Title 46 — Shipping
Part I · Chapter 131 — Recreational Boating Safety
§ 13103. Program acceptance
Statutory text
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—
the program submitted by that State is consistent with this chapter and chapters 61 and 123 of this title;
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;
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
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.
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.
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—
a vessel numbering system approved or carried out by the Secretary under chapter 123 of this title;
a cooperative boating safety assistance program with the Coast Guard in that State;
sufficient patrol and other activity to ensure adequate enforcement of applicable State boating safety laws and regulations;
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
a system, approved by the Secretary, for reporting marine casualties required under section 6102 of this title.
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.
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. § 13103
Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 593, § 13102
Source evidence
Code source credit
Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 593, § 13102Tax Reform Act of 1984
Pub. L. 98–369 § 1011(c)(1) · 98 Stat. 494
Substituted · 46 U.S.C. § 13103(a)
Pub. L. 98–369, § 1011(c)(1), (2), in provisions preceding par. (1) substituted “shall” for “may”
Struck · 46 U.S.C. § 13103(a)
Pub. L. 98–369, § 1011(c)(1), (2), in provisions preceding par. (1) struck out “and facilities improvement” after “boating safety”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(1) Section 13102 of such title is amended by striking out “and facilities improvement” each place it appears. 97 Stat. 593.Tax Reform Act of 1984
Pub. L. 98–369 § 1011(c)(1) · 98 Stat. 494
Struck · 46 U.S.C. § 13103(a)(2)
Pub. L. 98–369, § 1011(c)(1), (3), struck out “, (d), or (f)” after “requirements of subsection (c)”
Struck · 46 U.S.C. § 13103(a)(2)
Pub. L. 98–369, § 1011(c)(1), (3), struck out “and facilities improvement” after “boating safety”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(1) Section 13102 of such title is amended by striking out “and facilities improvement” each place it appears. 97 Stat. 593.Tax Reform Act of 1984
Pub. L. 98–369 § 1011(c)(1) · 98 Stat. 494
Struck · 46 U.S.C. § 13103(a)(3); 46 U.S.C. § 13103(a)(4)
Pub. L. 98–369, § 1011(c)(1), struck out “and facilities improvement” after “boating safety”
Source evidence
Code amendment note
Subsec. (a)(3), (4). Pub. L. 98–369, § 1011(c)(1), struck out “and facilities improvement” after “boating safety”.Enacted provision · exact public law section
(1) Section 13102 of such title is amended by striking out “and facilities improvement” each place it appears. 97 Stat. 593.Tax Reform Act of 1984
Pub. L. 98–369 § 1011(c)(4) · 98 Stat. 494
Redesignated · 46 U.S.C. § 13103(d); 46 U.S.C. § 13103(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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(4) Subsections (d) and (f) of section 13102 of such title are repealed, and subsection (e) of such section (and any reference thereto) is redesignated as subsection (d).Tax Reform Act of 1984
Pub. L. 98–369 § 1011(c)(4) · 98 Stat. 494
Struck · 46 U.S.C. § 13103(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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(4) Subsections (d) and (f) of section 13102 of such title are repealed, and subsection (e) of such section (and any reference thereto) is redesignated as subsection (d).Coast Guard Authorization Act of 1984
Pub. L. 98–557 § 7(b)(3) · 98 Stat. 2860
Inserted · 46 U.S.C. § 13103(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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(3) Section 13102(c)(4) of title 46, United States Code, is amended by inserting immediately after “program” the following: “, that includes the dissemination of information concerning the hazards of operating a vessel when under the influence of alcohol”.Pub. L. 99–307 § 1(17) · 100 Stat. 444
