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23 U.S.C. § 147 — Construction of ferry boats and ferry terminal facilities

Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 147 — Construction of ferry boats and ferry terminal facilities

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Source file: Laws/federal/codes/united-states-code/title-23/section-147-construction-of-ferry-boats-and-ferry-terminal-facilities--5ce0f74940.md
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Source location: Title 23, Chapter 1, § 147; chapter-001-federal-aid-highways.md

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**(a) Program.—** The Secretary shall carry out a program for construction of ferry boats and ferry terminal facilities in accordance with section 129(c). **(b) Federal Share.—** The Federal share of the cost of construction of ferry boats, ferry terminals, and ferry maintenance facilities under this section shall be 80 percent. **(c) Distribution of Funds.—** Of the amounts made available to ferry systems and public entities responsible for developing ferries under this section for a fiscal year, 100 percent shall be allocated in accordance with the formula set forth in subsection (d). **(d) Formula.—** Of the amounts allocated under subsection (c)— (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) Redistribution of Unobligated Amounts.—** The Secretary shall— (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) Minimum Amount.—** Notwithstanding subsection (c), a State with an eligible entity that meets the requirements of this section shall receive not less than $100,000 under this section for a fiscal year. **(g) Implementation.—** (1) **Data collection.—** (A) *National ferry database.—* — Amounts made available for a fiscal year under this section shall be allocated using the most recent data available, as collected and imputed in accordance with the national ferry database established under section 1801(e) of SAFETEA–LU ([23 U.S.C. 129](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section129&num=0&edition=prelim) note). (B) *Eligibility for funding.—* — To be eligible to receive funds under subsection (c), data shall have been submitted in the most recent collection of data for the national ferry database under section 1801(e) of SAFETEA–LU ([23 U.S.C. 129](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section129&num=0&edition=prelim) note) for at least 1 ferry service within the State. (2) **Adjustments.—** — On review of the data submitted under paragraph (1)(B), the Secretary may make adjustments to the data as the Secretary determines necessary to correct misreported or inconsistent data. **(h) Authorization of Appropriations.—** There are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section— (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) Period of Availability.—** Notwithstanding section 118(b), funds made available to carry out this section shall remain available until expended. **(j) Applicability.—** All provisions of this chapter that are applicable to the National Highway System, other than provisions relating to apportionment formula and Federal share, shall apply to funds made available to carry out this section, except as determined by the Secretary to be inconsistent with this section. **(k) Additional Uses.—** Notwithstanding any other provision of law, in addition to other uses of funds under this section, an eligible entity may use amounts made available under this section to pay the operating costs of the eligible entity.

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Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 218 — Alaska Highway

**(a)** Recognizing the benefits that will accrue to the State of Alaska and to the United States from the reconstruction of the Alaska Highway from the Alaskan border at Beaver Creek, Yukon Territory, to Haines Junction in Canada and the Haines Cutoff Highway from Haines Junction in Canada to Haines, Alaska, the Secretary may provide for the necessary reconstruction of the highway using funds awarded through an applicable competitive grant program, if the highway meets all applicable eligibility requirements for the program, except for the specific requirements established by the agreement for the Alaska Highway Project between the Government of the United States and the Government of Canada. In addition to the funds described in the previous sentence, notwithstanding any other provision of law and on agreement with the State of Alaska, the Secretary is authorized to expend on such highway or the Alaska Marine Highway System any Federal-aid highway funds apportioned to the State of Alaska under this title at a Federal share of 100 per centum. No expenditures shall be made for the construction of the portion of such highways that are in Canada unless an agreement is in place between the Government of Canada and the Government of the United States (including an agreement in existence on the date of enactment of the Surface Transportation Reauthorization Act of 2021) that provides, in part, that the Canadian Government— (1) will provide, without participation of funds authorized under this title, all necessary right-of-way for the reconstruction of such highways; (2) will not impose any highway toll, or permit any such toll to be charged for the use of such highways by vehicles or persons; (3) will not levy or assess, directly or indirectly, any fee, tax, or other char

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49 U.S.C. § 5302 — Definitions

