1.This Act may be cited as the
United States Ferry Systems Investment
Act of 2009
.
2.Congress finds the following:
(1)Ferries are a
vital part of the United States transportation system, carrying more than
100,000,000 passengers annually in at least 38 States.
(2)In many congested
metropolitan areas, ferries are one of the few remaining options for
significant transportation capacity expansion.
(3)Ferries are the
sole or primary transportation connection for many island and isolated
communities.
(4)Ferries provide a
critical emergency evacuation alternative for both large cities and remote
locations.
(5)Ferries can be
part of an interim solution when transportation infrastructure fails, for
example after the terrorist attacks in New York on September 11, 2001,
disrupted train service and after part of the San Francisco Bay Bridge
collapsed in the Loma Prieta earthquake, ferries were used to provide interim
transportation.
(6)Ferries offer a
relatively energy-efficient, environmentally friendly, and low-stress mode of
travel.
(7)Almost all of the
largest and important ferry services are publicly owned or provide
transportation at public terminals, are integrated with other transportation
modes, and are operated in a manner to serve the public interest.
(8)According to the
Secretary of Transportation, almost 25 percent of United States ferries are 40
years or older and 5 percent of United States ferries are 60 years or
older.
(9)Federal investment
in the United States ferry system is necessary because—
(A)of the unique and
important role ferries play in the United States transportation system;
(B)of the large and
growing need for new and replacement ferry vessels and terminals; and
(C)ferries do not fit
neatly into other Federal mode-specific transportation programs.
(10)The distribution
of Federal ferry funds by formula is appropriate because that method of
distribution would dedicate funding to the largest and most important public
ferry systems.
(11)The distribution
of Federal ferry funds by discretionary awards is also appropriate because that
method of distribution would help initiate and expand ferry services throughout
the United States.
3.In this Act, the term
Secretary means the Secretary of Transportation.
4.Construction of
ferry boats and ferry terminal facilitiesSection 147 of title 23, United States Code,
is amended by striking subsections (c), (d), and (e) and inserting the
following:
(c)The funds made available to carry out this section in each
fiscal year shall be allocated to those ferry systems and public entities
responsible for developing ferries as follows:
(1)Fifty percent of
such funds shall be allocated at the discretion of the Secretary.
(2)Fifty percent of
such funds shall be allocated in accordance with the formula set out in
subsection (d).
(d)The
funds referred to in subsection (c)(2) shall be distributed as follows:
(1)Fifty percent
shall be based on the total annual number of passengers carried by a ferry
system.
(2)Twenty-five
percent shall be based on the total annual number of vehicles carried by a
ferry system.
(3)Twenty-five
percent shall be based on the total route miles serviced by a ferry
system.
(e)
(1)There shall be available to the Secretary from the
Highway Trust Fund (other than the Mass Transit Account) $200,000,000 for each
of the fiscal years 2010, 2011, 2012, 2013, 2014, and 2015 to carry out this
section.
(2)Notwithstanding section 118(b), funds made available
to carry out this section shall remain available until
expended.
.
5.Eligibility of
ferries for the clean fuels grant programSection 5308 of title 49, United States
Code, is amended—
(1)in paragraph (2)
of subsection (a)—
(A)in clause (i), by
striking the semicolon and inserting a comma and or ferries;
;
and
(B)in clause (iii),
by striking the semicolon and inserting or ferries;
; and
(2)in subsection
(c)—
(A)in the heading, by
striking the period and inserting and ferries.
; and
(B)by striking the
period at the end and inserting or ferries.
.
6.Ferry Joint
Program Office
(a)Establishment
and purpose
(1)The
Secretary shall establish within the Department of Transportation a Ferry Joint
Program Office (in this section, referred to as the Office) for
the purposes described in paragraph (2).
(2)The
purposes of the Office shall be—
(A)to coordinate
Federal programs affecting ferry and ferry facility construction, maintenance,
operations, and security; and
(B)to promote
transportation by ferry as a component of the United States transportation
system.
