Title 46 — Shipping
Part I · Chapter 131 — Recreational Boating Safety
§ 13102. State recreational boating safety programs
Statutory text
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.
The Secretary shall establish guidelines and standards for the program. In doing so, the Secretary—
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;
shall consult with the Secretary of the Interior to minimize duplication with the purposes and expenditures of chapter 2003 of title 54, United States Code,1 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
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.
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.
Footnotes
- 1 So in original. The words “United States Code,” probably should not appear.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 98–89 · 97 Stat. 500
Enacted · 46 U.S.C. § 13102
Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 592, § 13101
Source evidence
Code source credit
Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 592, § 13101Tax Reform Act of 1984
Pub. L. 98–369 § 1011(b) · 98 Stat. 494
Struck · 46 U.S.C. § 13102(a)
Pub. L. 98–369, § 1011(b), struck out “and facility improvement” after “in boating safety”
Struck · 46 U.S.C. § 13102(a)
Pub. L. 98–369, § 1011(b), struck out “and facilities improvement” in two places after “recreational boating safety”
Substituted · 46 U.S.C. § 13102(a)
Pub. L. 98–369, § 1011(b), substituted “shall” for “may” in second sentence
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(b) (1) Section 13101 of such title is amended— (A) by striking out “and facility improvement” in subsection (a); and (B) by striking out “and facilities improvement” each place it appears. (2) Subsection (a) of section 13101 of such title is amended by striking out “may” in the second sentence and inserting in lieu thereof “shall”.Effective date note
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.”Tax Reform Act of 1984
Pub. L. 98–369 § 1011(b)(1)(B) · 98 Stat. 494
Struck · 46 U.S.C. § 13102(c)
Pub. L. 98–369, § 1011(b)(1)(B), struck out “and facilities improvement” after “recreational boating safety”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 98–369, § 1011(b)(1)(B), struck out “and facilities improvement” after “recreational boating safety”.Enacted provision · exact public law section
(B) by striking out “and facilities improvement” each place it appears.Effective date note
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.”Coast Guard Omnibus Act of 1990
Pub. L. 101–595 title III § 312(a) · 104 Stat. 2979
Substituted · 46 U.S.C. § 13102(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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(a) in section 13101(b)(2) by striking “and with the guidelines developed under that Act; and” and inserting “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”;Pub. L. 109–304 § 16(b)(1) · 120 Stat. 1485
Changed · 46 U.S.C. § 13102
Pub. L. 109–304, § 16(b)(1), renumbered section 13101 of this title as this section
Source evidence
Code amendment note
Pub. L. 109–304, § 16(b)(1), renumbered section 13101 of this title as this section.Enacted provision · exact public law section
(1) Redesignate sections 13101 to 13106 as sections 13102 to 13107.Pub. L. 109–304 § 16(c)(3) · 120 Stat. 1485
Substituted · 46 U.S.C. § 13102(c)
Pub. L. 109–304, § 16(c)(3), substituted “section 13104” for “section 13103”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 109–304, § 16(c)(3), substituted “section 13104” for “section 13103”.Enacted provision · exact public law section
(3) Section 13102(c) of title 46, United States Code, as redesignated by subsection (b), is amended by striking “section 13103” and substituting “section 13104”.Pub. L. 113–287 § 5(n) · 128 Stat. 3094
Substituted · 46 U.S.C. § 13102(b)(2)
Pub. L. 113–287, § 5(n), substituted “chapter 2003 of title 54, United States Code,” for “the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4—460l–11)”
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 113–287, § 5(n), substituted “chapter 2003 of title 54, United States Code,” for “the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4—460l–11)”.Enacted provision · exact public law section
(n) Title 46, United States Code.— Section 13102(b)(2) of title 46, United States Code, is amended by striking “the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4—460–11)” and substituting “chapter 2003 of title 54, United States Code,”.
8 of 9 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | |
|---|---|
| Revised section | Source section (U.S. Code) |
| 13101 | 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.
Editorial Notes
References in Text
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, also known as the Dingell-Johnson 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, , 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.
Amendments1984–2014 · 4 rounds
2014
Subsec. (b)(2). Pub. L. 113–287, § 5(n), substituted “chapter 2003 of title 54, United States Code,” for “the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4—460l–11)”.
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”.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Pub. L. 98–369, div. A, title X, subtitle B, part I, subpart A (§§ 1010–1013), § 1013, , 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 , and shall apply with respect to fiscal years beginning after .”
Survey of Fuel Use by Recreational Vessels
Pub. L. 100–448, § 6(d), , 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 .
“(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)] 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, , 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 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 , as modified, set out as a note under section 542 of Title 6.]
Credits
1983–2014 · 5 acts
- 1983Pub. L. 98–89, , 97 Stat. 592, § 13101
- 1984Pub. L. 98–369, div. A, title X, § 1011(b), , 98 Stat. 1013
- 1990Pub. L. 101–595, title III, § 312(a), , 104 Stat. 2987
- 2006renumbered § 13102 and amended Pub. L. 109–304, § 16(b)(1), (c)(3), , 120 Stat. 1705, 1706
- 2014Pub. L. 113–287, § 5(n), , 128 Stat. 3272.
Show as published
(Pub. L. 98–89, , 97 Stat. 592, § 13101; Pub. L. 98–369, div. A, title X, § 1011(b), , 98 Stat. 1013; Pub. L. 101–595, title III, § 312(a), , 104 Stat. 2987; renumbered § 13102 and amended Pub. L. 109–304, § 16(b)(1), (c)(3), , 120 Stat. 1705, 1706; Pub. L. 113–287, § 5(n), , 128 Stat. 3272.)