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TITLE VII--MISCELLANEOUS Subtitle A-- <<NOTE: National Highway Traffic Saftey Administration Reauthorization Act of 1998.>> Automobile Safety and Information SEC. 7101. SHORT TITLE. <<NOTE: 49 USC 30101 note.>> This subtitle may be cited as the ``National Highway Traffic Safety Administration Reauthorization Act of 1998''. SEC. 7102. AUTHORIZATION OF APPROPRIATIONS. (a) Motor Vehicle Safety Activities.--Section 30104 of title 49, United States Code, is amended to read as follows: ``Sec. 30104. Authorization of appropriations ``There is authorized to be appropriated to the Secretary $81,200,000 for the National Highway Traffic Safety Administration to carry out this part in each fiscal year beginning in fiscal year 1999 and ending in fiscal year 2001.''. (b) Motor Vehicle Information Activities.--Section 32102 of title 49, United States Code, is amended to read as follows: ``Sec. 32102. Authorization of appropriations ``There is authorized to be appropriated to the Secretary $6,200,000 for the National Highway Traffic Safety Administration to carry out this part in each fiscal year beginning in fiscal year 1999 and ending in fiscal year 2001.''. SEC. 7103. IMPROVING AIR BAG SAFETY. <<NOTE: 49 USC 30127 note.>> (a) Rulemaking To Improve Air Bags.-- (1) Notice of proposed rulemaking.--Not later than September 1, 1998, the Secretary of Transportation shall issue a notice of proposed rulemaking to improve occupant protection for occupants of different sizes, belted and unbelted, under Federal Motor Vehicle Safety Standard No. 208, while minimizing the risk to infants, children, and other occupants from injuries and deaths caused by air bags, by means that include advanced air bags. (2) Final rule.--Notwithstanding any other provision of law, the Secretary shall complete the rulemaking required by this subsection by issuing, not later than September 1, 1999, a final rule with any provision the Secretary deems appropriate, consistent with paragraph (1) and the requirements of section 30111, title 49, United States Code. If the Secretary determines that the final rule cannot be completed by that date to meet the purposes of paragraph (1), the Secretary may extend the date for issuing the final rule to not later than March 1, 2000. (3) Effective date.--The final rule issued under this subsection shall become effective in phases as rapidly as practicable, beginning not earlier than September 1, 2002, and no sooner than 30 months after the date of the issuance of the final rule, but not later than September 1, 2003. The final rule shall become fully effective for all vehicles identified in section 30127(b), title 49, United States Code, that are manufactured on and after September 1, 2005. Should the phase-in of the final rule required by this paragraph commence on September 1, 2003, then in that event, and only in that event, the Secretary is authorized to make the final rule fully effective on September 1, 2006, for all vehicles that are manufactured on and after that date. (4) Coordination of effective dates.--The requirements of S13 of Standard No. 208 shall remain in effect unless and until changed by the rule required by this subsection. (5) Credit for early compliance.--To encourage early compliance, the Secretary is directed to include in the notice of proposed rulemaking required by paragraph (1) means by which manufacturers may earn credits for future compliance. Credits, on a one-vehicle for one-vehicle basis, may be earned for vehicles certified as being in full compliance under section 30115 of title 49, United States Code, with the rule required by paragraph (2) which are either-- (A) so certified in advance of the phase-in period; or (B) in excess of the percentage requirements during the phase-in period. (b) Advisory Committees.--Any government advisory committee, task force, or other entity involving air bags shall include representatives of consumer and safety organizations, insurers, manufacturers, and suppliers. SEC. 7104. RESTRICTIONS ON LOBBYING ACTIVITIES. (a) Amendment.--Subchapter I of chapter 301 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 30105. Restriction on lobbying activities ``(a) In General.--No funds appropriated to the Secretary shall be available for any activity specifically designed to urge a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. ``(b) Appearance as Witness Not Barred.--Subsection (a) does not prohibit officers or employees of the United States from testifying before any State or local legislative body in response to the invitation of any member of that legislative body or a State executive office.''. (b) Clerical Amendment.--The table of contents in subchapter I of chapter 301 of title 49, United States Code, is amended by adding at the end the following: ``30105. Restriction on lobbying activities.''. SEC. 7105. ODOMETERS. (a) Transfers of New Motor Vehicles.--Section 32705(a) of title 49, United States Code, is amended by adding at the end the following: ``(4)(A) This subsection shall apply to all transfers of motor vehicles (unless otherwise exempted by the Secretary by regulation), except in the case of transfers of new motor vehicles from a vehicle manufacturer jointly to a dealer and a person engaged in the business of renting or leasing vehicles for a period of 30 days or less. ``(B) For purposes of subparagraph (A), the term `new motor vehicle' means any motor vehicle driven with no more than the limited use necessary in moving, transporting, or road testing such vehicle prior to delivery from the vehicle manufacturer to a dealer, but in no event shall the odometer reading of such vehicle exceed 300 miles.''. (b) Exempted Vehicles.--Section 32705(a) of title 49, United States Code, as amended by subsection (a), is amended by adding at the end the following new paragraph: ``(5) The Secretary may exempt such classes or categories of vehicles as the Secretary deems appropriate from these requirements. Until such time as the Secretary amends or modifies the regulations set forth in 49 CFR 580.6, such regulations shall have full force and effect.''. SEC. 7106. MISCELLANEOUS AMENDMENTS. (a) Remedies for Defects and Noncompliance.--Section 30120(i)(1) of title 49, United States Code, is amended by inserting ``(including retailers of motor vehicle equipment)'' after ``dealer'' the first time it appears. (b) Tires.--Section 30123 of title 49, United States Code, is amended by striking subsections (a), (b), and (c) and by redesignating subsections (d), (e), and (f), as subsections (a), (b), and (c), respectively. (c) Automatic Occupant Crash Protection and Seat Belt Use.--Section 30127(g)(1) of title 49, United States Code, is amended by striking ``every 6 months'' and inserting ``annually''. (d) Miscellaneous.-- (1) Definitions.-- (A) Country of origin.--Section 32304(a)(3)(B) of title 49, United States Code, is amended by inserting before the period the following: ``, plus the assembly and labor costs incurred for the final assembly of such engines and transmissions''. (B) Final assembly place.--Section 32304(a)(5) of title 49, United States Code, is amended by adding at the end the following: ``Such term does not include facilities for engine and transmission fabrication and assembly and the facilities for fabrication of motor vehicle equipment component parts which are produced at the same final assembly place using forming processes such as stamping, machining, or molding processes.''. (C) Outside supplier content reporting.--Section 32304(a)(9)(A) of title 49, United States Code, is amended to read as follows: ``(A) for an outside supplier-- ``(i) the full purchase price of passenger motor vehicle equipment whose purchase price contains at least 70 percent value added in the United States and Canada; or ``(ii) that portion of the purchase price of passenger motor vehicle equipment containing less than 70 percent value added in the United States and Canada that is attributable to the percent value added in the United States and Canada when such percent is expressed to the nearest 5 percent; and''. (2) Country of assembly.