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U.S. Code as of:
01/19/04
Section 9504. Aquatic Resources Trust Fund
(a) Creation of Trust Fund
(1) In general
There is hereby established in the Treasury of the United
States a trust fund to be known as the "Aquatic Resources Trust
Fund".
(2) Accounts in Trust Fund
The Aquatic Resources Trust Fund shall consist of -
(A) a Sport Fish Restoration Account, and
(B) a Boat Safety Account.
Each such Account 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 Account
(1) Transfer of certain taxes to Account
There is hereby appropriated to the Sport Fish Restoration
Account 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 Account
Amounts in the Sport Fish Restoration Account shall be
available, as provided by appropriation Acts, for making
expenditures -
(A) to carry out the purposes of the Act entitled "An Act to
provide that the United States shall aid the States in fish
restoration and management projects, and for other purposes",
approved August 9, 1950 (as in effect on the date of the
enactment of the Surface Transportation Extension Act of 2003),
(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 Surface Transportation
Extension Act of 2003), 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 Surface Transportation Extension
Act of 2003).
Amounts transferred to such account under section 9503(c)(5) may
be used only for making expenditures described in subparagraph
(B) of this paragraph.
(c) Expenditures from Boat Safety Account
Amounts in the Boat Safety Account shall be available, as
provided by appropriation Acts, for making expenditures before
March 1, 2004, to carry out the purposes of section 13106 of title
46, United States Code (as in effect on the date of the enactment
of the Surface Transportation Extension Act of 2003).
(d) Limitation on transfers to Aquatic Resources Trust Fund
(1) In general
Except as provided in paragraph (2), no amount may be
appropriated or paid to any Account in the Aquatic Resources
Trust Fund on and after the date of any expenditure from any such
Account 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 March 1, 2004, in accordance with the provisions of this
section.
(e) Cross reference
For provision transferring motorboat fuels taxes to Boat
Safety Account and Sport Fish Restoration Account, see section
9503(c)(4).
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