US (United States) Code. Title 46. Subtitle II. Part I. Chapter 131: Recreational boating safety

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-CITE-

46 USC CHAPTER 131 - RECREATIONAL BOATING SAFETY 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part I - State Boating Safety Programs

CHAPTER 131 - RECREATIONAL BOATING SAFETY

-HEAD-

CHAPTER 131 - RECREATIONAL BOATING SAFETY

-MISC1-

Sec.

13101. State recreational boating safety programs.

13102. Program acceptance.

13103. Allocations.

13104. Availability of allocations.

13105. Computation decisions about State amounts expended.

13106. Authorization of appropriations.

[13107. Repealed.]

13108. Computing amounts allocated to States and State

records requirements.

13109. Consultation, cooperation, and regulation.

13110. 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

1998 - Pub. L. 105-178, title VII, Sec. 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, Sec. 1016(c)(2), July 18,

1984, 98 Stat. 1020, struck out item 13107 "National Recreational

Boating Safety and Facilities Improvement Fund".

-End-

-CITE-

46 USC Sec. 13101 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part I - State Boating Safety Programs

CHAPTER 131 - RECREATIONAL BOATING SAFETY

-HEAD-

Sec. 13101. State recreational boating safety programs

-STATUTE-

(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 purposes 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 13103 of this title.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 592; Pub. L. 98-369, div.

A, title X, Sec. 1011(b), July 18, 1984, 98 Stat. 1013; Pub. L.

101-595, title III, Sec. 312(a), Nov. 16, 1990, 104 Stat. 2987.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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13101 46:1474

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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.

-REFTEXT-

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 (Sec. 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 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 (Sec. 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 (Sec. 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.

-MISC2-

AMENDMENTS

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, Sec. 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, Sec. 1011(b)(1)(B), struck out "and

facilities improvement" after "recreational boating safety".

EFFECTIVE DATE OF 1984 AMENDMENT

Section 1013 of subpart A (Secs. 1010-1013) of part I of subtitle

B of title X of division A of Pub. L. 98-369 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."

SHORT TITLE OF 1986 AMENDMENT

Pub. L. 99-626, Sec. 1, Nov. 7, 1986, 100 Stat. 3504, provided

that: "This act [amending sections 13102, 13106, and 13110 of this

title and section 1464 of Title 16, Conservation, and enacting

provisions set out as notes under section 13110 of this title and

section 1456a of Title 16] may be cited as the 'Recreational

Boating Safety Act of 1986'."

SURVEY OF FUEL USE BY RECREATIONAL VESSELS

Pub. L. 100-448, Sec. 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) of title

46, United States Code (as amended by this Act)."

CONGRESSIONAL DECLARATION OF POLICY FOR 1984 AMENDMENT

Section 1010 of part I (Secs. 1010-1017) of subtitle B of title X

of division A of Pub. L. 98-369 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 November 25, 2002, as modified, set out as a note under

section 542 of Title 6.]

-End-

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46 USC Sec. 13102 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part I - State Boating Safety Programs

CHAPTER 131 - RECREATIONAL BOATING SAFETY

-HEAD-

Sec. 13102. Program acceptance

-STATUTE-

(a) The Secretary shall make a contract with, and allocate and

distribute amounts from the Boat Safety Account established by

section 9504 of the Internal Revenue Code of 1986 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.

(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 13106 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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 593; Pub. L. 98-369, div.

A, title X, Sec. 1011(c), July 18, 1984, 98 Stat. 1013; Pub. L.

98-557, Sec. 7(b)(3), Oct. 30, 1984, 98 Stat. 2862; Pub. L. 99-307,

Sec. 1(17), May 19, 1986, 100 Stat. 446; Pub. L. 99-626, Sec. 4(a),

(b), Nov. 7, 1986, 100 Stat. 3505; Pub. L. 100-448, Sec.

6(b)(3)-(5), Sept. 28, 1988, 102 Stat. 1840; Pub. L. 101-595, title

III, Sec. 312(b), Nov. 16, 1990, 104 Stat. 2987.)

-MISC1-

HISTORICAL AND REVISION NOTES

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13102 46:1475

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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.

-REFTEXT-

REFERENCES IN TEXT

Section 9504 of the Internal Revenue Code of 1986, referred to in

subsec. (a), is classified to section 9504 of Title 26, Internal

Revenue Code.

-MISC2-

AMENDMENTS

1990 - Subsec. (a)(3). Pub. L. 101-595, Sec. 312(b)(1), inserted

"State" after "general".

Subsec. (c)(4). Pub. L. 101-595, Sec. 312(b)(2), inserted "or

drugs" after "alcohol".

Subsec. (d). Pub. L. 101-595, Sec. 312(b)(3), substituted "a

proportionate share" for "the proportional share".

1988 - Subsec. (a). Pub. L. 100-448, Sec. 6(b)(4), substituted

"1986" for "1954." in introductory provisions.