--Section 32304(d) of title 49, United States Code, is amended by adding at the end the following: ``A manufacturer may add to the label required under subsection (b) a line stating the country in which vehicle assembly was completed.''. (3) Vehicle content percentage by assembly plant.--Section 32304 of title 49, United States Code, is amended by redesignating subsections (c) through (f) as subsections (f) through (i), respectively, and by adding after subsection (b) the following: ``(c) Vehicle Content Percentage by Assembly Plant.--A manufacturer may display separately on the label required by subsection (b) the domestic content of a vehicle based on the assembly plant. Such display shall occur after the matter required to be in the label by subsection (b)(1)(A).''. (4) Suppliers failing to report.--Section 32304 of title 49, United States Code, is amended by adding after subsection (c), as added by paragraph (3), the following: ``(d) Value Added Determination.--If a manufacturer or allied supplier requests information in a timely manner from one or more of its outside suppliers concerning the United States /Canadian content of particular equipment, but does not receive that information despite a good faith effort to obtain it, the manufacturer or allied supplier may make its own good faith value added determinations, subject to the following: ``(1) The manufacturer or allied supplier shall make the same value added determinations as would be made by the outside supplier, that is, whether 70 percent or more of the value of equipment is added in the United States and /or Canada. ``(2) The manufacturer or allied supplier shall consider the amount of value added and the location in which the value was added for all of the stages that the outside supplier would be required to consider. ``(3) The manufacturer or allied supplier may determine that the value added in the United States and /or Canada is 70 percent or more only if it has a good faith basis to make that determination. ``(4) A manufacturer and its allied suppliers may, on a combined basis, make value added determinations for no more than 10 percent, by value, of a carline's total parts content from outside suppliers. ``(5) Value added determinations made by a manufacturer or allied supplier under this paragraph shall have the same effect as if they were made by the outside supplier. ``(6) This provision does not affect the obligation of outside suppliers to provide the requested information.''. (5) Accounting for the value of small parts.--Section 32304 of title 49, United States Code, is amended by adding after subsection (d), as added by paragraph (4), the following: ``(e) Small Parts.--The country of origin of nuts, bolts, clips, screws, pins, braces, gasoline, oil, blackout, phosphate rinse, windshield washer fluid, fasteners, tire assembly fluid, rivets, adhesives, and grommets, of any system, subassembly, or component installed in a vehicle shall be considered to be the country in which such parts were included in the final assembly of such vehicle.''. (e) <<NOTE: 49 USC 30101 note.>> Study.--The National Highway Traffic Safety Administration shall conduct a study of the benefits to motor vehicle drivers of a regulation to require the installation in a motor vehicle of an interior device to release the trunk lid. Not later than 18 months after the date of the enactment of this Act, the Administration shall submit a report on the results of the study to the Committee on Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. SEC. 7107. IMPORTATION OF MOTOR VEHICLE FOR SHOW OR DISPLAY. (a) Importation of Noncomplying Motor Vehicles.--Section 30114 of title 49, United States Code, is amended by striking ``or competitive racing events'' and inserting ``competitive racing events, show, or display''. (b) <<NOTE: 49 USC 30114 note.>> Transition Rule.--A person who is the owner of a motor vehicle located in the United States on the date of enactment of this Act may seek an exemption under section 30114 of title 49, United States Code, as amended by subsection (a) of this section, for a period of 6 months after the date regulations of the Secretary of Transportation promulgated in response to such amendment take effect. Subtitle B--Railroads SEC. 7201. HIGH-SPEED RAIL. (a) Authorization of Appropriations.--Section 26104 of title 49, United States Code, is amended-- (1) by redesignating subsection (d) as subsection (h); and (2) by inserting after subsection (c) the following new subsections: ``(d) Fiscal Year 1998.--(1) There are authorized to be appropriated to the Secretary $10,000,000 for fiscal year 1998, for carrying out section 26101 (including payment of administrative expenses related thereto). ``(2) There are authorized to be appropriated to the Secretary $25,000,000 for fiscal year 1998, for carrying out section 26102 (including payment of administrative expenses related thereto). ``(e) Fiscal Year 1999.--(1) There are authorized to be appropriated to the Secretary $10,000,000 for fiscal year 1999, for carrying out section 26101 (including payment of administrative expenses related thereto). ``(2) There are authorized to be appropriated to the Secretary $25,000,000 for fiscal year 1999, for carrying out section 26102 (including payment of administrative expenses related thereto). ``(f) Fiscal Year 2000.--(1) There are authorized to be appropriated to the Secretary $10,000,000 for fiscal year 2000, for carrying out section 26101 (including payment of administrative expenses related thereto). ``(2) There are authorized to be appropriated to the Secretary $25,000,000 for fiscal year 2000, for carrying out section 26102 (including payment of administrative expenses related thereto). ``(g) Fiscal Year 2001.--(1) There are authorized to be appropriated to the Secretary $10,000,000 for fiscal year 2001, for carrying out section 26101 (including payment of administrative expenses related thereto). ``(2) There are authorized to be appropriated to the Secretary $25,000,000 for fiscal year 2001, for carrying out section 26102 (including payment of administrative expenses related thereto).''. (b) Definition.--Section 26105(2) of title 49, United States Code, is amended to read as follows: ``(2) the term `high-speed rail' means all forms of nonhighway ground transportation that run on rails or electromagnetic guideways providing transportation service which is-- ``(A) reasonably expected to reach sustained speeds of more than 125 miles per hour; and ``(B) made available to members of the general public as passengers, but does not include rapid transit operations within an urban area that are not connected to the general rail system of transportation;''. SEC. 7202. LIGHT DENSITY RAIL LINE PILOT PROJECTS. (a) Amendment.--Part B of subtitle V of title 49, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 223--LIGHT DENSITY RAIL LINE PILOT PROJECTS ``Sec. ``22301. Light density rail line pilot projects. ``Sec. 22301. Light density rail line pilot projects ``(a) Grants.--The Secretary of Transportation may make grants to States that have State rail plans described in section 22102 (1) and (2), to fund pilot projects that demonstrate the relationship of light density railroad services to the statutory responsibilities of the Secretary, including those under title 23. ``(b) Limitations.--Grants under this section may be made only for pilot projects for making capital improvements to, and rehabilitating, publicly and privately owned rail line structures, and may not be used for providing operating assistance. ``(c) Private Owner Contributions.--Grants made under this section for projects on privately owned rail line structures shall include contributions by the owner of the rail line structures, based on the benefit to those structures, as determined by the Secretary. ``(d) Study.