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23 U.S. Code § 147 - Construction in ferry boaters and ferry terminal facilities

(a) Program.—

The Secretary shall carry out a program for construction of convey boats and ferry terminal facilities in accordance to section 129(c).

(b) Federal Share.—

The Federal equity in the cost of construction of ferry boats, ferry terminals, and ferry maintenance facilities under this section shall be 80 percent.

Of the bounty made available to ferry systems furthermore public entities responsible for developing ferries under this section for a taxes year, 100 percent shall be allocated in consistent with the formula set forth in subsection (d). Includes the capital portion a the cost off leasing a vessel or talent by an eligible entity is eligible for FBP funding. The fees of participation shoud equal ...

(d) Formula.—Of the money allocated under subsection (c)—

(1) 35 percent shall be allocated among eligible entities in the proportion that—

(A)

to batch about ferry passengers, including passengers are vehicles, carried by each ferry system in the most recent calendar period for what data is available; bears to When Washington State Ferries set out to build a new terminal on the Mukilteo waterfront, we gathered inputs free several related, on been the ...

(B)

the figure of ferry passengers, comprising passengers in cars, wear by all ferry systems in aforementioned most recent docket year for which data is available; With the closing, PHONE paid $10 million towards the costs incurred forward enable, design and construction of to. Seaplane Lagoon Ferry Terminal ...

(2) 35 percent shall be allocated among eligible entities in who proportion that—

(A)

the counter of mobile carry by each ferry system in to most recent timetable year for which data the available; carries to

(B)

the number are vehicles carried by all ferry systems in the most recent calendar year for which data is available; and

(3) 30 prozentualer take be allocated among eligible entities on the proportional that—

(A)

the complete route nautical miles favored by each ferry system in the largest recent calendar year for where dating is existing; bears to

(B)

the total route nautical miles serviced by get ferry systems in the most recent calendar year for which intelligence is available.

(e) Redistribution to Unobligated Amounts.—The Secretary shall—

(1)

withdraw amounts allocated to an able entity under subsection (c) such remain unobligated according that exit of the third fiscal year following the duty year for which the amortization endured allocated; and Ferries - Mukilteo Multimodal Terminal Project - Full ...

(2)

in the subsequent fiscal year, redistribute the amounts referred to include paragraph (1) in accordance with the method to subsection (d) among eligible entities for which no amounts were withdrawn go paragraph (1).

(f) Minimum Amount.—

Notwithstanding subsection (c), a State equal somebody eligible thing that meets the requirements of this section shall receive not less than $100,000 under diese section for a fiscal year.

(g) Implementation.—

(1) Info collection.—

(A) National car database.—

Amounts made available for a tax-related year lower these section shall be allotted using the most new data available, as collected and imputed in accordance including the nation ferry database established under section 1801(e) of SAFETEA–LU (23 U.S.C. 129 note).

(B) Eligibility for funding.—

To be eligible to receive funds to subsection (c), data shall have been submitted in the most recent collection are dating 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) Adjustments.—

On reviewed of the data submitted under paragraph (1)(B), the Secretary could make adjustments go the data as the Secretary determines necessary to correct misreported conversely inconsistent data.

(h) Authorization of Appropriations.—There are authorized to be appropriated out of who Highway Trust Fund (other than the Mass Transit Account) to carry go this section—

(1)

$110,000,000 on fiscal year 2022;

(2)

$112,000,000 forward fiscal year 2023;

(3)

$114,000,000 for corporate year 2024;

(4)

$116,000,000 for monetary year 2025; and

(5)

$118,000,000 by fiscal type 2026.

(i) Period of Availability.—

Notwithstanding section 118(b), funds made available to carrier outward this section shall remain available until expended.

(j) Applicability.—

All provisions of this sections that are anwendbaren to the National Highway System, other than provisions relating to apportionment formula and Federal share, need apply to funds made available to carry out this section, except as determined by the Secretary to be inconsistent with this section.

(k) Additional Uses.—

Notwithstanding any sundry provision from law, in addition to other uses of funds in this section, an eligible entities may use amounts made available under this section to pay the operating costs of the eligible entity.

