26Title 26The US tax code, read & explained

26 U.S.C. § 9504

§ 9504. Sport Fish Restoration and Boating Trust Fund

532 words · amended 43 times

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History

Added in 1984 by the Deficit Reduction Act of 1984. Last changed November 15, 2021 by the Public Law 117-58.

Every change, newest first (44)
  1. November 15, 2021Public Law 117-58
  2. October 31, 2021Public Law 117-52
  3. October 2, 2021Public Law 117-44
  4. October 1, 2020Public Law 116-159
  5. December 4, 2015Public Law 114-94
  6. November 20, 2015Public Law 114-87
  7. October 29, 2015Public Law 114-73
  8. July 31, 2015Public Law 114-41
  9. May 29, 2015Public Law 114-21
  10. August 8, 2014Public Law 113-159
  11. July 6, 2012Public Law 112-141
  12. June 29, 2012Public Law 112-140
  13. March 30, 2012Public Law 112-102
  14. September 16, 2011Public Law 112-30
  15. March 4, 2011Public Law 112-5
  16. December 22, 2010Public Law 111-322
  17. March 18, 2010Public Law 111-147
  18. October 30, 2009Public Law 111-88
  19. October 1, 2009Public Law 111-68
  20. January 28, 2008Public Law 110-181
  21. October 6, 2006Public Law 109-304
  22. September 29, 2005Public Law 109-74
  23. August 10, 2005Public Law 109-59
  24. July 30, 2005Public Law 109-42
  25. July 28, 2005Public Law 109-40
  26. July 22, 2005Public Law 109-37
  27. July 20, 2005Public Law 109-35
  28. July 1, 2005Public Law 109-20
  29. May 31, 2005Public Law 109-14
  30. September 30, 2004Public Law 108-310
  31. July 30, 2004Public Law 108-280
  32. June 30, 2004Public Law 108-263
  33. April 30, 2004Public Law 108-224
  34. February 29, 2004Public Law 108-202
  35. September 30, 2003Public Law 108-88
  36. November 1, 2000Public Law 106-408
  37. July 22, 1998IRS Restructuring and Reform Act of 1998
  38. June 9, 1998Public Law 105-178
  39. December 1, 1997Public Law 105-130
  40. December 18, 1991Public Law 102-240
  41. November 5, 1990Omnibus Budget Reconciliation Act of 1990
  42. September 28, 1988Public Law 100-448
  43. August 23, 1988Public Law 100-418
  44. July 18, 1984Deficit Reduction Act of 1984 · added this section

The law as written

Current through Public Law 119-102. Amendment notes omitted.

Structure

  1. (a) Creation of Trust Fund
  2. (b) Sport Fish Restoration and Boating Trust Fund
  3. (c) Expenditures from Boat Safety Account
  4. (d) Limitation on transfers to Trust Fund
  5. (e) Cross reference
(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)(3), section 9503(c)(4), 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 Infrastructure Investment and Jobs Act),

(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 Infrastructure Investment and Jobs Act), 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 Infrastructure Investment and Jobs Act).

Amounts transferred to such account under section 9503(c)(4) 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 1 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, 2026, 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)(3).