--The Secretary shall conduct a study of the pilot projects carried out with grant assistance under this section to determine the public interest benefits associated with the light density railroad networks in the States and their contribution to a multimodal transportation system. Not later than March 31, 2003, the Secretary shall report to Congress any recommendations the Secretary considers appropriate regarding the eligibility of light density rail networks for Federal infrastructure financing. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $17,500,000 for each of the fiscal years 1998, 1999, 2000, 2001, 2002, and 2003. Such funds shall remain available until expended.''. (b) Table of Chapters.--The table of chapters of subtitle V of title 49, United States Code, is amended by inserting after the item relating to chapter 221 the following new item: ``223. LIGHT DENSITY RAIL LINE PILOT PROJECTS...................22301''. SEC. 7203. RAILROAD REHABILITATION AND IMPROVEMENT FINANCING. (a) Amendments.--Title V of the Railroad Revitalization and Regulatory Reform Act of 1976 is amended-- (1) by striking sections 501 through 504 <<NOTE: 45 USC 821- 824.>> and inserting the following new sections: ``SEC. 501. DEFINITIONS. <<NOTE: 45 USC 821.>> ``For purposes of this title: ``(1)(A) The term `cost' means the estimated long-term cost to the Government of a direct loan or loan guarantee or modification thereof, calculated on a net present value basis, excluding administrative costs and any incidental effects on governmental receipts or outlays. ``(B) The cost of a direct loan shall be the net present value, at the time when the direct loan is disbursed, of the following estimated cash flows: ``(i) Loan disbursements. ``(ii) Repayments of principal. ``(iii) Payments of interest and other payments by or to the Government over the life of the loan after adjusting for estimated defaults, prepayments, fees, penalties, and other recoveries. Calculation of the cost of a direct loan shall include the effects of changes in loan terms resulting from the exercise by the borrower of an option included in the loan contract. ``(C) The cost of a loan guarantee shall be the net present value, at the time when the guaranteed loan is disbursed, of the following estimated cash flows: ``(i) Payments by the Government to cover defaults and delinquencies, interest subsidies, or other payments. ``(ii) Payments to the Government, including origination and other fees, penalties, and recoveries. Calculation of the cost of a loan guarantee shall include the effects of changes in loan terms resulting from the exercise by the guaranteed lender of an option included in the loan guarantee contract, or by the borrower of an option included in the guaranteed loan contract. ``(D) The cost of a modification is the difference between the current estimate of the net present value of the remaining cash flows under the terms of a direct loan or loan guarantee contract, and the current estimate of the net present value of the remaining cash flows under the terms of the contract, as modified. ``(E) In estimating net present values, the discount rate shall be the average interest rate on marketable Treasury securities of similar maturity to the cash flows of the direct loan or loan guarantee for which the estimate is being made. ``(F) When funds are obligated for a direct loan or loan guarantee, the estimated cost shall be based on the current assumptions, adjusted to incorporate the terms of the loan contract, for the fiscal year in which the funds are obligated. ``(2) The term `current' has the same meaning as in section 250(c)(9) of the Balanced Budget and Emergency Deficit Control Act of 1985. ``(3) The term `direct loan' means a disbursement of funds by the Government to a non-Federal borrower under a contract that requires the repayment of such funds. The term includes the purchase of, or participation in, a loan made by another lender and financing arrangements that defer payment for more than 90 days, including the sale of a Government asset on credit terms. The term does not include the acquisition of a federally guaranteed loan in satisfaction of default claims. ``(4) The term `direct loan obligation' means a binding agreement by the Secretary to make a direct loan when specified conditions are fulfilled by the borrower. ``(5) The term `intermodal' means of or relating to the connection between rail service and other modes of transportation, including all parts of facilities at which such connection is made. ``(6) The term `loan guarantee' means any guarantee, insurance, or other pledge with respect to the payment of all or a part of the principal or interest on any debt obligation of a non-Federal borrower to a non-Federal lender, but does not include the insurance of deposits, shares, or other withdrawable accounts in financial institutions. ``(7) The term `loan guarantee commitment' means a binding agreement by the Secretary to make a loan guarantee when specified conditions are fulfilled by the borrower, the lender, or any other party to the guarantee agreement. ``(8) The term `modification' means any Government action that alters the estimated cost of an outstanding direct loan (or direct loan obligation) or an outstanding loan guarantee (or loan guarantee commitment) from the current estimate of cash flows. This includes the sale of loan assets, with or without recourse, and the purchase of guaranteed loans. This also includes any action resulting from new legislation, or from the exercise of administrative discretion under existing law, that directly or indirectly alters the estimated cost of outstanding direct loans (or direct loan obligations) or loan guarantees (or loan guarantee commitments) such as a change in collection procedures. ``SEC. 502. DIRECT LOANS AND <<NOTE: 45 USC 822.>> LOAN GUARANTEES. ``(a) General Authority.--The Secretary may provide direct loans and loan guarantees to State and local governments, government sponsored authorities and corporations, railroads, and joint ventures that include at least 1 railroad. ``(b) Eligible Purposes.-- ``(1) In general.--Direct loans and loan guarantees under this section shall be used to-- ``(A) acquire, improve, or rehabilitate intermodal or rail equipment or facilities, including track, components of track, bridges, yards, buildings, and shops; ``(B) refinance outstanding debt incurred for the purposes described in subparagraph (A); or ``(C) develop or establish new intermodal or railroad facilities. ``(2) Operating expenses not eligible.--Direct loans and loan guarantees under this section shall not be used for railroad operating expenses. ``(c) Priority Projects.--In granting applications for direct loans or guaranteed loans under this section, the Secretary shall give priority to projects that-- ``(1) enhance public safety; ``(2) enhance the environment; ``(3) promote economic development; ``(4) enable United States companies to be more competitive in international markets; ``(5) are endorsed by the plans prepared under section 135 of title 23, United States Code, by the State or States in which they are located; or ``(6) preserve or enhance rail or intermodal service to small communities or rural areas. ``(d) Extent of Authority.--The aggregate unpaid principal amounts of obligations under direct loans and loan guarantees made under this section shall not exceed $3,500,000,000 at any one time. Of this amount, not less than $1,000,000,000 shall be available solely for projects primarily benefiting freight railroads other than Class I carriers. ``(e) Rates of Interest.-- ``(1) Direct loans.--The Secretary shall require interest to be paid on a direct loan made under this section at a rate not less than that necessary to recover the cost of making the loan. ``(2) Loan guarantees.--The Secretary shall not make a loan guarantee under this section if the interest rate for the loan exceeds that which the Secretary determines to be reasonable, taking into consideration the prevailing interest rates and customary fees incurred under similar obligations in the private capital market. ``(f) Infrastructure Partners.-- ``(1) Authority of secretary.