26 USC 9508 - Leaking Underground Storage Tank Trust Fund

U.S Code last checked for updates: May 05, 2024

§ 9508.

Leaking Underground Storage Tank Trust Fund

(a)

Creation of Trust Fund

(b)

Transfers to Trust Fund

There are hereby appropriated to the Leaking Underground Storage Tank Trust Fund amounts equivalent to—

(1)

taxes received in the Treasury under section 4041(d) (relating to additional taxes on motor fuels),

(2)

taxes received in the Treasury under section 4081 (relating to tax on gasoline, diesel fuel, and kerosene) to the extent attributable to the Leaking Underground Storage Tank Trust Fund financing rate under such section,

(3)

taxes received in the Treasury under section 4042 (relating to tax on fuel used in commercial transportation on inland waterways) to the extent attributable to the Leaking Underground Storage Tank Trust Fund financing rate under such section, and

(4)

amounts received in the Treasury and collected under section 9003(h)(6) of the Solid Waste Disposal Act.

For purposes of this subsection, there shall not be taken into account the taxes imposed by sections 4041 and 4081 on diesel fuel sold for use or used as fuel in a diesel-powered boat.

(c)

Expenditures

(1)

In general

(2)

Transfer to Highway Trust Fund

(3)

Additional transfer to Highway Trust Fund

(4)

Additional transfer to Highway Trust Fund

Out of amounts in the Leaking Underground Storage Tank Trust Fund there is hereby appropriated—

(A)

on the date of the enactment of the FAST Act, $100,000,000,

(B)

on October 1, 2016, $100,000,000, and

(C)

on October 1, 2017, $100,000,000,

to be transferred under section 9503(f)(9) to the Highway Account (as defined in section 9503(e)(5)(B)) in the Highway Trust Fund.

(d)

Liability of the United States limited to amount in Trust Fund

(1)

General rule

(2)

Coordination with other provisions

(3)

Order in which unpaid claims are to be paid

(e)

Limitation on transfers to Leaking Underground Storage Tank Trust Fund

(1)

In general

Except as provided in paragraph (2), no amount may be appropriated to the Leaking Underground Storage Tank Trust Fund on and after the date of any expenditure from the Leaking Underground Storage Tank Trust Fund which is not permitted by this section. The determination of whether an expenditure is so permitted shall be made without regard to—

(A)

any provision of law which is not contained or referenced in this title or in a revenue Act, and

(B)

whether such provision of law is a subsequently enacted provision or directly or indirectly seeks to waive the application of this paragraph.

(2)

Exception for prior obligations

(Added Pub. L. 99–499, title V, § 522(a), Oct. 17, 1986, 100 Stat. 1780; amended Pub. L. 100–203, title X, § 10502(d)(16), (17), Dec. 22, 1987, 101 Stat. 1330–445; Pub. L. 101–239, title VII, § 7822(b)(7), Dec. 19, 1989, 103 Stat. 2425; Pub. L. 103–66, title XIII, §§ 13163(c), 13242(d)(42), Aug. 10, 1993, 107 Stat. 454, 528; Pub. L. 105–34, title X, § 1032(e)(13), Aug. 5, 1997, 111 Stat. 935; Pub. L. 108–357, title VIII, § 853(d)(2)(P), (Q), Oct. 22, 2004, 118 Stat. 1614; Pub. L. 109–58, title XIII, § 1362(c), Aug. 8, 2005, 119 Stat. 1059; Pub. L. 109–59, title XI, § 11147(a), Aug. 10, 2005, 119 Stat. 1967; Pub. L. 109–432, div. A, title II, § 210(a), Dec. 20, 2006, 120 Stat. 2947; Pub. L. 109–433, § 1(a), Dec. 20, 2006, 120 Stat. 3196; Pub. L. 112–30, title I, § 141(c), Sept. 16, 2011, 125 Stat. 355; Pub. L. 112–102, title IV, § 401(c), Mar. 30, 2012, 126 Stat. 281; Pub. L. 112–140, title IV, § 401(c), June 29, 2012, 126 Stat. 402; Pub. L. 112–141, div. D, title I, § 40101(c), title II, § 40201(a), July 6, 2012, 126 Stat. 844, 846; Pub. L. 113–159, title II, §§ 2001(c), 2002(b), Aug. 8, 2014, 128 Stat. 1848; Pub. L. 114–21, title II, § 2001(c), May 29, 2015, 129 Stat. 226; Pub. L. 114–41, title II, § 2001(c), July 31, 2015, 129 Stat. 454; Pub. L. 114–73, title II, § 2001(c), Oct. 29, 2015, 129 Stat. 583; Pub. L. 114–87, title II, § 2001(c), Nov. 20, 2015, 129 Stat. 685; Pub. L. 114–94, div. C, title XXXI, §§ 31101(c), 31203, Dec. 4, 2015, 129 Stat. 1727, 1729; Pub. L. 115–141, div. U, title IV, § 401(a)(342), Mar. 23, 2018, 132 Stat. 1200; Pub. L. 116–159, div. B, title II, § 1203, Oct. 1, 2020, 134 Stat. 727; Pub. L. 117–44, title II, § 201(c), Oct. 2, 2021, 135 Stat. 386; Pub. L. 117–52, § 4(c), Oct. 31, 2021, 135 Stat. 410; Pub. L. 117–58, div. H, title I, § 80101(c), Nov. 15, 2021, 135 Stat. 1327.)

cite as: 26 USC 9508