Contents

• Background
• Trust Fund Income
• Trust Fund Expenditures
• Legislative Issues

Summary

An Aquatic Resources Trust Fund, with two accounts—a Sport Fish Restoration Account and a Boat Safety Account—was created in 1984 and subsequently amended to support a variety of programs administered by three federal agencies, including wetlands management, recreational vessel docking and sewage disposal infrastructure, and aquatic resource education. In 2005, the Boat Safety Account was terminated and remaining programs were consolidated into a renamed Sport Fish Restoration and Boating Trust Fund. This report details sources of funding for this trust fund and summarizes the various programs and activities receiving funding.

The five sources of income to the Sport Fish Restoration and Boating Trust Fund are (1) the portion of federal fuel taxes attributable to motorboat fuel from the Highway Trust Fund; (2) annual tax receipts attributable to small engine fuel used for outdoor power equipment from the Highway Trust Fund; (3) annual receipts from a manufacturers' excise tax on sport fishing equipment; (4) annual receipts from import duties on fishing tackle and on yachts and pleasure craft; and (5) interest on funds invested prior to disbursal. Total FY2012 income from these five sources is estimated to be about $760 million.

The eight efforts funded from the Sport Fish Restoration and Boating Trust Fund are (1) three coastal wetlands conservation and restoration programs; (2) recreational boating safety; (3) construction of sewage pump-out and dump stations for recreational vessel sewage disposal; (4) construction of docking facilities for large transient recreational vessels; (5) national aquatic resource outreach and communications; (6) multi-state conservation grants; (7) interstate fishery commissions and the Sport Fishing and Boating Partnership Council; and (8) state grants for sport fish restoration projects.

Some proposals under discussion by Congress for reauthorizing federal surface transportation programs include an increase (possibly more than doubling) of the 18.4 cents-per-gallon federal fuel tax to better fund highway infrastructure programs through the Highway Trust Fund. (Authorization of appropriations for federal surface transportation programs would have terminated at the end of FY2009, but has received several short-term extensions, most recently by provisions in P.L. 112-102, which extended the authorizations through June 30, 2012.) The 112^th Congress may decide whether the Sport Fish Restoration and Boating Trust Fund receives substantial benefits (possibly exceeding an additional $350 million annually) if the federal fuel tax is increased. A corollary set of questions focuses on whether, and if so how, the various programs supported by the Sport Fish Restoration and Boating Trust Fund might be modified to expend increased receipts, should a federal fuel tax increase be enacted.

Background

The Aquatic Resources Trust Fund (26 U.S.C. §9504) was established in 1984 by P.L. 98-369 (Div. A, Title X), commonly referred to as the Wallop-Breaux Amendment to the Federal Aid in Sport Fish Restoration program.¹ This trust fund was composed of two accounts—the Sport Fish Restoration Account and the Boat Safety Account. Subsequent to its creation, this trust fund has been amended to provide support to a variety of additional programs. In 2005, Title X of P.L. 109-59 changed the name of the Aquatic Resources Trust Fund to the Sport Fish Restoration and Boating Trust Fund, terminated the Boat Safety Account, reauthorized program funding through FY2009, and changed how funds are allocated among most of the supported programs. This report details the sources of funding for the trust fund, and summarizes how various programs and activities receive funding.

Trust Fund Income

The Sport Fish Restoration and Boating Trust Fund receives income from five sources (Figure 1).

Figure 1. Trust Fund Income (estimated FY2012 receipts, $ in millions)

Source: U.S. Fish and Wildlife Service data.

(1) As a permanent appropriation, the account receives, from the Highway Trust Fund, motorboat fuel taxes² in excess of the $1 million annually allocated to the Land and Water Conservation Fund (26 U.S.C. §9503(c)(3)(B)). In recent years, annual income from this source has exceeded $350 million; for FY2012, income from this source is estimated to be about $421 million.

(2) The account receives, from the Highway Trust Fund, the annual tax receipts attributable to small engine fuel used for outdoor power equipment (26 U.S.C. §9503(c)(4)). This transfer of funds is authorized through June 30, 2012 (26 U.S.C. §9503(c)(4)(A)). In recent years, annual income from this source has been around $100 million; for FY2012, income from this source is projected to be about $112 million.

(3) The account receives the annual receipts from a manufacturers' excise tax on sport fishing equipment (26 U.S.C. §4161(a)). This is a permanent annual appropriation to the Sport Fish Restoration and Boating Trust Fund (26 U.S.C. §9504(b)(1)(A)). In recent years, annual income from this source has been approximately $100 million; for FY2012, income from this source is estimated to be about $103 million.

