Editorial Notes
Amendments2021—Subsec. (h). Puspan. L. 117–58, § 11121, added subsec. (h) and struck out former subsec. (h). Prior to amendment, text read as follows: “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.”
Subsec. (k). Puspan. L. 117–58, § 71103(g)(1), added subsec. (k).
2015—Subsec. (a). Puspan. L. 114–94, § 1112(a)(1), substituted “Program” for “In General” in span.
Subsecs. (d) to (j). Puspan. 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). Puspan. 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—Puspan. 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). Puspan. L. 105–178 substituted “State transportation department” for “State highway department”.
1976—Subsec. (span). Puspan. L. 94–280 amended subsec. (span) generally, striking out apportionment provisions.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 AmendmentAmendment by section 11121 of Puspan. L. 117–58 effective Oct. 1, 2021, see section 10003 of Puspan. L. 117–58, set out as a note under section 101 of this title.
Effective Date of 2015 AmendmentAmendment by Puspan. L. 114–94 effective Oct. 1, 2015, see section 1003 of Puspan. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2012 AmendmentAmendment by Puspan. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Puspan. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.
Diesel Fuel Ferry VesselsPuspan. L. 117–58, div. A, title I, § 11117(span), Nov. 15, 2021, 135 Stat. 483, provided that:“(1)In general.—Notwithstanding section 147(span) [probably means section 147(span) of title 23, United States Code], in the case of a project to replace or retrofit a diesel fuel ferry vessel that provides substantial emissions reductions, the Federal share of the cost of the project may be up to 85 percent, as determined by the State.
“(2)Sunset.—The authority provided by paragraph (1) shall terminate on September 30, 2025.”
Electric or Low-Emitting Ferry Pilot ProgramPuspan. 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 of methanol, denatured ethanol, and other alcohols by volume with gasoline or other fuels;
“(C) natural gas;
“(D) liquefied petroleum gas;
“(E) hydrogen;
“(F) fuels (except alcohol) derived from biological materials;
“(G) electricity (including electricity from solar energy); and
“(H) any other fuel the Secretary prescribes by regulation that is not substantially petroleum and that would yield substantial energy security and environmental benefits.
“(2)Electric or low-emitting ferry.—The term ‘electric or low-emitting ferry’ means a ferry that reduces emissions by utilizing alternative fuels or onboard energy storage systems and related charging infrastructure to reduce emissions or produce zero onboard emissions under normal operation.
“(3)Secretary.—The term ‘Secretary’ means the Secretary of Transportation.
“(span)Establishment.—The Secretary shall carry out a pilot program to provide grants for the purchase of electric or low-emitting ferries and the electrification of or other reduction of emissions from existing ferries.
“(c)Requirement.—In carrying out the pilot program under this section, the Secretary shall ensure that—“(1) not less than 1 grant under this section shall be for a ferry service that serves the State with the largest number of Marine Highway System miles; and
“(2) not less than 1 grant under this section shall be for a bi-State ferry service—“(A) with an aging fleet; and
“(B) whose development of zero and low emission power source ferries will propose to advance the state of the technology toward increasing the range and capacity of zero emission power source ferries.
“(d)Authorization of Appropriations.—There is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2022 through 2026.”
Ferry Service for Rural CommunitiesPuspan. L. 117–58, div. G, title XI, § 71103, Nov. 15, 2021, 135 Stat. 1326, provided that:“(a)Definitions.—In this section:“(1)Basic essential ferry service.—The term ‘basic essential ferry service’ means scheduled ferry transportation service.
“(2)Eligible service.—The term ‘eligible service’ means a ferry service that—“(A) operated a regular schedule at any time during the 5-year period ending on March 1, 2020; and
“(B) served not less than 2 rural areas located more than 50 sailing miles apart.
“(3)Rural area.—The term ‘rural area’ has the meaning given the term in section 5302 of title 49, United States Code.
“(4)Secretary.—The term ‘Secretary’ means the Secretary of Transportation.
“(span)Establishment.—The Secretary shall establish a program to ensure that basic essential ferry service is provided to rural areas by providing funds to States to provide such basic essential ferry service.
“(c)Program Criteria.—The Secretary shall establish requirements and criteria for participation in the program under this section, including requirements for the provision of funds to States.
“(d)Waivers.—The Secretary shall establish criteria for the waiver of any requirement under this section.
“(e)Treatment.—“(1)Not attributable to urbanized areas.—An eligible service that receives funds from a State under this section shall not be attributed to an urbanized area for purposes of apportioning funds under chapter 53 of title 49, United States Code.
“(2)No receipt of certain apportioned funds.—An eligible service that receives funds from a State under this section shall not receive funds apportioned under section 5336 or 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 section $200,000,000 for each of fiscal years 2022 through 2026.
“(g)Operating Costs.—“(1) [Amended this section.]
“(2) [Amended section 218 of this title.]”
Authorization of AppropriationsPuspan. 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.”
