
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 106-408 Section 126]
[CITE: 26USC9504]

 
                     TITLE 26--INTERNAL REVENUE CODE
 
                       Subtitle I--Trust Fund Code
 
                       CHAPTER 98--TRUST FUND CODE
 
               Subchapter A--Establishment of Trust Funds
 
Sec. 9504. Aquatic Resources Trust Fund


(a) Creation of Trust Fund

                           (1) In general

        There is hereby established in the Treasury of the United States 
    a trust fund to be known as the ``Aquatic Resources Trust Fund''.

                     (2) Accounts in Trust Fund

        The Aquatic Resources Trust Fund shall consist of--
            (A) a Sport Fish Restoration Account, and
            (B) a Boat Safety Account.

    Each such Account shall consist of such amounts as may be 
    appropriated, credited, or paid to it as provided in this section, 
    section 9503(c)(4), section 9503(c)(5), or section 9602(b).

(b) Sport Fish Restoration Account

              (1) Transfer of certain taxes to Account

        There is hereby appropriated to the Sport Fish Restoration 
    Account amounts equivalent to the following amounts received in the 
    Treasury on or after October 1, 1984--
            (A) the taxes imposed by section 4161(a) (relating to sport 
        fishing equipment), and
            (B) the import duties imposed 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.

                    (2) Expenditures from Account

        Amounts in the Sport Fish Restoration Account shall be 
    available, as provided by appropriation Acts, for making 
    expenditures--
            (A) to carry out the purposes 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 in effect on the date of the 
        enactment of the Wildlife and Sport Fish Restoration Programs 
        Improvement Act of 2000),
            (B) to carry out the purposes of section 7404(d) of the 
        Transportation Equity Act for the 21st Century (as in effect on 
        the date of the enactment of the TEA 21 Restoration Act), and
            (C) to carry out the purposes of the Coastal Wetlands 
        Planning, Protection and Restoration Act (as in effect on the 
        date of the enactment of the TEA 21 Restoration Act).

    Amounts transferred to such account under section 9503(c)(5) may be 
    used only for making expenditures described in subparagraph (B) of 
    this paragraph.

(c) Expenditures from Boat Safety Account

    Amounts in the Boat Safety Account shall be available, as provided 
by appropriation Acts, for making expenditures before October 1, 2003, 
to carry out the purposes of section 13106 of title 46, United States 
Code (as in effect on the date of the enactment of the TEA 21 
Restoration Act).

(d) Limitation on transfers to Aquatic Resources Trust Fund

                           (1) In general

        Except as provided in paragraph (2), no amount may be 
    appropriated or paid to any Account in the Aquatic Resources Trust 
    Fund on and after the date of any expenditure from any such Account 
    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 subsection.

                 (2) Exception for prior obligations

        Paragraph (1) shall not apply to any expenditure to liquidate 
    any contract entered into (or for any amount otherwise obligated) 
    before October 1, 2003, in accordance with the provisions of this 
    section.

(e) Cross reference

            For provision transferring motorboat fuels taxes to Boat 
        Safety Account and Sport Fish Restoration Account, see section 
        9503(c)(4).

(Added Pub. L. 98-369, div. A, title X, Sec. 1016(a), July 18, 1984, 98 
Stat. 1019; amended Pub. L. 100-418, title I, Sec. 1214(p)(2), Aug. 23, 
1988, 102 Stat. 1159; Pub. L. 100-448, Sec. 6(a)(2), (c)(3), Sept. 28, 
1988, 102 Stat. 1839, 1841; Pub. L. 101-508, title XI, Sec. 11211(i)(2), 
(3), Nov. 5, 1990, 104 Stat. 1388-428; Pub. L. 102-240, title VIII, 
Sec. 8002(d)(2)(C), (i), Dec. 18, 1991, 105 Stat. 2204, 2205; Pub. L. 
105-130, Sec. 9(b), Dec. 1, 1997, 111 Stat. 2561; Pub. L. 105-178, title 
IX, Sec. 9005(b)-(d), (f), June 9, 1998, 112 Stat. 505; Pub. L. 105-206, 
title IX, Sec. 9015(b), July 22, 1998, 112 Stat. 867; Pub. L. 106-408, 
title I, Sec. 126, Nov. 1, 2000, 114 Stat. 1775.)

