, Internal Revenue Code.
AMENDMENTS
2006—Pub. L. 109–304, § 16(b)(1), renumbered section
13106 of this title as this section.
Subsec. (a)(1). Pub. L. 109–304, § 16(c)(5), substituted
‘‘section 13104’’ for ‘‘section 13103’’.
2005—Subsec. (a)(1). Pub. L. 109–59, § 10143(2), as
amended by Pub. L. 109–74, § 102(2), substituted ‘‘subsections (a)(2) and (f) of section 4 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c(a)(2) and
(f))’’ for ‘‘section 4(b) of the Act of August 9, 1950 (16
U.S.C. 777c(b))’’.
Pub. L. 109–59, § 10143(1), as amended by Pub. L. 109–74,
§ 102(1), substituted ‘‘the amount made available from
the Boat Safety Account for that fiscal year under section 15 of the Dingell-Johnson Sport Fish Restoration
Act’’ for ‘‘the amount appropriated from the Boat Safety Account for that fiscal year’’.
Subsec. (a)(2). Pub. L. 109–59, § 10143(3), struck out
‘‘not less than one percent and’’ before ‘‘not more than
two percent’’.
Subsec. (c)(1). Pub. L. 109–74, § 203, substituted
‘‘$5,000,000’’ for ‘‘$4,150,685’’ and ‘‘$2,000,000’’ for
‘‘$1,660,274’’.
Pub. L. 109–59, § 10143(4)(D), as amended by Pub. L.
109–74, § 102(3)(B), amended par. (1) as amended by Pub.
L. 109–74, § 203, by inserting ‘‘not less than’’ before
‘‘$2,000,000’’. See Effective Date of 2005 Amendments
note below.
Pub. L. 109–59, § 10143(4)(C), as amended by Pub. L.
109–74, § 102(3)(B), amended par. (1) as amended by Pub.
L. 109–74, § 203, by substituting ‘‘$5,500,000’’ for
‘‘$5,000,000’’. See Effective Date of 2005 Amendments
note below.