Except as otherwise specifically provided, in this chapter the following definitions apply: (1) **Assault on a transit worker.—** — The term “assault on a transit worker” means a circumstance in which an individual knowingly, without lawful authority or permission, and with intent to endanger the safety of any individual, or with a reckless disregard for the safety of human life, interferes with, disables, or incapacitates a transit worker while the transit worker is performing the duties of the transit worker. (2) **Associated transit improvement.—** — The term “associated transit improvement” means, with respect to any project or an area to be served by a project, projects that are designed to enhance public transportation service or use and that are physically or functionally related to transit facilities. Eligible projects are— (A) historic preservation, rehabilitation, and operation of historic public transportation buildings, structures, and facilities (including historic bus and railroad facilities) intended for use in public transportation service; (B) bus shelters; (C) functional landscaping and streetscaping, including benches, trash receptacles, and street lights; (D) pedestrian access and walkways; (E) bicycle access, including bicycle storage shelters and parking facilities and the installation of equipment for transporting bicycles on public transportation vehicles; (F) signage; or (G) enhanced access for persons with disabilities to public transportation. (3) **Bus rapid transit system.—** — The term “bus rapid transit system” means a bus transit system— (A) in which the majority of each line operates in a separated right-of-way dedicated for public transportation use during peak periods; and (B) that includes features that e

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5313 — Positions at level II

Level II of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):

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Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 101 — Definitions and declaration of policy

**(a) Definitions.—** In this title, the following definitions apply: (1) **Apportionment.—** — The term “apportionment” includes unexpended apportionments made under prior authorization laws. (2) **Asset management.—** — The term “asset management” means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost. (3) **Carpool project.—** — The term “carpool project” means any project to encourage the use of carpools and vanpools, including provision of carpooling opportunities to the elderly and individuals with disabilities, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided. (4) **Construction.—** — The term “construction” means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway or any project eligible for assistance under this title, including bon

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Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 129 — Toll roads, bridges, tunnels, and ferries

**(a) Basic Program.—** (1) **Authorization for federal participation.—** — Subject to the provisions of this section, Federal participation shall be permitted on the same basis and in the same manner as construction of toll-free highways is permitted under this chapter in the— (A) initial construction of a toll highway, bridge, or tunnel or approach to the highway, bridge, or tunnel; (B) initial construction of 1 or more lanes or other improvements that increase capacity of a highway, bridge, or tunnel (other than a highway on the Interstate System) and conversion of that highway, bridge, or tunnel to a tolled facility, if the number of toll-free lanes, excluding auxiliary lanes, after the construction is not less than the number of toll-free lanes, excluding auxiliary lanes, before the construction; (C) initial construction of 1 or more lanes or other improvements that increase the capacity of a highway, bridge, or tunnel on the Interstate System and conversion of that highway, bridge, or tunnel to a tolled facility, if the number of toll-free non-HOV lanes, excluding auxiliary lanes, after such construction is not less than the number of toll-free non-HOV lanes, excluding auxiliary lanes, before such construction; (D) reconstruction, resurfacing, restoration, rehabilitation, or replacement of a toll highway, bridge, or tunnel or approach to the highway, bridge, or tunnel; (E) reconstruction or replacement of a toll-free bridge or tunnel and conversion of the bridge or tunnel to a toll facility; (F) reconstruction of a toll-free Federal-aid highway (other than a highway on the Interstate System) and conversion of the highway to a toll facility; (G) reconstruction, restoration, or rehabilitation of a highway on the Interstate System if the number

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Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 120 — Federal share payable