Subsec. (a)(4). Pub. L. 100-448, Sec. 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, Sec. 6(b)(3), substituted "(except

amounts from" for "from sources (except".

1986 - Subsec. (a). Pub. L. 99-626, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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.

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.

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.

-TRANS-

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.

-End-

-CITE-

46 USC Sec. 13103 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part I - State Boating Safety Programs

CHAPTER 131 - RECREATIONAL BOATING SAFETY

-HEAD-

Sec. 13103. Allocations

-STATUTE-

(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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 594; Pub. L. 98-369, div.

A, title X, Sec. 1011(d), July 18, 1984, 98 Stat. 1013; Pub. L.

101-595, title III, Sec. 312(c), Nov. 16, 1990, 104 Stat. 2987.)

-MISC1-

HISTORICAL AND REVISION NOTES

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13103 46:1476

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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:

(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.

AMENDMENTS

1990 - Subsec. (a)(3). Pub. L. 101-595 struck out "or obligated"

after "expended" in two places.

1984 - Subsec. (b). Pub. L. 98-369, Sec. 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, Sec. 1011(d)(1), redesignated

subsec. (e) as (c). Former subsec. (c) redesignated (b).

Subsec. (d). Pub. L. 98-369, Sec. 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, Sec. 1011(d)(1), redesignated

subsec. (e) as (c).

Subsec. (f). Pub. L. 98-369, Sec. 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, Sec. 7(d), Nov. 10, 1986, 100 Stat. 3548, which

provided that before making any allocation under this section [46

U.S.C. 13103] for a fiscal year, the Secretary shall retain not

less than one percent nor more than two percent of the amount

appropriated for that year for State recreational boating safety

programs for the payment of costs of administration of this chapter

[46 U.S.C. 13101 et seq.], was repealed by Pub. L. 100-448, Sec.

6(b)(1)(B), Sept. 28, 1988, 102 Stat. 1840.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13101, 13106, 13108 of

this title.

-End-

-CITE-

46 USC Sec. 13104 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part I - State Boating Safety Programs

CHAPTER 131 - RECREATIONAL BOATING SAFETY

-HEAD-

Sec. 13104. Availability of allocations

-STATUTE-

(a)(1) Amounts allocated to a State shall be available for

obligation by that State for a period of 2 years after the date of

allocation.

(2) Amounts allocated to a State that are not obligated at the

end of the 2-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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 595; Pub. L. 99-307, Sec.

1(18), May 19, 1986, 100 Stat. 446; Pub. L. 102-587, title V, Sec.

5101, Nov. 4, 1992, 106 Stat. 5070; Pub. L. 105-178, title VII,

Sec. 7405(a), June 9, 1998, 112 Stat. 487.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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13104 46:1477

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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.

AMENDMENTS

1998 - Subsec. (a)(1). Pub. L. 105-178, Sec. 7405(a)(1),

substituted "2 years" for "3 years".

Subsec. (a)(2). Pub. L. 105-178, Sec. 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".

-End-

-CITE-

46 USC Sec. 13105 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part I - State Boating Safety Programs

CHAPTER 131 - RECREATIONAL BOATING SAFETY

-HEAD-

Sec. 13105. Computation decisions about State amounts expended

-STATUTE-

(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.

(b) The Secretary shall decide an issue arising out of the

computation made under subsection (a) of this section.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 596; Pub. L. 98-369, div.

A, title X, Sec. 1011(e), July 18, 1984, 98 Stat. 1013; Pub. L.

101-595, title III, Sec. 312(c), Nov. 16, 1990, 104 Stat. 2987.)

-MISC1-

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.

AMENDMENTS

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13108 of this title.

-End-

-CITE-

46 USC Sec. 13106 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part I - State Boating Safety Programs

CHAPTER 131 - RECREATIONAL BOATING SAFETY

-HEAD-

Sec. 13106. Authorization of appropriations

-STATUTE-

(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 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)). The amount shall be allocated

as provided under section 13103 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 less than one percent and not

more than two percent of the amount available each fiscal year 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) 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.

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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 596; Pub. L. 98-369, div.

A, title X, Sec. 1012, July 18, 1984, 98 Stat. 1013; Pub. L.

99-626, Sec. 4(c), Nov. 7, 1986, 100 Stat. 3505; Pub. L. 99-640,

Sec. 7(b), (c), Nov. 10, 1986, 100 Stat. 3548; Pub. L. 100-448,

Sec. 6(b)(1)(A), (2), (6), Sept. 28, 1988, 102 Stat. 1839, 1840;

Pub. L. 105-178, title VII, Sec. 7405(b), (c)(1), June 9, 1998, 112

Stat. 487, 488.)

-MISC1-

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.

AMENDMENTS

1998 - Pub. L. 105-178, Sec. 7405(c)(1), substituted

"appropriations" for "contract spending" in section catchline.

