Pub. L. 102-587, tit. V, subtit. F, sec. 5604
FUNDING.
SEC. 5604. FUNDING. (a) Transfer.— Section 4 of the Act of August 9, 1950 (16 U.S.C. 777c), is amended— (1) by striking “So much, not to exceed 6 per centum,” and all that follows through “shall apportion the remainder of the appropriation for each fiscal year among the several States” and inserting the following: “(a) The Secretary of the Interior shall distribute 18 per centum of each annual appropriation made in accordance with the provisions of section 3 of this Act as provided in the Coastal Wetlands Planning, Protection, and Restoration Act (title III, Public Law 106 STAT. 5088101–646). Notwithstanding the provisions of section 3 of this Act, such sums shall remain available to carry out such Act through fiscal year 1999. “(b) Of the balance of each such annual appropriation remaining after making the distribution under subsection (a), an amount equal to $10,000,000 for fiscal year 1993, $15,000,000 for each of fiscal years 1994 and 1995, and $20,000,000 for each of fiscal years 1996, and 1997 shall be used as follows: “(1) one-half shall be transferred to the Secretary of Transportation and be expended for State recreational boating safety programs under section 13106(a)(1) of title 46, United States Code; and “(2) one-half of amounts made available under this subsection in a fiscal year shall be available for two years for obligation under section 5604(c) of the Clean Vessel Act of 1992. The Secretary of the Interior may make grants for qualified projects in an amount up to the amount available under this paragraph. Amounts unobligated by the Secretary of the Interior after two years shall be transferred to the Secretary of Transportation and be expended for State recreational boating safety programs under section 13106(a)(1) of title 46, United States Code. In fiscal year 1998, an amount equal to $20,000,000 of the balance remaining after the distribution under subsection (a) shall be transferred to the Secretary of Transportation and be expended for State recreational boating safety programs under section 13106(a)(1) of title 46, United States Code. “(c) Of the balance of each such annual appropriation remaining after the distribution and use under subsections (a) and (b), respectively, so much, not to exceed 6 per centum of such balance, as the Secretary of the Interior may estimate to be necessary for his or her expenses in the conduct of necessary investigations, administration, and the execution of this Act and for aiding in the formulation, adoption, or administration of any compact between two or more States for the conservation and management of migratory fishes in marine or freshwaters, shall be deducted for that purpose, and such sum is authorized to be made available until the expiration of the next succeeding fiscal year. “(d) The Secretary of the Interior, after the distribution, transfer, use, and deduction under subsections (a), (b), and (c), respectively, shall apportion the remainder of each such annual appropriation among the several States”; and “(2) by inserting “(e)” before “So much of any sum” and redesignating the last 2 sentences of that section as subsection (e). (b) Access Increase.— Section 8 of the Act of August 9, 1950 (16 U.S.C. 777g), is amended— (1) in subsection (b)(1) by: (A) striking “10 per centum” and inserting “12 ½ per centum”; and (B) inserting after the first sentence the following: “Notwithstanding this provision, States within a United States Fish and Wildlife Service Administrative Region may allocate more or less than 12 ½ per centum in a fiscal year, provided that the total regional allocation averages 12 ½ per centum over a 5 year period.”; (2) in subsection (b)(2) by: 106 STAT. 5089 (A) striking “fiscal year” after “succeeding” the first time it appears and inserting “four fiscal years”; and (B) striking “succeeding fiscal year” the second time it appears and inserting “period”; (3) in subsection (c) by inserting “and outreach” in the first sentence after “education”; and (4) by adding at the end the following new subsection: “(d) Pumpout Stations and Waste Reception Facilities.— Amounts apportioned to States under section 4 of this Act may be used to pay not more than 75 percent of the costs of constructing, renovating, operating, or maintaining pumpout stations and waste reception facilities (as those terms are defined in the Clean Vessel Act of 1992).”. (c) Grant Program.— (1) Matching grants.— The Secretary of the Interior may obligate an amount not to exceed the amount made available under section 4(b)(2) of the Act of August 9, 1950 (16 U.S.C. 777c(b)(2), as amended by this Act), to make grants to— (A) coastal States to pay not more than 75 percent of the cost to a coastal State of— (i) conducting a survey under section 5603(a); (ii) developing and submitting a plan and accompanying list under section 5603(b); (iii) constructing and renovating pumpout stations and waste reception facilities; and (iv) conducting a program to educate recreational boaters about the problem of human body waste discharges from vessels and inform them of the location of pumpout stations and waste reception facilities. (B) inland States, which can demonstrate to the Secretary of the Interior that there are an inadequate number of pumpout stations and waste reception facilities to meet the needs of recreational vessels in the waters of that State, to pay 75 percent of the cost to that State of— (i) constructing and renovating pumpout stations and waste reception facilities in the inland State; and (ii) conducting a program to educate recreational boaters about the problem of human body waste discharges from vessels and inform them of the location of pumpout stations and waste reception facilities. (2) Priority.— In awarding grants under this subsection, the Secretary of the Interior shall give priority consideration to grant applications that— (A) in coastal States, propose constructing and renovating pumpout stations and waste reception facilities in accordance with a coastal State’s plan approved under section 5603(c); (B) provide for public/private partnership efforts to develop and operate pumpout stations and waste receptions facilities; and (C) propose innovative ways to increase the availability and use of pumpout stations and waste reception facilities. (d) Disclaimer.— Nothing in this subtitle shall be interpreted to preclude a State from carrying out the provisions of this subtitle with funds other than those described in this section.