--In lieu of or in combination with appropriations of budget authority to cover the costs of direct loans and loan guarantees as required under section 504(b)(1) of the Federal Credit Reform Act of 1990, the Secretary may accept on behalf of an applicant for assistance under this section a commitment from a non-Federal source to fund in whole or in part credit risk premiums with respect to the loan that is the subject of the application. In no event shall the aggregate of appropriations of budget authority and credit risk premiums described in this paragraph with respect to a direct loan or loan guarantee be less than the cost of that direct loan or loan guarantee. ``(2) Credit risk premium amount.--The Secretary shall determine the amount required for credit risk premiums under this subsection on the basis of-- ``(A) the circumstances of the applicant, including the amount of collateral offered; ``(B) the proposed schedule of loan disbursements; ``(C) historical data on the repayment history of similar borrowers; ``(D) consultation with the Congressional Budget Office; and ``(E) any other factors the Secretary considers relevant. ``(3) Payment of premiums.--Credit risk premiums under this subsection shall be paid to the Secretary before the disbursement of loan amounts. ``(4) Cohorts of loans.--In order to maintain sufficient balances of credit risk premiums to adequately protect the Federal Government from risk of default, while minimizing the length of time the Government retains possession of those balances, the Secretary shall establish cohorts of loans. When all obligations attached to a cohort of loans have been satisfied, credit risk premiums paid for the cohort, and interest accrued thereon, which were not used to mitigate losses shall be returned to the original source on a pro rata basis. ``(g) Prerequisites for Assistance.--The Secretary shall not make a direct loan or loan guarantee under this section unless the Secretary has made a finding in writing that-- ``(1) repayment of the obligation is required to be made within a term of not more than 25 years from the date of its execution; ``(2) the direct loan or loan guarantee is justified by the present and probable future demand for rail services or intermodal facilities; ``(3) the applicant has given reasonable assurances that the facilities or equipment to be acquired, rehabilitated, improved, developed, or established with the proceeds of the obligation will be economically and efficiently utilized; ``(4) the obligation can reasonably be repaid, using an appropriate combination of credit risk premiums and collateral offered by the applicant to protect the Federal Government; and ``(5) the purposes of the direct loan or loan guarantee are consistent with subsection (b). ``(h) Conditions of Assistance.--The Secretary shall, before granting assistance under this section, require the applicant to agree to such terms and conditions as are sufficient, in the judgment of the Secretary, to ensure that, as long as any principal or interest is due and payable on such obligation, the applicant, and any railroad or railroad partner for whose benefit the assistance is intended-- ``(1) will not use any funds or assets from railroad or intermodal operations for purposes not related to such operations, if such use would impair the ability of the applicant, railroad, or railroad partner to provide rail or intermodal services in an efficient and economic manner, or would adversely affect the ability of the applicant, railroad, or railroad partner to perform any obligation entered into by the applicant under this section; ``(2) will, consistent with its capital resources, maintain its capital program, equipment, facilities, and operations on a continuing basis; and ``(3) will not make any discretionary dividend payments that unreasonably conflict with the purposes stated in subsection (b). ``SEC. 503. <<NOTE: 45 USC 823 note.>> ADMINISTRATION OF DIRECT LOANS AND LOAN GUARANTEES. ``(a) Applications.--The Secretary shall prescribe the form and contents required of applications for assistance under section 502, to enable the Secretary to determine the eligibility of the applicant's proposal, and shall establish terms and conditions for direct loans and loan guarantees made under that section. ``(b) Assignment of Loan Guarantees.--The holder of a loan guarantee made under section 502 may assign the loan guarantee in whole or in part, subject to such requirements as the Secretary may prescribe. ``(c) Modifications.--The Secretary may approve the modification of any term or condition of a direct loan, loan guarantee, direct loan obligation, or loan guarantee commitment, including the rate of interest, time of payment of interest or principal, or security requirements, if the Secretary finds in writing that-- ``(1) the modification is equitable and is in the overall best interests of the United States; and ``(2) consent has been obtained from the applicant and, in the case of a loan guarantee or loan guarantee commitment, the holder of the obligation. ``(d) Compliance.--The Secretary shall assure compliance, by an applicant, any other party to the loan, and any railroad or railroad partner for whose benefit assistance is intended, with the provisions of this title, regulations issued hereunder, and the terms and conditions of the direct loan or loan guarantee, including through regular periodic inspections. ``(e) Commercial Validity.--For purposes of claims by any party other than the Secretary, a loan guarantee or loan guarantee commitment shall be conclusive evidence that the underlying obligation is in compliance with the provisions of this title, and that such obligation has been approved and is legal as to principal, interest, and other terms. Such a guarantee or commitment shall be valid and incontestable in the hands of a holder thereof, including the original lender or any other holder, as of the date when the Secretary granted the application therefor, except as to fraud or material misrepresentation by such holder. ``(f) Default.--The Secretary <<NOTE: Regulations.>> shall prescribe regulations setting forth procedures in the event of default on a loan made or guaranteed under section 502. The Secretary shall ensure that each loan guarantee made under that section contains terms and conditions that provide that-- ``(1) if a payment of principal or interest under the loan is in default for more than 30 days, the Secretary shall pay to the holder of the obligation, or the holder's agent, the amount of unpaid guaranteed interest; ``(2) if the default has continued for more than 90 days, the Secretary shall pay to the holder of the obligation, or the holder's agent, 90 percent of the unpaid guaranteed principal; ``(3) after final resolution of the default, through liquidation or otherwise, the Secretary shall pay to the holder of the obligation, or the holder's agent, any remaining amounts guaranteed but which were not recovered through the default's resolution; ``(4) the Secretary shall not be required to make any payment under paragraphs (1) through (3) if the Secretary finds, before the expiration of the periods described in such paragraphs, that the default has been remedied; and ``(5) the holder of the obligation shall not receive payment or be entitled to retain payment in a total amount which, together with all other recoveries (including any recovery based upon a security interest in equipment or facilities) exceeds the actual loss of such holder. ``(g) Rights of the Secretary.-- ``(1) Subrogation.--If the Secretary makes payment to a holder, or a holder's agent, under subsection (g) in connection with a loan guarantee made under section 502, the Secretary shall be subrogated to all of the rights of the holder with respect to the obligor under the loan. ``(2) Disposition of property.--The Secretary may complete, recondition, reconstruct, renovate, repair, maintain, operate, charter, rent, sell, or otherwise dispose of any property or other interests obtained pursuant to this section. The Secretary shall not be subject to any Federal or State regulatory requirements when carrying out this paragraph. ``(h) Action Against Obligor.