                       References in Text

    The Harmonized Tariff Schedule of the United States, referred to in 
subsec. (b)(1)(B), is not set out in the Code. See Publication of 
Harmonized Tariff Schedule note set out under section 1202 of Title 19, 
Customs Duties.
    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, referred to in subsec. 
(b)(2)(A), is act Aug. 9, 1950, ch. 658, 64 Stat. 430, as amended, known 
as the Dingell-Johnson Sport Fish Restoration Act, and also as the 
Federal Aid in Fish Restoration Act and the Fish Restoration and 
Management Projects Act, which is classified generally to chapter 10B 
(Sec. 777 et seq.) of Title 16, Conservation. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 777 of Title 16 and Tables.
    The date of the enactment of the Wildlife and Sport Fish Restoration 
Programs Improvement Act of 2000, referred to in subsec. (b)(2)(A), is 
the date of enactment of Pub. L. 106-408, title I, which was approved 
Nov. 1, 2000.
    The date of the enactment of the TEA 21 Restoration Act, referred to 
in subsecs. (b)(2)(B), (C), and (c), is the date of enactment of title 
IX of Pub. L. 105-206, which was approved July 22, 1998.
    Section 7404(d) of the Transportation Equity Act for the 21st 
Century, referred to in subsec. (b)(2)(B), is classified to section 
777g-1(d) of Title 16, Conservation.
    The Coastal Wetlands Planning, Protection and Restoration Act, 
referred to in subsec. (b)(2)(C), is title III of Pub. L. 101-646, Nov. 
29, 1990, 104 Stat. 4778, which is classified generally to chapter 59A 
(Sec. 3951 et seq.) of Title 16, Conservation. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 3951 of Title 16 and Tables.


                               Amendments

    2000--Subsec. (b)(2)(A). Pub. L. 106-408 substituted ``(as in effect 
on the date of the enactment of the Wildlife and Sport Fish Restoration 
Programs Improvement Act of 2000)'' for ``(as in effect on the date of 
the enactment of the TEA 21 Restoration Act)''.
    1998--Subsec. (b)(2)(A). Pub. L. 105-178, Sec. 9005(f)(1), as added 
by Pub. L. 105-206, Sec. 9015(b), substituted ``the date of the 
enactment of the TEA 21 Restoration Act'' for ``the date of the 
enactment of the Transportation Equity Act for the 21st Century''.
    Pub. L. 105-178, Sec. 9005(b)(1), substituted ``the date of the 
enactment of the Transportation Equity Act for the 21st Century),'' for 
``October 1, 1988), and''.
    Subsec. (b)(2)(B). Pub. L. 105-178, Sec. 9005(f)(2), as added by 
Pub. L. 105-206, Sec. 9015(b), substituted ``the TEA 21 Restoration 
Act'' for ``such Act''.
    Pub. L. 105-178, Sec. 9005(b)(3), added subpar. (B). Former subpar. 
(B) redesignated (C).
    Pub. L. 105-178, Sec. 9005(b)(2), substituted ``the date of the 
enactment of the Transportation Equity Act for the 21st Century'' for 
``November 29, 1990''.
    Subsec. (b)(2)(C). Pub. L. 105-178, Sec. 9005(f)(3), as added by 
Pub. L. 105-206, Sec. 9015(b), substituted ``the date of the enactment 
of the TEA 21 Restoration Act'' for ``the date of the enactment of the 
Transportation Equity Act for the 21st Century''.
    Pub. L. 105-178, Sec. 9005(b)(3), redesignated subpar. (B) as (C).
    Subsec. (c). Pub. L. 105-178, Sec. 9005(f)(4), as added by Pub. L. 
105-206, Sec. 9015(b), substituted ``the date of the enactment of the 
TEA 21 Restoration Act'' for ``the date of enactment of the 
Transportation Equity Act for the 21st Century''.
    Pub. L. 105-178, Sec. 9005(c), substituted ``2003'' for ``1998'' and 
``the date of enactment of the Transportation Equity Act for the 21st 
Century'' for ``October 1, 1988''.
    Subsecs. (d), (e). Pub. L. 105-178, Sec. 9005(d), added subsec. (d) 
and redesignated former subsec. (d) as (e).
    1997--Subsec. (c). Pub. L. 105-130 substituted ``October 1, 1998'' 
for ``April 1, 1998''.
    1991--Subsec. (b)(2)(B). Pub. L. 102-240, Sec. 8002(i), amended 
subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: 
``to carry out the purposes of any law which is substantially identical 
to S. 3252 of the 101st Congress, as introduced.''
    Subsec. (c). Pub. L. 102-240, Sec. 8002(d)(2)(C), substituted 
``1998'' for ``1994''.
    1990--Subsec. (a)(2). Pub. L. 101-508, Sec. 11211(i)(2), inserted 
reference to section 9503(c)(5) in last sentence.
    Subsec. (b)(2). Pub. L. 101-508, Sec. 11211(i)(3), amended par. (2) 
generally. Prior to amendment, par. (2) read as follows: ``Amounts in 
the Sport Fish Restoration Account shall be available, as provided by 
appropriation Acts, to carry out the purposes 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 in effect on October 1, 1988).''
    1988--Subsec. (b)(1)(B). Pub. L. 100-418 substituted ``heading 9507 
of the Harmonized Tariff Schedule of the United States'' for ``subpart B 
of part 5 of schedule 7 of the Tariff Schedules of the United States'' 
and ``chapter 89 of the Harmonized Tariff Schedule of the United 
States'' for ``subpart D of part 6 of schedule 6 of such Schedules''.
    Subsec. (b)(2). Pub. L. 100-448, Sec. 6(c)(3), substituted ``(as in 
effect on October 1, 1988)'' for ``(as in effect on June 1, 1984)''.
    Subsec. (c). Pub. L. 100-448, Sec. 6(a)(2), substituted provisions 
authorizing expenditures before Apr. 1, 1994, to carry out the purposes 
of section 13106 of title 46 as in effect on Oct. 1, 1988, for 
provisions which had authorized expenditures before Apr. 1, 1989, to 
carry out the purposes of that section as in effect on June 1, 1984.