Substituted · 46 U.S.C. § 13103(a)(4)
Pub. L. 99–307 substituted “carrying out the State” for “carrying the State”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 99–307 substituted “carrying out the State” for “carrying the State”.Enacted provision · exact public law section
(1) In section 2101(14)(C), strike “Material” and substitute “Materials”.Recreational Boating Safety Act of 1986
Pub. L. 99–626 § 4(a) · 100 Stat. 3504
Substituted · 46 U.S.C. § 13103(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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(a) Section 13102(a) of title 46, United States Code, is amended by striking “Fund established under section 13107 of this title” and inserting “Boat Safety Account established by section 9504 of the Internal Revenue Code of 1954.”. 26 USC 9504.Recreational Boating Safety Act of 1986
Pub. L. 99–626 § 4(b) · 100 Stat. 3504
Inserted · 46 U.S.C. § 13103(a)(4)
Pub. L. 99–626, § 4(b), inserted “out” after “carrying”
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 99–626, § 4(b), inserted “out” after “carrying”.Enacted provision · exact public law section
(b) Section 13102(a)(4) of title 46, United States Code, is amended Ante, p. 446. by inserting “out” after “carrying”.Coast Guard Authorization Act of 1988
Pub. L. 100–448 § 6(b)(4) · 102 Stat. 1836
Substituted · 46 U.S.C. § 13103(a)
Pub. L. 100–448, § 6(b)(4), substituted “1986” for “1954.” in introductory provisions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 100–448, § 6(b)(4), substituted “1986” for “1954.” in introductory provisions.Enacted provision · exact public law section
(4) Technical amendment.— Section 13102(a) of title 46, United States Code, is amended in the first sentence by striking “1954.” and inserting in lieu thereof “1986”.Coast Guard Authorization Act of 1988
Pub. L. 100–448 § 6(b)(5) · 102 Stat. 1836
Amended · 46 U.S.C. § 13103(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.”
Source evidence
Code amendment note
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.”Enacted provision · exact public law section
(5) Technical amendment.— Paragraph (4) of section 13102(a) of title 46, United States Code, is amended to read as follows: “(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.”.Coast Guard Authorization Act of 1988
Pub. L. 100–448 § 6(b)(3) · 102 Stat. 1836
Substituted · 46 U.S.C. § 13103(b)
Pub. L. 100–448, § 6(b)(3), substituted “(except amounts from” for “from sources (except”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 100–448, § 6(b)(3), substituted “(except amounts from” for “from sources (except”.Enacted provision · exact public law section
(3) Clarification of matching restrictions.— Section 13102(b) is amended in the first sentence by striking “from sources (except” and inserting in lieu thereof “(except amounts from”.Coast Guard Omnibus Act of 1990
Pub. L. 101–595 § 312(b)(1) · 104 Stat. 2979
Inserted · 46 U.S.C. § 13103(a)(3)
Pub. L. 101–595, § 312(b)(1), inserted “State” after “general”
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 101–595, § 312(b)(1), inserted “State” after “general”.Enacted provision · exact public law section
(1) in subsection (a)(3) by inserting “State” after the word “general”;Coast Guard Omnibus Act of 1990
Pub. L. 101–595 § 312(b)(2) · 104 Stat. 2979
Inserted · 46 U.S.C. § 13103(c)(4)
Pub. L. 101–595, § 312(b)(2), inserted “or drugs” after “alcohol”
Source evidence
Code amendment note
Subsec. (c)(4). Pub. L. 101–595, § 312(b)(2), inserted “or drugs” after “alcohol”.Enacted provision · exact public law section
(2) in subsection (c)(4) by inserting “or drugs” after the word “alcohol”; andCoast Guard Omnibus Act of 1990
Pub. L. 101–595 § 312(b)(3) · 104 Stat. 2979
Substituted · 46 U.S.C. § 13103(d)
Pub. L. 101–595, § 312(b)(3), substituted “a proportionate share” for “the proportional share”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 101–595, § 312(b)(3), substituted “a proportionate share” for “the proportional share”.Enacted provision · exact public law section
