Sport Fish Restoration and Recreational Boating Safety Act of 2021

II Calendar No. 218 117TH CONGRESS 1ST SESSION S. 1995 To amend the Dingell-Johnson Sport Fish Restoration Act with respect to sport fish restoration and recreational boating safety, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 9, 2021 Ms. CANTWELL (for herself and Mr. WICKER) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation DECEMBER 17, 2021 Reported by Ms. CANTWELL, without amendment A BILL To amend the Dingell-Johnson Sport Fish Restoration Act with respect to sport fish restoration and recreational boating safety, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Sport Fish Restoration 4 and Recreational Boating Safety Act of 2021’’. 5 VerDate Sep 11 2014 01:33 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1995.RS S1995 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 1995 RS SEC. 2. FINDINGS. 1 Congress finds that— 2 (1) the Sport Fish Restoration and Boating 3 Trust Fund established by section 9504(a) of the In- 4 ternal Revenue Code of 1986 (referred to in this sec- 5 tion as the ‘‘Trust Fund’’) was established in 1950 6 to provide dedicated funding for aquatic conserva- 7 tion and boating safety; 8 (2) the Trust Fund is a user fee-public benefit 9 system funded through motorboat fuel tax receipts, 10 import duties, and excise taxes on small engines, 11 fishing equipment, and electric motors; 12 (3) the Trust Fund provides nearly 13 $650,000,000 annually for recreational infrastruc- 14 ture projects, coastal wetlands restoration, and boat- 15 ing safety and conservation programs in all 50 16 States; 17 (4) since 2010, more than 28,000 acres of habi- 18 tats have been restored and improved throughout 19 coastal wetland ecosystems, which not only serve a 20 critical role in conservation, but provide a significant 21 economic benefit to coastal communities; 22 (5) the recreational boating and angling com- 23 munity, as well as State agencies, recognize the sig- 24 nificant increase in the use of nonmotorized, human- 25 propelled vessels in recent years; and 26 VerDate Sep 11 2014 01:33 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1995.RS S1995 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 1995 RS (6) growth of the human-propelled vessel com- 1 munity has required the Coast Guard and State 2 agencies to use significant resources to address 3 human-propelled vessel infrastructure, boating safe- 4 ty, law enforcement, and search and rescue needs, 5 all of which are paid for by the Trust Fund. 6 SEC. 3. DIVISION OF ANNUAL APPROPRIATIONS. 7 (a) IN GENERAL.—Section 4 of the Dingell-Johnson 8 Sport Fish Restoration Act (16 U.S.C. 777c) is amend- 9 ed— 10 (1) in subsection (a), by striking ‘‘2021’’ and 11 inserting ‘‘2026’’; 12 (2) in subsection (b)— 13 (A) in paragraph (1)— 14 (i) in subparagraph (A), by striking 15 ‘‘2021’’ and inserting ‘‘2026’’; and 16 (ii) by striking subparagraph (B) and 17 inserting the following: 18 ‘‘(B) AVAILABLE AMOUNTS.—The available 19 amount referred to in subparagraph (A) is— 20 ‘‘(i) for the fiscal year that includes 21 the date of enactment of the Sport Fish 22 Restoration and Recreational Boating 23 Safety Act of 2021, the sum obtained by 24 adding— 25 VerDate Sep 11 2014 01:33 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1995.RS S1995 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 1995 RS ‘‘(I) the available amount speci- 1 fied in this subparagraph for the pre- 2 ceding fiscal year; and 3 ‘‘(II) $979,500; and 4 ‘‘(ii) for each fiscal year thereafter, 5 the