Title 49 — TransportationRelease 119-73
§24903 General authority
Title 49 › Subtitle SUBTITLE V— - RAIL PROGRAMS › Part PART C— - PASSENGER TRANSPORTATION › Chapter CHAPTER 249— - NORTHEAST CORRIDOR IMPROVEMENT PROGRAM › § 24903
Summary
Amtrak can buy, own, sell, or take land and other property to build better high-speed rail under section 24902 and related laws. It can run freight, intercity, and commuter trains on that property. Amtrak may upgrade the tracks between Boston and the District of Columbia (including the Springfield route and routes to Harrisburg, Pennsylvania, and Albany, New York), build or fix stations, power and communications systems, crossings, and other needed equipment, make deals with other rail carriers and commuter agencies under the 1973 and 1976 reorganization laws and chapter 224, and appoint a general manager for the Northeast Corridor improvement program. Freight and commuter service must be run under agreements that pay Amtrak’s costs. Those agreements must fairly reimburse costs and must not let one type of service pay for another. If parties cannot agree, the Surface Transportation Board will order service to continue and set payments within 120 days, assigning direct costs plus a fair share of shared costs based on use. Parties can still make their own deal afterward.
Full Legal Text
Title 49, §24903
Transportation — Source: USLM XML via OLRC
(a)To carry out this chapter and the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.), Amtrak may—
(1)acquire, maintain, and dispose of any interest in property used to provide improved high-speed rail transportation under section 24902 of this title;
(2)acquire, by condemnation or otherwise, any interest in real property that Amtrak considers necessary to carry out the goals of section 24902;
(3)provide for rail freight, intercity rail passenger, and commuter rail passenger transportation over property acquired under this section;
(4)improve rail rights of way between Boston, Massachusetts, and the District of Columbia (including the route through Springfield, Massachusetts, and routes to Harrisburg, Pennsylvania, and Albany, New York, from the Northeast Corridor main line) to achieve the goals of section 24902 of providing improved high-speed rail passenger transportation between Boston, Massachusetts, and the District of Columbia, and intermediate intercity markets;
(5)acquire, build, improve, and install passenger stations, communications and electric power facilities and equipment, public and private highway and pedestrian crossings, and other facilities and equipment necessary to provide improved high-speed rail passenger transportation over rights of way improved under clause (4) of this subsection;
(6)make agreements with other carriers and commuter authorities to grant, acquire, or make arrangements for rail freight or commuter rail passenger transportation over, rights of way and facilities acquired under the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.), the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.), and chapter 224 of this title; and
(7)appoint a general manager of the Northeast Corridor improvement program.
(b)Rail freight and commuter rail passenger transportation provided under subsection (a)(3) of this section shall be provided under compensatory agreements with the responsible carriers.
(c)(1)An agreement under subsection (a)(6) of this section shall provide for reasonable reimbursement of costs but may not cross-subsidize intercity rail passenger, commuter rail passenger, and rail freight transportation.
(2)If the parties do not agree, the Surface Transportation Board shall order that the transportation continue over facilities acquired under the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.), the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.), and chapter 224 of this title and shall determine compensation (without allowing cross-subsidization between commuter rail passenger and intercity rail passenger and rail freight transportation) for the transportation not later than 120 days after the dispute is submitted. The Board shall assign to a rail carrier obtaining transportation under this subsection the costs Amtrak incurs only for the benefit of the carrier, plus a proportionate share of all other costs of providing transportation under this paragraph incurred for the common benefit of Amtrak and the carrier. The proportionate share shall be based on relative measures of volume of car operations, tonnage, or other factors that reasonably reflect the relative use of rail property covered by this subsection.