(3) in subsection (d) by striking “the proportional share” and inserting “a proportionate share”;Sportfishing and Recreational Boating Safety Act of 2005
Pub. L. 109–59 title X § 10141 · 119 Stat. 1144
Substituted · 46 U.S.C. § 13103(a)
Pub. L. 109–59 substituted “the Sport Fish Restoration and Boating Trust Fund” for “the Boat Safety Account” in introductory provisions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 109–59 substituted “the Sport Fish Restoration and Boating Trust Fund” for “the Boat Safety Account” in introductory provisions.Enacted provision · exact public law section
SEC. 10141. TECHNICAL CORRECTION. Section 13102(a) of title 46, United States Code, is amended by striking “the Boat Safety Account” and inserting “the Sport Fish Restoration and Boating Trust Fund”.Effective date note
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.Pub. L. 109–304 § 16(b)(1) · 120 Stat. 1485
Changed · 46 U.S.C. § 13103
Pub. L. 109–304, § 16(b)(1), renumbered section 13102 of this title as this section
Source evidence
Code amendment note
Pub. L. 109–304, § 16(b)(1), renumbered section 13102 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 § 15(25) · 120 Stat. 1485
Inserted · 46 U.S.C. § 13103(a)
Pub. L. 109–304, § 15(25), inserted “(26 U.S.C. 9504)” after “Internal Revenue Code of 1986”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 109–304, § 15(25), inserted “(26 U.S.C. 9504)” after “Internal Revenue Code of 1986”.Enacted provision · exact public law section
(25) In section 13102(a), insert “(26 U.S.C. 9504)” after “Internal Revenue Code of 1986”.Pub. L. 109–304 § 16(c)(4) · 120 Stat. 1485
Substituted · 46 U.S.C. § 13103(c)
Pub. L. 109–304, § 16(c)(4), substituted “section 13107” for “section 13106”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 109–304, § 16(c)(4), substituted “section 13107” for “section 13106”.Enacted provision · exact public law section
(4) Section 13103(c) of title 46, United States Code, as redesignated by subsection (b), is amended by striking “section 13106” and substituting “section 13107”.
21 of 22 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | |
|---|---|
| Revised section | Source section (U.S. Code) |
| 13102 | 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.
Editorial Notes
Prior Provisions
A prior section 13103 was renumbered section 13104 of this title.
Amendments1984–2006 · 6 rounds
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.
Statutory Notes and Related Subsidiaries
Effective Date of 2005 Amendments
From , 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 , 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 , see section 6(e) of Pub. L. 100–448, set out as a note under section 777 of Title 16, Conservation.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–369 effective , to apply with respect to fiscal years beginning after , see section 1013 of Pub. L. 98–369, set out as a note under section 13101 of this title.
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 , as modified, set out as a note under section 542 of Title 6.
Credits
1983–2006 · 9 acts
- 1983Pub. L. 98–89, , 97 Stat. 593, § 13102
- 1984Pub. L. 98–369, div. A, title X, § 1011(c), , 98 Stat. 1013
- 1984Pub. L. 98–557, § 7(b)(3), , 98 Stat. 2862
- 1986Pub. L. 99–307, § 1(17), , 100 Stat. 446
- 1986Pub. L. 99–626, § 4(a), (b), , 100 Stat. 3505
- 1988Pub. L. 100–448, § 6(b)(3)–(5), , 102 Stat. 1840
- 1990Pub. L. 101–595, title III, § 312(b), , 104 Stat. 2987
- 2005Pub. L. 109–59, title X, § 10141, , 119 Stat. 1931
- 2006renumbered § 13103 and amended Pub. L. 109–304, §§ 15(25), 16(b)(1), (c)(4), , 120 Stat. 1704–1706.
Show as published
(Pub. L. 98–89, , 97 Stat. 593, § 13102; Pub. L. 98–369, div. A, title X, § 1011(c), , 98 Stat. 1013; Pub. L. 98–557, § 7(b)(3), , 98 Stat. 2862; Pub. L. 99–307, § 1(17), , 100 Stat. 446; Pub. L. 99–626, § 4(a), (b), , 100 Stat. 3505; Pub. L. 100–448, § 6(b)(3)–(5), , 102 Stat. 1840; Pub. L. 101–595, title III, § 312(b), , 104 Stat. 2987; Pub. L. 109–59, title X, § 10141, , 119 Stat. 1931; renumbered § 13103 and amended Pub. L. 109–304, §§ 15(25), 16(b)(1), (c)(4), , 120 Stat. 1704–1706.)