Page 196

Pub. L. 109–59, § 10143(4)(B), as amended by Pub. L.
109–74, § 102(3)(A), substituted ‘‘(16 U.S.C. 777c(a)(2))’’ for
‘‘(16 U.S.C. 777c(b))’’.
Pub. L. 109–59, § 10143(4)(A), substituted ‘‘Secretary
under subsection (a)(2) of section 4’’ for ‘‘Secretary of
Transportation under paragraph (5)(C) of section 4(b)’’.
Pub. L. 109–40 substituted ‘‘$4,150,685’’ for ‘‘$4,100,000’’
and ‘‘$1,660,274’’ for ‘‘$1,643,836’’.
Pub. L. 109–37 substituted ‘‘$4,100,000’’ for ‘‘$4,050,000’’
and ‘‘$1,643,836’’ for ‘‘$1,620,003’’.
Pub. L. 109–35 substituted ‘‘$4,050,000’’ for ‘‘$4,000,000’’
and ‘‘$1,620,003’’ for ‘‘$1,600,000’’.
Pub. L. 109–20 substituted ‘‘$4,000,000’’ for ‘‘$3,750,003’’
and ‘‘$1,600,000’’ for ‘‘$1,500,003’’.
Pub. L. 109–14 substituted ‘‘$3,750,003’’ for ‘‘$3,333,336’’
and ‘‘$1,500,003’’ for ‘‘$1,333,336’’.
Subsec. (c)(3). Pub. L. 109–59, § 10143(5), as amended by
Pub. L. 109–74, § 102(4), substituted ‘‘during the 2 succeeding fiscal years. Any amount that is unexpended or
unobligated at the end of the 3-year period during
which it is available shall be withdrawn by the Secretary and allocated to the States in addition to any
other amounts available for allocation in the fiscal
year in which they are withdrawn or the following fiscal year.’’ for ‘‘until expended.’’
2004—Subsec. (c). Pub. L. 108–310 amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: ‘‘Of the amount transferred to the Secretary of
Transportation under paragraph (4) of section 4(b) of
the Dingell-Johnson Sport Fish Restoration Act (16
U.S.C. 777c(b)), $5,000,000 is available to the Secretary
for payment of expenses of the Coast Guard for personnel and activities directly related to coordinating and
carrying out the national recreational boating safety
program under this title, of which $2,000,000 shall be
available to the Secretary only to ensure compliance
with chapter 43 of 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 this section. 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.’’
Pub. L. 108–280 substituted ‘‘$5,000,000’’ for ‘‘$4,166,668’’
and ‘‘$2,000,000’’ for ‘‘$1,666,668’’.
Pub. L. 108–263 substituted ‘‘$4,166,668’’ for ‘‘$3,750,001’’
and ‘‘$1,666,668’’ for ‘‘$1,500,001’’.
Pub. L. 108–224 substituted ‘‘$3,750,001’’ for ‘‘$2,916,667’’
and ‘‘$1,500,001’’ for ‘‘$1,166,667’’.
Pub. L. 108–202 substituted ‘‘$2,916,667’’ for ‘‘$2,083,333’’
and ‘‘$1,166,667’’ for ‘‘$833,333’’.
2003—Subsec. (c). Pub. L. 108–88 amended first sentence generally. Prior to amendment, first sentence
read as follows: ‘‘Of the amount transferred for each
fiscal year to the Secretary of Transportation under
paragraphs (2) and (3) of section 4(b) of the Act of August 9, 1950 (16 U.S.C. 777c(b)), $5,000,000 is available to
the Secretary for payment of expenses of the Coast
Guard for personnel and activities directly related to
coordinating and carrying out the national recreational boating safety program under this title, of
which $2,000,000 shall be available to the Secretary only
to ensure compliance with chapter 43 of this title.’’
1998—Pub. L. 105–178, § 7405(c)(1), substituted ‘‘appropriations’’ for ‘‘contract spending’’ in section catchline.
Subsec. (a)(1). Pub. L. 105–178, § 7405(b)(1), substituted
‘‘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)).’’ for ‘‘Subject
to paragraph (2), the Secretary may expend in each fiscal year, subject to amounts as are provided in appropriations laws for liquidation of contract authority, an
amount equal to 1⁄2 of the amount transferred for such

Page 197

§ 13108

TITLE 46—SHIPPING

fiscal year to the Boat Safety Account under section
9503(c)(4) of the Internal Revenue Code of 1986 (26 U.S.C.
9503(c)(4)).’’
Subsec. (a)(2). Pub. L. 105–178, § 7405(b)(2), substituted
‘‘available’’ for ‘‘appropriated’’.
Subsec. (c). Pub. L. 105–178, § 7405(b)(3), added subsec.
(c) and struck out former subsec. (c) which read as follows: ‘‘An amount equal to one-half of the amount
transferred for each fiscal year to the Boat Safety Account under section 9503(c)(4) of the Internal Revenue
Code of 1986 (26 U.S.C. 9503(c)(4)) is available to the Secretary for expenditures out of the operating expenses
account of the Coast Guard for services provided by the
Coast Guard for recreational boating safety, including
services provided by the Coast Guard Auxiliary. Expenditures for a fiscal year under this subsection shall
not exceed expenditures for the fiscal year under subsection (a). Amounts made available by this subsection
shall remain available until expended.’’
1988—Subsec. (a). Pub. L. 100–448, § 61(b)(1)(A), designated existing provisions as par. (1), added par. (2),
and amended first sentence of par. (1) generally. Prior
to amendment, first sentence read as follows: ‘‘The
Secretary may expend in each of the fiscal years 1985,
1986, 1987, and 1988, subject to amounts as are provided
in appropriations laws for liquidation of contract authority, an amount equal to one-half for Fiscal Year
1987 and two-thirds for each Fiscal Year thereafter of
the amount transferred for such fiscal year to the Boat
Safety Account under section 9503(c)(4) of the Internal
Revenue Code of 1986 (26 U.S.C. 9503(c)(4)).’’
Subsec. (c). Pub. L. 100–448, § 6(b)(2)(A), struck out
‘‘for Fiscal Year 1987 and one-third for each fiscal year
thereafter.’’ after ‘‘An amount equal to one-half’’ in
first sentence.
Pub. L. 100–448, § 6(b)(6), substituted ‘‘1986’’ for ‘‘1954’’
in first sentence.
Pub. L. 100–448, § 6(b)(2)(B), inserted after first sentence ‘‘Expenditures for a fiscal year under this subsection shall not exceed expenditures for the fiscal year
under subsection (a).’’
1986—Subsec. (a). Pub. L. 99–640, § 7(c), substituted
‘‘one-half for Fiscal Year 1987 and two-thirds for each
Fiscal Year thereafter’’ for ‘‘two-thirds’’.
Subsec. (b). Pub. L. 99–626 substituted ‘‘shall’’ for
‘‘may’’ after ‘‘Those purposes’’ in introductory provisions and substituted ‘‘and’’ for ‘‘or’’ in par. (8).
Subsec. (c). Pub. L. 99–640, § 7(b), substituted ‘‘onehalf for Fiscal Year 1987 and one-third for each Fiscal
Year thereafter.’’ for ‘‘one-third’’.
1984—Pub. L. 98–369 amended section generally and,
among other changes, struck out all references to a facilities improvement program, inserted provisions directing the Secretary to establish guidelines prescribing the purposes for which amounts available under
this chapter for State recreational safety boating programs may be used, and made available to the Secretary an amount equal to one-third of the amount
transferred for each fiscal year to the Boat Safety Account under section 9503(c)(4) of title 26 to be used for
expenditures out of the operating expenses account of
the Coast Guard for services provided by the Coast
Guard for recreational boating safety, including services provided by the Coast Guard Auxiliary.

EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–369 effective Oct. 1, 1984, to
apply with respect to fiscal years beginning after Sept.
30, 1984, see section 1013 of Pub. L. 98–369, set out as a
note under section 13101 of this title.
BOATING SAFETY FUND
Pub. L. 99–272, title VI, § 6001, Apr. 7, 1986, 100 Stat.
121, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100
Stat. 2095, required that one-third of the amount transferred for fiscal year 1985 to the Boat Safety Account
under former section 9503(c)(4) of Title 26, be deposited
in the general fund of the Treasury as proprietary receipts of the department in which the Coast Guard was
operating and ascribed to Coast Guard activities and
that former section 13106(a) of this title be applied with
respect to fiscal year 1985 by substituting ‘‘one-third’’
for ‘‘two-thirds’’ in the first sentence.

§ 13108. Computing amounts allocated to States
and State records requirements
(a) Amounts allocated and distributed under
section 13104 of this title shall be computed and
paid to the States as follows:
(1) During the second quarter of a fiscal year
and on the basis of computations made under
section 13106 of this title and submitted by the
States for the preceding fiscal year, the Secretary shall determine the percentage of the
amounts available to which each eligible State
is entitled for the next fiscal year.
(2) Notice of the percentage and of the dollar
amount, if it can be determined, for each
State shall be provided to the States at the
earliest practicable time.
(3) If the Secretary determines that an
amount made available to a State for a prior
fiscal year is greater or less than the amount
that should have been made available to the
State for the prior fiscal year, because of later
or more accurate State expenditure information, the amount for the current fiscal year
may be increased or decreased by the appropriate amount.

EFFECTIVE DATE OF 1988 AMENDMENT

(b) The Secretary shall schedule the payment
of amounts, consistent with the program purposes and applicable regulations prescribed by
the Secretary of the Treasury, to minimize the
time elapsing between the transfer of amounts
from the Treasury and the subsequent disbursement of the amounts by a State.
(c) The Secretary shall notify a State authority or agency that further payments will be
made to the State only when the program complies with the prescribed standards or a failure
to comply substantially with standards is corrected if the Secretary, after reasonable notice
to the designated State authority or agency,
finds that—
(1) the State recreational boating safety program submitted by the State and accepted by
the Secretary has been so changed that it no
longer complies with this chapter or standards
prescribed by regulations; or
(2) in carrying out the State recreational
boating safety program, there has been a failure to comply substantially with the standards prescribed by regulations.

