Title 46 — Shipping
Part I · Chapter 131 — Recreational Boating Safety
§ 13105. Availability of allocations
Statutory text
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 allocated to a State that are not obligated at the end of the 3-year period referred to in paragraph (1) shall be withdrawn and allocated by the Secretary in addition to any other amounts available for allocation in the fiscal year in which they are withdrawn or the following fiscal year.
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.
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. § 13105
Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 595, § 13104
Source evidence
Code source credit
Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 595, § 13104Pub. L. 99–307 § 1(18) · 100 Stat. 444
Inserted · 46 U.S.C. § 13105(b)
Pub. L. 99–307 inserted “for State recreational boating safety programs” after “Secretary”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 99–307 inserted “for State recreational boating safety programs” after “Secretary”.Enacted provision · exact public law section
(1) In section 2101(14)(C), strike “Material” and substitute “Materials”.Coast Guard Authorization Act of 1992
Pub. L. 102–587 title V § 5101 · 106 Stat. 5039
Amended · 46 U.S.C. § 13105
Pub. L. 102–587 amended section generally. Prior to amendment, section read as follows:
Source evidence
Code amendment note
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 Amounts unobligated by the State at the end of the 3 years shall be withdrawn by the Secretary and shall be available with other amounts to be allocated by the Secretary during that fiscal year.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.”
Enacted provision · exact public law section
SEC. 5101. TREATMENT OF UNOBLIGATED ALLOCATIONS FOR STATE RECREATIONAL BOATING SAFETY PROGRAMS. Section 13104 of title 46, United States Code, is amended to read as follows: “§13104. 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.”.Sportfishing and Boating Safety Act of 1998
Pub. L. 105–178 § 7405(a)(1) · 112 Stat. 107
Substituted · 46 U.S.C. § 13105(a)(1)
Pub. L. 105–178, § 7405(a)(1), substituted “2 years” for “3 years”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 105–178, § 7405(a)(1), substituted “2 years” for “3 years”.Enacted provision · exact public law section
(1) in paragraph (1), by striking “3 years” and inserting “2 years”; andSportfishing and Boating Safety Act of 1998
Pub. L. 105–178 § 7405(a)(2) · 112 Stat. 107
Substituted · 46 U.S.C. § 13105(a)(2)
Pub. L. 105–178, § 7405(a)(2), substituted “2-year” for “3-year”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 105–178, § 7405(a)(2), substituted “2-year” for “3-year”.Enacted provision · exact public law section
(2) in paragraph (2), by striking “3-year” and inserting “2-year”.Sportfishing and Recreational Boating Safety Act of 2005
Pub. L. 109–59 § 10142(1) · 119 Stat. 1144
Substituted · 46 U.S.C. § 13105(a)(1)
Pub. L. 109–59, § 10142(1), substituted “3 years” for “2 years”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 109–59, § 10142(1), substituted “3 years” for “2 years”.Enacted provision · exact public law section
(1) by striking “2 years” in paragraph (1) and inserting “3 years”; andEffective 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.Sportfishing and Recreational Boating Safety Act of 2005
Pub. L. 109–59 § 10142(2) · 119 Stat. 1144
Substituted · 46 U.S.C. § 13105(a)(2)
Pub. L. 109–59, § 10142(2), substituted “3-year” for “2-year”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 109–59, § 10142(2), substituted “3-year” for “2-year”.Enacted provision · exact public law section
(2) by striking “2-year” in paragraph (2) and inserting “3-year”.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. § 13105
Pub. L. 109–304 renumbered section 13104 of this title as this section
Source evidence
Code amendment note
Pub. L. 109–304 renumbered section 13104 of this title as this section.Enacted provision · exact public law section
(1) Redesignate sections 13101 to 13106 as sections 13102 to 13107.
7 of 8 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| 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.
Editorial Notes
Prior Provisions
A prior section 13105 was renumbered section 13106 of this title.
Amendments1986–2006 · 5 rounds
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 “3-year” 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”.
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.
Credits
1983–2006 · 6 acts
- 1983Pub. L. 98–89, , 97 Stat. 595, § 13104
- 1986Pub. L. 99–307, § 1(18), , 100 Stat. 446
- 1992Pub. L. 102–587, title V, § 5101, , 106 Stat. 5070
- 1998Pub. L. 105–178, title VII, § 7405(a), , 112 Stat. 487
- 2005Pub. L. 109–59, title X, § 10142, , 119 Stat. 1931
- 2006renumbered § 13105, Pub. L. 109–304, § 16(b)(1), , 120 Stat. 1705.
Show as published
(Pub. L. 98–89, , 97 Stat. 595, § 13104; Pub. L. 99–307, § 1(18), , 100 Stat. 446; Pub. L. 102–587, title V, § 5101, , 106 Stat. 5070; Pub. L. 105–178, title VII, § 7405(a), , 112 Stat. 487; Pub. L. 109–59, title X, § 10142, , 119 Stat. 1931; renumbered § 13105, Pub. L. 109–304, § 16(b)(1), , 120 Stat. 1705.)