
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: 26USC9508]

 
                     TITLE 26--INTERNAL REVENUE CODE
 
                       Subtitle I--Trust Fund Code
 
                       CHAPTER 98--TRUST FUND CODE
 
               Subchapter A--Establishment of Trust Funds
 
Sec. 9508. Leaking Underground Storage Tank Trust Fund


(a) Creation of Trust Fund

    There is established in the Treasury of the United States a trust 
fund to be known as the ``Leaking Underground Storage Tank Trust Fund'', 
consisting of such amounts as may be appropriated or credited to such 
Trust Fund as provided in this section or section 9602(b).

(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 4091 (relating 
    to tax on aviation fuel) to the extent attributable to the Leaking 
    Underground Storage Tank Trust Fund financing rate under such 
    section,
        (4) 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
        (5) 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

        Except as provided in paragraph (2), amounts in the Leaking 
    Underground Storage Tank Trust Fund shall be available, as provided 
    in appropriation Acts, only for purposes of making expenditures to 
    carry out section 9003(h) of the Solid Waste Disposal Act as in 
    effect on the date of the enactment of the Superfund Amendments and 
    Reauthorization Act of 1986.

      (2) Transfers from Trust Fund for certain repayments and 
                                   credits

        (A) In general

            The Secretary shall pay from time to time from the Leaking 
        Underground Storage Tank Trust Fund into the general fund of the 
        Treasury amounts equivalent to--
                (i) amounts paid under--
                    (I) section 6420 (relating to amounts paid in 
                respect of gasoline used on farms),
                    (II) section 6421 (relating to amounts paid in 
                respect of gasoline used for certain nonhighway purposes 
                or by local transit systems), and
                    (III) section 6427 (relating to fuels not used for 
                taxable purposes), and

                (ii) credits allowed under section 34,

        with respect to the taxes imposed by section 4041(d) or by 
        sections 4081 and 4091 (to the extent attributable to the 
        Leaking Underground Storage Tank Trust Fund financing rate under 
        such sections).

        (B) Transfers based on estimates

            Transfers under subparagraph (A) shall be made on the basis 
        of estimates by the Secretary, and proper adjustments shall be 
        made in amounts subsequently transferred to the extent prior 
        estimates were in excess of or less than the amounts required to 
        be transferred.

(d) Liability of the United States limited to amount in Trust Fund

                          (1) General rule

        Any claim filed against the Leaking Underground Storage Tank 
    Trust Fund may be paid only out of such Trust Fund.

               (2) Coordination with other provisions

        Nothing in the Comprehensive Environmental Response, 
    Compensation, and Liability Act of 1980 or the Superfund Amendments 
    and Reauthorization Act of 1986 (or in any amendment made by either 
    of such Acts) shall authorize the payment by the United States 
    Government of any amount with respect to any such claim out of any 
    source other than the Leaking Underground Storage Tank Trust Fund.

           (3) Order in which unpaid claims are to be paid

        If at any time the Leaking Underground Storage Tank Trust Fund 
    has insufficient funds to pay all of the claims out of such Trust 
    Fund at such time, such claims shall, to the extent permitted under 
    paragraph (1), be paid in full in the order in which they were 
    finally determined.

(Added Pub. L. 99-499, title V, Sec. 522(a), Oct. 17, 1986, 100 Stat. 
1780; amended Pub. L. 100-203, title X, Sec. 10502(d)(16), (17), Dec. 
22, 1987, 101 Stat. 1330-445; Pub. L. 101-239, title VII, 
Sec. 7822(b)(7), Dec. 19, 1989, 103 Stat. 2425; Pub. L. 103-66, title 
XIII, Secs. 13163(c), 13242(d)(42), Aug. 10, 1993, 107 Stat. 454, 528; 
Pub. L. 105-34, title X, Sec. 1032(e)(13), Aug. 5, 1997, 111 Stat. 935.)

