H.R. 4039: CNMI Ferry Act
Sponsor
Kimberlyn King-Hinds
Republican · MP
Bill Progress
Latest Action · Jun 18, 2025
Assigned to Subcommittee on Highways and Transit. for review
Why it matters
The bill updates federal ferry rules now so the Commonwealth of the Northern Mariana Islands can qualify for funding even if a service is still being planned or established, rather than only if it ran before March 1, 2020.
HR4039, introduced on 2025-06-17, is a targeted fix to the federal ferry program in the Infrastructure Investment and Jobs Act, specifically the note at 23 U.S.C. 147. Its core move is simple: it adds special rules so the Commonwealth of the Northern Mariana Islands is clearly eligible for ferry support under federal law.
Under the existing general definition, an "eligible ferry service" must have operated a regular schedule at some point during the 5-year period ending on March 1, 2020, and must have served at least 2 rural areas more than 50 sailing miles apart. HR4039 keeps that general rule but adds a CNMI-specific definition saying an eligible ferry service in the Northern Mariana Islands can be one that is already operating, or one being planned or established with the intent to operate a regular schedule. That is a major practical change because it opens the door to startup service, not just long-running routes.
The bill also changes how "rural area" works for this program. In general, rural area still means whatever section 5302 of title 49 says it means. But for this program, the Commonwealth of the Northern Mariana Islands, and any area within it, is automatically treated as a rural area. That matters because the general federal rule requires service between rural areas, and this bill removes any doubt that CNMI island communities count.
Finally, the measure expands the program's instructions by requiring funding rules not just for States, but also specifically for the Commonwealth of the Northern Mariana Islands for the establishment and operation of an eligible service. It also updates the definition of "State" to expressly include the Commonwealth of the Northern Mariana Islands alongside the 50 States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and any other U.S. territory or possession. The bill does not state a dollar amount, deadline for grants, or penalty for noncompliance; its effect is structural eligibility, not new money on its face.
What does H.R. 4039 do?
Pre-2020 service rule gets CNMI exception
The bill amends section 71103(a)(2) so that, in general, an eligible ferry service still must have operated a regular schedule during the 5-year period ending on March 1, 2020, and served at least 2 rural areas more than 50 sailing miles apart. But for the Commonwealth of the Northern Mariana Islands, a service qualifies if it is operating, or is being planned or established with the intent to operate, a regular schedule.
All CNMI areas treated as rural
The bill amends section 71103(a)(3) to say that while "rural area" generally keeps the meaning in section 5302 of title 49, the Commonwealth of the Northern Mariana Islands and any area within it are deemed to be a rural area for this program. That removes uncertainty about whether CNMI communities meet the rural-area test.
Federal funding rules must cover CNMI
The bill amends section 71103(c) to require the program to include 2 kinds of funding requirements: requirements for the provision of funds to States, and separate requirements for the provision of funds to the Commonwealth of the Northern Mariana Islands for the establishment and operation of an eligible service.
CNMI added to federal 'State' definition
The bill amends section 71103(a)(5) so "State" includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States.
Bill targets one federal law
HR4039 is focused on one existing law: the Infrastructure Investment and Jobs Act, cited here as 23 U.S.C. 147 note. It does not create a brand-new standalone ferry program; instead, it rewrites definitions and requirements inside the current federal framework.
Who benefits from H.R. 4039?
Residents of the Commonwealth of the Northern Mariana Islands
They could benefit from more reliable inter-island transportation because the bill allows federal support for ferry service that is already operating or is still being planned or established in CNMI, instead of requiring proof that it ran during the 5-year period ending on March 1, 2020.
Prospective CNMI ferry operators
Companies or public entities trying to launch service in CNMI benefit because they would not have to satisfy the general historical-service test tied to March 1, 2020. The bill explicitly covers services being planned or established with the intent to run a regular schedule.
CNMI government and local transportation planners
They gain a clearer legal path to seek federal funds because section 71103(c) would require program rules for providing funds specifically to the Commonwealth of the Northern Mariana Islands for the establishment and operation of an eligible service.
Isolated island communities within CNMI
These communities benefit because every area in CNMI is deemed rural for this program, avoiding disputes over whether a particular island or location fits the rural-area definition under section 5302 of title 49.
Who is affected by H.R. 4039?
Commonwealth of the Northern Mariana Islands
CNMI is directly affected because the bill names it repeatedly: it is added to the definition of "State," all areas within it are deemed rural for this program, and the program must include funding requirements for its ferry establishment and operation.
U.S. Department of Transportation ferry program administrators
Federal officials administering section 71103 would need to apply the new CNMI-specific definitions, including the rule that a CNMI ferry service can qualify even if it is only being planned or established rather than having operated during the 5-year period ending on March 1, 2020.