--The Secretary may bring a civil action in an appropriate Federal court in the name of the United States in the event of a default on a direct loan made under section 502, or in the name of the United States or of the holder of the obligation in the event of a default on a loan guaranteed under section 502. The holder of a guarantee shall make available to the Secretary all records and evidence necessary to prosecute the civil action. The Secretary may accept property in full or partial satisfaction of any sums owed as a result of a default. If the Secretary receives, through the sale or other disposition of such property, an amount greater than the aggregate of-- ``(1) the amount paid to the holder of a guarantee under subsection (g) of this section; and ``(2) any other cost to the United States of remedying the default, the Secretary shall pay such excess to the obligor. ``(i) Breach of Conditions.--The Attorney General shall commence a civil action in an appropriate Federal court to enjoin any activity which the Secretary finds is in violation of this title, regulations issued hereunder, or any conditions which were duly agreed to, and to secure any other appropriate relief. ``(j) Attachment.--No attachment or execution may be issued against the Secretary, or any property in the control of the Secretary, prior to the entry of final judgment to such effect in any State, Federal, or other court. ``(k) Investigation Charge.--The Secretary may charge and collect from each applicant a reasonable charge for appraisal of the value of the equipment or facilities for which the direct loan or loan guarantee is sought, and for making necessary determinations and findings. Such charge shall not aggregate more than one-half of 1 percent of the principal amount of the obligation.''; (2) <<NOTE: 45 USC 8253et seq.>> by striking sections 505 through 515 (other than 511(c)), 517, and 518; (3) in section 511(c) <<NOTE: 45 USC 831.>> by striking ``this section'' and inserting ``section 502''; (4) by moving subsection (c) of section 511 (as amended by paragraph (3) of this section) from section 511 to section 503 (as inserted by paragraph (1) of this section), <<NOTE: 45 USC 831, 823.>> inserting it after subsection (a), and redesignating it as subsection (b); and (5) by redesignating section 516 as section 504. <<NOTE: 45 USC 836.>> (b) Technical and Conforming Provisions.-- (1) Table of contents.--The table of contents of title V of the Railroad Revitalization and Regulatory Reform Act of 1976 is amended by striking the items relating to sections 502 through 518 and inserting the following: ``Sec. 502. Direct loans and loan guarantees. ``Sec. 503. Administration of direct loans and loan guarantees. ``Sec. 504. Employee protection.''. (2) <<NOTE: 45 USC 821 note.>> Savings provision.--A transaction entered into under the authority of title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.) before the date of enactment of this Act shall be administered until completion under its terms as if this Act were not enacted. (3) Repeal.--Section 211(i) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 721(i)) is repealed. SEC. 7204. ALASKA RAILROAD. <<NOTE: 45 USC 1207 note.>> (a) Grants.--The Secretary may make grants to the Alaska Railroad for capital rehabilitation of and improvements to its passenger services. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,250,000 for each of fiscal years 1998 through 2003. Subtitle C--Comprehensive One-Call Notification SEC. 7301. FINDINGS. <<NOTE: 49 USC 6101 note.>> Congress finds that-- (1) unintentional damage to underground facilities during excavation is a significant cause of disruptions in telecommunications, water supply, electric power, and other vital public services, such as hospital and air traffic control operations, and is a leading cause of natural gas and hazardous liquid pipeline accidents; (2) excavation that is performed without prior notification to an underground facility operator or with inaccurate or untimely marking of such a facility prior to excavation can cause damage that results in fatalities, serious injuries, harm to the environment and disruption of vital services to the public; and (3) protection of the public and the environment from the consequences of underground facility damage caused by excavations will be enhanced by a coordinated national effort to improve one-call notification programs in each State and the effectiveness and efficiency of one-call notification systems that operate under such programs. SEC. 7302. ONE-CALL NOTIFICATION PROGRAMS. (a) In General.--Subtitle III of title 49, United States Code, is amended by adding at the end thereof the following: ``CHAPTER 61--ONE-CALL NOTIFICATION PROGRAMS ``Sec. ``6101. Purposes. ``6102. Definitions. ``6103. Minimum standards for State one-call notification programs. ``6104. Compliance with minimum standards. ``6105. Review of one-call system best practices. ``6106. Grants to States. ``6107. Authorization of appropriations. ``6108. Relationship to State laws. ``Sec. 6101. Purposes ``The purposes of this chapter are-- ``(1) to enhance public safety; ``(2) to protect the environment; ``(3) to minimize risks to excavators; and ``(4) to prevent disruption of vital public services, by reducing the incidence of damage to underground facilities during excavation through the voluntary adoption and efficient implementation by all States of State one-call notification programs that meet the minimum standards set forth under section 6103. ``Sec. 6102. Definitions ``In this chapter, the following definitions apply: ``(1) One-call notification system.--The term `one-call notification system' means a system operated by an organization that has as 1 of its purposes to receive notification from excavators of intended excavation in a specified area in order to disseminate such notification to underground facility operators that are members of the system so that such operators can locate and mark their facilities in order to prevent damage to underground facilities in the course of such excavation. ``(2) State one-call notification program.--The term `State one-call notification program' means the State statutes, regulations, orders, judicial decisions, and other elements of law and policy in effect in a State that establish the requirements for the operation of one-call notification systems in such State. ``(3) State.--The term `State' means a State, the District of Columbia, and Puerto Rico. ``(4) Secretary.--The term `Secretary' means the Secretary of Transportation. ``Sec. 6103. Minimum standards for State one-call notification programs ``(a) Minimum Standards.--In order to qualify for a grant under section 6106, a State one-call notification program shall, at a minimum, provide for-- ``(1) appropriate participation by all underground facility operators; ``(2) appropriate participation by all excavators; and ``(3) flexible and effective enforcement under State law with respect to participation in, and use of, one-call notification systems. ``(b) Appropriate Participation.--In determining the appropriate extent of participation required for types of underground facilities or excavators under subsection (a), a State shall assess, rank, and take into consideration the risks to the public safety, the environment, excavators, and vital public services associated with-- ``(1) damage to types of underground facilities; and ``(2) activities of types of excavators. ``(c) Implementation.--A State one-call notification program also shall, at a minimum, provide for-- ``(1) consideration of the ranking of risks under subsection (b) in the enforcement of its provisions; ``(2) a reasonable relationship between the benefits of one- call notification and the cost of implementing and complying with the requirements of the State one-call notification program; and ``(3) voluntary participation where the State determines that a type of underground facility or an activity of a type of excavator poses a de minimis risk to public safety or the environment. ``(d) Penalties.