Internal Revenue Code:Sec. 9508. Leaking Underground Storage Tank Trust Fund

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Location in Internal Revenue Code

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

Statute

    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 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- 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 sections 
      9003(h), 9003(i), 9003(j), 9004(f), 9005(c), 9010, 9011, 9012, 
      and 9013 of the Solid Waste Disposal Act as in effect on the 
      date of the enactment of the Public Law 109-168.
    (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.

    (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.--Paragraph (1) shall 
        not apply to any expenditure to liquidate any contract entered 
        into (or for any amount otherwise obligated) before October 1, 
        2011, in accordance with the provisions of this section.



 

Sources

    (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, Sec. 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

                             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.
 

Miscellaneous

                                 AMENDMENTS

2006 - Tax Relief and Health Care Act of 2006 (P.L. 109-432)
SEC. 210. EXPENDITURES PERMITTED FROM THE LEAKING UNDERGROUND STORAGE 
            TANK TRUST FUND.
    (a) In General.--Subsection (c) of section 9508 <<NOTE: 26 USC 
9508.>> is amended--
            (1) by striking ``section 9003(h)'' and inserting ``sections 
        9003(h), 9003(i), 9003(j), 9004(f), 9005(c), 9010, 9011, 9012, 
        and 9013'', and
            (2) by striking ``Superfund Amendments and Reauthorization 
        Act of 1986'' and inserting ``Public Law 109-168''.
    (b) Conforming Amendments.--Section 9014(2) of the Solid Waste 
Disposal Act <<NOTE: 42 USC 6991m.>> is amended by striking ``Fund, 
notwithstanding section 9508(c)(1) of the Internal Revenue Code of 
1986'' and inserting ``Fund''.

    2005 - Public Law 109-059 of 2005 amends section 9508 by adding the 
    following new paragraph at the end: "(e) Limitation on Transfers to 
    Leaking Underground Storage Tank Trust Fund."  Effective Date.--The 
    amendment made by this section shall take effect on the date of the
    enactment of this Act.

    2005 - Energy Policy Act of 2005, Sec.1362(c), amended Sec.9508(c).
    Effective Dates- IN GENERAL- the amendments made by this section shall
    take effect on October 1, 2005.
    2004 - Pub.L. 108-357, Sec. 853(d)(2)(P)&(Q). Subsection (b) of
    section 9508 is amended by striking paragraph (3) and by redesignating 
    paragraphs (4) and (5) as paragraphs (3) and (4), respectively.
    Section 9508(c)(2)(A) is amended by striking ``sections 4081 and 4091''
    and inserting ``section 4081''.

      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 2006 AMENDMENT
2006 - Tax Relief and Health Care Act of 2006 (P.L. 109-432)
SEC. 210(c) <<NOTE: 26 USC 9508 note.>> Effective Date.--The amendments made 
by this section shall take effect on the date of the enactment of this 
Act.

                      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.''
 

References

                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in title 42 section 9601.