Interstate Ferry Fairness Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8200 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 8200

To amend title 23, United States Code, so that a privately or majority-
privately owned ferry or ferry terminal facility is an eligible entity
for purposes of participation in the Ferry Boat Program, and for other
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 6, 2026

  Mr. LaLota (for himself and Mr. Courtney) introduced the following
    bill; which was referred to the Committee on Transportation and
                             Infrastructure

_______________________________________________________________________

                                 A BILL

To amend title 23, United States Code, so that a privately or majority-
privately owned ferry or ferry terminal facility is an eligible entity
for purposes of participation in the Ferry Boat Program, and for other
                               purposes.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Interstate Ferry Fairness Act''.

SEC. 2. AMENDMENT TO ALLOW PRIVATELY OWNED FERRIES AND FERRY TERMINAL
              FACILITIES TO BE ELIGIBLE FOR FERRY BOAT PROGRAM.

    (a) Permissibility of Federal Participation in Construction of
Privately Owned Ferries or Ferry Terminal Facilities.--Section 129(c)
of title 23, United States Code, is amended--
            (1) in paragraph (2)--
                    (A) by inserting ``(A)'' before ``The operation'';
                and
                    (B) by striking ``on a route'' and all that follows
                through the period at the end and inserting ``on a
                route--
                    ``(i) classified as a public road within the State
                and which has not been designated as a route on the
                Interstate System or on a public transit ferry eligible
                under chapter 53 of title 49; or
                    ``(ii) between 2 adjoining States and that connects
                one or more public roads.
            ``(B) Projects under this subsection may be eligible for
        both ferry boats carrying cars and passengers and ferry boats
        carrying passengers only.'';
            (2) in paragraph (3)--
                    (A) in subparagraph (A), by striking ``shall be''
                and all that follows through the period at the end and
                inserting ``shall be--
                    ``(i) publicly owned or operated;
                    ``(ii) majority publicly owned, if the Secretary
                determines with respect to such majority publicly owned
                ferry or ferry terminal facility that the ferry boat or
                ferry terminal facility provides substantial public
                benefits; or
                    ``(iii) with respect to a ferry that operates
                between 2 adjoining States or a ferry terminal facility
                that supports such a ferry, privately owned or majority
                privately owned, if the Secretary determines with
                respect to such ferry or ferry terminal facility that
                the ferry boat or ferry terminal facility provides
                substantial public benefits or otherwise meets the
                foremost needs of the surface transportation system
                described in section 101(b)(3)(D).''; and
                    (B) in subparagraph (B)--
                            (i) by striking ``Any Federal
                        participation'' and inserting ``(i) Except as
                        provided in clause (ii), any Federal
                        participation''; and
                            (ii) by adding at the end the following new
                        clause:
            ``(ii) Federal participation may involve the construction
        or purchase, for private ownership, of--
                    ``(I) a ferry boat that operates between 2
                adjoining States; or
                    ``(II) a ferry terminal facility or any other
                eligible project under this section that supports such
                ferry boat.''; and
            (3) in paragraph (4)--
                    (A) by inserting ``(A)'' before ``The operating
                authority'';
                    (B) by striking ``such ferry'' and inserting ``a
                publicly owned or a majority publicly owned ferry'';
                    (C) by striking ``a privately operated toll ferry''
                and inserting ``a privately operated toll ferry not
                subject to subparagraph (B)''; and
                    (D) by adding at the end the following new
                subparagraph:
            ``(B) A privately owned or majority privately owned ferry
        operating between 2 adjoining States may charge a fare for
        passage on such ferry in an amount not more than the sum of an
        amount necessary to produce revenues sufficient to cover actual
        and necessary costs of operation, maintenance, repair, debt
        service, negotiated management fees, plus an amount that the
        Secretary determines is a reasonable rate of return for the
        ferry. All revenues derived therefrom shall be applied to such
        actual and necessary costs, except the ferry may retain the
        amount that the Secretary determines is a reasonable rate of
        return.''.
    (b) Conforming Amendments.--
            (1) Surface transportation block grant program.--Section
        133(b)(1)(B) of title 23, United States Code, is amended to
        read as follows:
                    ``(B) ferry boats and terminal facilities that are
                eligible for funding under section 129(c);''.
            (2) Construction of ferry boats and ferry terminal
        facilities.--Section 147(c) of title 23, United States Code, is
        amended by striking ``public entities'' and inserting
        ``entities''.
    (c) Effective Date.--The amendments made by this section shall take
affect with respect to a privately owned, or majority privately owned,
ferry or ferry terminal facility for purposes of eligibility of the
program under section 147 of title 23, United States Code, on the date
that is 1 year after the date of enactment of this Act.
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