Skip to content

Title 46 — Shipping

Part I · Chapter 131 — Recreational Boating Safety

§ 13105. Availability of allocations

Statutory text

(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allocated to a State that are not obligated at the end of the 3-year period referred to in paragraph (1) shall be withdrawn and allocated by the Secretary in addition to any other amounts available for allocation in the fiscal year in which they are withdrawn or the following fiscal year.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.

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.

  1. 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, § 13104

  2. Pub. 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”.

  3. 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 Amounts unobligated by the State at the end of the 3 years shall be withdrawn by the Secretary and shall be available with other amounts to be allocated by the Secretary during that fiscal year.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.”.

  4. 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”; and

  5. Sportfishing 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”.

  6. 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”; and

    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.

  7. 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.

  8. 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 sectionSource section (U.S. Code)
1310446:1477

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

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
  1. 1983Pub. L. 98–89, , 97 Stat. 595, § 13104
  2. 1986Pub. L. 99–307, § 1(18), , 100 Stat. 446
  3. 1992Pub. L. 102–587, title V, § 5101, , 106 Stat. 5070
  4. 1998Pub. L. 105–178, title VII, § 7405(a), , 112 Stat. 487
  5. 2005Pub. L. 109–59, title X, § 10142, , 119 Stat. 1931
  6. 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.)

Parsed from the official OLRC USLM XML in data/usc_all/usc46.xml · release point 119-108 · OLRC build 2026-03-26

USLM identifier /us/usc/t46/s13105