The  Ferry Boat Discretionary (FBD) Program  provides for a special funding category for the construction of ferry boats and ferry terminal facilities. This was created by Section 1064 of the Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102-240). Section 1207 of the Transportation Equity Act for the 21st Century (TEA-21, Public Law 105-178) reauthorized the FBD and was continued through the Surface Transportation Extension Acts. Section 1801 of the Safe, Accountable, Flexible, Efficient Transportation Act: A Legacy for Users (SAFETEA-LU) Public Law 109-59 further continued and added the program to 23 U.S.C. as section 147,” construction of ferry boats and ferry terminal facilities.” Additional funding was provided by the American Recovery and Reinvestment Act of 2009 (Recovery Act, Public Law 111-5). The FBD has been continued for FY 2010 by the Surface Transportation Extension Act of 2010 (Public Law 111-147).

Statutory References