Page:United States Statutes at Large Volume 119.djvu/1077

 PUBLIC LAW 109–58—AUG. 8, 2005

119 STAT. 1059

‘‘(2) FUND BALANCE.—The Oil Spill Liability Trust Fund financing rate shall not apply during a calendar quarter if the Secretary estimates that, as of the close of the preceding calendar quarter, the unobligated balance in the Oil Spill Liability Trust Fund exceeds $2,700,000,000. ‘‘(3) TERMINATION.—The Oil Spill Liability Trust Fund financing rate shall not apply after December 31, 2014.’’. SEC. 1362. EXTENSION OF LEAKING UNDERGROUND STORAGE TANK TRUST FUND FINANCING RATE.

(a) IN GENERAL.—Paragraph (3) of section 4081(d) (relating to Leaking Underground Storage Tank Trust Fund financing rate) is amended by striking ‘‘2005’’ and inserting ‘‘2011’’. (b) NO EXEMPTIONS FROM TAX EXCEPT FOR EXPORTS.— (1) IN GENERAL.—Section 4082(a) (relating to exemptions for diesel fuel and kerosene) is amended by inserting ‘‘(other than such tax at the Leaking Underground Storage Tank Trust Fund financing rate imposed in all cases other than for export)’’ after ‘‘section 4081’’. (2) AMENDMENTS RELATING TO SECTION 4041.— (A) Subsections (a)(1)(B), (a)(2)(A), and (c)(2) of section 4041 are each amended by inserting ‘‘(other than such tax at the Leaking Underground Storage Tank Trust Fund financing rate)’’ after ‘‘section 4081’’. (B) Section 4041(b)(1)(A) is amended by striking ‘‘or (d)(1))’’. (C) Section 4041(d) is amended by adding at the end the following new paragraph: ‘‘(5) NONAPPLICATION OF EXEMPTIONS OTHER THAN FOR EXPORTS.—For purposes of this section, the tax imposed under this subsection shall be determined without regard to subsections (f), (g) (other than with respect to any sale for export under paragraph (3) thereof), (h), and (l).’’. (3) NO REFUND.— (A) IN GENERAL.—Subchapter B of chapter 65 is amended by adding at the end the following new section: ‘‘SEC. 6430. TREATMENT OF TAX IMPOSED AT LEAKING UNDERGROUND STORAGE TANK TRUST FUND FINANCING RATE.

‘‘No refunds, credits, or payments shall be made under this subchapter for any tax imposed at the Leaking Underground Storage Tank Trust Fund financing rate, except in the case of fuels destined for export.’’. (B) CLERICAL AMENDMENT.—The table of sections for subchapter B of chapter 65 is amended by adding at the end the following new item: ‘‘Sec. 6430. Treatment of tax imposed at Leaking Underground Storage Tank Trust Fund financing rate.’’.

(c) CERTAIN REFUNDS AND CREDITS NOT CHARGED TO LUST TRUST FUND.—Subsection (c) of section 9508 (relating to Leaking Underground Storage Tank Trust Fund) is amended to read as follows: ‘‘(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

VerDate 14-DEC-2004

08:19 Oct 26, 2006

Jkt 039194

PO 00001

Frm 01057

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL001.119

APPS06

PsN: PUBL001

