H.R. 8200 — Interstate Ferry Fairness Act

This section expands eligibility for federal funding under the Ferry Boat Program (23 U.S.C. 147) and related highway programs to include privately owned or majority privately owned ferries and ferry terminal facilities that (1) operate on routes classified as public roads (not Interstate or public transit ferries) or between adjoining states connecting public roads; (2) provide substantial public benefits, as determined by the Secretary of Transportation, or meet foremost surface transportation needs; and (3) with respect to inter-state ferries, allow federal participation in their construction or purchase for private ownership. The section further permits such private inter-state ferries to charge fares covering operation, maintenance, debt service, management fees, and a reasonable rate of return (with excess revenues restricted to those costs), and makes conforming changes to broaden fund recipients to all eligible entities (not just public entities). (As background, the Ferry Boat Program allocates funds by formula—35% by passengers, 35% by vehicles, and 30% by route nautical miles—with an 80% federal share and $100,000 minimum per qualifying state.) The amendments apply to private ferries one year after enactment.