(4) The account receives the annual receipts from import duties on fishing tackle under heading 9507 of the Harmonized Tariff Schedule of the United States (19 U.S.C. §1202) and on yachts and pleasure craft under chapter 89 of the Harmonized Tariff Schedule of the United States. This is a permanent annual appropriation to the Sport Fish Restoration and Boating Trust Fund (26 U.S.C. §9504(b)(1)(B)). In recent years, annual income from this source has been around $40 million; for FY2012, income from this source is projected to be about $38 million.

(5) This account receives interest on funds invested prior to disbursal (26 U.S.C. §9602(b)). In recent years, annual income from this source has been approximately $70 million; for FY2012, income from this source is estimated to be about $86 million. Income from this source can fluctuate widely, depending upon interest rates.

Trust Fund Expenditures

Income received in any fiscal year is allocated to programs in the following fiscal year. Thus, the approximately $626 million in FY2011 receipts to this trust fund are available for distribution in FY2012. Eight separate programs are funded (Figure 2), as follows.

(1) The Coastal Wetlands Planning, Protection and Restoration Act (Title III of P.L. 101-646) amended the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. §777c(a)(1)) to authorize an allocation of 18% of the Sport Fish Restoration Account for coastal wetlands programs. In 2005, this percentage allocation was increased to 18.5% by Title X of P.L. 109-59; the current authorization for this allocation extends through June 30, 2012. Of this total amount provided from the Sport Fish Restoration and Boating Trust Fund (estimated to be about $110.4 million for FY2012), 15% is provided for the National Coastal Wetlands Conservation Grants Program³ (nearly $20 million annually; for FY2012, about $16.6 million is estimated to be available for distribution through this program); 70% is provided for the Corps of Engineers Louisiana Coastal Wetlands Restoration Program⁴ (almost $90 million annually; for FY2012, a total of about $77.3 million is estimated to be available for transfer to the Corps for this program); and 15% is provided for the North American Wetlands Conservation Fund⁵ (nearly $20 million annually; for FY2012, a total of about $16.6 million is estimated to be available for distribution from this fund). Appropriations are authorized for these programs through FY2019 (§114(b), Division C, Title I of P.L. 108-447).

Figure 2. Trust Fund Expenditures (estimated FY2012, $ in millions)

Source: U.S. Fish and Wildlife Service data; excludes almost $26 million in administrative expenses.

(2) A boating safety program, administered by the U.S. Coast Guard's Office of Boating Safety, is funded by 18.5% of annual receipts from the Sport Fish Restoration and Boating Trust Fund; the current authorization for this allocation extends through June 30, 2012. For FY2012, a total of about $110.4 million is estimated to be available to this program. Using these funds, the Coast Guard provides grants to states and nonprofit organizations for the development and implementation of a coordinated national recreational boating safety program.⁶ In FY2011, about $108.7 million was distributed to individual states through the State Recreational Boating Safety Program.

(3) The Clean Vessel Act of 1992 (Title V, Subtitle F of P.L. 102-587) authorizes a competitive grant program for states to construct pump-out and dump stations to dispose of vessel sewage from recreational boaters.⁷ This program annually receives 2% of the annual receipts to the Sport Fish Restoration and Boating Trust Fund; the current authorization for this allocation extends through June 30, 2012. Annual state grants total more than $10 million under this program; in FY2011, a total of about $11.7 million was distributed to states through this program.⁸

(4) Section 7404(d) of the Transportation Equity Act (TEA-21; P.L. 105-178) authorizes a competitive grant program that provides matching funds to states to install or upgrade docking facilities for transient recreational boats 26 feet or more in length.⁹ This program, known as the Boating Infrastructure Grant Program,¹⁰ annually receives 2% of the annual receipts to the Sport Fish Restoration and Boating Trust Fund; the current authorization for this allocation extends through June 30, 2012. Annual state grants have totaled more than $10 million; in FY2011, a total of $13.5 million was distributed to states through the program.¹¹

(5) A National Outreach and Communications Program annually receives 2% of the annual receipts to the Sport Fish Restoration and Boating Trust Fund; the current authorization for this allocation (16 U.S.C. §777c(a)) extends through June 30, 2012. The Recreational Boating and Fishing Foundation,¹² a tax-exempt corporation, was established in 1998 to carry out this program to increase participation in recreational boating and fishing and to encourage greater public involvement in aquatic stewardship as mandated in the Sportfishing and Boating Safety Act of 1998 (Title VII, Subtitle D of P.L. 105-178). This program provides grants to improve communication with anglers, boaters, and the general public and to reduce barriers to participating in these activities.¹³ Annually, more than $10 million has been available for this program; in FY2012, an estimated $11.9 million is to be available.

(6) The Wildlife and Sport Fish Restoration Program Improvement Act of 2000 (P.L. 106-408) authorized a Multi-State Conservation Grant Program.¹⁴ From the Sport Fish Restoration and Boating Trust Fund, the Secretary of the Interior receives as much as $3 million annually for this program (16 U.S.C. §777m(a)), with the maximum $3 million estimated as available in FY2012.

