(a)
(b)
(c)
(d)
(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)
(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in paragraph (1) in accordance with the formula under subsection (d) among eligible entities for which no amounts were withdrawn under paragraph (1).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)
(g)
(1)
(A)
(B)
(2)
(h)
(1) $110,000,000 for fiscal year 2022;
(2) $112,000,000 for fiscal year 2023;
(3) $114,000,000 for fiscal year 2024;
(4) $116,000,000 for fiscal year 2025; and
(5) $118,000,000 for fiscal year 2026.
(i)
(j)
(k)
(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; Pub. L. 117–58, div. A, title I, §11121, div. G, title XI, §71103(g)(1), Nov. 15, 2021, 135 Stat. 497, 1326.)
2021—Subsec. (h). Pub. 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). Pub. L. 117–58, §71103(g)(1), added subsec. (k).
2015—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.
Amendment by section 11121 of Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.
Amendment 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.
Amendment 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.
Pub. L. 117–58, div. A, title I, §11117(b), Nov. 15, 2021, 135 Stat. 483, provided that:
"(1)
"(2)
Pub. L. 117–58, div. G, title XI, §71102, Nov. 15, 2021, 135 Stat. 1325, provided that:
"(a)
"(1)
"(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)
"(3)
"(b)
"(c)
"(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)
Pub. L. 117–58, div. G, title XI, §71103, Nov. 15, 2021, 135 Stat. 1326, provided that:
"(a)
"(1)
"(2)
"(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)
"(4)
"(b)
"(c)
"(d)
"(e)
"(1)
"(2)
"(f)
"(g)
"(1) [Amended this section.]
"(2) [Amended section 218 of this title.]"
Pub. 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."