(g) Surveys
(1) National framework
Within 6 months after June 9, 1998, the Secretary, in consultation with the States, shall adopt a national framework for a public boat access needs assessment which may be used by States to conduct surveys to determine the adequacy, number, location, and quality of facilities providing access to recreational waters for all sizes of recreational boats.
(2) State surveys
Within 18 months after June 9, 1998, each State that agrees to conduct a public boat access needs survey following the recommended national framework shall report its findings to the Secretary for use in the development of a comprehensive national assessment of recreational boat access needs and facilities.
(3) Exception
Paragraph (2) does not apply to a State if, within 18 months after June 9, 1998, the Secretary certifies that the State has developed and is implementing a plan that ensures there are and will be public boat access adequate to meet the needs of recreational boaters on its waters.
(4) Funding
A State that conducts a public boat access needs survey under paragraph (2) may fund the costs of conducting that assessment out of amounts allocated to it as funding dedicated to motorboat access to recreational waters under subsection (b)(1) of this section.
References in Text
For effective date of this subsection, referred to in subsec. (c), see Effective Date of 1984 Amendment note below.
The Clean Vessel Act of 1992, referred to in subsec. (f), is subtitle F of title V of Pub. L. 102–587, Nov. 4, 1992, 106 Stat. 5086, which amended this section and section 777c of this title and enacted provisions set out as a note under section 1322 of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1322 of Title 33 and Tables.
Amendments
2015—Subsec. (b)(2). Pub. L. 114–94 substituted “58.012 percent” for “57 percent”.
2005—Subsec. (b)(2). Pub. L. 109–59, § 10114(1), substituted “to supplement the 57 percent of the balance of each annual appropriation to be apportioned among the States under section 777c(c) of this title” for “in carrying out the research program of the Fish and Wildlife Service in respect to fish of material value for sport or recreation”.
Subsec. (d)(3). Pub. L. 109–59, § 10114(2), substituted “subsection (a)(5) or subsection (b)” for “subsection (c) or (d)” in introductory provisions.
1998—Subsec. (b)(1). Pub. L. 105–178, § 7402(c)(1), which directed the substitution of “15 percent” for “12½ percentum” wherever appearing, was executed by making the substitution for “12½ per centum” to reflect the probable intent of Congress.
Subsec. (c). Pub. L. 105–178, § 7402(c)(3), inserted “and communications” after “outreach”.
Pub. L. 105–178, § 7402(c)(2), which directed the substitution of “15 percent” for “10 percentum”, was executed by making the substitution for “10 per centum” to reflect the probable intent of Congress.
Subsecs. (d) to (f). Pub. L. 105–178, § 7402(c)(4), added subsecs. (d) and (e) and redesignated former subsec. (d) as (f).
Subsec. (g). Pub. L. 105–178, § 7404(b), as amended by Pub. L. 105–206, § 9012(c), added subsec. (g).
1992—Subsec. (b)(1). Pub. L. 102–587, § 5604(b)(1), substituted “12½ per centum” for “10 per centum” after “allocate” and inserted at end “Notwithstanding this provision, States within a United States Fish and Wildlife Service Administrative Region may allocate more or less than 12½ per centum in a fiscal year, provided that the total regional allocation averages 12½ per centum over a 5 year period.”
Subsec. (b)(2). Pub. L. 102–587, § 5604(b)(2), substituted “four fiscal years” for “fiscal year” after first reference to “succeeding” and “period” for second reference to “succeeding fiscal year”.
Subsec. (c). Pub. L. 102–587, § 5604(b)(3), inserted “and outreach” after “education”.
Subsec. (d). Pub. L. 102–587, § 5604(b)(4), added subsec. (d).
1984—Pub. L. 98–369 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).
1970—Pub. L. 91–503 struck out restriction that not more than 25 percent of the Federal funds be set aside for maintenance projects.
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2005 Amendments
From Aug. 10, 2005, to end of fiscal year 2005, subsecs. (b)(2) and (d)(3) 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 this title.
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 this title.
Effective Date of 1998 Amendment
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–369 effective Oct. 1, 1984, and applicable with respect to fiscal years beginning after Sept. 30, 1984, see section 1014(b) of Pub. L. 98–369, set out as a note under section 777 of this title.