2015 US Code
Title 23 - Highways (Sections 101 - 610)
Chapter 1 - Federal-Aid Highways (Sections 101 - 190)
Sec. 147 - Construction of ferry boats and ferry terminal facilities
Publication Title | United States Code, 2012 Edition, Supplement 3, Title 23 - HIGHWAYS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 23 - HIGHWAYS CHAPTER 1 - FEDERAL-AID HIGHWAYS Sec. 147 - Construction of ferry boats and ferry terminal facilities |
Contains | section 147 |
Date | 2015 |
Laws In Effect As Of Date | January 3, 2016 |
Positive Law | Yes |
Disposition | standard |
Source Credit | 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. |
Statutes at Large References | 87 Stat. 263 90 Stat. 440 112 Stat. 193 119 Stat. 1455, 1153, 1456 126 Stat. 493 129 Stat. 1345 |
Public and Private Laws | Public Law 93-87, Public Law 94-280, Public Law 105-178, Public Law 109-59, Public Law 112-141, Public Law 114-94 |
Download PDF
(a) Program.—The Secretary shall carry out a program for construction of ferry boats and ferry terminal facilities in accordance with section 129(c).
(b) Federal Share.—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) Distribution of Funds.—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) Formula.—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) Redistribution of Unobligated Amounts.—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) Minimum Amount.—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) Implementation.—
(1) Data collection.—
(A) National ferry database.—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) Eligibility for funding.—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) Adjustments.—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) Authorization of Appropriations.—There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $80,000,000 for each of fiscal years 2016 through 2020.
(i) Period of Availability.—Notwithstanding section 118(b), funds made available to carry out this section shall remain available until expended.
(j) Applicability.—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.
(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.)
AMENDMENTS2015—Subsec. (a). Pub. 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) and struck out former subsecs. (d) to (g) which related to formula for determining allocation amounts, authorization of appropriations, period of availability of funds, and applicability of chapter, respectively.
2012—Subsecs. (c) to (g). Pub. L. 112–141 added subsecs. (c) to (e), redesignated former subsecs. (e) and (f) as (f) and (g), respectively, and struck out former subsecs. (c) and (d) which related to allocation of funds and set-aside for projects on National Highway System, respectively.
2005—Pub. L. 109–59 amended section catchline and text generally, substituting provisions relating to program for construction of ferry boats and ferry terminal facilities for provisions relating to selection of high traffic sections of highways as priority primary routes for priority of improvement to supplement the service provided by the Interstate System by furnishing needed adequate traffic collector and distributor facilities.
1998—Subsec. (a). Pub. L. 105–178 substituted "State transportation department" for "State highway department".
1976—Subsec. (b). Pub. L. 94–280 amended subsec. (b) generally, striking out apportionment provisions.
EFFECTIVE DATE OF 2015 AMENDMENTAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
EFFECTIVE DATE OF 2012 AMENDMENTAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.
AUTHORIZATION OF APPROPRIATIONSPub. L. 109–59, title I, §1801(d), Aug. 10, 2005, 119 Stat. 1456, provided that: "In addition to amounts made available to carry out section 147 of title 23, United States Code, by section 1101 of this Act [119 Stat. 1153], there are authorized to be appropriated such sums as may be necessary to carry out such section 147 for fiscal year 2006 and each fiscal year thereafter. Such funds shall remain available until expended."
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.