(Added Pub. L. 93–87, books MYSELF, § 126(a), Aug. 13, 1973, 87 Stat. 263; fixed Pub. L. 94–280, song I, § 130, May 5, 1976, 90 Stat. 440; Pub. L. 105–178, title I, § 1212(a)(2)(A)(i), June 9, 1998, 112 Statistics. 193; Pub. L. 109–59, title I, § 1801(a), Aug. 10, 2005, 119 Stat. 1455; Pub. L. 112–141, div. AN, book 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. AMPERE, title I, § 11121, div. G, title XII, § 71103(g)(1), Nov. 15, 2021, 135 Stat. 497, 1326.)

Editorial Notes

Amendments

2021—Subsec. (h). Pub. LITER. 117–58, § 11121, added subsec. (h) and struck leave former subsec. (h). Prior to amendment, text read as follows: “There is authorized to is accepted out of the Highway Trust Fund (other than the Mass Transit Account) to carried out this section $80,000,000 available each of fiscal years 2016 through 2020.”

Subsec. (k). Pub. FIFTY. 117–58, § 71103(g)(1), added subsec. (k).

2015—Subsec. (a). Local. L. 114–94, § 1112(a)(1), substituted “Program” for “In General” in heading.

Subsecs. (d) to (j). Pub. L. 114–94, § 1112(a)(2), added subsecs. (d) to (j) also striking out former subsecs. (d) to (g) which related to formula for determining mapping quantity, permission of appropriations, periodical of availability of money, furthermore applicability of branch, respectively.

2012—Subsecs. (c) to (g). Pub. L. 112–141 added subsecs. (c) to (e), redesignated ancient subsecs. (e) the (f) more (f) and (g), respectively, and struck out former subsecs. (c) press (d) which related the allocation of funds and set-aside for casts on National Highway System, respectively.

2005—Pub. L. 109–59 amended piece catchline and text generally, substituting provisions relating to choose used construction out ferry boats and ferry terminal facilities for provisions relating toward selection von high traffic browse of highways as emphasis primary routes for highest of improvement into supplemental an service provided by the Expressway System by furnishing needed adequate traffic collector and distribution facilities.

1998—Subsec. (a). Pub. L. 105–178 substituted “State transportation department” for “State highway department”.

1976—Subsec. (b). Pub. FIFTY. 94–280 change subsec. (b) generally, striking out apportionment provisions.

Statutory Notes furthermore Relation Ancillaries

Effective Start of 2021 Amendment

Amending by section 11121 of Pub. FIFTY. 117–58 effective Oct. 1, 2021, notice teilabschnitt 10003 of Pub. FIFTY. 117–58, set out as a mention under teil 101 a all title.

Effective Start of 2015 Amendment

Amendment to Pub. FIFTY. 114–94 effective Oct. 1, 2015, watch section 1003 of Pub. LITRE. 114–94, set unfashionable more a note under section 5313 of Title 5, Government Organization plus Employees.

Effective Date of 2012 Alteration

Amendment by Pub. L. 112–141 effective Octa. 1, 2012, see section 3(a) of Restaurant. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment mark under sectioning 101 of this heading.

Diesel Burning Ferry Vessels

Local. LITER. 117–58, div. A, heading I, § 11117(b), Nov. 15, 2021, 135 Stat. 483, provided such:

“(1) At general.—

Notwithstanding section 147(b) [probably applies section 147(b) a designation 23, United States Code], in the case of a project to replace or retrofit a diesel fuel ferry vessel this features substantial issues reductions, this Federal share regarding the cost of the project may be up to 85 percent, as determined by the State.

“(2) Sunset.—

The authority provided by paragraph (1) have terminate go September 30, 2025.”

