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§13103 Program Acceptance

Title 46 › Subtitle Subtitle II— Vessels and Seamen › Part I— State Boating Safety Programs › Chapter 131— RECREATIONAL BOATING SAFETY › § 13103

Last updated Apr 5, 2026|Official source

Summary

The Secretary must make a contract and give money from the Sport Fish Restoration and Boating Trust Fund to a State that has an approved recreational boating safety program if the State proves four things: its plan follows this chapter and chapters 61 and 123; the funds will be used to run a program that meets the minimum items in subsection (c); the State has enough matching money from general revenue, undocumented vessel numbering and license fees, state marine fuel taxes, or a fund made from those taxes; and the plan names one State agency to lead the program and to send the reports the Secretary requires in the form the Secretary prescribes. Federal money (other than the State sources listed above) cannot be used to pay the State’s required share, and a State may not count money promised under this chapter as the match for another federal program. To get approval and funding under section 13107, a State program must include five items: a vessel numbering system approved or run by the Secretary under chapter 123; a cooperative boating safety assistance program with the Coast Guard; enough patrols and other work to enforce State boating laws; a boating safety education program that warns about operating a vessel under the influence of alcohol or drugs; and a Secretary‑approved system for reporting marine casualties as required by section 6102. When approved, the Secretary’s approval is a government contract to pay the Government’s share of the program costs.

Full Legal Text

Title 46, §13103

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(a)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 (26 U.S.C. 9504) 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 13107 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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource section (U.S. Code) 1310246:1475 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 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.

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 section 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.

Reference

Citations & Metadata

Citation

46 U.S.C. § 13103

Title 46Shipping

Last Updated

Apr 5, 2026

Release point: 119-73not60