Title 46ShippingRelease 119-73

§13107 Authorization of appropriations

Title 46 › Subtitle Subtitle II— - Vessels and Seamen › Part Part I— - State Boating Safety Programs › Chapter CHAPTER 131— - RECREATIONAL BOATING SAFETY › § 13107

Last updated Apr 6, 2026|Official source

Summary

Each year the Secretary must spend for State recreational boating safety programs an amount equal to the money transferred to the Secretary under 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)). That money is divided to States as directed under section 13104 and used under rules the Secretary writes. The rules allow eight types of uses, including equipment and facilities for safety and enforcement, staff training, public education, building or fixing boat access sites, safety inspections and accident investigations, search-and-rescue work, waterway markers, and vessel numbering and titling. Funds remain available until spent. An amount is only counted as spent when the total authorized for the current and earlier years has been obligated. Money that was obligated but released by final payment or program change goes back into the available balance. The Secretary may also use funds from section 4(b)(2) of the Dingell-Johnson Act for Coast Guard costs tied directly to running State programs or the national boating safety program. From those funds at least $2,100,000 must be used to ensure compliance with chapter 43, and no more than $1,500,000 may be used for a survey of boating participation. Starting October 1, 2024, those funds cannot replace general appropriations or be used for other purposes. Such amounts stay available for two more fiscal years; any money left unspent at the end of that three-year period must be withdrawn and added to State allocations either that year or the next. The Secretary must publish a yearly accounting in the Federal Register of what was funded.

Full Legal Text

Title 46, §13107

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(a)Subject to 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 amount transferred to the Secretary under 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)). The amount shall be allocated as provided under section 13104 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.
(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)(1)(A)The Secretary may use amounts made available each fiscal year under section 4(b)(2) of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c(b)(2)) for payment of expenses of the Coast Guard for investigations, personnel, and activities directly related to—
(i)administering State recreational boating safety programs under this chapter; or
(ii)coordinating or carrying out the national recreational boating safety program under this title.
(B)Of the amounts used by the Secretary each fiscal year under subparagraph (A)—
(i)not less than $2,100,000 is available to ensure compliance with chapter 43 of this title; and
(ii)not more than $1,500,000 is available to conduct by grant or contract a survey of levels of recreational boating participation and related matters in the United States.
(2)On or after October 1, 2024, no funds available to the Secretary under this subsection may be used to replace funding provided through general appropriations, nor for any purposes except those purposes authorized by this section.
(3)Amounts made available by this subsection shall remain available 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.
(4)The Secretary shall publish annually in the Federal Register a detailed accounting of the projects, programs, and activities funded under this subsection.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource section (U.S. Code) 1310646:1479 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 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.

Editorial Notes

Prior Provisions

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.

Amendments

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.

Statutory Notes and Related Subsidiaries

Effective Date

of 2015 AmendmentAmendment 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.

Effective Date

of 2005

Amendments

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.

Effective Date

of 1988 AmendmentAmendment 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 AmendmentAmendment 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. Boating Safety Fund 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.

Reference

Citations & Metadata

Citation

46 U.S.C. § 13107

Title 46Shipping

Last Updated

Apr 6, 2026

Release point: 119-73