46 U.S.C. § 13101 — Definitions

Page 228 TITLE 46—SHIPPING § 12506 Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100–710, set out as a note under section 31301 of this title. ANNUAL FEE PRIOR TO JAN. 1, 1992 Pub. L. 100–710, title I, § 104(e)(1), Nov. 23, 1988, 102 Stat. 4751, provided that: ‘‘Before January 1, 1992, the annual fee under section 12505 of title 46, United States Code (as enacted by section 101 of this Act), is $1.00.’’ § 12506. Delegation of authority The Secretary of Transportation may delegate to an agency, a State, or a qualified person the authority to— (1) establish and maintain the vessel identi- fication system; and (2) charge fees under section 12505 of this title to a person making information available to or requesting information from the vessel identification system. (Added Pub. L. 100–710, title I, § 101(a), Nov. 23, 1988, 102 Stat. 4737.) HISTORICAL AND REVISION NOTES Revised section 12506 This section allows the Secretary to delegate the au- thority to establish and maintain the vessel identifica- tion system to an agency, a State, or a qualified per- son. The Secretary may also delegate the authority to charge fees under section 12505 for requesting informa- tion from or making information available to the ves- sel identification system. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100–710, set out as a note under section 31301 of this title. § 12507. Penalties (a) A person shall be fined under title 18, im- prisoned for not more than 2 years, or both, if the person with the intent to defraud— (1) provides false information to the Sec- retary of Transportation or a State issuing au- thority regarding the identification of a vessel under this chapter; or (2) tampers with, removes, or falsifies the unique vessel identification number assigned to a vessel under section 12502 of this title. (b) A person is liable to the United States Gov- ernment for a civil penalty of not more than $10,000 if the person— (1) provides false information to the Sec- retary or a State issuing authority regarding the identification of a vessel under this chap- ter; (2) violates section 12502 of this title; or (3) fails to comply with requirements pre- scribed by the Secretary under section 12505 of this title. (c) A vessel involved in a violation of this chapter, or regulation under this chapter, and its equipment, may be seized by, and forfeited to, the Government. (d) If a person, not an individual, is involved in a violation of this chapter, the president or chief executive of the person also is subject to any penalty provided under this section. (Added Pub. L. 100–710, title I, § 101(a), Nov. 23, 1988, 102 Stat. 4737.) HISTORICAL AND REVISION NOTES Revised section 12507 This section establishes criminal and civil penalties for certain violations of chapter 125 of title 46 (as en- acted by this Act). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100–710, set out as a note under section 31301 of this title. PART I—STATE BOATING SAFETY PROGRAMS CHAPTER 131—RECREATIONAL BOATING SAFETY Sec. 13101. Definitions. 13102. State recreational boating safety programs. 13103. Program acceptance. 13104. Allocations. 13105. Availability of allocations. 13106. Computation decisions about State amounts expended. 13107. Authorization of appropriations. 13108. Computing amounts allocated to States and State records requirements. 13109. Consultation, cooperation, and regulation. [13110. Repealed.] HISTORICAL AND REVISION NOTES This Chapter establishes the recreational boating safety and facility program administered by the Coast Guard. The general purpose is to encourage State par- ticipation in boating safety education and enforcement activities. Editorial Notes AMENDMENTS 2018—Pub. L. 115–282, title VI, § 601(c)(4)(A), Dec. 4, 2018, 132 Stat. 4289, struck out item 13110 ‘‘National Boating Safety Advisory Council’’. 2006—Pub. L. 109–304, § 16(b)(3), Oct. 6, 2006, 120 Stat. 1705, added item 13101 and redesignated former items 13101 to 13106 as 13102 to 13107, respectively. 1998—Pub. L. 105–178, title VII, § 7405(c)(2), June 9, 1998, 112 Stat. 488, substituted ‘‘appropriations’’ for ‘‘contract spending’’ in item 13106. 1984—Pub. L. 98–369, div. A, title X, § 1016(c)(2), July 18, 1984, 98 Stat. 1020, struck out item 13107 ‘‘National Recreational Boating Safety and Facilities Improve- ment Fund’’. § 13101. Definitions In this chapter: (1) ELIGIBLE STATE.—The term ‘‘eligible State’’ means a State that has a State rec- reational boating safety program accepted by the Secretary. (2) STATE RECREATIONAL BOATING SAFETY PROGRAM.—The term ‘‘State recreational boating safety program’’ means education, as- sistance, and enforcement activities conducted for maritime casualty prevention, reduction, and reporting for recreational boating. Page 229 TITLE 46—SHIPPING § 13102 1 So in original. The words ‘‘United States Code,’’ probably should not appear. (Pub. L. 109–304, § 16(b)(2), Oct. 6, 2006, 120 Stat. 1705.) HISTORICAL AND REVISION NOTES Section 16 of the bill [H.R. 1442, which became Pub. L. 109–304] moves the definitions relating to the rec- reational boating safety program from section 2102(a)(1) and (3) to chapter 131 because the terms only appear in chapter 131. Section 16 of the bill also eliminates the special defi- nitions of ‘‘State’’ and ‘‘United States’’ in section 2102(a)(2) as including the Trust Territory of the Pacific Islands because the Trust Territory has been termi- nated. See the