H.R. 8200

[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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