[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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