385
(1) DETERMINATION OF PERCENTAGE.—If the
Secretary of the Army determines that there is an
excess referred to in subsection (b) for a fiscal year,
the Secretary of the Army shall determine the per-
centage which—
(A) such excess, is of
(B) the total of the amounts authorized to
be appropriated from the Inland Waterways
Trust Fund or the Harbor Maintenance Trust
Fund, as the case may be, for the next fiscal
year.
(2) ADJUSTMENT OF AUTHORIZATIONS.—If the
Secretary of the Army determines a percentage
under paragraph (1), each amount authorized to be
appropriated from the Trust Fund for the next fiscal
year shall be reduced by such percentage.
(d) AVAILABILITY OF AMOUNTS PREVIOUSLY WITH-
HELD.—If, after an adjustment has been made under sub-
section (c)(2), the Secretary of the Army determines with
respect to the Inland Waterways Trust Fund or the Har-
bor Maintenance Trust Fund that the amount described
in subsection (a)(1) does not exceed the amount described
in subsection (a)(2) or that the excess referred to in sub-
section (b) with respect to the Trust Fund is less than
the amount previously determined, each amount author-
386
ized to be appropriated that was reduced under subsection
(c)(2) with respect to the Trust Fund shall be increased,
by an equal percentage, to the extent the Secretary of the
Army determines that it may be so increased without caus-
ing the amount described in subsection (a)(1) to exceed
with respect to the Trust Fund the amount described in
subsection (a)(2) (but not by more than the amount of
the reduction).
(e) REPORTS.—Any estimate under subsection (a)
and any determination under subsection (b), (c), or (d)
shall be reported by the Secretary of the Army to Con-
gress.
(f) DEFINITIONS.—For purposes of this title, the fol-
lowing definitions apply:
(1) AIRPORT AND AIRWAY TRUST FUND.—The
term ‘‘Airport and Airway Trust Fund’’ means the
Airport and Airway Trust Fund established by sec-
tion 9502 of the Internal Revenue Code of 1986.
(2) HARBOR MAINTENANCE TRUST FUND.—The
term ‘‘Harbor Maintenance Trust Fund’’ means the
Harbor Maintenance Trust Fund established by sec-
tion 9505 of the Internal Revenue Code of 1986.
(3) HIGHWAY TRUST FUND.—The term ‘‘High-
way Trust Fund’’ means the Highway Trust Fund
387
established by section 9503 of the Internal Revenue
Code of 1986.
(4) INLAND
WATERWAYS
TRUST
FUND.—The
term ‘‘Inland Waterways Trust Fund’’ means the
Inland Waterways Trust Fund established by section
9506 of the Internal Revenue Code of 1986.
(5) NET HARBOR MAINTENANCE RECEIPTS.—
The term ‘‘net harbor maintenance receipts’’ means,
with respect to any period, the receipts (including in-
terest) of the Harbor Maintenance Trust Fund dur-
ing such period.
(6) NET INLAND WATERWAYS RECEIPTS.—The
term ‘‘net inland waterways receipts’’ means, with
respect to any period, the receipts (including inter-
est) of the Inland Waterways Trust Fund during
such period.
(7) UNFUNDED INLAND WATERWAYS AUTHOR-
IZATIONS.—The term ‘‘unfunded inland waterways
authorizations’’ means, at any time, the excess (if
any) of—
(A) the total amount authorized to be ap-
propriated from the Inland Waterways Trust
Fund which has not been appropriated, over
388
(B) the amount available in the Inland
Waterways Trust Fund at such time to make
such appropriations.
(8) UNFUNDED
HARBOR
MAINTENANCE
AU-
THORIZATIONS.—The term ‘‘unfunded harbor main-
tenance authorizations’’ means, at any time, the ex-
cess (if any) of—
(A) the total amount authorized to be ap-
propriated from the Harbor Maintenance Trust
Fund which has not been appropriated, over
(B) the amount available in the Harbor
Maintenance Trust Fund at such time to make
such appropriations.
SEC. 704. APPLICABILITY.
This title (including the amendments made by this
title) shall apply to fiscal years beginning after September
30, 1997.