(7) In addition, 16 U.S.C. §777m(e) provides $200,000 annually to four Interstate Fishery Commissions as well as $400,000 annually to the Sport Fishing and Boating Partnership Council.¹⁵ No stipulations restrict the use of these funds. For FY2012, a total of $1.2 million will be available under this authority.

(8) After the previous seven programs are funded, the Sport Fish Restoration Program (16 U.S.C. §§777 et seq.), administered by the Fish and Wildlife Service's Division of Federal Aid, receives the balance of the Sport Fish Restoration and Boating Trust Fund receipts to grant state agencies funding, based on a formula. Sixty percent of each state's share is based on the number of licensed anglers (fishermen) in the state, and 40% on its land and water area. No state receives more than 5% or less than 1% of each year's total apportionment. Puerto Rico receives 1%, and the Virgin Islands, Guam, American Samoa, Northern Mariana Islands, and the District of Columbia each receive one-third of 1%. Currently, around $400 million is allocated to states annually through this program; in FY2012, a total of $340.1 million is estimated to be available for distribution to states through the program.¹⁶ State projects funded by this program can include land acquisition, development (including boating access sites), research, operations and maintenance, sport fish population management, and program coordination. Prohibited activities are law enforcement and public relations.¹⁷ To qualify for the funds, states must certify the number of licensed anglers in their state, agree not to utilize their sport fish license funds for purposes other than administration of their fish and game department, and provide a 75% match for most projects.

Authorized administrative expenses for management of the Sport Fish Restoration and Boating Trust Fund by the Fish and Wildlife Service are identified in 16 U.S.C. Section 777h. In recent years, annual administrative expenses have been about $10 million; for FY2012, administrative expenses are estimated to be almost $10.3 million. A maximum annual limitation on funding for administrative expenses is specified in 16 U.S.C. 777c(b). In addition, Coast Guard administrative expenses for the Boating Safety Program in FY2012 are estimated to be about $15 million.

Since FY1998 and prior to P.L. 109-59, no funds had been appropriated from the Boat Safety Account for the state recreational boating safety grant program. In accordance with Section 10119 of P.L. 109-59, the Boat Safety Account was terminated and, through FY2010, certain program expenditures from the Sport Fish Restoration and Boating Trust Fund were bolstered by the spend-down of the accumulated assets in the Boating Safety Account.

Legislative Issues

Some of the proposals under discussion for reauthorizing federal surface transportation programs include an increase (possibly more than doubling) of the 18.4 cents per gallon federal fuel tax to better fund highway infrastructure programs through the Highway Trust Fund.¹⁸ The 112^th Congress may decide whether the Sport Fish Restoration and Boating Trust Fund would receive substantial benefits (possibly exceeding an additional $350 million annually) from an increase in the federal fuel tax. A corollary set of questions focuses on whether, and if so how, the various programs supported by the Sport Fish Restoration and Boating Trust Fund might be modified to expend increased receipts, should a federal fuel tax increase be enacted

Fund allocations under the Sport Fish Restoration and Boating Safety Trust Fund are scheduled to expire on June 30, 2012, since the 112^th Congress has not yet enacted any comprehensive transportation and highway reauthorization legislation.

Eight bills would amend provisions relating to sport fish restoration and recreational boating safety, and extend the authorizations for transfer of these funds through the end of FY2012 (Sections 123(b) and 142(b) of H.R. 4348); through FY2013 (S. 1786, §101(b) of S. 2132, and §36002 and §40101(b) of H.R. 14/S. 1813, as passed by the Senate (amended) on March 14, 2012); through FY2016 (Title XI of H.R. 7 and §2(b) of H.R. 3864); or through FY2017 (S. 1657). On January 30, 2012, the Senate Committee on Commerce, Science, and Transportation reported S. 1657 (S.Rept. 112-141); on February 9, 2012, the House Committee on Ways and Means reported H.R. 3864 (H.Rept. 112-396, Part I); on February 13, 2012, the House Committee on Transportation and Infrastructure reported (amended) H.R. 7 (H.Rept. 112-397); and on February 27, 2012, the Senate Committee on Finance reported S. 2132 (S.Rept. 112-152). On April 18, 2012, the House passed H.R. 4348 (amended); on April 24, 2012, the Senate passed H.R. 4348, after amending this bill to substitute the language of the Senate-passed S. 1813.

Also in the 112^th Congress, Section 9(b)(2)(D) of S. 351 and Section 13(2)(D) of S. 352 propose to make a portion of adjusted bonus, rental, and royalty revenues from certain federal oil and gas leasing and operations in Alaska available for federal sport fish restoration grants.

Acknowledgments

Retired CRS specialist [author name scrubbed] made important contributions to this report.

Footnotes