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107 STAT. 454 PUBLIC LAW 103-66—AUG. 10, 1993 it appears and inserting "vessels for use in an ofT-highway business use (as defined in section 6421(eX2XB))''. (b) EXEMPTION FOR USE IN FISHERIES OR COMMERCIAL 26 use 6421. TRANSPORTATION.—Subparagraph (B) of section 6421(eX2) is amended to read as follows: **(B) USES IN BOATS.— "(i) IN GENERAL.—^Except as otherwise provided in this subparagraph, the term 'ofiT-highway business use' does not include any use in a motorboat. **(ii) FISHERIES AND WHALING.—The term 'off-high- way 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 compensa- tion 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 entertain- ment, amusement, or recreation, clause (iiiXII) shall not apply to— "(I) the taxes under sections 4041(aXl) and 4081 for the period after December 31, 1993, and before January 1, 2000, and "(II) so much of the tax under sections 4041(aXl) 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 Stor- age Tank Trust Fund) is amended by adding at the end thereof the following new sentence: "For purposes of tliis subsection, there shall not be t£iken 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." 26 use 4041 (d) EFFECTIVE DATE.—The amendments made by this section "°*^ shall take effect on January 1,1994. PART VI—OTHER CHANGES SEC. 13171. ALTERNATIVE MINIMUM TAX TREATMENT OF CONTRIBU- TIONS OF APPRECIATED PROPERTY. (a) REPEAL OF TAX PREFERENCE.—Subsection (a) of section 57 (as amended by section 13113) is amended by striking paragraph (6) (relating to appreciated property charitable deduction) and by redesignating paragraphs (7) and (8) as paragraphs (6) and (7), respectively. (b) EFFECT ON ADJUSTED CURRENT EARNINGS.—Paragraph (4) of section 56(g) is amended by adding at the end thereof the loUow- ing new subparagraph: "(J) TREATMENT OF CHARITABLE CONTRIBUTIONS.—Not- withstanding subparagraphs (B) and (C), no a^ustment related to the earnings and profits effects of any charitable