26 U.S.C. § 9504 : US Code - Section 9504: Sport Fish Restoration and Boating Trust Fund

Search 26 U.S.C. § 9504 : US Code - Section 9504: Sport Fish Restoration and Boating 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 "Sport Fish Restoration and Boating
Trust Fund". Such Trust Fund 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 and Boating Trust Fund
(1) Transfer of certain taxes to Trust Fund
There is hereby appropriated to the Sport Fish Restoration and
Boating Trust Fund 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 Trust Fund
Amounts in the Sport Fish Restoration and Boating Trust Fund
shall be available, as provided by appropriation Acts, for making
expenditures -
(A) to carry out the purposes of the Dingell-Johnson Sport
Fish Restoration Act (as in effect on the date of the enactment
of the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users),
(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 Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users), 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 Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users).
Amounts transferred to such account under section 9503(c)(5) may
be used only for making expenditures described in subparagraph
(C) of this paragraph.
(c) Expenditures from Boat Safety Account
Amounts remaining in the Boat Safety Account on October 1, 2005,
and amounts thereafter credited to the Account under section
9602(b), shall be available, without further appropriation, for
making expenditures before October 1, 2010, to carry out the
purposes of section 15 of the Dingell-Johnson Sport Fish
Restoration Act (as in effect on the date of the enactment of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users). For purposes of section 9602, the Boat Safety
Account shall be treated as a Trust Fund established by this
subchapter.
(d) Limitation on transfers to Trust Fund
(1) In general
Except as provided in paragraph (2), no amount may be
appropriated or paid to the Sport Fish Restoration and Boating
Trust Fund on and after the date of any expenditure from such
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 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, 2009, in accordance with the provisions of this
section.
(e) Cross reference
For provision transferring motorboat fuels taxes to Sport
Fish Restoration and Boating Trust Fund, see section
9503(c)(4).