Amendment by Pub. L. 100–448 effective Oct. 1, 1988,
see section 6(e) of Pub. L. 100–448, set out as a note
under section 777 of Title 16, Conservation.

(d) The Secretary shall provide for the accounting, budgeting, and other fiscal procedures
that are necessary and reasonable to carry out

EFFECTIVE DATE OF 2005 AMENDMENTS
From Aug. 10, 2005, to end of fiscal year 2005, subsecs.
(a) and (c)(1), (3) of this section considered to read as
immediately before enactment of Pub. L. 109–59, except
as provided by the amendments by section 203 of Pub.
L. 109–74, see section 101(b) of Pub. L. 109–74, set out as
a note under section 777b of Title 16, Conservation.
Amendment by Pub. L. 109–59 effective Oct. 1, 2005,
see section 10102 of Pub. L. 109–59, set out as a note
under section 777b of Title 16, Conservation.

§ 13109

TITLE 46—SHIPPING

this section properly and efficiently. Records related to amounts allocated under this chapter
shall be made available to the Secretary and the
Comptroller General to conduct audits.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 596; Pub. L.
98–369, div. A, title X, § 1011(f), July 18, 1984, 98
Stat. 1013; Pub. L. 101–595, title III, § 312(d), Nov.
16, 1990, 104 Stat. 2987; Pub. L. 104–324, title VII,
§ 746(a)(3), (4), Oct. 19, 1996, 110 Stat. 3943; Pub. L.
109–304, § 16(c)(6), Oct. 6, 2006, 120 Stat. 1706.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

13108 ............................................

46:1480

Section 13108 sets forth the manner that the Secretary shall compute the amounts to be allocated to
the States, State record requirements, and authority
for the General Accounting Office to review the records
when conducting audits.
AMENDMENTS
2006—Subsec. (a). Pub. L. 109–304 substituted ‘‘section
13104’’ for ‘‘section 13103’’ in introductory provisions
and ‘‘section 13106’’ for ‘‘section 13105’’ in par. (1).
1996—Subsec. (a)(1). Pub. L. 104–324 substituted ‘‘preceding’’ for ‘‘proceeding’’ and ‘‘Secretary’’ for
‘‘Secertary’’.
1990—Subsec. (a)(1). Pub. L. 101–595 amended par. (1)
generally. Prior to amendment, par. (1) read as follows:
‘‘During the last quarter of a fiscal year and on the
basis of computations made under section 13105 of this
title and submitted by the States, the Secretary shall
determine the percentage of the amounts available for
the next fiscal year to which each eligible State is entitled.’’
1984—Subsec. (c)(1), (2). Pub. L. 98–369 struck out ‘‘and
facilities improvement’’ after ‘‘boating safety’’.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–369 effective Oct. 1, 1984, to
apply with respect to fiscal years beginning after Sept.
30, 1984, see section 1013 of Pub. L. 98–369, set out as a
note under section 13101 of this title.

§ 13109. Consultation, cooperation, and regulation
(a) In carrying out responsibilities under this
chapter, the Secretary may consult with State
and local governments, public and private agencies, organizations and committees, private industry, and other persons having an interest in
boating safety.
(b) The Secretary may advise, assist, and cooperate with the States and other interested
public and private agencies in planning, developing, and carrying out boating safety programs.
Acting under section 141 of title 14, the Secretary shall ensure the fullest cooperation between the State and United States Government
authorities in promoting boating safety by making agreements and other arrangements with
States when possible. Subject to chapter 23 of
title 14, the Secretary may make available, on
request of a State, the services of members of
the Coast Guard Auxiliary to assist the State in
promoting boating safety on State waters.
(c) The Secretary may prescribe regulations to
carry out this chapter.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 597; Pub. L.
98–369, div. A, title X, § 1011(g), July 18, 1984, 98
Stat. 1013.)

Page 198
HISTORICAL AND REVISION NOTES

Revised section

Source section (U.S. Code)

13109 ............................................

