305.. TABLE II.-Title 23 U.S.C., sources by sections-Continued Sections of title 23 306... 307(a) 307(b)...... 307(c) 307(c)(1)............ Source law at the time of codification in 1958, amendments, additions, and repeals since 1958 Amended by Public Law 96-470, sec. 112(b)(2), Oct. 19, 1980. Amended by 1962 Highway Act, sec. 11. Amended by 1973 Highway Act, sec. 151. Amended by 1982 Surface Transportation Assistance Act, sec. 156(d). Amended by 1982 Surface Transportation Assistance Act, sec. 156(b). Amended by 1970 Highway Act, sec. 126. Added by 1982 Surface Transportation Assistance Act, sec. 156(a). Added by Highway Safety Act of 1966, sec. 103. Added by 1982 Surface Transportation Assistance Act, sec. 161(a). 1941 Act, sec. 15. 1956 Act, June 20 (70 Stat. 314). 307(c)(2)... 307(c)(3).. 307(c)(5).. 307(d). 307(e) 308(a) 308(b). 1956 Act, June 20 (70 Stat. 314). Amended by 1973 Highway Act, sec. 152(5). 319. 320(a) 320(b). 320(c) 320(d). 320(e) 320(f). 321. 1944 Act, sec. 11 1940 Act, sec. 11. Revised by Highway Beautification Act of 1965, sec. 301. Amended by 1966 Highway Act, sec. 8(b). Amended by 1968 Highway Act, sec. 6(f). 1946 Act, July 29 (60 Stat. 709), sec. 3. Amended by 1970 Highway Act, sec. 116(a). Amended by 1973 Highway Act, sec. 128(a). Amended by 1974 Highway Amendments, sec. 123(a). Amended by 1976 Highway Act, sec. 137(a). Amended by 1978 Surface Transportation Assistance Act, sec. 128(a). 1946 Act, July 29 (60 Stat. 709), sec. 5. 1946 Act, July 29 (60 Stat. 709), sec. 6. Added by 1970 Highway Act, sec. 115(a) and (b). TABLE II.-Title 23 U.S.C., sources by sections—Continued Sections of title 23 Source law at the time of codification in 1958, amendments, additions, and repeals since 1958 401.. 402(a) 402(b)(1)(A).... 402(b)(1)(D).. 402(b)(1)(E) 402(b)(1)(F) Amended by Public Law 96-106, sec. 11, Nov. 9, 1979. Amended by 1974 Highway Amendments, sec. 117. Added by 1973 Highway Act, sec. 145. Amended by 1974 Highway Amendments, sec. 112. Added by Highway Safety Act of 1966, sec. 101. Amended by 1973 Highway Act, sec. 218. Amended by 1973 Highway Act, sec. 231(a). Amended by 1978 Surface Transportation Assistance Act, sec. 207(a). Amended by 1970 Highway Act, sec. 203(d), effective Dec. 31, 1971. Amended by 1978 Surface Transportation Assistance Act, sec. Repealed by Public Law 97-35, sec. 1107(e), Aug. 13, 1981. Relettered as (D) by Public Law 97-35, sec. 1107(e), Aug. 13, Added by 1973 Highway Act, sec. 228. Relettered as (E) by Public Law 97-35, sec. 1107(e), Aug. 13, 1981. 402(b)(1)(G).................. Added by 1978 Surface Transportation Assistance Act, sec. 402(c)... 402(d).... 207(c). Relettered as (F) by Public Law 97-35, sec. 1107(e), Aug. 13, Amended by 1968 Highway Act, sec. 203(d). Amended by 1973 Highway Act, sec. 215, 216, and 217. Amended by 1976 Highway Act, sec. 208(a), 211, and 212. Amended by 1982 Surface Transportation Assistance Act, sec. 208. Amended by 1970 Highway Act, sec. 202(d). Amended by 1973 Highway Act, sec. 207(b). Amended by 1978 Surface Transportation Assistance Act, sec. 207(d). Added by 1970 Highway Act, sec. 202 (e). Repealed by Public Law 97-35, sec.1107(c), Aug. 13, 1981. Added by 1973 Highway Act, sec. 219. Amended by 1976 Highway Act, sec. 204. Amended by Public Law 97-35, sec. 1107(d), Aug. 13, 1981. Relettered as (a) 1973 Highway Act, sec. 208(a). 402(h)... Amended by 1973 Highway Act, sec. 229. 402(i) Added by 1973 Highway Act, sec. 207(a). 402(j) 403(a) 403(b) 403(c) 403(d). 403(e) 403(f). Added by 1973 Highway Act, sec. 226. 404(a) 405. 406.... 407. 408. Added by 1973 Highway Act, sec. 208(a). Amended by Public Law 90–150 (81 Stat. 507). Technical amendment-1973 Highway Act, sec. 223. Added by 1973 Highway Act, sec. 230. Amended by 1974 Highway Act, sec. 121. Amended by 1978 Surface Transportation Assistance Act, sec. Added by 1978 Surface Transportation Assistance act, sec. 208(a). SUBPART E. HIGHWAY TRUST FUND LAWS-HIGHWAY TRUST FUND, CODIFICATION OF (26 USC 9503); HIGHWAY REVENUE ACT OF 1956, AS AMENDED; AND SECTIONS OF TITLE 26, UNITED STATES CODE, “INTERNAL REVENUE CODE" TITLE V-HIGHWAY REVENUE ACT OF 1982 (26 USC 9503) PUBLIC LAW 97-424–JAN. 6, 1983 Sec. 9503. Highway 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 "Highway Trust Fund", consisting of such amounts as may be appropriated or credited to the Highway Trust Fund as provided in this section or section 9602(b). (b) Transfer to highway trust fund of amounts equivalent to certain taxes. (1) In general.—There are hereby appropriated to the Highway Trust Fund amounts equivalent to the taxes received in the Treasury before October 1, 1988, under the following provisions (A) section 4041 (relating to taxes on diesel fuels and special motor fuels). (B) section 4051 (relating to retail tax on heavy trucks and trailers), (C) section 4061 (relating to tax on trucks and truck parts), (D) section 4071 (relating to tax on tires and tread rubber), (E) section 4081 (relating to tax on gasoline), (F) section 4091 (relating to tax on lubricating oil), and (G) section 4481 (relating to tax on use of certain vehicles). (2) Liabilities incurred before October 1, 1988.