HR 702 IH

To encourage the safe and responsible use of personal watercraft, and for other purposes.

February 14, 2001

Mr. SAXTON (for himself and Mr. GILCHREST) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

To encourage the safe and responsible use of personal watercraft, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Personal Watercraft Responsible Use Act of 2001'.

SEC. 2. FINDINGS.

The Congress finds the following:

(1) The growing popularity of recreational boating, including personal watercraft, has resulted in increased numbers of boaters competing for limited space, which leads to more boating accidents and a diminished experience for all users.

(2) Personal watercraft are `thrill craft' that are operated differently from other motorized boats, are designed to be highly maneuverable at high speeds, and are capable of operating at high speeds in shallow areas that are typically inaccessible by other motorized boats.

(3) Irresponsible operation of personal watercraft poses a safety risk for untrained operators and other recreational users, and damages valuable aquatic habitat in shallow waters.

SEC. 3. PURPOSES AND POLICIES.

The purposes and policies of this Act are the following:

(1) To ensure the safe and responsible use of personal watercraft in the Nation's waterways.

(2) To protect sensitive shallow water habitat that is important for many fish and wildlife species.

(3) To reduce conflicts among recreational boaters by providing a forum for collaborative management efforts to develop innovative boating regulations for overcrowded waterways.

(4) To provide Federal assistance to States to improve the enforcement of recreational boating laws.

SEC. 4. DEFINITIONS.

In this Act, the following definitions shall apply:

(1) TERMS DEFINED IN COASTAL ZONE MANAGEMENT ACT OF 1972- Each of the terms `coastal state', `coastal waters', and `Secretary' has the meaning given that term under section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453).

(2) PERSONAL WATERCRAFT- The term `personal watercraft' means a motor vessel that is capable of carrying one or more persons and--

(A) uses an inboard motor powering a water jet pump or a caged propeller as its primary source of motive power; and

(B) is designed to be operated by a person standing on, kneeling on, sitting in, or sitting astride the vessel.

(3) NO-WAKE SPEED- The term `no-wake speed' means the speed at which a personal watercraft moves through the water while maintaining minimum headway and producing the smallest wake possible.

SEC. 5. ENFORCEABLE POLICIES IN THE COASTAL ZONE.

(a) WITHHOLDING OF ASSISTANCE-

(1) IN GENERAL- The Secretary shall withhold up to 10 percent of a coastal state's assistance in each fiscal year under sections 306 and 309 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455 and 1456b), unless the coastal state implements enforceable policies and other provisions required under this section regarding the operation of personal watercraft in coastal waters of the State.

(2) APPLICATION- Paragraph (1) shall apply after the expiration of the 2-year period beginning on the date of the enactment of this Act.

(b) ENFORCEABLE POLICIES- Enforceable policies required under this section shall prohibit a person from operating a personal watercraft in excess of no-wake speed in any of the following areas or manner:

(1) In any area designated as a sensitive area in the management program of the coastal state under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.).

(2) In waters closer than 200 feet from the shoreline.

(3) In a designated right-of-way or navigation channel.

(4) In a manner that injures, harasses, or disturbs wading, roosting, or nesting birds or marine mammals.

(c) DESIGNATION OF SENSITIVE AREAS-

(1) DESIGNATION BY STATE- In addition to the enforceable policies required under subsection (b), the management program of a coastal state shall include provisions that designate sensitive areas of the coastal state for purposes of subsection (b)(1) in accordance with the criteria issued under paragraph (2) of this subsection.

(2) CRITERIA FOR DESIGNATION- The Secretary shall issue criteria for designating sensitive areas under paragraph (1). The criteria shall include a consideration of the following:

(A) The presence of unique or valuable aquatic habitat and communities.

(B) The presence of aquatic vegetation, nesting birds, shellfish beds, or marine mammals.

(C) The importance of an area for other recreational and commercial users.

(d) COMPLIANCE- A coastal state that has a program that is otherwise approved by the Secretary in accordance with section 306(d) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455(d)) may comply with subsection (a) of this section by amending or modifying the program (in accordance with section 306(e) of that Act) to add enforceable policies and other provisions required by that subsection.

(e) USE OF GRANTS- A State may use any amount received by the State as assistance under section 306 or 309 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455, 1456b) to develop and implement enforceable policies and provisions required under this section.

(f) REGULATIONS- The Secretary, in consultation with the Secretary of Transportation, shall issue regulations implementing this section before the expiration of the 1-year period beginning on the date of the enactment of this Act.