sum obtained by adding— 6 ‘‘(I) the available amount speci- 7 fied in this subparagraph for the pre- 8 ceding fiscal year; and 9 ‘‘(II) the product obtained by 10 multiplying— 11 ‘‘(aa) the available amount 12 specified in this subparagraph for 13 the preceding fiscal year; and 14 ‘‘(bb) the change, relative to 15 the preceding fiscal year, in the 16 Consumer Price Index for All 17 Urban Consumers published by 18 the Department of Labor.’’; and 19 (B) in paragraph (2)— 20 (i) in subparagraph (A), by striking 21 ‘‘2016 through 2021’’ and inserting ‘‘2022 22 through 2026’’; and 23 (ii) by striking subparagraph (B) and 24 inserting the following: 25 VerDate Sep 11 2014 01:33 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1995.RS S1995 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 1995 RS ‘‘(B) AVAILABLE AMOUNTS.—The available 1 amount referred to in subparagraph (A) is— 2 ‘‘(i) for fiscal year 2022, $12,786,434; 3 and 4 ‘‘(ii) for fiscal year 2023 and each fis- 5 cal year thereafter, the sum obtained by 6 adding— 7 ‘‘(I) the available amount speci- 8 fied in this subparagraph for the pre- 9 ceding fiscal year; and 10 ‘‘(II) the product obtained by 11 multiplying— 12 ‘‘(aa) the available amount 13 specified in this subparagraph for 14 the preceding fiscal year; and 15 ‘‘(bb) the change, relative to 16 the preceding fiscal year, in the 17 Consumer Price Index for All 18 Urban Consumers published by 19 the Department of Labor.’’; and 20 (3) in subsection (e)(2), by striking ‘‘$900,000’’ 21 and inserting ‘‘$1,300,000’’. 22 (b) ADMINISTRATION.—Section 9(a) of the Dingell- 23 Johnson Sport Fish Restoration Act (16 U.S.C. 777h(a)) 24 is amended— 25 VerDate Sep 11 2014 01:33 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1995.RS S1995 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 1995 RS (1) by striking paragraphs (1) and (2) and in- 1 serting the following: 2 ‘‘(1) personnel costs of employees for the work 3 hours of each employee spent directly administering 4 this Act, as those hours are certified by the super- 5 visor of the employee;’’; 6 (2) by redesignating paragraphs (3) through 7 (12) as paragraphs (2) through (11), respectively; 8 (3) in paragraph (2) (as so redesignated), by 9 striking ‘‘paragraphs (1) and (2)’’ and inserting 10 ‘‘paragraph (1)’’; 11 (4) in paragraph (4)(B) (as so redesignated), 12 by striking ‘‘full-time equivalent employee authorized 13 under paragraphs (1) and (2)’’ and inserting ‘‘em- 14 ployee authorized under paragraph (1)’’; 15 (5) in paragraph (8)(A) (as so redesignated), by 16 striking ‘‘on a full-time basis’’; and 17 (6) in paragraph (10) (as so redesignated)— 18 (A) by inserting ‘‘or part-time’’ after ‘‘full- 19 time’’; and 20 (B) by inserting ‘‘, subject to the condition 21 that the percentage of the relocation expenses 22 paid with funds made available pursuant to this 23 Act may not exceed the percentage of the work 24 VerDate Sep 11 2014 01:33 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1995.RS S1995 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 1995 RS hours of the employee that are spent admin- 1 istering this Act’’ after ‘‘incurred’’. 2 (c) OTHER ACTIVITIES.—Section 14(e) of the Din- 3 gell-Johnson Sport Fish Restoration Act (16 U.S.C. 4 777m(e)) is amended by adding at the end the following: 5 ‘‘(3) A portion, as determined by the Sport 6 Fishing and Boating Partnership Council, of funds 7 disbursed for the purposes described in paragraph 8 (2) but remaining unobligated as of October 1, 9 2021, shall be used to study the impact of derelict 10 vessels and identify recyclable solutions for rec- 11 reational vessels.’’