Sport Fish Restoration and Recreational Boating Safety Act of 2020

II 116TH CONGRESS 2D SESSION S. 4144 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 JULY 1, 2020 Mr. WICKER (for himself and Ms. CANTWELL) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 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 2020’’. 5 SEC. 2. FINDINGS. 6 Congress finds that— 7 (1) the Sport Fish Restoration and Boating 8 Trust Fund established by section 9504(a) of the In- 9 VerDate Sep 11 2014 05:42 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4144.IS S4144 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 4144 IS ternal Revenue Code of 1986 (referred to in this sec- 1 tion as the ‘‘Trust Fund’’) was established in 1950 2 to provide dedicated funding for aquatic conserva- 3 tion and boating safety; 4 (2) the Trust Fund is a user fee-public benefit 5 system funded through motorboat fuel tax receipts, 6 import duties, and excise taxes on small engines, 7 fishing equipment, and electric motors; 8 (3) the Trust Fund provides nearly 9 $650,000,000 annually for recreational infrastruc- 10 ture projects, coastal wetlands restoration, and boat- 11 ing safety and conservation programs in all 50 12 States; 13 (4) since 2010, more than 28,000 acres of habi- 14 tats have been restored and improved throughout 15 coastal wetland ecosystems, which not only serve a 16 critical role in conservation, but provide a significant 17 economic benefit to coastal communities; 18 (5) the recreational boating and angling com- 19 munity, as well as State agencies, recognize the sig- 20 nificant increase in the use of nonmotorized, human- 21 propelled vessels in recent years; and 22 (6) growth of the human-propelled vessel com- 23 munity has required the Coast Guard and State 24 agencies to use significant resources to address 25 VerDate Sep 11 2014 05:42 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4144.IS S4144 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 4144 IS human-propelled vessel infrastructure, boating safe- 1 ty, law enforcement, and search and rescue needs, 2 all of which are paid for by the Trust Fund. 3 SEC. 3. DIVISION OF ANNUAL APPROPRIATIONS. 4 (a) IN GENERAL.—Section 4 of the Dingell-Johnson 5 Sport Fish Restoration Act (16 U.S.C. 777c) is amend- 6 ed— 7 (1) in subsection (a), by striking ‘‘2021’’ and 8 inserting ‘‘2025’’; 9 (2) in subsection (b)— 10 (A) in paragraph (1)— 11 (i) in subparagraph (A), by striking 12 ‘‘2021’’ and inserting ‘‘2025’’; and 13 (ii) by striking subparagraph (B) and 14 inserting the following: 15 ‘‘(B) AVAILABLE AMOUNTS.—The available 16 amount referred to in subparagraph (A) is— 17 ‘‘(i) for the fiscal year that includes 18 the date of enactment of the Sport Fish 19 Restoration and Recreational Boating 20 Safety Act of 2020, the sum obtained by 21 adding— 22 ‘‘(I) the available amount speci- 23 fied in this subparagraph for the pre- 24 ceding fiscal year; and 25 VerDate Sep 11 2014 05:42 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4144.IS S4144 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 4144 IS ‘‘(II) $979,500; and 1 ‘‘(ii) for each fiscal year thereafter, 2 the sum obtained by adding— 3 ‘‘(I) the available amount speci- 4 fied in this subparagraph for the pre- 5 ceding fiscal year; and 6 ‘‘(II) the product obtained by 7 multiplying— 8 ‘‘(aa) the available amount 9 specified in this subparagraph for 10 the preceding fiscal year; and 11 ‘‘(bb) the change, relative to 12 the preceding fiscal year, in the 13 Consumer Price Index for All 14 Urban Consumers published by 15 the Department of Labor.’’; and 16 (B) in paragraph (2)— 17 (i) in subparagraph (A), by striking 18 ‘‘2016 through 2021’’ and inserting ‘‘2020 19 through 2025’’; and 20 (ii) by striking subparagraph (B) and 21 inserting the following: 22 ‘‘(B) AVAILABLE AMOUNTS.