**(a) Interstate System Projects.—** (1) **In general.—** — Except as otherwise provided in this chapter, the Federal share payable on account of any project on the Interstate System (including a project to add high occupancy vehicle lanes and a project to add auxiliary lanes but excluding a project to add any other lanes) shall be 90 percent of the total cost thereof, plus a percentage of the remaining 10 percent of such cost in any State containing unappropriated and unreserved public lands and nontaxable Indian lands, individual and tribal, exceeding 5 percent of the total area of all lands therein, equal to the percentage that the area of such lands in such State is of its total area; except that such Federal share payable on any project in any State shall not exceed 95 percent of the total cost of such project. (2) **State-determined lower federal share.—** — In the case of any project subject to paragraph (1), a State may determine a lower Federal share than the Federal share determined under such paragraph. **(b) Other Projects.—** Except as otherwise provided in this title, the Federal share payable on account of any project or activity carried out under this title (other than a project subject to subsection (a)) shall be— (1) 80 percent of the cost thereof, except that in the case of any State containing nontaxable Indian lands, individual and tribal, and public domain lands (both reserved and unreserved) exclusive of national forests and national parks and monuments, exceeding 5 percent of the total area of all lands therein, the Federal share, for purposes of this chapter, shall be increased by a percentage of the remaining cost equal to the percentage that the area of all such lands in such State, is of its total area; or (2) 80 percent of the cost ther

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Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 129 — Toll roads, bridges, tunnels, and ferries

Page 146 TITLE 23—HIGHWAYS § 129 (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 902; Pub. L. 90–495, § 24, Aug. 23, 1968, 82 Stat. 828; Pub. L. 91–605, title I, § 135, Dec. 31, 1970, 84 Stat. 1734; Pub. L. 105–178, title I, § 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193.) Editorial Notes AMENDMENTS 1998—Pub. L. 105–178 substituted ‘‘State transpor- tation department’’ for ‘‘State highway department’’ wherever appearing. 1970—Subsec. (a). Pub. L. 91–605, § 135(a), provided for submission of a report by the State highway depart- ment involved indicating consideration given to eco- nomic, social, environmental, and other effects of the plan or highway location or design plus the various al- ternatives which were considered. Subsec. (b). Pub. L. 91–605, § 135(b), inserted reference to report to be submitted by the State highway depart- ment together with the certification of public hearings. 1968—Subsec. (a). Pub. L. 90–495 inserted social effect of projects, the impact on environment, and their con- sistency with the goals and objectives of such urban planning as has been promulgated by the community to the list of factors to be considered by State highway departments in looking over projects involving the by- passing or passing through of municipalities. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–495 effective Aug. 23, 1968, see section 37 of Pub. L. 90–495, set out as a note under section 101 of this title. § 129. Toll roads, bridges, tunnels, and ferries (a) BASIC PROGRAM.— (1) AUTHORIZATION FOR FEDERAL PARTICIPA- TION.—Subject to the provisions of this sec- tion, Federal participation shall be permitted on the same basis and in the same manner as construction of toll-free highways is permitted

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Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 147 — Construction of ferry boats and ferry ter-

Page 238 TITLE 23—HIGHWAYS § 147 more cost-effective, and to avoid duplication of effort. Such plan shall list statutory changes needed to imple- ment such a plan, which shall be sent to Congress no later than March 30, 1980.’’ [‘‘Federal Transit Administration’’ substituted for ‘‘Urban Mass Transit Administration’’ in section 126(h) of Pub. L. 95–599, set out above, pursuant to section 3004(a) of Pub. L. 102–240, set out as a note under sec- tion 107 of Title 49, Transportation.] FEDERAL FACILITY RIDESHARING PROGRAM For provisions relating to the Federal Facilities Ridesharing Program, see Ex. Ord. No. 12191, Feb. 1, 1980, 45 F.R. 7997, set out as a note under section 6361 of Title 42, The Public Health and Welfare. § 147. Construction of ferry boats and ferry ter- minal facilities (a) PROGRAM.—The Secretary shall carry out a program for construction of ferry boats and ferry terminal facilities in accordance with sec- tion 129(c). (b) FEDERAL SHARE.—The Federal share of the cost of construction of ferry boats, ferry termi- nals, and ferry maintenance facilities under this section shall be 80 percent. (c) DISTRIBUTION OF FUNDS.—Of the amounts made available to ferry systems and public enti- ties responsible for developing ferries under this section for a fiscal year, 100 percent shall be al- located in accordance with the formula set forth in subsection (d). (d) FORMULA.—Of the amounts allocated under subsection (c)— (1) 35 percent shall be allocated among eligi- ble entities in the proportion that— (A) the number of ferry passengers, includ- ing 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, includ- ing passengers in vehicles, carri

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