Sec. 1111. Construction of ferry boats and ferry terminal facilities
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Section 147 of title 23, United States Code, is amended— by redesignating subsections (a), (b), (c), (d), (e), (f), and
(g)as subsections (b), (c), (d), (e), (f), (k), and (l), respectively; by inserting before subsection
(b)(as redesignated by paragraph (1)) the following: In this section, the following definitions apply: The term boarding means the initial boarding of a ferry by a passenger or vehicle at the initial terminal of departure. The term boarding does not include boarding of a ferry by a passenger or vehicle at any subsequent terminal stop of the ferry. The term ferry route means a permanent publicly controlled fixed route in accordance with section 129(c) from one terminal to the next terminal in one direction. A route which serves the opposite direction is considered a separate route. For purposes of nautical miles reported, an alternative limited scheduled ferry route that is otherwise served regularly by other routes with multiple stops shall not be reported as a separate ferry route unless otherwise determined by the Secretary. The term State means— any of the 50 States; the District of Columbia; the Commonwealth of Puerto Rico; Guam; American Samoa; the Commonwealth of the Northern Mariana Islands; and the United States Virgin Islands. ; in subsection
(b)(as redesignated by paragraph (1)) by striking and inserting In general ; Program in subsection
(d)(as redesignated by paragraph (1)) by striking subsection
(d)and inserting subsection
(e); and by striking subsections
(e)and
(f)(as redesignated by paragraph (1)) and inserting the following: Of the amounts allocated pursuant to subsection (d)— 35 percent shall be allocated among eligible entities in the proportion that— the number of ferry passengers, including passengers in vehicles, carried by each ferry system in the most recent fiscal year; bears to the number of ferry passengers, including passengers in vehicles, carried by all ferry systems in the most recent fiscal year; 35 percent shall be allocated among eligible entities in the proportion that— the number of vehicles carried by each ferry system in the most recent fiscal year; bears to the number of vehicles carried by all ferry systems in the most recent fiscal year; and 30 percent shall be allocated among eligible entities in the proportion that— the total route nautical miles serviced by each ferry system; bears to the total route nautical miles serviced by all ferry systems. For a ferry route that provides service between 2 States or a State and Canada, nautical miles for a route shall be reported by and assigned to the State of departure on the ferry route to the first destination of the ferry in the subsequent State or in Canada. The Secretary shall— withdraw amounts allocated to an eligible entity under subsection
(d)that remain unobligated by the end of the third fiscal year following the fiscal year for which the amounts were allocated; and in the subsequent fiscal year, redistribute those funds in accordance with the formula under subsection
(e)among eligible entities for which no amounts were withdrawn under paragraph (1). Notwithstanding subsection (d), 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. 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 the SAFETEA–LU (23 U.S.C. 129 note; Public Law 109–59 ). To be eligible to receive funds under subsection (d), data shall have been submitted in the most recent collection of data for the national ferry database under section 1801(e) of the SAFETEA–LU ( 23 U.S.C. 129 note; Public Law 109–59 ) for at least 1 ferry service within the State. 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. There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $75,000,000 for each fiscal year. . Section 1801(e)(4) of the SAFETEA–LU ( 23 U.S.C. 129 note; Public Law 109–59 ) is amended by striking subparagraph
(D)and inserting the following: make available, from the amounts made available for each fiscal year to carry out chapter 63 of title 49, not more than $500,000, to maintain the database. . Section 129(c) of title 23, United States Code, is amended— in the first sentence of paragraph
(2)by inserting , or on a public transit ferry eligible under after chapter 53 of title 49 Interstate System ; in paragraph (3)— by striking
(3)Such ferry and inserting (3)(A) Such ferry ; and by adding at the end the following: Such Federal participation shall not involve the construction or purchase, for private ownership, a ferry boat, ferry terminal facility, or other eligible project under this section. ; and by striking paragraph
(6)and inserting the following: The ferry service shall be maintained in accordance with section 116, and no ferry boat or ferry terminal with such Federal participation may be sold, leased, or otherwise disposed of, except in accordance with part 18 of title 49, Code of Federal Regulations (including successor regulations). The Federal share of any proceeds from such a disposition shall be used for eligible purposes under this title. .
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- Pub. L. 109-59
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