Public Law 119-73 (01/23/2026)

46 U.S.C. § 13103

Program acceptance

(a)
26 U.S.C. 9504 The Secretary shall make a contract with, and allocate and distribute amounts from the Sport Fish Restoration and Boating Trust Fund 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)
section 13107 of this title The Secretary shall approve a State recreational boating safety program, and the program is eligible to receive amounts authorized to be expended under , 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)
section 6102 of this title a system, approved by the Secretary, for reporting marine casualties required under .
(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.

Pub. L. 98–8997 Stat. 593Pub. L. 98–369, div. A, title X, § 1011(c)98 Stat. 1013Pub. L. 98–557, § 7(b)(3)98 Stat. 2862Pub. L. 99–307, § 1(17)100 Stat. 446Pub. L. 99–626, § 4(a)100 Stat. 3505Pub. L. 100–448, § 6(b)(3)102 Stat. 1840Pub. L. 101–595, title III, § 312(b)104 Stat. 2987Pub. L. 109–59, title X, § 10141119 Stat. 1931Pub. L. 109–304120 Stat. 1704–1706(, , , § 13102; , , ; , , ; , , ; , (b), , ; –(5), , ; , , ; , , ; renumbered § 13103 and amended , §§ 15(25), 16(b)(1), (c)(4), , .)

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

section 13104 of this titleA prior section 13103 was renumbered .

Amendments

Pub. L. 109–304, § 16(b)(1)section 13102 of this title2006—, renumbered as this section.

Pub. L. 109–304, § 15(25)26 U.S.C. 9504Subsec. (a). , inserted “()” after “Internal Revenue Code of 1986”.

Pub. L. 109–304, § 16(c)(4)Subsec. (c). , substituted “section 13107” for “section 13106”.

Pub. L. 109–592005—Subsec. (a). substituted “the Sport Fish Restoration and Boating Trust Fund” for “the Boat Safety Account” in introductory provisions.

Pub. L. 101–595, § 312(b)(1)1990—Subsec. (a)(3). , inserted “State” after “general”.

Pub. L. 101–595, § 312(b)(2)Subsec. (c)(4). , inserted “or drugs” after “alcohol”.

Pub. L. 101–595, § 312(b)(3)Subsec. (d). , substituted “a proportionate share” for “the proportional share”.

Pub. L. 100–448, § 6(b)(4)1988—Subsec. (a). , substituted “1986” for “1954.” in introductory provisions.

Pub. L. 100–448, § 6(b)(5)Subsec. (a)(4). , 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.”

Pub. L. 100–448, § 6(b)(3)Subsec. (b). , substituted “(except amounts from” for “from sources (except”.

Pub. L. 99–626, § 4(a)section 13107 of this title1986—Subsec. (a). , substituted “Boat Safety Account established by section 9504 of the Internal Revenue Code of 1954.” for “Fund established under ” in introductory provisions.

Pub. L. 99–626, § 4(b)Subsec. (a)(4). , inserted “out” after “carrying”.

Pub. L. 99–307 substituted “carrying out the State” for “carrying the State”.

Pub. L. 98–369, § 1011(c)(1)1984—Subsec. (a). , (2), in provisions preceding par. (1) substituted “shall” for “may” and struck out “and facilities improvement” after “boating safety”.

Pub. L. 98–369, § 1011(c)(1)Subsec. (a)(2). , (3), struck out “, (d), or (f)” after “requirements of subsection (c)” and struck out “and facilities improvement” after “boating safety”.

Pub. L. 98–369, § 1011(c)(1)Subsec. (a)(3), (4). , struck out “and facilities improvement” after “boating safety”.

Pub. L. 98–557Subsec. (c)(4). inserted provisions relating to dissemination of information concerning the hazards of operating a vessel when under the influence of alcohol.

Pub. L. 98–369, § 1011(c)(4)Subsecs. (d), (e). , 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.

Pub. L. 98–369, § 1011(c)(4)Subsec. (f). , 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

Pub. L. 109–59section 101(b) of Pub. L. 109–74section 777b of Title 16From , to end of fiscal year 2005, subsec. (a) of this section considered to read as immediately before enactment of , see , set out as a note under , Conservation.

Pub. L. 109–59section 10102 of Pub. L. 109–59section 777b of Title 16Amendment by effective , see , set out as a note under , Conservation.

Effective Date of 1988 Amendment

Pub. L. 100–448section 6(e) of Pub. L. 100–448section 777 of Title 16Amendment by effective , see , set out as a note under , Conservation.

Effective Date of 1984 Amendment

Pub. L. 98–369section 1013 of Pub. L. 98–369section 13101 of this titleAmendment by effective , to apply with respect to fiscal years beginning after , see , set out as a note under .

Transfer of Functions

section 542 of Title 6For 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 , as modified, set out as a note under .