Contents
- (a) Creation of Trust Fund
- (b) Transfer to Highway Trust Fund of amounts equivalent to certain taxes and penalties57 changes
- (c) Expenditures from Highway Trust Fund87 changes
- (d) Adjustments of apportionments3 changes
- (e) Establishment of Mass Transit Account40 changes
- (f) Determination of Trust Fund balances after September 30, 199820 changes
(e)
(1)There is established in the Highway Trust Fund a separate account to be known as the “Mass Transit Account” consisting of such amounts as may be transferred or credited to the Mass Transit Account as provided in this section or section 9602(b).
(2)The Secretary of the Treasury shall transfer to the Mass Transit Account the mass transit portion of the amounts appropriated to the Highway Trust Fund under subsection (b) which are attributable to taxes under sections 4041 and 4081 imposed after March 31, 1983. For purposes of the preceding sentence, the term “mass transit portion” means, for any fuel with respect to which tax was imposed under section 4041 or 4081 and otherwise deposited into the Highway Trust Fund, the amount determined at the rate of—
(A)except as otherwise provided in this sentence, 2.86 cents per gallon,
(B)1.43 cents per gallon in the case of any partially exempt methanol or ethanol fuel (as defined in section 4041(m)) none of the alcohol in which consists of ethanol,
(C)1.86 cents per energy equivalent of a gallon of diesel (as defined in section 4041(a)(2)(D)) in the case of liquefied natural gas,
(D)2.13 cents per energy equivalent of a gallon of gasoline (as defined in section 4041(a)(2)(C)) in the case of liquefied petroleum gas, and
(E)9.71 cents per MCF (determined at standard temperature and pressure) in the case of compressed natural gas.
(3)Amounts in the Mass Transit Account shall be available, as provided by appropriation Acts, for making capital or capital related expenditures (including capital expenditures for new projects) before December 12, 2026, in accordance with the Surface Transportation Extension Act of 2026 or any other provision of law which was referred to in this paragraph before the date of the enactment of such Act (as such Act and provisions of law are in effect on the date of the enactment of such Act).
(4)Rules similar to the rules of subsection (d) shall apply to the Mass Transit Account.
(5)
(A)Transfers under paragraphs (2) and (3) of subsection (c) shall be borne by the Highway Account and the Mass Transit Account in proportion to the respective revenues transferred under this section to the Highway Account (after the application of paragraph (2)) and the Mass Transit Account.
(B)For purposes of subparagraph (A), the term “Highway Account” means the portion of the Highway Trust Fund which is not the Mass Transit Account.
United States Government work; public domain under 17 U.S.C. § 105.