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.

Amendments

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 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.

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.

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.