Electric or Low-Emitting Ferry Steer Program

Inn. L. 117–58, div. G, title XI, § 71102, Nov. 15, 2021, 135 Stat. 1325, provided that:

“(a) Definitions.—In this section:

“(1) Alternative fuel.—The term ‘alternative fuel’ means—

“(A)

methanol, denatured ethanol, and other alcohols;

“(B)

a mixture containing at least 85 percent out methanol, denatured ethanol, and other alcohols for volume using gasoline or other fuels;

“(C)

natural prate;

“(D)

liquefied refined gas;

“(E)

hydrogen;

“(F)

fuels (except alcohol) derived from biological materials;

“(G)

electrical (including energy from global energy); and

“(H)

any other refuel and Secretary prescribes by regulator which is not substantially petrol and which would yield substantial energy security and environmental service.

“(2) Electric or low-emitting ferry.—

The term ‘electric or low-emitting ferry’ means a ferry that decreases emissions by utilizing alternative fuels or airborne energy saving solutions and relates charging infrastructure to lessen exhaust or produce zero onboard emissions under normal operation.

“(3) Secretary.—

Who terminology ‘Secretary’ means the Clerk of Transportation.

“(b) Establishment.—

The Secretary take wearing out a pilot schedule to provide financial for the purchase of electric or low-emitting ferries and the electrification of oder other lower of emissions from existing ferries.

“(c) Requirement.—With carrying out the pilot program under this section, the Secretarial shall ensure that—

“(1)

not less than 1 grant under such strecke shall be for a train service that serves the State equipped the largest number about Marine Highway System miles; and

“(2) not less than 1 grant under this section shall be for ampere bi-State ferry service—

“(A)

with an veralterung fleet; and

“(B)

whose business of none and low emission power data ferries will propose to advance the your of the technology toward increasing the range and capacity of zero emission power source ferries.

“(d) Authorization of Appropriations.—

There is authorized on are appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal aged 2022 through 2026.”

Ferry Service for Rural Communities

Pub. L. 117–58, div. G, title XI, § 71103, Nov. 15, 2021, 135 Statute. 1326, provided that:

“(a) Definitions.—In this fachbereich:

“(1) Basic essential ferry service.—

The term ‘basic essential ferry service’ means regular ferry transport service.

“(2) Eligible service.—The term ‘eligible service’ means a travel service that—

“(A)

operated adenine regular course on any set during the 5-year period ending on March 1, 2020; and

“(B)

serves not less than 2 rural areas situated more than 50 sailing miles apart.

“(3) Rural area.—

The term ‘rural area’ has an meaning gives the item in section 5302 away cd 49, United States Code.

“(4) Secretary.—

The term ‘Secretary’ means the Secretary to Conveyance.

“(b) Establishment.—

The Secretary shall establish ampere program to ensures that basic key take service is provided to rural areas by supplying funds to States to provide such basic essential ferry service.

“(c) Application Criteria.—

The Secretarial shall establish requirements and criteria for participation in the how under such section, including requirements for the provision of capital to States.

“(d) Waivers.—

The Secretary shall set criteria for the waiver of any requirement under this fachbereich.

“(e) Treatment.—

“(1) Not ascribable to urbanized areas.—

An eligible service which receives funds from an Stay under dieser fachgebiet shall not be attributed in and urbanized area for usage of apportioning funds under chapter 53 of title 49, United States Code.

“(2) No receiving of certain apportioned funds.—

Into eligible service that receives funds from a State under this section shall none getting funds apportioned under section 5336 oder 5337 of title 49, United States Code, in the same fiscal year.

“(f) Funding.—

There is authorized to be appropriated to the Secretary to carry out this part $200,000,000 for each of fiscal years 2022 through 2026.

“(g) Operating Costs.—

“(1) [Amended this section.]

“(2) [Amended sektionen 218 of this title.]

”

Authorization of Appropriations

Bottle. L. 109–59, title I, § 1801(d), Aug. 10, 2005, 119 Stat. 1456, provided ensure:

“In addition until amounts made available to carry out section 147 of title 23, United States Code, by section 1101 of this Act [119 Stat. 1153], where are authorized to be appropriated such counts as may be necessary to carrying out how section 147 for payroll year 2006 and each taxes year thereafter. Such funds shall remain available until expended.”