Other states, territories, and possessions
Jurisdictions already listed or newly confirmed in the "State" definition—such as the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and any other U.S. territory or possession—are affected because the program's legal framework is being broadened to expressly include CNMI alongside them.
Existing ferry applicants under the federal program
Other applicants remain subject to the general rule that an eligible ferry service must have operated on a regular schedule at some point during the 5-year period ending on March 1, 2020, and served not less than 2 rural areas more than 50 sailing miles apart, while CNMI gets a tailored eligibility pathway.
What Congress Is Saying
H.R. 4039 hasn't been debated on the floor yet.
This section updates when a legislator speaks about it on the floor or in committee.
HR4039 Legislative Journey
House: Committee Action
Jun 18, 2025
Referred to the Subcommittee on Highways and Transit.
House: Committee Action
Jun 17, 2025
Referred to the House Committee on Transportation and Infrastructure.
About the Sponsor
Kimberlyn King-Hinds
Republican, Northern Mariana Islands At-Large · 1 years in Congress
Committees: Veterans' Affairs, Small Business, Transportation and Infrastructure
View full profile →
Committee Sponsors
Transportation and Infrastructure Committee
0 of 65 committee members cosponsored
No committee members have cosponsored this bill
34 Republicans across this committee haven't cosponsored yet. Mobilize their constituents
H.R. 4039 Quick Facts
- Committee
- Transportation and Infrastructure
- Chamber
- House
- Policy
- Transportation and Public Works
- Introduced
- Jun 17, 2025
Assigned to Subcommittee on Highways and Transit. for review
Jun 18, 2025
Official Sources
Official bill page with status, text, sponsors, and actions for the CNMI Ferry Act.
FHWA page for the ferry program created under the Infrastructure Investment and Jobs Act that this bill amends for CNMI eligibility.
Official U.S. Code page for the federal ferry program statute referenced in the bill as 23 U.S.C. 147 note.
Official Census page for CNMI that helps ground the bill's references to the Commonwealth and its communities.
H.R. 4039 Common Questions
Can a planned ferry service in the Northern Mariana Islands qualify for federal funding?
Yes. Under the CNMI Ferry Act, a CNMI ferry can qualify if it is operating or being planned or established with the intent to run a regular schedule (SEC. 2(1)(A)).
Does the CNMI Ferry Act waive the March 1, 2020 ferry operation requirement for CNMI?
Yes for CNMI services. According to HR4039 SEC. 2(1)(A), CNMI ferries do not have to show operation during the 5-year period ending March 1, 2020 if they are operating or being planned to operate regularly.
How far apart do ferry routes have to be under the federal eligible ferry service rule?
In the general rule, the service must connect at least 2 rural areas more than 50 sailing miles apart, under the CNMI Ferry Act amendment in SEC. 2(1)(A).
What are the federal eligibility rules for ferry service in the Northern Mariana Islands?
Under the CNMI Ferry Act (SEC. 2(1)(A)), a CNMI ferry qualifies if it is operating, or is being planned or established to operate on a regular schedule.
Is every part of the Northern Mariana Islands treated as a rural area for ferry funding?
Yes. Under the CNMI Ferry Act, the Commonwealth of the Northern Mariana Islands and any area within it are deemed rural for this ferry program (SEC. 2(1)(A)).
Does the bill require federal funding rules specifically for CNMI ferry service?
Yes. According to HR4039 SEC. 2(2), the program must include requirements for providing funds to CNMI for the establishment and operation of an eligible ferry service.
Can federal ferry funds under this bill be used to establish a new CNMI ferry service?
Yes. Under the CNMI Ferry Act (SEC. 2(2)), funding rules must cover CNMI ferry establishment as well as operation of an eligible service.
Does the CNMI count as a State under the federal ferry program?
Yes. The CNMI Ferry Act expressly adds the Commonwealth of the Northern Mariana Islands to the definition of "State" for this program (SEC. 2(1)(A)).
Which U.S. territories are included in the ferry program's definition of State?
Under the CNMI Ferry Act (SEC. 2(1)(A)), the definition includes Puerto Rico, CNMI, the U.S. Virgin Islands, Guam, American Samoa, and other U.S. territories or possessions.
Does the CNMI Ferry Act create a new ferry grant program or change an existing one?
It changes an existing one. Under the CNMI Ferry Act (SEC. 2), HR4039 amends Section 71103 of the Infrastructure Investment and Jobs Act rather than creating a standalone program.
Based on H.R. 4039 bill text
H.R. 4039 Bill Text
“To amend the Infrastructure Investment and Jobs Act to allow the Commonwealth of the Northern Mariana Islands to be eligible to receive certain funding for use providing basic essential ferry service in rural areas, and for other purposes.”
Source: U.S. Government Publishing Office
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