--To the extent the State determines appropriate and necessary to achieve the purposes of this chapter, a State one-call notification program shall, at a minimum, provide for-- ``(1) administrative or civil penalties commensurate with the seriousness of a violation by an excavator or facility owner of a State one-call notification program; ``(2) increased penalties for parties that repeatedly damage underground facilities because they fail to use one-call notification systems or for parties that repeatedly fail to provide timely and accurate marking after the required call has been made to a one-call notification system; ``(3) reduced or waived penalties for a violation of a requirement of a State one-call notification program that results in, or could result in, damage that is promptly reported by the violator; ``(4) equitable relief; and ``(5) citation of violations. ``Sec. 6104. Compliance with minimum standards ``(a) Requirement.--In order to qualify for a grant under section 6106, each State shall submit to the Secretary a grant application under subsection (b). The State shall submit the application not later than 2 years after the date of enactment of this chapter. ``(b) Application.-- ``(1) Upon application by a State, the Secretary shall review that State's one-call notification program, including the provisions for the implementation of the program and the record of compliance and enforcement under the program. ``(2) Based on the review under paragraph (1), the Secretary shall determine whether the State's one-call notification program meets the minimum standards for such a program set forth in section 6103 in order to qualify for a grant under section 6106. ``(3) In order to expedite compliance under this section, the Secretary may consult with the State as to whether an existing State one-call notification program, a specific modification thereof, or a proposed State program would result in a positive determination under paragraph (2). ``(4) The Secretary shall prescribe the form and manner of filing an application under this section that shall provide sufficient information about a State's one-call notification program for the Secretary to evaluate its overall effectiveness. Such information may include the nature and reasons for exceptions from required participation, the types of enforcement available, and such other information as the Secretary deems necessary. ``(5) The application of a State under paragraph (1) and the record of actions of the Secretary under this section shall be available to the public. ``(c) Alternative Program.--A State is eligible to receive a grant under section 6106 if the State maintains an alternative one-call notification program that provides protection for public safety, excavators, and the environment that is equivalent to, or greater than, protection provided under a program that meets the minimum standards set forth in section 6103. ``(d) Report.--Within 3 years after the date of the enactment of this chapter, the Secretary shall begin to include the following information in reports submitted under section 60124 of this title-- ``(1) a description of the extent to which each State has adopted and implemented the minimum Federal standards under section 6103 or maintains an alternative program under subsection (c); ``(2) an analysis by the Secretary of the overall effectiveness of each State's one-call notification program and the one-call notification systems operating under such program in achieving the purposes of this chapter; ``(3) the impact of each State's decisions on the extent of required participation in one-call notification systems on prevention of damage to underground facilities; and ``(4) areas where improvements are needed in one-call notification systems in operation in each State. The report shall also include any recommendations the Secretary determines appropriate. If the Secretary determines that the purposes of this chapter have been substantially achieved, no further report under this section shall be required. ``Sec. 6105. Review of one-call system best practices ``(a) Study of Existing One-Call Systems.--Except as provided in subsection (d), the Secretary, in consultation with other appropriate Federal agencies, State agencies, one-call notification system operators, underground facility operators, excavators, and other interested parties, shall undertake a study of damage prevention practices associated with existing one-call notification systems. ``(b) Purpose of Study of Damage Prevention Practices.--The purpose of the study is to gather information in order to determine which existing one-call notification systems practices appear to be the most effective in protecting the public, excavators, and the environment and in preventing disruptions to public services and damage to underground facilities. As part of the study, the Secretary shall consider, at a minimum-- ``(1) the methods used by one-call notification systems and others to encourage participation by excavators and owners of underground facilities; ``(2) the methods by which one-call notification systems promote awareness of their programs, including use of public service announcements and educational materials and programs; ``(3) the methods by which one-call notification systems receive and distribute information from excavators and underground facility owners; ``(4) the use of any performance and service standards to verify the effectiveness of a one-call notification system; ``(5) the effectiveness and accuracy of mapping used by one- call notification systems; ``(6) the relationship between one-call notification systems and preventing damage to underground facilities; ``(7) how one-call notification systems address the need for rapid response to situations where the need to excavate is urgent; ``(8) the extent to which accidents occur due to errors in marking of underground facilities, untimely marking or errors in the excavation process after a one-call notification system has been notified of an excavation; ``(9) the extent to which personnel engaged in marking underground facilities may be endangered; ``(10) the characteristics of damage prevention programs the Secretary believes could be relevant to the effectiveness of State one-call notification programs; and ``(11) the effectiveness of penalties and enforcement activities under State one-call notification programs in obtaining compliance with program requirements. ``(c) Report.--Within 1 year after the date of the enactment of this chapter, the Secretary shall publish a report identifying those practices of one-call notification systems that are the most and least successful in-- ``(1) preventing damage to underground facilities; and ``(2) providing effective and efficient service to excavators and underground facility operators. The Secretary shall encourage each State and operator of one-call notification programs to adopt and implement those practices identified in the report that the State determines are the most appropriate. ``(d) Secretarial Discretion.--Prior to undertaking the study described in subsection (a), the Secretary shall determine whether timely information described in subsection (b) is readily available. If the Secretary determines that such information is readily available, the Secretary is not required to carry out the study. ``Sec. 6106. Grants to States ``(a) In General.--The Secretary may make a grant of financial assistance to a State that qualifies under section 6104(b) to assist in improving-- ``(1) the overall quality and effectiveness of one-call notification systems in the State; ``(2) communications systems linking one-call notification systems; ``(3) location capabilities, including training personnel and developing and using location technology; ``(4) record retention and recording capabilities for one- call notification systems; ``(5) public information and education; ``(6) participation in one-call notification systems; or ``(7) compliance and enforcement under the State one-call notification program. ``(b) State Action Taken Into Account.