(b)The
head of the Office shall carry out the following functions:
(1)Coordinating
programs related to ferry transportation carried out by the Department of
Transportation, including programs carried out by the Federal Highway
Administration, the Federal Transit Administration, the Maritime
Administration, and the Research and Innovative Technology Administration, and
such programs carried out by the Department of Homeland Security and other
Federal and State agencies, as appropriate.
(2)Ensuring resource
accountability for programs carried out by the Secretary related to ferry
transportation.
(3)Providing
strategic leadership for research, development, testing, and deployment of
technologies related to ferry transportation.
(4)Promoting ferry
transportation as a means to reduce social, economic, and environmental costs
associated with traffic congestion.
(5)Developing energy
efficient operating models to reduce carbon emissions associated with ferry
transportation.
7.Subsection (e) of
section 1801 of the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (Public Law 109–59; 23 U.S.C. 129 note) is
amended—
(1)in paragraph (2),
by inserting , including any Federal, State, or local government funding
sources,
after sources
; and
(2)in paragraph
(4)—
(A)in subparagraph
(B), by striking and
at the end;
(B)by redesignating
subparagraph (C) as subparagraph (D);
(C)by inserting after
subparagraph (B), the following:
(C)ensure that the
database is consistent with the national transit database maintained by the
Federal Transit Administration
;
and
(D)in subparagraph
(D), as redesignated by subparagraph (B), by striking 2009
and
inserting 2015
.
8.National Ferry
Transportation Institute
(a)Not
later than 1 year after the date of enactment of this Act, the Secretary shall
award a grant to a college to establish a National Ferry Transportation
Institute (in this section, referred to as an Institute) at the
college.
(b)The
Secretary shall award and administer the grant under subsection (a) in
cooperation with the heads of appropriate entities of the Department of
Transportation and of the appropriate State transportation department, public
ferry transportation authorities, private ferry operators, ferry builders,
ferry transportation employees, and other colleges, universities, and research
institutes.
(c)The
Institute—
(1)shall—
(A)conduct research
and recommend development activities on methods of improving ferry
transportation programs in the United States, including methods of reducing
wake, providing alternative propulsion, integrating use of clean, renewable
fuels, and testing advanced materials for use in ferry construction;
(B)develop and
conduct training programs for ferry transportation system employees, United
States Government employees, and other individuals, as appropriate, on
developments, techniques, and procedures pertaining to the construction and
operation of ferries;
(C)encourage and
assist collaborative efforts by public and private entities to preserve,
improve, and expand the use of ferries as a mode of transportation;
(D)preserve, utilize,
and display historical information about the use of ferry transportation in the
United States and in foreign countries; and
(E)develop models and
recommendations to enhance security on ferries and in and around ferry
facilities; and
(2)may provide funds
from a grant under subsection (a) to a contractor or other entity to assist the
Institute in carrying out the functions described in subparagraphs (A) through
(E) of paragraph (1).
(d)The Secretary shall award the grant under subsection (a)
on the basis of the following criteria:
(1)The extent to
which the needs of the State in which the applicant is located are
representative of the importance of public and private ferries to the region’s
transportation system, including both regional travel and long-range travel and
service to isolated communities.
(2)The historical
importance of ferry transportation to the region in which the applicant is
located.
(3)The history and
diversity of such region in the maritime community, including ferry
construction and repair and other shipbuilding activities.
(4)The anticipated
growth of ferry transportation and the building of ferries in such
region.
(5)The availability
of public-private collaboration in such region.
(6)The demonstrated
research and extension resources available to the applicant to successfully
carry out the functions described in subsection (c).
(e)Requirement for
non-Federal fundingA college may not be awarded the grant under
subsection (a) unless the college is able to provide 25 percent of the costs
associated with establishing, operating, and maintaining the Institute and the
research and development activities carried out by the Institute from
non-Federal sources.
(f)Not
later than 1 year after the date of enactment of this Act, and annually
thereafter, the Secretary shall submit to Congress a report on activities
carried out under this section, including a description of the activities
carried out by the Institute.
(g)Authorization of
appropriationsThere are authorized to be appropriated to the
Secretary $5,000,000 for each of fiscal years 2010, 2011, 2012, 2013, 2014, and
2015 to carry out this section.