26 U.S.C. § 9508 : US Code - Section 9508: Leaking Underground Storage Tank Trust Fund

Search 26 U.S.C. § 9508 : US Code - Section 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 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.
(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.