--In making grants under this section, the Secretary shall take into consideration the commitment of each State to improving its State one-call notification program, including legislative and regulatory actions taken by the State after the date of enactment of this chapter. ``(c) Funding for One-Call Notification Systems.--A State may provide funds received under this section directly to any one-call notification system in such State that substantially adopts the best practices identified under section 6105. ``Sec. 6107. Authorization of appropriations ``(a) For Grants to States.--There are authorized to be appropriated to the Secretary to provide grants to States under section 6106 $1,000,000 for fiscal year 2000 and $5,000,000 for fiscal year 2001. Such funds shall remain available until expended. ``(b) For Administration.--There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out sections 6103, 6104, and 6105 for fiscal years 1999, 2000, and 2001. ``(c) General Revenue Funding.--Any sums appropriated under this section shall be derived from general revenues and may not be derived from amounts collected under section 60301 of this title. ``Sec. 6108. Relationship to State laws ``Nothing in this chapter preempts State law or shall impose a new requirement on any State or mandate revisions to a one-call system.''. (b) Conforming Amendment.--The table of chapters for subtitle III of such title is amended by adding at the end thereof the following: ``61. ONE-CALL NOTIFICATION PROGRAMS.............................6101''. <<NOTE: Sportfishing and Boating Safety Act of 1998.>> Subtitle D-- Sportfishing and Boating Safety SEC. 7401. SHORT TITLE; AMENDMENT OF 1950 ACT. (a) <<NOTE: 16 USC 777 note.>> Short Title.--This subtitle may be cited as the ``Sportfishing and Boating Safety Act of 1998''. (b) Amendment of 1950 Act.--Whenever in this subtitle an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision of the 1950 Act, the reference shall be considered to be made to a section or other provision of the Act entitled ``An Act to provide that the United States shall aid the States in fish restoration and management projects, and for other purposes,'' approved August 9, 1950 (16 U.S.C. 777 et seq.). SEC. 7402. OUTREACH AND COMMUNICATIONS PROGRAMS. (a) Definitions.--Section 2 of the 1950 Act (16 U.S.C. 777a) is amended-- (1) by indenting the left margin of so much of the text as precedes ``(a)'' by 2 ems; (2) by inserting ``For purposes of this Act--'' after the section heading; (3) by striking ``For the purpose of this Act the'' in the first paragraph and inserting ``(1) the''; (4) by indenting the left margin of so much of the text as follows ``include--'' by 4 ems; (5) by striking ``(a)'', ``(b)'', ``(c)'', and ``(d)'' and inserting ``(A)'', ``(B)'', ``(C)'', and ``(D)'', respectively; (6) by striking ``department.'' and inserting ``department;''; and (7) by adding at the end the following: ``(2) the term `outreach and communications program' means a program to improve communications with anglers, boaters, and the general public regarding angling and boating opportunities, to reduce barriers to participation in these activities, to advance adoption of sound fishing and boating practices, to promote conservation and the responsible use of the Nation's aquatic resources, and to further safety in fishing and boating; and ``(3) the term `aquatic resource education program' means a program designed to enhance the public's understanding of aquatic resources and sportfishing, and to promote the development of responsible attitudes and ethics toward the aquatic environment.''. (b) Funding for Outreach and Communications Program.--Section 4 of the 1950 Act (16 U.S.C. 777c) is amended-- (1) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; (2) by inserting after subsection (b) the following: ``(c) National Outreach and Communications Program.--Of the balance of each such annual appropriation remaining after making the distribution under subsections (a) and (b), respectively, an amount equal to-- ``(1) $5,000,000 for fiscal year 1999; ``(2) $6,000,000 for fiscal year 2000; ``(3) $7,000,000 for fiscal year 2001; ``(4) $8,000,000 for fiscal year 2002; and ``(5) $10,000,000 for fiscal year 2003; shall be used for the National Outreach and Communications Program under section 8(d). Such amounts shall remain available for 3 fiscal years, after which any portion thereof that is unobligated by the Secretary of the Interior for that program may be expended by the Secretary under subsection (e).''; (3) in subsection (d), as redesignated, by inserting ``, for an outreach and communications program'' after ``Act''; (4) in subsection (d), as redesignated, by striking ``subsections (a) and (b),'' and inserting ``subsections (a), (b), and (c),''; (5) by adding at the end of subsection (d), as redesignated, the following: ``Of the sum available to the Secretary of the Interior under this subsection for any fiscal year, up to $2,500,000 may be used for the National Outreach and Communications Program under section 8(d) in addition to the amount available for that program under subsection (c). No funds available to the Secretary under this subsection may be used to replace funding traditionally provided through general appropriations, nor for any purposes except those purposes authorized by this Act. The Secretary <<NOTE: Federal Register, publication.>> shall publish a detailed accounting of the projects, programs, and activities funded under this subsection annually in the Federal Register.''; and (6) in subsection (e), as redesignated, by striking ``subsections (a), (b), and (c),'' and inserting ``subsections (a), (b), (c), and (d),''. (c) Increase in State Allocation.--Section 8 of the 1950 Act (16 U.S.C. 777g) is amended-- (1) by striking ``12 1/2 percentum'' each place it appears in subsection (b) and inserting ``15 percent''; (2) by striking ``10 percentum'' in subsection (c) and inserting ``15 percent''; (3) by inserting ``and communications'' in subsection (c) after ``outreach''; and (4) by redesignating subsection (d) as subsection (f); and by inserting after subsection (c) the following: ``(d) National Outreach and Communications Program.-- ``(1) Implementation.--Within 1 year after the date of enactment of the Sportfishing and Boating Safety Act of 1998, the Secretary of the Interior shall develop and implement, in cooperation and consultation with the Sport Fishing and Boating Partnership Council, a national plan for outreach and communications. ``(2) Content.--The plan shall provide-- ``(A) guidance, including guidance on the development of an administrative process and funding priorities, for outreach and communications programs; and ``(B) for the establishment of a national program. ``(3) Secretary may match or fund programs.--Under the plan, the Secretary may obligate amounts available under subsection (c) or (d) of section 4 of this Act-- ``(A) to make grants to any State or private entity to pay all or any portion of the cost of carrying out any outreach and communications program under the plan; or ``(B) to fund contracts with States or private entities to carry out such a program. ``(4) Review.--The plan shall be reviewed periodically, but not less frequently than once every 3 years. ``(e) State Outreach and Communications Program.--Within 12 months after the completion of the national plan under subsection (d)(1), a State shall develop a plan for an outreach and communications program and submit it to the Secretary. In developing the plan, a State shall-- ``(1) review the national plan developed under subsection (d); ``(2) consult with anglers, boaters, the sportfishing and boating industries, and the general public; and ``(3) establish priorities for the State outreach and communications program proposed for implementation.''. SEC. 7403. CLEAN VESSEL ACT FUNDING. Section 4(b) of the 1950 Act (16 U.S.C. 777c(b)) is amended to read as follows: ``(b) Use of Balance After Distribution.-- ``(1) Fiscal year 1998.--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 shall be expended for State recreational boating safety programs under section 13106(a)(1) of title 46, United States Code. ``(2) Fiscal year 1999.