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 ⅔ 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.

A prior section 13107, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 596, established the National Recreational Boating Safety and Facilities Improvement Fund, prior to repeal by Pub. L. 98–369, div. A, title X, § 1016(c)(1), July 18, 1984, 98 Stat. 1020. See section 9504 of Title 26, Internal Revenue Code.

2021—Subsec. (c)(2). Pub. L. 117–58 substituted “On or after October 1, 2024, no funds available” for “No funds available”.

2018—Subsec. (c)(2). Pub. L. 115–232 substituted “No” for “On and after October 1, 2016, no”.

2015—Subsec. (a). Pub. L. 114–94, § 10002(1), substituted “Subject to subsection (c),” for “(1) Subject to paragraph (2) and subsection (c),” and struck out “the sum of (A) the amount made available from the Boat Safety Account for that fiscal year under section 15 of the Dingell-Johnson Sport Fish Restoration Act and (B)” after “an amount equal to” and par. (2) which read as follows: “The Secretary shall use 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.”

Subsec. (c)(1). Pub. L. 114–94, § 10002(2)(A), added par. (1) and struck out former par. (1) which read as follows: “Of the amount transferred to the Secretary under subsection (a)(2) of section 4 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c(a)(2)), $5,500,000 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 not less than $2,000,000 shall be available to the Secretary only to ensure compliance with chapter 43 of this title.”

Subsec. (c)(2). Pub. L. 114–94, § 10002(2)(B), substituted “On and after October 1, 2016, no funds” for “No funds” and struck out “traditionally” before “provided”.

2006—Pub. L. 109–304, § 16(b)(1), renumbered section 13106 of this title as this section.

Subsec. (a)(1). Pub. L. 109–304, § 16(c)(5), substituted “section 13104” for “section 13103”.

2005—Subsec. (a)(1). Pub. L. 109–59, § 10143(2), as amended by Pub. L. 109–74, § 102(2), substituted “subsections (a)(2) and (f) of section 4 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c(a)(2) and (f))” for “section 4(b) of the Act of August 9, 1950 (16 U.S.C. 777c(b))”.

Pub. L. 109–59, § 10143(1), as amended by Pub. L. 109–74, § 102(1), substituted “the amount made available from the Boat Safety Account for that fiscal year under section 15 of the Dingell-Johnson Sport Fish Restoration Act” for “the amount appropriated from the Boat Safety Account for that fiscal year”.

Subsec. (a)(2). Pub. L. 109–59, § 10143(3), struck out “not less than one percent and” before “not more than two percent”.

Subsec. (c)(1). Pub. L. 109–74, § 203, substituted “$5,000,000” for “$4,150,685” and “$2,000,000” for “$1,660,274”.

Pub. L. 109–59, § 10143(4)(D), as amended by Pub. L. 109–74, § 102(3)(B), amended par. (1) as amended by Pub. L. 109–74, § 203, by inserting “not less than” before “$2,000,000”. See Effective Date of 2005 Amendments note below.

Pub. L. 109–59, § 10143(4)(C), as amended by Pub. L. 109–74, § 102(3)(B), amended par. (1) as amended by Pub. L. 109–74, § 203, by substituting “$5,500,000” for “$5,000,000”. See Effective Date of 2005 Amendments note below.

Pub. L. 109–59, § 10143(4)(B), as amended by Pub. L. 109–74, § 102(3)(A), substituted “(16 U.S.C. 777c(a)(2))” for “(16 U.S.C. 777c(b))”.

Pub. L. 109–59, § 10143(4)(A), substituted “Secretary under subsection (a)(2) of section 4” for “Secretary of Transportation under paragraph (5)(C) of section 4(b)”.

Pub. L. 109–40 substituted “$4,150,685” for “$4,100,000” and “$1,660,274” for “$1,643,836”.

Pub. L. 109–37 substituted “$4,100,000” for “$4,050,000” and “$1,643,836” for “$1,620,003”.

Pub. L. 109–35 substituted “$4,050,000” for “$4,000,000” and “$1,620,003” for “$1,600,000”.

Pub. L. 109–20 substituted “$4,000,000” for “$3,750,003” and “$1,600,000” for “$1,500,003”.

Pub. L. 109–14 substituted “$3,750,003” for “$3,333,336” and “$1,500,003” for “$1,333,336”.

Subsec. (c)(3). Pub. L. 109–59, § 10143(5), as amended by Pub. L. 109–74, § 102(4), substituted “during the 2 succeeding fiscal years. Any amount that is unexpended or unobligated at the end of the 3-year period during which it is available shall be withdrawn by the Secretary and allocated to the States in addition to any other amounts available for allocation in the fiscal year in which they are withdrawn or the following fiscal year.” for “until expended.”

2004—Subsec. (c). Pub. L. 108–310 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “Of the amount transferred to the Secretary of Transportation under paragraph (4) of section 4(b) of the Dingell-Johnson Sport Fish Restoration Act (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.”

Pub. L. 108–280 substituted “$5,000,000” for “$4,166,668” and “$2,000,000” for “$1,666,668”.

Pub. L. 108–263 substituted “$4,166,668” for “$3,750,001” and “$1,666,668” for “$1,500,001”.

Pub. L. 108–224 substituted “$3,750,001” for “$2,916,667” and “$1,500,001” for “$1,166,667”.

Pub. L. 108–202 substituted “$2,916,667” for “$2,083,333” and “$1,166,667” for “$833,333”.

2003—Subsec. (c). Pub. L. 108–88 amended first sentence generally. Prior to amendment, first sentence read as follows: “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.”

1998—Pub. L. 105–178, § 7405(c)(1), substituted “appropriations” for “contract spending” in section catchline.

Subsec. (a)(1). Pub. L. 105–178, § 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 ½ 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, § 7405(b)(2), substituted “available” for “appropriated”.

Subsec. (c). Pub. L. 105–178, § 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, § 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, § 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, § 6(b)(6), substituted “1986” for “1954” in first sentence.

Pub. L. 100–448, § 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, § 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, § 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.

Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

From Aug. 10, 2005, to end of fiscal year 2005, subsecs. (a) and (c)(1), (3) of this section considered to read as immediately before enactment of Pub. L. 109–59, except as provided by the amendments by section 203 of Pub. L. 109–74, 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.

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.

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.

Pub. L. 99–272, title VI, § 6001, Apr. 7, 1986, 100 Stat. 121, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, required that one-third of the amount transferred for fiscal year 1985 to the Boat Safety Account under former section 9503(c)(4) of Title 26, be deposited in the general fund of the Treasury as proprietary receipts of the department in which the Coast Guard was operating and ascribed to Coast Guard activities and that former section 13106(a) of this title be applied with respect to fiscal year 1985 by substituting “one-third” for “two-thirds” in the first sentence.