—The available 23 amount referred to in subparagraph (A) is— 24 VerDate Sep 11 2014 05:42 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4144.IS S4144 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 4144 IS ‘‘(i) for fiscal year 2020, $12,000,000; 1 and 2 ‘‘(ii) for fiscal year 2021 and each fis- 3 cal year thereafter, 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) the product obtained by 9 multiplying— 10 ‘‘(aa) the available amount 11 specified in this subparagraph for 12 the preceding fiscal year; and 13 ‘‘(bb) the change, relative to 14 the preceding fiscal year, in the 15 Consumer Price Index for All 16 Urban Consumers published by 17 the Department of Labor.’’; and 18 (3) in subsection (e)(2), by striking ‘‘$900,000’’ 19 and inserting ‘‘$1,300,000’’. 20 (b) ADMINISTRATION.—Section 9(a) of the Dingell- 21 Johnson Sport Fish Restoration Act (16 U.S.C. 777h(a)) 22 is amended— 23 (1) by striking paragraphs (1) and (2) and in- 24 serting the following: 25 VerDate Sep 11 2014 05:42 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4144.IS S4144 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 4144 IS ‘‘(1) personnel costs of employees for the work 1 hours of each employee spent directly administering 2 this Act, as those hours are certified by the super- 3 visor of the employee;’’; 4 (2) by redesignating paragraphs (3) through 5 (12) as paragraphs (2) through (11), respectively; 6 (3) in paragraph (2) (as so redesignated), by 7 striking ‘‘paragraphs (1) and (2)’’ and inserting 8 ‘‘paragraph (1)’’; 9 (4) in paragraph (4)(B) (as so redesignated), 10 by striking ‘‘full-time equivalent employee authorized 11 under paragraphs (1) and (2)’’ and inserting ‘‘em- 12 ployee authorized under paragraph (1)’’; 13 (5) in paragraph (8)(A) (as so redesignated), by 14 striking ‘‘on a full-time basis’’; and 15 (6) in paragraph (10) (as so redesignated)— 16 (A) by inserting ‘‘or part-time’’ after ‘‘full- 17 time’’; and 18 (B) by inserting ‘‘, subject to the condition 19 that the percentage of the relocation expenses 20 paid with funds made available pursuant to this 21 Act may not exceed the percentage of the work 22 hours of the employee that are spent admin- 23 istering this Act’’ after ‘‘incurred’’. 24 VerDate Sep 11 2014 05:42 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4144.IS S4144 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 4144 IS (c) OTHER ACTIVITIES.—Section 14(e) of the Din- 1 gell-Johnson Sport Fish Restoration Act (16 U.S.C. 2 777m(e)) is amended by adding at the end the following: 3 ‘‘(3) A portion, as determined by the Sport 4 Fishing and Boating Partnership Council, of funds 5 disbursed for the purposes described in paragraph 6 (2) but remaining unobligated as of October 1, 7 2020, shall be used to study the impact of derelict 8 vessels and identify recyclable solutions for rec- 9 reational vessels.’’. 10 (d) RECREATIONAL BOATING SAFETY.—Section 11 13107(c)(2) of title 46, United States Code, is amended 12 by striking ‘‘No funds available’’ and inserting ‘‘On or 13 after October 1, 2023, no funds available’’. 14 SEC. 4. WILDLIFE RESTORATION FUND ADMINISTRATION. 15 (a) ALLOCATION AND APPORTIONMENT OF AVAIL- 16 ABLE AMOUNTS.—Section 4(a) of the Pittman-Robertson 17 Wildlife Restoration Act (16 U.S.C. 669c(a)) is amend- 18 ed— 19 (1) in paragraph (1), by striking subparagraph 20 (B) and inserting the following: 21 ‘‘(B) AVAILABLE AMOUNTS.