Subsec. (a)(1). Pub. L. 105-178, Sec. 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 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, Sec. 7405(b)(2), substituted

"available" for "appropriated".

Subsec. (c). Pub. L. 105-178, Sec. 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, Sec. 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, Sec. 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, Sec. 6(b)(6), substituted "1986" for "1954" in

first sentence.

Pub. L. 100-448, Sec. 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, Sec. 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, Sec. 7(b), substituted "one-half 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 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.

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.

-TRANS-

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.

-MISC2-

BOATING SAFETY FUND

Pub. L. 99-272, title VI, Sec. 6001, Apr. 7, 1986, 100 Stat. 121,

as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.

2095, provided that: "An amount equal to one-third of the amount

transferred for fiscal year 1985 to the Boat Safety Account under

section 9503(c)(4) of the Internal Revenue Code of 1986 (26 U.S.C.

9503(c)(4)) shall be deposited in the general fund of the Treasury

as proprietary receipts of the department in which the Coast Guard

is operating and ascribed to Coast Guard activities. Section

13106(a) of title 46, United States Code, shall be applied with

respect to fiscal year 1985 by substituting 'one-third' for

'two-thirds' in the first sentence."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13102, 31322 of this

title; title 16 section 777c.

-End-

-CITE-

46 USC Sec. 13107 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part I - State Boating Safety Programs

CHAPTER 131 - RECREATIONAL BOATING SAFETY

-HEAD-

[Sec. 13107. Repealed. Pub. L. 98-369, div. A, title X, Sec.

1016(c)(1), July 18, 1984, 98 Stat. 1020]

-MISC1-

Section, Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 596, established

the National Recreational Boating Safety and Facilities Improvement

Fund. See section 9504 of Title 26, Internal Revenue Code.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1984, see section 1016(e) of Pub. L.

98-369, set out as an Effective Date note under section 9504 of

Title 26, Internal Revenue Code.

-End-

-CITE-

46 USC Sec. 13108 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part I - State Boating Safety Programs

CHAPTER 131 - RECREATIONAL BOATING SAFETY

-HEAD-

Sec. 13108. Computing amounts allocated to States and State records

requirements

-STATUTE-

(a) Amounts allocated and distributed under section 13103 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 13105 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.

(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.

(d) The Secretary shall provide for the accounting, budgeting,

and other fiscal procedures that are necessary and reasonable to

carry out 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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 596; Pub. L. 98-369, div.

A, title X, Sec. 1011(f), July 18, 1984, 98 Stat. 1013; Pub. L.

101-595, title III, Sec. 312(d), Nov. 16, 1990, 104 Stat. 2987;

Pub. L. 104-324, title VII, Sec. 746(a)(3), (4), Oct. 19, 1996, 110

Stat. 3943.)

-MISC1-

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

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.

-End-

-CITE-

46 USC Sec. 13109 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part I - State Boating Safety Programs

CHAPTER 131 - RECREATIONAL BOATING SAFETY

-HEAD-

Sec. 13109. Consultation, cooperation, and regulation

-STATUTE-

(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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 597; Pub. L. 98-369, div.

A, title X, Sec. 1011(g), July 18, 1984, 98 Stat. 1013.)

-MISC1-

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.

-End-

-CITE-

46 USC Sec. 13110 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part I - State Boating Safety Programs

CHAPTER 131 - RECREATIONAL BOATING SAFETY

-HEAD-

Sec. 13110. National Boating Safety Advisory Council

-STATUTE-

(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 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. 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, 2005.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 598; Pub. L. 99-626, Sec.

3(a)(1), (b)(1), (2), Nov. 7, 1986, 100 Stat. 3505; Pub. L.

100-448, Sec. 20(a), Sept. 28, 1988, 102 Stat. 1846; Pub. L.

102-241, Sec. 24, Dec. 19, 1991, 105 Stat. 2217; Pub. L. 104-324,

title III, Sec. 304(f), Oct. 19, 1996, 110 Stat. 3918; Pub. L.

107-295, title III, Sec. 335, Nov. 25, 2002, 116 Stat. 2105.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

13110 46:1482

--------------------------------------------------------------------

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

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, Sec. 3(b)(1), struck out "not

more than" before "21 members" and inserted "recreational" after

"experience in".

Subsec. (b)(1). Pub. L. 99-626, Sec. 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, Sec. 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, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

IMPLEMENTATION OF 1988 AMENDMENT

Section 20(b) of Pub. L. 100-448 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

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.]

IMPLEMENTATION OF 1986 AMENDMENT

Section 3(b)(3) of Pub. L. 99-626 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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4302 of this title.

-End-

-CITE-

46 USC Part J - Measurement of Vessels 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part J - Measurement of Vessels

-HEAD-

PART J - MEASUREMENT OF VESSELS

-MISC1-

HISTORICAL AND REVISION NOTES

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.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 12102 of this title; title 33

section 2701.

-End-