46:1481

Section 13109 authorizes the Secretary to consult
with State and local governments, public and private
agencies, and any other persons that have an interest
in boating safety.
This section also authorizes the Secretary to advise
and assist the States and other public and private agencies in the planning and carrying out of their boating
safety and facilities improvement programs.
AMENDMENTS
1984—Subsec. (a). Pub. L. 98–369 struck out ‘‘and facilities improvement’’ after ‘‘boating safety’’.
Subsec. (b). Pub. L. 98–369 struck out ‘‘and facilities
improvement’’ after ‘‘and carrying out boating safety’’.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–369 effective Oct. 1, 1984, to
apply with respect to fiscal years beginning after Sept.
30, 1984, see section 1013 of Pub. L. 98–369, set out as a
note under section 13101 of this title.

§ 13110. National Boating Safety Advisory Council
(a) The Secretary shall establish a National
Boating Safety Advisory Council. The Council
shall consist of 21 members appointed by the
Secretary, whom the Secretary considers to
have a particular expertise, knowledge, and experience in recreational boating safety.
(b)(1) The membership of the Council shall
consist of—
(A) 7 representatives of State officials responsible for State boating safety programs;
(B) 7 representatives of recreational vessel
manufacturers and associated equipment manufacturers; and
(C) 7 representatives of national recreational
boating organizations and from the general
public, at least 5 of whom shall be representatives of national recreational boating organizations.
(2) Additional individuals from the sources referred to in paragraph (1) of this subsection may
be appointed to panels of the Council to assist
the Council in performing its duties.
(3) At least once a year, the Secretary shall
publish a notice in the Federal Register soliciting nominations for membership on the Council.
(c) In addition to the consultation required by
section 4302 of this title, the Secretary shall
consult with the Council on other major boating
safety matters related to this chapter. The
Council may make available to Congress information, advice, and recommendations that the
Council is authorized to give to the Secretary.
(d) When serving away from home or regular
place of business, the member may be allowed
travel expenses, including per diem in lieu of
subsistence as authorized by section 5703 of title
5 for individuals employed intermittently in the
Government service. A payment under this section does not make a member of the Council an
officer or employee of the United States Government for any purpose.
(e) The Council shall terminate on September
30, 2020.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 598; Pub. L.
99–626, § 3(a)(1), (b)(1), (2), Nov. 7, 1986, 100 Stat.

Page 199

§ 14101

TITLE 46—SHIPPING

3505; Pub. L. 100–448, § 20(a), Sept. 28, 1988, 102
Stat. 1846; Pub. L. 102–241, § 24, Dec. 19, 1991, 105
Stat. 2217; Pub. L. 104–324, title III, § 304(f), Oct.
19, 1996, 110 Stat. 3918; Pub. L. 107–295, title III,
§ 335, Nov. 25, 2002, 116 Stat. 2105; Pub. L. 108–293,
title IV, § 418(f), Aug. 9, 2004, 118 Stat. 1049; Pub.
L. 111–281, title VI, § 621(b), Oct. 15, 2010, 124 Stat.
2976.)
HISTORICAL AND REVISION NOTES
Revised section

rity, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.]
IMPLEMENTATION OF 1986 AMENDMENT
Pub. L. 99–626, § 3(b)(3), Nov. 7, 1986, 100 Stat. 3505, provided that: ‘‘The Secretary of Transportation shall
carry out the amendments made by paragraph (2)
[amending this section] as vacancies in the membership
of the National Boating Safety Advisory Council
occur.’’

Source section (U.S. Code)

13110 ............................................