definitions of ‘‘State’’ and ‘‘United States’’ in section 2101, which are being moved to chap- ter 1 and being made applicable title-wide. Those defi- nitions already include the Northern Mariana Islands, the only component of the former Trust Territory still under United States sovereignty. Editorial Notes PRIOR PROVISIONS A prior section 13101 was renumbered section 13102 of this title. § 13102. State recreational boating safety pro- grams (a) To encourage greater State participation and uniformity in boating safety efforts, and particularly to permit the States to assume the greater share of boating safety education, as- sistance, and enforcement activities, the Sec- retary shall carry out a national recreational boating safety program. Under this program, the Secretary shall make contracts with, and allo- cate and distribute amounts to, eligible States to assist them in developing, carrying out, and financing State recreational boating safety pro- grams. (b) The Secretary shall establish guidelines and standards for the program. In doing so, the Secretary— (1) shall consider, among other things, fac- tors affecting recreational boating safety by contributing to overcrowding and congestion of waterways, such as the increasing number of recreational vessels operating on those wa- terways and their geographic distribution, the availability and geographic distribution of recreational boating facilities in and among applying States, and State marine casualty and fatality statistics for recreational vessels; (2) shall consult with the Secretary of the Interior to minimize duplication with the pur- poses and expenditures of chapter 2003 of title 54, United States Code,1 the Federal Aid in Sport Fish Restoration Act of 1950 (16 U.S.C. 777–777k), and with the guidelines developed under those Acts; and (3) shall maintain environmental standards consistent with the Coastal Zone Management Act of 1972 (16 U.S.C. 1451–1464) and other laws and policies of the United States intended to safeguard the ecological and esthetic quality of the waters and wetlands of the United States. (c) A State whose recreational boating safety program has been approved by the Secretary is eligible for allocation and distribution of amounts under this chapter to assist that State in developing, carrying out, and financing its program. Matching amounts shall be allocated and distributed among eligible States by the Secretary as provided by section 13104 of this title. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 592, § 13101; Pub. L. 98–369, div. A, title X, § 1011(b), July 18, 1984, 98 Stat. 1013; Pub. L. 101–595, title III, § 312(a), Nov. 16, 1990, 104 Stat. 2987; renumbered § 13102 and amended Pub. L. 109–304, § 16(b)(1), (c)(3), Oct. 6, 2006, 120 Stat. 1705, 1706; Pub. L. 113–287, § 5(n), Dec. 19, 2014, 128 Stat. 3272.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 13101 ............................................ 46:1474 Section 13101(a) authorizes the Secretary to make contracts with, and allocate amounts to eligible States to assist them in carrying out their recreational boat- ing safety and facilities improvement programs. Subsection (b) requires the Secretary to establish guidelines and standards for the program, and specifies specific conditions the Secretary must consider, re- quires consultation with the Secretary of the Interior, and to maintain environmental standards consistent with the Coastal Zone Management Act. Subsection (c) makes the States who meet the stand- ards prescribed by the Secretary eligible for the amounts authorized under this chapter. Editorial Notes REFERENCES IN TEXT The Federal Aid in Sport Fish Restoration Act of 1950, referred to in subsec. (b)(2), is act Aug. 9, 1950, ch. 658, 64 Stat. 430, also known as the Dingell-Johnson Sport Fish Restoration Act, the Federal Aid in Fish Restoration Act, and the Fish Restoration and Manage- ment Projects Act, which is classified generally to chapter 10B (§ 777 et seq.) of Title 16. For complete clas- sification of this Act to the Code, see Short Title note set out under section 777 of Title 16 and Tables. The Coastal Zone Management Act of 1972, referred to in subsec. (b)(3), is title III of Pub. L. 89–454 as added by Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1280, as amended, which is classified generally to chapter 33 (§ 1451 et seq.) of Title 16. For complete classification of this Act to the Code, see Short Title note set out under section 1451 of Title 16 and Tables. PRIOR PROVISIONS A prior section 13102 was renumbered section 13103 of this title. AMENDMENTS 2014—Subsec. (b)(2). Pub. L. 113–287, § 5(n), substituted ‘‘chapter 2003 of title 54, United States Code,’’ for ‘‘the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4—460l–11)’’. 2006—Pub. L. 109–304, § 16(b)(1), renumbered section 13101 of this title as this section. Subsec. (c). Pub. L. 109–304, § 16(c)(3), substituted ‘‘section 13104’’ for ‘‘section 13103’’. 1990—Subsec. (b)(2). Pub. L. 101–595 substituted ‘‘the Federal Aid in Sport Fish Restoration Act of 1950 (16 U.S.C. 777–777k), and with the guidelines developed under those Acts; and’’ for ‘‘and with the guidelines de- veloped under that Act; and’’. 1984—Subsec. (a). Pub. L. 98–369, § 1011(b), struck out ‘‘and facility improvement’’ after ‘‘in boating safety’’, struck out ‘‘and facilities improvement’’ in two places after ‘‘recreational boating safety’’, and substituted ‘‘shall’’ for ‘‘may’’ in second sentence.