-There are hereby appropriated to the Highway Trust Fund amounts equivalent to the taxes which are received in the Treasury after September 30, 1988, and before July 1, 1989, and which are attributable to liability for tax incurred before October 1, 1988, under the provisions described in paragraph (1). (3) Adjustments for aviation uses.-The amounts described in paragraphs (1) and (2) with respect to any period shall (before the application of this subsection) be reduced by appropriate amounts to reflect any amounts transferred to the Airport and Airway Trust Fund under section 9502(b) with respect to such period. (c) Expenditures from Highway Trust Fund.— (1) Federal-aid highway program.-Except as provided in subsection (e), amounts in the Highway Trust Fund shall be available, as provided by appropriation Acts, for making expenditures before October 1, 1988, to meet those obligations of the United States heretofore or hereafter incurred which are (A) authorized by law to be paid out of the Highway Trust Fund established by section 209 of the Highway Revenue Act of 1956, (B) authorized to be paid out of the Highway Trust Fund under title I or II of the Surface Transportation Assistance Act of 1982, or (C) hereafter authorized by a law which does not authorize the expenditure out of the Highway Trust Fund of any amount for a general purpose not covered by subparagraph (A) or (B) as in effect on December 31, 1982. (2) Transfers from Highway Trust Fund for certain repayments and credits. (A) In general.-The Secretary shall pay from time to time from the Highway Trust Fund into the general fund of the Treasury amounts equivalent to (i) the amounts paid before July 1, 1989, under (I) section 6420 (relating to amounts paid in respect of gasoline used on farms). (II) section 6421 (relating to amounts paid in respect of gasoline used for certain nonhighway purposes or by local transit systems), (III) section 6424 (relating to amounts paid in respect of lubricating oil used for certain nontaxable purposes), and (IV) section 6427 (relating to fuels not used for taxable purposes), on the basis of claims filed for periods ending before October 1, 1988, and (ii) the credits allowed under section 39 (relating to credit for certain uses of gasoline, special fuels, and lubricating oil) with respect to gasoline, special fuels, and lubricating oil used before October 1, 1988. (B) Transfers based on estimates.-Transfers under subparagraph (A) shall be made on the basis of estimates by the Secretary, and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess or less than the amounts required to be transferred. (C) Exception for use in aircraft and motorboats.—This paragraph shall not apply to amounts estimated by the Secretary as attributable to use of gasoline and special fuels in motorboats or in aircraft. (3) 1988 floor stocks refunds.-The Secretary shall pay from time to time from the Highway Trust Fund into the general fund of the Treasury amounts equivalent to the floor stocks refunds made before July 1, 1989, under section 6412(a). (4) Transfers from the trust fund for motorboat fuel taxes. (A) Transfer to National Recreational Boating Safety and Facilities Improvement Fund. (i) In general.-The Secretary shall pay from time to time from the Highway Trust Fund into the National Recreational Boating Safety and Facilities Improvement Fund established by section 202 of the Recreational Boating Fund Act amounts (as determined by him) equivalent to the motorboat fuel taxes received on or after October 1, 1980, and before October 1, 1988. (ii) Limitations.— (I) Limit on transfers during any fiscal year.-The aggregate amount transferred under this subparagraph during any fiscal year shall not exceed $45,000,000. (II) Limit on amount in fund.-No amount shall be transferred under this subparagraph if the Secretary determines that such transfer would result in increasing the amount in the National Recreational Boating Safety and Facilities Improvement Fund to a sum in excess of $45,000,000. (B) Excess funds transferred to Land and Water Conservation Fund. Any amount received in the Highway Trust Fund which is attributable to motorboat fuel taxes and which is not transferred from the Highway Trust Fund under subparagraph (A) shall be transferred by the Secretary from the Highway Trust Fund into the land and water conservation fund provided for in title I of the Land and Water Conservation Fund Act of 1965. (C) Motorboat fuel taxes.-For purposes of this paragraph the term "motorboat fuel taxes" means the taxes under section 4041(a)(2) with respect to special motor fuels used as fuel in motorboats and under section 4081 with respect to gasoline used as fuel in motorboats. (d) Adjustments of apportionments. (1) Estimates of unfunded highway authorizations and net highway receipts.-The Secretary of the Treasury, not less frequently than once in each calendar quarter, after consultation with the Secretary of Transportation, shall estimate— (A) the amount which would (but for this subsection) be the unfunded highway authorizations at the close of the next fiscal year, and (B) the net highway receipts for the 24-month period beginning at the close of such fiscal year. (2) Procedure where there is excess unfunded highway authorizations. If the Secretary of the Treasury determines for any fiscal year that the amount described in paragraph (1)(A) exceeds the amount described in paragraph (1)(B)— |