
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 26USC9505]

 
                     TITLE 26--INTERNAL REVENUE CODE
 
                       Subtitle I--Trust Fund Code
 
                       CHAPTER 98--TRUST FUND CODE
 
               Subchapter A--Establishment of Trust Funds
 
Sec. 9505. Harbor Maintenance Trust Fund


(a) Creation of Trust Fund

    There is hereby established in the Treasury of the United States a 
trust fund to be known as the ``Harbor Maintenance Trust Fund'', 
consisting of such amounts as may be--
        (1) appropriated to the Harbor Maintenance Trust Fund as 
    provided in this section,
        (2) transferred to the Harbor Maintenance Trust Fund by the 
    Saint Lawrence Seaway Development Corporation pursuant to section 
    13(a) of the Act of May 13, 1954, or
        (3) credited to the Harbor Maintenance Trust Fund as provided in 
    section 9602(b).

(b) Transfer to Harbor Maintenance Trust Fund of amounts equivalent to 
        certain taxes

    There are hereby appropriated to the Harbor Maintenance Trust Fund 
amounts equivalent to the taxes received in the Treasury under section 
4461 (relating to harbor maintenance tax).

(c) Expenditures from Harbor Maintenance Trust Fund

    Amounts in the Harbor Maintenance Trust Fund shall be available, as 
provided by appropriation Acts, for making expenditures--
        (1) to carry out section 210 of the Water Resources Development 
    Act of 1986 (as in effect on the date of the enactment of the Water 
    Resources Development Act of 1996),
        (2) for payments of rebates of tolls or charges pursuant to 
    section 13(b) of the Act of May 13, 1954 (as in effect on April 1, 
    1987), and
        (3) for the payment of all expenses of administration incurred 
    by the Department of the Treasury, the Army Corps of Engineers, and 
    the Department of Commerce related to the administration of 
    subchapter A of chapter 36 (relating to harbor maintenance tax), but 
    not in excess of $5,000,000 for any fiscal year.

(Added Pub. L. 99-662, title XIV, Sec. 1403(a), Nov. 17, 1986, 100 Stat. 
4269; amended Pub. L. 103-182, title VI, Sec. 683(a), Dec. 8, 1993, 107 
Stat. 2218; Pub. L. 104-303, title VI, Sec. 601, Oct. 12, 1996, 110 
Stat. 3792.)

                       References in Text

    Section 13 of the Act of May 13, 1954, referred to in subsecs. 
(a)(2) and (c)(2), is classified to section 988a of Title 33, Navigation 
and Navigable Waters.
    Section 210 of the Water Resources Development Act of 1986 (as in 
effect on the date of the enactment of the Water Resources Development 
Act of 1996), referred to in subsec. (c)(1), is classified to section 
2238 of Title 33, Navigation and Navigable Waters. The date of the 
enactment of the Water Resources Development Act of 1996 is the date of 
enactment of Pub. L. 104-303, which was approved Oct. 12, 1996.


                               Amendments

    1996--Subsec. (c)(1). Pub. L. 104-303 amended par. (1) generally. 
Prior to amendment, par. (1) read as follows: ``to carry out section 
210(a) of the Water Resources Development Act of 1986 (as in effect on 
the date of enactment of this section),''.
    1993--Subsec. (c)(3). Pub. L. 103-182 amended par. (3) generally. 
Prior to amendment, par. (3) read as follows: ``for the payment of all 
expenses of administration incurred--
        ``(A) by the Department of the Treasury in administering 
    subchapter A of chapter 36 (relating to harbor maintenance tax), but 
    not in excess of $5,000,000 for any fiscal year, and
        ``(B) for periods during which no fee applies under paragraph 
    (9) or (10) of section 13031(a) of the Consolidated Omnibus Budget 
    Reconciliation Act of 1985.''


                    Effective Date of 1993 Amendment

    Section 683(b) of Pub. L. 103-182 provided that: ``The amendment 
made by subsection (a) [amending this section] shall apply to fiscal 
years beginning after the date of the enactment of this Act [Dec. 8, 
1993].''


                             Effective Date

    Section 1403(d) of Pub. L. 99-662 provided that: ``The amendments 
made by this section [enacting this section] shall take effect on April 
1, 1987.''


         Harbor Maintenance Trust Fund Deposits and Expenditures

    Pub. L. 102-580, title III, Sec. 330, Oct. 31, 1992, 106 Stat. 4851, 
provided that:
    ``(a) Report.--Not later than March 1, 1993, and annually 
thereafter, the President shall transmit to the Committee on Public 
Works and Transportation [now Committee on Transportation and 
Infrastructure] of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a report on expenditures from 
and deposits into the Harbor Maintenance Trust Fund.
    ``(b) Contents.--
        ``(1) In general.--Each report to be transmitted under 
    subsection (a) shall contain the following:
            ``(A) A description of expenditures made from the trust fund 
        in the previous fiscal year on a project-by-project basis.
            ``(B) A description of deposits made into the trust fund in 
        the previous fiscal year and the sources of such deposits.
            ``(C) A 5-year projection of expenditures from and deposits 
        into the trust fund.
        ``(2) Previous years information.--In addition to information 
    required under paragraph (1), the initial report to be transmitted 
    under subsection (a) shall contain the information described in 
    subparagraphs (A) and (B) of paragraph (1) for fiscal years 1987 
    through 1992.''

                  Section Referred to in Other Sections

    This section is referred to in title 33 sections 984, 2238.