                    Effective Date of 1998 Amendment

    Title IX of Pub. L. 105-206 effective simultaneously with enactment 
of Pub. L. 105-178 and to be treated as included in Pub. L. 105-178 at 
time of enactment, and provisions of Pub. L. 105-178, as in effect on 
day before July 22, 1998, that are amended by title IX of Pub. L. 105-
206 to be treated as not enacted, see section 9016 of Pub. L. 105-206, 
set out as a note under section 101 of Title 23, Highways.


                    Effective Date of 1997 Amendment

    Amendment by Pub. L. 105-130 effective Oct. 1, 1997, see section 
9(d) of Pub. L. 105-130, set out as a note under section 9503 of this 
title.


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-508 effective Dec. 1, 1990, see section 
11211(i)(4) of Pub. L. 101-508, set out as a note under section 9503 of 
this title.


                    Effective Date of 1988 Amendments

    Amendment by Pub. L. 100-448 effective Oct. 1, 1988, see section 
6(e) of Pub. L. 100-448, set out as a note under section 777 of Title 
16, Conservation.
    Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and applicable 
with respect to articles entered on or after such date, see section 
1217(b)(1) of Pub. L. 100-418, set out as an Effective Date note under 
section 3001 of Title 19, Customs Duties.


                             Effective Date

    Section 1016(e) of Pub. L. 98-369 provided that:
    ``(1) In general.--The amendments made by this section [enacting 
this section, amending section 9503 of this title, and repealing section 
13107 of Title 46, Shipping] shall take effect on October 1, 1984.
    ``(2) Boat safety account treated as continuation of national 
recreational boating safety and facilities improvement fund.--The Boat 
Safety Account in the Aquatic Resources Trust Fund established by the 
amendments made by this section shall be treated for all purposes of law 
as the continuation of the National Recreational Boating Safety and 
Facilities Improvement Fund established by section 13107 of title 46, 
United States Code. Any reference in any law to the National 
Recreational Boating Safety and Facilities Improvement Fund established 
by such section shall be deemed to include (wherever appropriate) a 
reference to such Boat Safety Account.''

                  Section Referred to in Other Sections

    This section is referred to in title 16 sections 777b, 777c, 1535; 
title 46 section 13102.
