46 U.S.C. § 13106 — Untitled legal text

Page 233 TITLE 46—SHIPPING § 13107 riod. If the State does not spend the money within that period, the amounts revert to the Secretary, who will make the amounts available along with the amounts available for that year. Editorial Notes PRIOR PROVISIONS A prior section 13105 was renumbered section 13106 of this title. AMENDMENTS 2006—Pub. L. 109–304 renumbered section 13104 of this title as this section. 2005—Subsec. (a)(1). Pub. L. 109–59, § 10142(1), sub- stituted ‘‘3 years’’ for ‘‘2 years’’. Subsec. (a)(2). Pub. L. 109–59, § 10142(2), substituted ‘‘3- year’’ for ‘‘2-year’’. 1998—Subsec. (a)(1). Pub. L. 105–178, § 7405(a)(1), sub- stituted ‘‘2 years’’ for ‘‘3 years’’. Subsec. (a)(2). Pub. L. 105–178, § 7405(a)(2), substituted ‘‘2-year’’ for ‘‘3-year’’. 1992—Pub. L. 102–587 amended section generally. Prior to amendment, section read as follows: ‘‘(a) Amounts allocated to a State shall be available for obligation by that State for a period of 3 years after the date of allocation. Amounts unobligated by the State at the end of the 3 years shall be withdrawn by the Secretary and shall be available with other amounts to be allocated by the Secretary during that fiscal year. ‘‘(b) Amounts available to the Secretary for State recreational boating safety programs that have not been allocated at the end of a fiscal year shall be car- ried forward as part of the total allocation of amounts for the next fiscal year that may be expended under this chapter.’’ 1986—Subsec. (b). Pub. L. 99–307 inserted ‘‘for State recreational boating safety programs’’ after ‘‘Sec- retary’’. 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. § 13106. Computation decisions about State amounts expended (a) Consistent with regulations prescribed by the Secretary, the computation by a State of amounts expended for the State recreational boating safety program shall include— (1) the acquisition, maintenance, and oper- ating costs of land, facilities, equipment, and supplies; (2) personnel salaries and reimbursable ex- penses; (3) the costs of training personnel; (4) public boat safety education; (5) the costs of carrying out the program; and (6) other expenses that the Secretary con- siders appropriate. (b) The Secretary shall decide an issue arising out of the computation made under subsection (a) of this section. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 596, § 13105; Pub. L. 98–369, div. A, title X, § 1011(e), July 18, 1984, 98 Stat. 1013; Pub. L. 101–595, title III, § 312(c), Nov. 16, 1990, 104 Stat. 2987; renumbered § 13106, Pub. L. 109–304, § 16(b)(1), Oct. 6, 2006, 120 Stat. 1705.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 13105 ............................................ 46:1478 Section 13105 prescribes what amounts expended or obligated by a State will be counted toward the State’s share. This section also authorizes the Secretary to settle any dispute over the computations required by this section. Editorial Notes PRIOR PROVISIONS A prior section 13106 was renumbered section 13107 of this title. AMENDMENTS 2006—Pub. L. 109–304 renumbered section 13105 of this title as this section. 1990—Subsec. (a). Pub. L. 101–595 struck out ‘‘or obli- gated’’ after ‘‘expended’’ in provisions preceding par. (1). 1984—Subsec. (a). Pub. L. 98–369 struck out ‘‘and fa- cilities improvement’’ after ‘‘boating safety’’ in provi- sions preceding par. (1). Statutory Notes and Related Subsidiaries 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. § 13107. Authorization of appropriations (a) Subject to subsection (c), the Secretary shall expend in each fiscal year for State rec- reational boating safety programs, under con- tracts with States under this chapter, an amount equal to the amount transferred to the Secretary under subsections (a)(2) and (f) of sec- tion 4 of the Dingell-Johnson Sport Fish Res- toration Act (16 U.S.C. 777c(a)(2) and (f)). The amount shall be allocated as provided under sec- tion 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 author- ized to be expended for State recreational boat- ing 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 accept- ance shall be credited to the balance of unobli- gated 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 rec- reational boating safety programs may be used. Those purposes shall include— (1) providing facilities, equipment, and sup- plies for boating safety education and law en-