The Secretary shall make a contract with, and allocate and distribute amounts from the Sport Fish Restoration and Boating Trust Fund established by section 9504 of the Internal Revenue Code of 1986 (26 U.S.C. 9504) to, a State that has an approved State recreational boating safety program, if the State demonstrates to the Secretary’s satisfaction that—

(1) the program submitted by that State is consistent with this chapter and chapters 61 and 123 of this title;

(2) amounts distributed will be used to develop and carry out a State recreational boating safety program containing the minimum requirements of subsection (c) of this section;

(3) sufficient State matching amounts are available from general State revenue, undocumented vessel numbering and license fees, State marine fuels taxes, or from a fund constituted from the proceeds of those taxes and established to finance a State recreational boating safety program; and

(4) the program submitted by that State designates a State lead authority or agency that will carry out or coordinate carrying out the State recreational boating safety program supported by financial assistance of the United States Government in that State, including the requirement that the designated State authority or agency submit required reports that are necessary and reasonable to carry out properly and efficiently the program and that are in the form prescribed by the Secretary.

Amounts of the Government (except amounts from sources referred to in subsection (a)(3) of this section) may not be used to provide a State’s share of the costs of the program described under this section. State matching amounts committed to a program under this chapter may not be used to constitute the State’s share of matching amounts required by another program of the Government.

The Secretary shall approve a State recreational boating safety program, and the program is eligible to receive amounts authorized to be expended under section 13107 of this title, if the program includes—

(1) a vessel numbering system approved or carried out by the Secretary under chapter 123 of this title;

(2) a cooperative boating safety assistance program with the Coast Guard in that State;

(3) sufficient patrol and other activity to ensure adequate enforcement of applicable State boating safety laws and regulations;

(4) an adequate State boating safety education program, that includes the dissemination of information concerning the hazards of operating a vessel when under the influence of alcohol or drugs; and

(5) a system, approved by the Secretary, for reporting marine casualties required under section 6102 of this title.

The Secretary’s approval under this section is a contractual obligation of the Government for the payment of a proportionate share of the cost of carrying out the program.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 593, § 13102; Pub. L. 98–369, div. A, title X, § 1011(c), July 18, 1984, 98 Stat. 1013; Pub. L. 98–557, § 7(b)(3), Oct. 30, 1984, 98 Stat. 2862; Pub. L. 99–307, § 1(17), May 19, 1986, 100 Stat. 446; Pub. L. 99–626, § 4(a), (b), Nov. 7, 1986, 100 Stat. 3505; Pub. L. 100–448, § 6(b)(3)–(5), Sept. 28, 1988, 102 Stat. 1840; Pub. L. 101–595, title III, § 312(b), Nov. 16, 1990, 104 Stat. 2987; Pub. L. 109–59, title X, § 10141, Aug. 10, 2005, 119 Stat. 1931; renumbered § 13103 and amended Pub. L. 109–304, §§ 15(25), 16(b)(1), (c)(4), Oct. 6, 2006, 120 Stat. 1704–1706.)