PART J—MEASUREMENT OF VESSELS

46:1482

HISTORICAL AND REVISION NOTES
Section 13110 establishes the National Boating Safety
Advisory Council, the membership of the council, and
compensation for individuals serving on the council.
This council is to be established consistent with the
Federal Advisory Committee Act (P.L. 92–463; 5 U.S.C.
App.).
AMENDMENTS
2010—Subsec. (d). Pub. L. 111–281, § 621(b)(1), struck
out first sentence which read: ‘‘When attending meetings of the Council, a member of the Council or a panel
may be paid at a rate not more than the rate for
GS–18.’’
Subsec. (e). Pub. L. 111–281, § 621(b)(2), substituted
‘‘September 30, 2020’’ for ‘‘September 30, 2010’’.
2004—Subsec. (e). Pub. L. 108–293 substituted ‘‘September 30, 2010’’ for ‘‘September 30, 2005’’.
2002—Subsec. (e). Pub. L. 107–295 substituted ‘‘September 30, 2005’’ for ‘‘September 30, 2000’’.
1996—Subsec. (e). Pub. L. 104–324 substituted ‘‘2000’’
for ‘‘1996’’.
1991—Subsec. (e). Pub. L. 102–241 substituted ‘‘1996’’
for ‘‘1991’’.
1988—Subsec. (b)(1). Pub. L. 100–448 substituted ‘‘representatives of’’ for ‘‘members from’’ wherever appearing.
1986—Subsec. (a). Pub. L. 99–626, § 3(b)(1), struck out
‘‘not more than’’ before ‘‘21 members’’ and inserted
‘‘recreational’’ after ‘‘experience in’’.
Subsec. (b)(1). Pub. L. 99–626, § 3(b)(2), amended par.
(1) generally. Prior to amendment, par. (1) read as follows: ‘‘Insofar as practical and to ensure balanced representation, the Secretary shall appoint members
equally from—
‘‘(A) State officials responsible for State boating
safety programs;
‘‘(B) recreational vessel manufacturers; and
‘‘(C) boating organizations and members of the general public.’’
Subsec. (e). Pub. L. 99–626, § 3(a)(1), added subsec. (e).
REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY
RATES
References in laws to the rates of pay for GS–16, 17,
or 18, or to maximum rates of pay under the General
Schedule, to be considered references to rates payable
under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)]
of Pub. L. 101–509, set out in a note under section 5376
of Title 5.
IMPLEMENTATION OF 1988 AMENDMENT
Pub. L. 100–448, § 20(b), Sept. 28, 1988, 102 Stat. 1846,
provided that: ‘‘The Secretary of the department in
which the Coast Guard is operating shall carry out the
amendments made by subsection (a) [amending this
section] as vacancies in the membership of the National Boating Safety Advisory Council occur.’’
[For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu-

Part J contains provisions that apply to the measurement of a vessel to determine its tonnage. Tonnage is
a measurement of a vessel’s volume and is used for
international, customs, and regulatory purposes. This
part implements the 1969 International Convention on
Tonnage Measurement of Ships and provides a framework for phasing in the international system as the
method of measuring ships domestically, to establish
uniformity in ship measurement. The availability of an
alternate domestic regulatory system of measurement
is continued so that the application of domestic laws
will be preserved in order that vessels engaged in domestic commerce will not be adversely affected.

CHAPTER 141—GENERAL
Sec.

14101.
[14102.
14103.
14104.

Definitions.
Repealed.]
Delegation of authority.
Measurement to determine application of a
law.
AMENDMENTS

1990—Pub. L. 101–595, title VI, § 603(12)(B), Nov. 16,
1990, 104 Stat. 2993, struck out item 14102 ‘‘Regulations’’.

§ 14101. Definitions
In this part—
(1) ‘‘Convention’’ means the International
Convention on Tonnage Measurement of
Ships, 1969.
(2) ‘‘existing vessel’’ means a vessel the keel
of which was laid or that was at a similar
stage of construction before July 18, 1982.
(3) ‘‘Great Lakes’’ means—
(A) the Great Lakes; and
(B) the St. Lawrence River west of—
(i) a rhumb line drawn from Cap des
Rosiers to West Point, Anticosti Island;
and
(ii) on the north side of Anticosti Island,
the meridian of longitude 63 degrees west.
(4) ‘‘vessel that engages on a foreign voyage’’
means a vessel—
(A) that arrives at a place under the jurisdiction of the United States from a place in
a foreign country;
(B) that makes a voyage between places
outside the United States;
(C) that departs from a place under the jurisdiction of the United States for a place in
a foreign country; or
(D) that makes a voyage between a place
within a territory or possession of the
United States and another place under the
jurisdiction of the United States not within
that territory or possession.