. 12 (d) RECREATIONAL BOATING SAFETY.—Section 13 13107(c)(2) of title 46, United States Code, is amended 14 by striking ‘‘No funds available’’ and inserting ‘‘On or 15 after October 1, 2024, no funds available’’. 16 SEC. 4. WILDLIFE RESTORATION FUND ADMINISTRATION. 17 (a) ALLOCATION AND APPORTIONMENT OF AVAIL- 18 ABLE AMOUNTS.—Section 4(a) of the Pittman-Robertson 19 Wildlife Restoration Act (16 U.S.C. 669c(a)) is amend- 20 ed— 21 (1) in paragraph (1), by striking subparagraph 22 (B) and inserting the following: 23 ‘‘(B) AVAILABLE AMOUNTS.—The available 24 amount referred to in subparagraph (A) is— 25 VerDate Sep 11 2014 01:33 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1995.RS S1995 pbinns on DSKJLVW7X2PROD with BILLS 8 •S 1995 RS ‘‘(i) for the fiscal year that includes 1 the date of enactment of the Sport Fish 2 Restoration and Recreational Boating 3 Safety Act of 2021, the sum obtained by 4 adding— 5 ‘‘(I) the available amount speci- 6 fied in this subparagraph for the pre- 7 ceding fiscal year; and 8 ‘‘(II) $979,500; and 9 ‘‘(ii) for each fiscal year thereafter, 10 the sum obtained by adding— 11 ‘‘(I) the available amount speci- 12 fied in this subparagraph for the pre- 13 ceding fiscal year; and 14 ‘‘(II) the product obtained by 15 multiplying— 16 ‘‘(aa) the available amount 17 specified in this subparagraph for 18 the preceding fiscal year; and 19 ‘‘(bb) the change, relative to 20 the preceding fiscal year, in the 21 Consumer Price Index for All 22 Urban Consumers published by 23 the Department of Labor.’’; and 24 (2) in paragraph (2)— 25 VerDate Sep 11 2014 01:33 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1995.RS S1995 pbinns on DSKJLVW7X2PROD with BILLS 9 •S 1995 RS (A) in subparagraph (A), by inserting 1 ‘‘subsequent’’ before ‘‘fiscal year.’’; and 2 (B) by striking subparagraph (B) and in- 3 serting the following: 4 ‘‘(B) APPORTIONMENT OF UNOBLIGATED 5 AMOUNTS.— 6 ‘‘(i) IN GENERAL.—Not later than 60 7 days after the end of a fiscal year, the Sec- 8 retary of the Interior shall apportion 9 among the States any of the available 10 amount under paragraph (1) that re- 11 mained available for obligation pursuant to 12 subparagraph (A) during that fiscal year 13 and remains unobligated at the end of that 14 fiscal year. 15 ‘‘(ii) REQUIREMENT.—The available 16 amount apportioned under clause (i) shall 17 be apportioned on the same basis and in 18 the same manner as other amounts made 19 available under this Act were apportioned 20 among the States for the fiscal year in 21 which the amount was originally made 22 available.’’. 23 VerDate Sep 11 2014 01:33 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1995.RS S1995 pbinns on DSKJLVW7X2PROD with BILLS 10 •S 1995 RS (b) AUTHORIZED EXPENSES FOR ADMINISTRA- 1 TION.—Section 9(a) of the Pittman-Robertson Wildlife 2 Restoration Act (16 U.S.C. 669h(a)) is amended— 3 (1) by striking paragraphs (1) and (2) and in- 4 serting the following: 5 ‘‘(1) personnel costs of employees for the work 6 hours of each employee spent directly administering 7 this Act, as those hours are certified by the super- 8 visor of the employee;’’; 9 (2) by redesignating paragraphs (3) through 10 (12) as paragraphs (2) through (11), respectively; 11 (3) in paragraph (2) (as so redesignated), by 12 striking ‘‘paragraphs (1) and (2)’’ and inserting 13 ‘‘paragraph (1)’’; 14 (4) in paragraph (4)(B) (as so redesignated), 15 by striking ‘‘full-time equivalent employee authorized 16 under paragraphs (1) and (2)’’ and inserting ‘‘em- 17 ployee authorized under paragraph (1)’’; 18 (5) in paragraph (8)(A) (as so redesignated), by 19 striking ‘‘on a full-time basis’’; and 20 (6) in paragraph (10) (as so redesignated)— 21 (A) by inserting ‘‘or part-time’’ after ‘‘full- 22 time’’; and 23 (B) by inserting ‘‘, subject to the condition 24 that the percentage of the relocation expenses 25 VerDate Sep 11 2014 01:33 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1995.RS S1995 pbinns on DSKJLVW7X2PROD with BILLS 11 •S 1995 RS paid with funds made available pursuant to this 1 Act may not exceed the percentage of the work 2 hours of the employee that are spent admin- 3 istering this Act’’ after ‘‘incurred’’. 4 SEC. 5. RECREATIONAL BOATING ACCESS. 5 (a) IN GENERAL.—Not later than 1 year after the 6 date of enactment of this Act, the Comptroller General 7 of the United States shall submit to the Sport Fishing 8 and Boating Partnership Council, the Committee on Nat- 9 ural Resources and the Committee on Transportation and 10 Infrastructure of the House of Representatives, and the 11 Committee on Commerce, Science, and Transportation 12 and the Committee on Environment and Public Works of 13 the Senate a report that, to the extent practicable, given 14 available data, shall document— 15 (1) the use of nonmotorized vessels in each 16 State and how the increased use of nonmotorized 17 vessels is impacting motorized and nonmotorized 18 vessel access; 19 (2) user conflicts at waterway access points; 20 and 21 (3) the use of— 22 (A) Sport Fish Restoration Program funds 23 to improve nonmotorized access at waterway 24 VerDate Sep 11 2014 01:33 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1995.RS S1995 pbinns on DSKJLVW7X2PROD with BILLS 12 •S 1995 RS entry points and the reasons for providing that 1 access; and 2 (B) Recreational Boating Safety Program 3 funds for nonmotorized boating safety pro- 4 grams. 5 (b) CONSULTATION.—The Comptroller General of the 6 United States shall consult with the Sport Fishing and 7 Boating Partnership Council and the National Boating 8 Safety Advisory Council on study design, scope, and prior- 9 ities for the report under subsection (a). 10 SEC. 6. SPORT FISHING AND BOATING PARTNERSHIP 11 COUNCIL. 12 (a) IN GENERAL.—The Sport Fishing and Boating 13 Partnership Council established by the Secretary of the 14 Interior shall be an advisory committee of the Department 15 of the Interior and the Department of Commerce subject 16 to the Federal Advisory Committee Act (5 U.S.C. App.). 17 (b) FACA.— The Secretary of the Interior and the 18 Secretary of Commerce shall jointly carry out the require- 19 ments of the Federal Advisory Committee Act (5 U.S.C. 20 App.) with respect to the Sport Fishing and Boating Part- 21 nership Council described in subsection (a). 22 (c) EFFECTIVE DATE.—This section shall take effect 23 on January 1, 2023. 24 VerDate Sep 11 2014 01:33 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1995.RS S1995 pbinns on DSKJLVW7X2PROD with BILLS VerDate Sep 11 2014 01:33 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1995.RS S1995 pbinns on DSKJLVW7X2PROD with BILLS Calendar No. 218 117TH CONGRESS 1ST SESSION S. 1995 A BILL To amend the Dingell-Johnson Sport Fish Restora- tion Act with respect to sport fish restoration and recreational boating safety, and for other purposes. DECEMBER 17, 2021 Reported without amendment VerDate Sep 11 2014 01:33 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00014 Fmt 6651 Sfmt 6651 E:\BILLS\S1995.RS S1995 pbinns on DSKJLVW7X2PROD with BILLS