--For fiscal year 1999, of the balance of each annual appropriation remaining after making the distribution under subsection (a), an amount equal to $74,000,000, reduced by 82 percent of the amount appropriated for that fiscal year from the Boat Safety Account of the Aquatic Resources Trust Fund established by section 9504 of the Internal Revenue Code of 1986 to carry out the purposes of section 13106(a) of title 46, United States Code, shall be used as follows: ``(A) $10,000,000 shall be available to the Secretary of the Interior for 3 fiscal years for obligation for qualified projects under section 5604(c) of the Clean Vessel Act of 1992 (33 U.S.C. 1322 note). ``(B) The balance remaining after the application of subparagraph (A) shall be transferred to the Secretary of Transportation and shall be expended for State recreational boating safety programs under section 13106 of title 46, United States Code. ``(3) Fiscal years 2000-2003.--For each of fiscal years 2000 through 2003, of the balance of each annual appropriation remaining after making the distribution under subsection (a), an amount equal to $82,000,000, reduced by 82 percent of the amount appropriated for that fiscal year from the Boat Safety Account of the Aquatic Resources Trust Fund established by section 9504 of the Internal Revenue Code of 1986 to carry out the purposes of section 13106(a) of title 46, United States Code, shall be used as follows: ``(A) $10,000,000 shall be available for each fiscal year to the Secretary of the Interior for 3 fiscal years for obligation for qualified projects under section 5604(c) of the Clean Vessel Act of 1992 (33 U.S.C. 1322 note). ``(B) $8,000,000 shall be available for each fiscal year to the Secretary of the Interior for 3 fiscal years for obligation for qualified projects under section 6404(d) of the Sportfishing and Boating Safety Act of 1998. ``(C) The balance remaining after the application of subparagraphs (A) and (B) shall be transferred for each such fiscal year to the Secretary of Transportation and shall be expended for State recreational boating safety programs under section 13106 of title 46, United States Code. ``(4) Transfer of certain funds.--Amounts available under subparagraph (A) of paragraph (2) and subparagraphs (A) and (B) of paragraph (3) that are unobligated by the Secretary of the Interior after 3 fiscal years shall be transferred to the Secretary of Transportation and shall be expended for State recreational boating safety programs under section 13106(a) of title 46, United States Code.''. SEC. <<NOTE: 16 USC 777g-1.>> 7404. BOATING INFRASTRUCTURE. (a) Purpose.--The purpose of this section is to provide funds to States for the development and maintenance of facilities for transient nontrailerable recreational vessels. (b) Survey.--Section 8 of the 1950 Act (16 U.S.C. 777g), as amended by section 6402, is amended by adding at the end thereof the following: ``(g) Surveys.-- ``(1) National framework.--Within 6 months after the date of enactment of the Sportfishing and Boating Safety Act of 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 such date of enactment, 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 such date of enactment, 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.''. (c) Plan.--Within 6 months after submitting a survey to the Secretary under section 8(g) of the Act entitled ``An Act to provide that the United States shall aid the States in fish restoration and management projects, and for other purposes,'' approved August 9, 1950 (16 U.S.C. 777g(g)), as added by subsection (b) of this section, a State may develop and submit to the Secretary a plan for the construction, renovation, and maintenance of facilities for transient nontrailerable recreational vessels, and access to those facilities, to meet the needs of nontrailerable recreational vessels operating on navigable waters in the State. (d) Grant Program.-- (1) Matching grants.--The Secretary of the Interior shall obligate amounts made available under section 4(b)(3)(B) of the Act entitled ``An Act to provide that the United States shall aid the States in fish restoration and management projects, and for other purposes,'' approved August 9, 1950, as amended by this Act, to make grants to any State to pay not more than 75 percent of the cost to a State of constructing, renovating, or maintaining facilities for transient nontrailerable recreational vessels. (2) Priorities.--In awarding grants under paragraph (1), the Secretary shall give priority to projects that-- (A) consist of the construction, renovation, or maintenance of facilities for transient nontrailerable recreational vessels in accordance with a plan submitted by a State under subsection (c); (B) provide for public/private partnership efforts to develop, maintain, and operate facilities for transient nontrailerable recreational vessels; and (C) propose innovative ways to increase the availability of facilities for transient nontrailerable recreational vessels. (e) Definitions.--For purposes of this section, the term-- (1) ``nontrailerable recreational vessel'' means a recreational vessel 26 feet in length or longer-- (A) operated primarily for pleasure; or (B) leased, rented, or chartered to another for the latter's pleasure; (2) ``facilities for transient nontrailerable recreational vessels'' includes mooring buoys, day-docks, navigational aids, seasonal slips, safe harbors, or similar structures located on navigable waters, that are available to the general public (as determined by the Secretary of the Interior) and designed for temporary use by nontrailerable recreational vessels; and (3) ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Commonwealth of the Northern Mariana Islands. SEC. 7405. BOAT SAFETY FUNDS. (a) Availability of Allocations.--Section 13104(a) of title 46, United States Code, is amended-- (1) in paragraph (1), by striking ``3 years'' and inserting ``2 years''; and (2) in paragraph (2), by striking ``3-year'' and inserting ``2-year''. (b) Expenditures.--Section 13106 of title 46, United States Code, is amended-- (1) by striking the first sentence of subsection (a)(1) and inserting the following: ``Subject to paragraph (2) and subsection (c), the Secretary shall expend in each fiscal year for State recreational boating safety programs, under contracts with States under this chapter, an amount equal to the sum of (A) the amount appropriated from the Boat Safety Account for that fiscal year and (B) the amount transferred to the Secretary under section 4(b) of the Act of August 9, 1950 (16 U.S.C. 777c(b)).''; (2) in subsection (a)(2), by striking ``appropriated'' and inserting ``available''; and (3) by striking subsection (c) and inserting the following: ``(c) Of the amount transferred for each fiscal year to the Secretary of Transportation under paragraphs (2) and (3) of section 4(b) of the Act of August 9, 1950 (16 U.S.C. 777c(b)), $5,000,000 is available to the Secretary for payment of expenses of the Coast Guard for personnel and activities directly related to coordinating and carrying out the national recreational boating safety program under this title, of which $2,000,000 shall be available to the Secretary only to ensure compliance with chapter 43 of this title. No funds available to the Secretary under this subsection may be used to replace funding traditionally provided through general appropriations, nor for any purposes except those purposes authorized by this section. Amounts made available by this subsection shall remain available until expended. The Secretary <<NOTE: Federal Register, publication.>> shall publish annually in the Federal Register a detailed accounting of the projects, programs, and activities funded under this subsection.''. (c) Conforming Amendments.-- (1) The heading for section 13106 of title 46, United States Code, is amended to read as follows: ``Sec. 13106. Authorization of appropriations''. (2) The chapter analysis for chapter 131 of title 46, United States Code, is amended by striking the item relating to section 13106 and inserting the following: ``13106. Authorization of appropriations.''.