SEC. 6. PERSONAL WATERCRAFT SAFETY PROGRAM.

(a) NATIONAL PERSONAL WATERCRAFT GUIDELINES- Within one year after the date of enactment of this Act, the Secretary of Transportation shall establish guidelines and standards for the operation of personal watercraft, consistent with the enforceable policies required under section 5(b), in the national recreational boating safety program carried out under section 13101 of title 46, United States Code. The guidelines and standards shall include--

(1) mandatory State registration of personal watercraft;

(2) a minimum age for a personal watercraft operator of at least 16 years of age, unless the operator is accompanied on the vessel by a passenger who has attained an age greater than 16 years and who has completed the mandatory training program required under paragraph (3); and

(3) a requirement that all operators of personal watercraft (including any operator of a rented vessel) must complete a training program that includes safety and conservation components.

(b) IMPLEMENTATION FUNDS- A State may use funds received by the State under section 13106 of title 46, United States Code, to develop and implement regulations to improve personal watercraft user safety, reduce conflicts among personal watercraft operators and other boaters, and minimize environmental damage.

SEC. 7. LAW ENFORCEMENT GRANTS.

(a) IN GENERAL- The Secretary of Transportation, subject to the availability of appropriations, may make grants to States to enforce recreational boating laws and regulations, including purchasing necessary equipment and hiring law enforcement personal. A State is eligible for assistance under this subsection if the State has--

(1) implemented a recreational boating safety program that incorporates the national guidelines and standards for personal watercraft established under section 6(a); and

(2) adopted the enforceable policies described in section 5(b), if the State is a coastal state.

(b) ALLOCATION-

(1) IN GENERAL- Of the total amount available each fiscal year for grants under this section, the Secretary shall allocate to each State an amount that bears the same ratio to such total amount as the number of recreational vessels registered in that State bears to the total number of recreational vessels registered in all States.

(2) LIMITATION ON GRANTS TO A STATE- The total amount awarded to a State each fiscal year as grants under this section may not exceed the allocation to the State under paragraph (1) for the fiscal year.

(c) REQUIRED MATCH- As a condition of providing a grant under this section to a State, the Secretary shall require the State to provide matching funds according to

a 1-to-1 ratio of Federal-to-State contributions. All State matching funds must be from non-Federal sources. The State contribution may be made in the form of in-kind contribution of goods or services.

SEC. 8. TASK FORCE DEVELOPMENT GRANTS.

(a) IN GENERAL- The Secretary of Transportation, subject to the availability of appropriations, may make grants to States to support the activities of collaborative task forces to minimize conflicts between personal watercraft and other recreational and commercial users. Task forces that receive assistance from the Secretary of Transportation under this section shall--

(1) be organized geographically to minimize user conflicts in a watershed or basin; and

(2) consist of members that represent personal watercraft recreational users, State boating law administrators, State conservation agencies, other Federal, State, and local agencies with a demonstrated interest in minimizing user conflicts, property owners, and other interested persons.

(b) ALLOCATION- The Secretary shall award task force development grants on a competitive basis. No State may receive more than 25 percent of the total amount appropriated for a fiscal year for assistance under this subsection.

(c) REGULATIONS- The Secretary of Transportation may issue regulations and requirements for the task force development grant program under this section.

(d) REQUIRED MATCH- As a condition of providing a grant under this section to a State, the Secretary shall require the State to provide matching funds according to a 1-to-1 ratio of Federal-to-State contributions. All State matching funds must be from non-Federal sources. The State contribution may be made in the form of in-kind contribution of goods or services.

(e) OBLIGATION- Amounts provided as a grant under this section shall be available to the grantee for obligation for 2 years, after which any unobligated amount shall revert to the Secretary of Transportation and remain available for grants under this section for subsequent fiscal years.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

(a) LAW ENFORCEMENT GRANTS- For law enforcement grants under section 7, there are authorized to be appropriated to the Secretary of Transportation $25,000,000 for each of fiscal years 2002, 2003, and 2004.

(b) TASK FORCE DEVELOPMENT GRANTS- For task force development grants under section 8, there are authorized to be appropriated to the Secretary of Transportation $2,500,000 for each of fiscal years 2002, 2003, and 2004.

SEC. 10. STATE AUTHORITY PRESERVED.

Nothing in this Act limits the authority of a State to establish limitations or requirements for the operation of personal watercraft, that are more restrictive than the enforceable policies and other provisions required by this Act.

END