—The available 22 amount referred to in subparagraph (A) is— 23 ‘‘(i) for the fiscal year that includes 24 the date of enactment of the Sport Fish 25 VerDate Sep 11 2014 05:42 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4144.IS S4144 pbinns on DSKJLVW7X2PROD with BILLS 8 •S 4144 IS Restoration and Recreational Boating 1 Safety Act of 2020, the sum obtained by 2 adding— 3 ‘‘(I) the available amount speci- 4 fied in this subparagraph for the pre- 5 ceding fiscal year; and 6 ‘‘(II) $979,500; and 7 ‘‘(ii) for each fiscal year thereafter, 8 the sum obtained by adding— 9 ‘‘(I) the available amount speci- 10 fied in this subparagraph for the pre- 11 ceding fiscal year; and 12 ‘‘(II) the product obtained by 13 multiplying— 14 ‘‘(aa) the available amount 15 specified in this subparagraph for 16 the preceding fiscal year; and 17 ‘‘(bb) the change, relative to 18 the preceding fiscal year, in the 19 Consumer Price Index for All 20 Urban Consumers published by 21 the Department of Labor.’’; and 22 (2) in paragraph (2)— 23 (A) in subparagraph (A), by inserting 24 ‘‘subsequent’’ before ‘‘fiscal year.’’; and 25 VerDate Sep 11 2014 05:42 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4144.IS S4144 pbinns on DSKJLVW7X2PROD with BILLS 9 •S 4144 IS (B) by striking subparagraph (B) and in- 1 serting the following: 2 ‘‘(B) APPORTIONMENT OF UNOBLIGATED 3 AMOUNTS.— 4 ‘‘(i) IN GENERAL.—Not later than 60 5 days after the end of a fiscal year, the Sec- 6 retary of the Interior shall apportion 7 among the States any of the available 8 amount under paragraph (1) that re- 9 mained available for obligation pursuant to 10 subparagraph (A) during that fiscal year 11 and remains unobligated at the end of that 12 fiscal year. 13 ‘‘(ii) REQUIREMENT.—The available 14 amount apportioned under clause (i) shall 15 be apportioned on the same basis and in 16 the same manner as other amounts made 17 available under this Act were apportioned 18 among the States for the fiscal year in 19 which the amount was originally made 20 available.’’. 21 (b) AUTHORIZED EXPENSES FOR ADMINISTRA- 22 TION.—Section 9(a) of the Pittman-Robertson Wildlife 23 Restoration Act (16 U.S.C. 669h(a)) is amended— 24 VerDate Sep 11 2014 05:42 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4144.IS S4144 pbinns on DSKJLVW7X2PROD with BILLS 10 •S 4144 IS (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 05:42 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4144.IS S4144 pbinns on DSKJLVW7X2PROD with BILLS 11 •S 4144 IS hours of the employee that are spent admin- 1 istering this Act’’ after ‘‘incurred’’. 2 SEC. 5. RECREATIONAL BOATING ACCESS. 3 (a) IN GENERAL.—Not later than 1 year after the 4 date of enactment of this Act, the Comptroller General 5 of the United States shall submit to the Sport Fishing 6 and Boating Partnership Council, the Committee on Nat- 7 ural Resources and the Committee on Transportation and 8 Infrastructure of the House of Representatives, and the 9 Committee on Commerce, Science, and Transportation 10 and the Committee on Environment and Public Works of 11 the Senate a report that, to the extent practicable, given 12 available data, shall document— 13 (1) the use of nonmotorized vessels in each 14 State and how the increased use of nonmotorized 15 vessels is impacting motorized and nonmotorized 16 vessel access; 17 (2) user conflicts at waterway access points; 18 and 19 (3) the use of— 20 (A) Sport Fish Restoration Program funds 21 to improve nonmotorized access at waterway 22 entry points and the reasons for providing that 23 access; and 24 VerDate Sep 11 2014 05:42 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4144.IS S4144 pbinns on DSKJLVW7X2PROD with BILLS 12 •S 4144 IS (B) Recreational Boating Safety Program 1 funds for nonmotorized boating safety pro- 2 grams. 3 (b) CONSULTATION.—The Comptroller General of the 4 United States shall consult with the Sport Fishing and 5 Boating Partnership Council and the National Boating 6 Safety Advisory Council on study design, scope, and prior- 7 ities for the report under subsection (a). 8 Æ VerDate Sep 11 2014 05:42 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\S4144.IS S4144 pbinns on DSKJLVW7X2PROD with BILLS