TAX ON DIESEL FUEL USED IN NONCOMMERCIAL BOATS.

SEC. 13163. TAX ON DIESEL FUEL USED IN NONCOMMERCIAL BOATS. (a) General Rule.— (1) Paragraph (2) of section 4092(a) (defining diesel fuel) is amended by striking “or a diesel-powered train” and inserting “, a diesel-powered train, or a diesel-powered boat”. (2) Paragraph (1) of section 4041(a) is amended— (A) by striking “diesel-powered highway vehicle” each place it appears and inserting “diesel-powered highway vehicle or diesel-powered boat”, and (B) by striking “such vehicle” and inserting “such vehicle or boat”. (3) Subparagraph (B) of section 4092(b)(1) is amended by striking “commercial and noncommercial vessels” each place 107 STAT. 454it appears and inserting “vessels for use in an off-highway business use (as defined in section 6421(e)(2)(B))”. (b) Exemption for Use in Fisheries or Commercial Transportation.— Subparagraph (B) of section 6421(e)(2) is amended to read as follows: “(B) Uses in boats.— “(i) In general.— Except as otherwise provided in this subparagraph, the term ‘off-highway business use’ does not include any use in a motorboat. “(ii) Fisheries and whaling.— The term ‘off-highway business use’ shall include any use in a vessel employed in the fisheries or in the whaling business. “(iii) Exception for diesel fuel.— The term ‘off-highway business use' shall include the use of diesel fuel in a boat in the active conduct of— “(I) a trade or business of commercial fishing or transporting persons or property for compensation or hire, and “(II) except as provided in clause (iv), any other trade or business. “(iv) Noncommercial boats.— In the case of a boat used predominantly in any activity which is of a type generally considered to constitute entertainment, amusement, or recreation, clause (iii)(II) shall not apply to— “(I) the taxes under sections 4041(a)(1) and 4081 for the period after December 31, 1993, and before January 1, 2000, and “(II) so much of the tax under sections 4041(a)(1) and 4081 as does not exceed 4.3 cents per gallon for the period after December 31, 1999.” (c) Retention of Taxes in General Fund.— Subsection (b) of section 9508 (relating to transfers to Leaking Underground Storage Tank Trust Fund) is amended by adding at the end thereof the following new sentence: “For purposes of this subsection, there shall not be taken into account the taxes imposed by sections 4041 and 4081 on diesel fuel sold for use or used as fuel in a diesel-powered boat.” (d) Effective Date.— The amendments made by this section shall take effect on January 1, 1994.