                       References in Text

    Section 9003(h) and (h)(6) of the Solid Waste Disposal Act, referred 
to in subsecs. (b)(4) and (c)(1), is classified to section 6991b(h) and 
(h)(6) of Title 42, The Public Health and Welfare.
    The date of the enactment of the Superfund Amendments and 
Reauthorization Act of 1986, referred to in subsec. (c)(1), is the date 
of enactment of Pub. L. 99-499, which was approved Oct. 17, 1986.
    The Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, referred to in subsec. (d)(2), is Pub. L. 96-510, 
Dec. 11, 1980, 94 Stat. 2767, as amended, which is classified 
principally to chapter 103 (Sec. 9601 et seq.) of Title 42, The Public 
Health and Welfare. For complete classification of this Act to the Code, 
see Short Title note set out under section 9601 of Title 42 and Tables.
    The Superfund Amendments and Reauthorization Act of 1986, referred 
to in subsec. (d)(2), is Pub. L. 99-499, Oct. 17, 1986, 100 Stat. 1613. 
For complete classification of this Act to the Code, see Short Title of 
1986 Amendment note set out under section 9601 of Title 42 and Tables.


                               Amendments

    1997--Subsec. (b)(2). Pub. L. 105-34 substituted ``, diesel fuel, 
and kerosene'' for ``and diesel fuel''.
    1993--Subsec. (b). Pub. L. 103-66, Sec. 13242(d)(42)(C), which 
directed the substitution of ``4081'' for ``4091'' in last sentence, 
could not be executed because last sentence did not contain a reference 
to ``4091''.
    Pub. L. 103-66, Sec. 13163(c), inserted at end ``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.''
    Subsec. (b)(2). Pub. L. 103-66, Sec. 13242(d)(42)(A), inserted ``and 
diesel fuel'' after ``gasoline''.
    Subsec. (b)(3). Pub. L. 103-66, Sec. 13242(d)(42)(B), struck out 
``diesel fuel and'' before ``aviation fuel''.
    1989--Subsecs. (b)(3), (c)(2)(A). Pub. L. 101-239 substituted 
``Storage Tank Trust Fund financing'' for ``Storage Trust Fund 
financing''.
    1987--Subsec. (b)(3) to (5). Pub. L. 100-203, Sec. 10502(d)(16), 
added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), 
respectively.
    Subsec. (c)(2)(A). Pub. L. 100-203, Sec. 10502(d)(17), added cl. 
(ii) and closing provisions, and struck out former cl. (ii) which read 
as follows: ``credits allowed under section 34, with respect to the 
taxes imposed by sections 4041(d) and 4081 (to the extent attributable 
to the Leaking Underground Storage Tank Trust Fund financing rate under 
section 4081).''


                    Effective Date of 1997 Amendment

    Amendment by Pub. L. 105-34 effective July 1, 1998, see section 
1032(f)(1) of Pub. L. 105-34, as amended, set out as a note under 
section 4041 of this title.


                    Effective Date of 1993 Amendment

    Amendment by Pub. L. 103-66 effective Jan. 1, 1994, see sections 
13163(d) and 13242(e) of Pub. L. 103-66, set out as notes under section 
4041 of this title.


                    Effective Date of 1989 Amendment

    Amendment by Pub. L. 101-239 effective as if included in the 
provision of the Revenue Act of 1987, Pub. L. 100-203, title X, to which 
such amendment relates, see section 7823 of Pub. L. 101-239, set out as 
a note under section 26 of this title.


                    Effective Date of 1987 Amendment

    Amendment by section 10502(d)(16) of Pub. L. 100-203 applicable to 
sales after Mar. 31, 1988, see section 10502(e) of Pub. L. 100-203, set 
out as a note under section 40 of this title.
    Amendment by section 10502(d)(17) of Pub. L. 100-203 treated as if 
included in the amendments made by section 521 of the Superfund Revenue 
Act of 1986 [Pub. L. 99-499, title V, see Effective Date of 1986 
Amendment note set out under section 4041 of this title], except that 
reference to section 4091 of this title in subsec. (c)(2)(A) of this 
section not applicable to sales before Apr. 1, 1988, see section 
2001(d)(1)(A) of Pub. L. 100-647, set out as a note under section 4041 
of this title.


                             Effective Date

    Section 522(c) of Pub. L. 99-499 provided that: ``The amendments 
made by this section [enacting this section] shall take effect on 
January 1, 1987.''
