United States Code
USC most recently checked for updates: Nov 29, 2023
§ 147.
Construction of ferry boats and ferry terminal facilities
(a)
The Secretary shall carry out a program for construction of ferry boats and ferry terminal facilities in accordance with section 129(c).
(b)
The Federal share of the cost of construction of ferry boats, ferry terminals, and ferry maintenance facilities under this section shall be 80 percent.
(c)
Of the amounts made available to ferry systems and public entities responsible for developing ferries under this section for a fiscal year, 100 percent shall be allocated in accordance with the formula set forth in subsection (d).
(d)
Of the amounts allocated under subsection (c)—
(1)
35 percent shall be allocated among eligible entities in the proportion that—
(A)
the number of ferry passengers, including passengers in vehicles, carried by each ferry system in the most recent calendar year for which data is available; bears to
(B)
the number of ferry passengers, including passengers in vehicles, carried by all ferry systems in the most recent calendar year for which data is available;
(2)
35 percent shall be allocated among eligible entities in the proportion that—
(A)
the number of vehicles carried by each ferry system in the most recent calendar year for which data is available; bears to
(B)
the number of vehicles carried by all ferry systems in the most recent calendar year for which data is available; and
(3)
30 percent shall be allocated among eligible entities in the proportion that—
(A)
the total route nautical miles serviced by each ferry system in the most recent calendar year for which data is available; bears to
(B)
the total route nautical miles serviced by all ferry systems in the most recent calendar year for which data is available.
(e)
The Secretary shall—
(1)
withdraw amounts allocated to an eligible entity under subsection (c) that remain unobligated by the end of the third fiscal year following the fiscal year for which the amounts were allocated; and
(2)
in the subsequent fiscal year, redistribute the amounts referred to in paragraph (1) in accordance with the formula under subsection (d) among eligible entities for which no amounts were withdrawn under paragraph (1).
(f)
Notwithstanding subsection (c), a State with an eligible entity that meets the requirements of this section shall receive not less than $100,000 under this section for a fiscal year.
(g)
(1)
(A)
Amounts made available for a fiscal year under this section shall be allocated using the most recent data available, as collected and imputed in accordance with the national ferry database established under section 1801(e) of SAFETEA–LU (23 U.S.C. 129 note).
(B)
To be eligible to receive funds under subsection (c), data shall have been submitted in the most recent collection of data for the national ferry database under section 1801(e) of SAFETEA–LU (23 U.S.C. 129 note) for at least 1 ferry service within the State.
(2)
On review of the data submitted under paragraph (1)(B), the Secretary may make adjustments to the data as the Secretary determines necessary to correct misreported or inconsistent data.
(h)
There are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section—
(1)
$110,000,000 for fiscal year 2022;
(2)
$112,000,000 for fiscal year 2023;
(3)
$114,000,000 for fiscal year 2024;
(4)
$116,000,000 for fiscal year 2025; and
(5)
$118,000,000 for fiscal year 2026.
(i)
Notwithstanding section 118(b), funds made available to carry out this section shall remain available until expended.
(j)
All provisions of this chapter that are applicable to the National Highway System, other than provisions relating to apportionment formula and Federal share, shall apply to funds made available to carry out this section, except as determined by the Secretary to be inconsistent with this section.
(k)
Notwithstanding any other provision of law, in addition to other uses of funds under this section, an eligible entity may use amounts made available under this section to pay the operating costs of the eligible entity.
(Added Pub. L. 93–87, title I, § 126(a), Aug. 13, 1973 , 87 Stat. 263; amended Pub. L. 94–280, title I, § 130, May 5, 1976 , 90 Stat. 440; Pub. L. 105–178, title I, § 1212(a)(2)(A)(i), June 9, 1998 , 112 Stat. 193; Pub. L. 109–59, title I, § 1801(a), Aug. 10, 2005 , 119 Stat. 1455; Pub. L. 112–141, div. A, title I, § 1121(a), July 6, 2012 , 126 Stat. 493; Pub. L. 114–94, div. A, title I, § 1112(a), Dec. 4, 2015 , 129 Stat. 1345; Pub. L. 117–58, div. A, title I, § 11121, div. G, title XI, § 71103(g)(1), Nov. 15, 2021 , 135 Stat. 497, 1326.)
cite as: 23 USC 147