(3)This subsection does not prevent the parties from making an agreement under subsection (a)(6) of this section after the Board makes a decision under this subsection.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Pub. L. 103–272 Revised SectionSource (U.S. Code)Source (Statutes at Large) 24904(a) (words before (1))45:851(a) (words before (1)).Feb. 5, 1976, Pub. L. 94–210, § 701(a)(1), (3)–(8), 90 Stat. 119. 24904(a)(1)45:851(a)(1). 45:855(b).Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, § 705(b); added May 30, 1980, Pub. L. 96–254, § 206(a), 94 Stat. 413; Jan. 14, 1983, Pub. L. 97–468, § 301(5)(B), 96 Stat. 2550. 24904(a)(2)45:854(h).Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, § 704(h); added May 30, 1980, Pub. L. 96–254, § 204(b), 94 Stat. 411. 45:855(b). 24904(a)(3)45:851(a)(3) (less proviso). 24904(a)(4)45:851(a)(4). 24904(a)(5)45:851(a)(5). 24904(a)(6)45:562(a)(2) (1st sentence).Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 402(a)(2); added Feb. 5, 1976, Pub. L. 94–210, § 706(a), 90 Stat. 123; May 30, 1980, Pub. L. 96–254, § 206(a), 94 Stat. 412; Apr. 7, 1986, Pub. L. 99–272, § 4017(b)(2)–(5), 100 Stat. 111. 45:851(a)(6) (words before 8th comma). 24904(a)(7)45:851(a)(7). 24904(a)(8)45:851(a)(8). 24904(b)45:851(a)(3) (proviso). 24904(c)(1)45:851(a)(6) (words after 8th comma). 24904(c)(2)45:562(a)(2) (2d–5th sentences). 24904(c)(3)45:562(a)(2) (last sentence). In subsection (a), before clause (1), the words “the purposes of” are omitted as surplus. The words “this part” are substituted for “this subchapter, the Rail Passenger Service Act [45 U.S.C. 501 et seq.]” for clarity because subchapter III of chapter 17 of title 45, United States Code, and the Rail Passenger Service Act make up part C of subtitle V of the revised title. In clause (1), the words “by purchase, lease, exchange, gift, or otherwise, and to hold . . . sell, lease, or otherwise”, “real or personal”, and “which is necessary or” are omitted as surplus. The words “to provide” are substituted for “establishing and maintaining” for consistency in this chapter. In clause (2), the words “for the United States, by lease, purchase, condemnation, or otherwise” and “(including lands, easements, and rights-of-way, and any other property interests, including contract rights) are omitted as surplus. In clause (3), the words “the continuous operation and maintenance of” are omitted as surplus. In clause (4), the words “Washington” and “at its option” are omitted as surplus. In clause (5), the words “other safety facilities or equipment . . . any” and “which it determines are” are omitted as surplus. In clause (6), the words “Notwithstanding any other provision of this chapter”, “tracks, rights-of-way and other”, and “by the Corporation” in 45:562(a)(2) (1st sentence) and “other railroads” and “trackage rights, contract services, and other appropriate” in 45:851(a)(6) are omitted as surplus. In clause (7), the words “qualified individual to serve as the” are omitted as surplus. In clause (8), the words “on a basis which is consistent with, and” are omitted as surplus. In subsection (c)(1), the words “shall provide for” are substituted for “to be on such terms and conditions as are necessary to” to eliminate unnecessary words. The word “reasonable” is substituted for “on an equitable and fair basis” for consistency in the revised title. In subsection (c)(2), the words “If the parties do not” are substituted for “In the event of a failure to” for clarity. The words “to be provided”, “consistent with equitable and fair compensation principles”, “proper amount of”, “the provision of”, and “the date of” are omitted as surplus. In subsection (c)(3), the words “either before or” are omitted as surplus because the National Railroad Passenger Corporation may make agreements on arrangements for rail freight or commuter rail transportation under subsection (a)(6) of this section and this subsection applies only when there is no agreement. Pub. L. 103–429This amends 49:24904(a)(2) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 934).
Editorial Notes
References in Text
The Regional Rail Reorganization Act of 1973, referred to in subsecs. (a) and (c)(2), is Pub. L. 93–236, Jan. 2, 1974, 87 Stat. 985, which is classified principally to chapter 16 (§ 701 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see
Short Title
note set out under section 701 of Title 45 and Tables. The Railroad Revitalization and Regulatory Reform Act of 1976, referred to in subsecs. (a)(6) and (c)(2), is Pub. L. 94–210, Feb. 5, 1976, 90 Stat. 31. For complete classification of this Act to the Code, see
Short Title
note set out under section 801 of Title 45 and Tables.
Prior Provisions
A prior section 24903, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 933; Pub. L. 104–287, § 5(48), Oct. 11, 1996, 110 Stat. 3393, related to program master plan for Boston-New York main line, prior to repeal by Pub. L. 105–134, title IV, § 405(a), Dec. 2, 1997, 111 Stat. 2586.
Amendments
2021—Subsec. (a)(6). Pub. L. 117–58, § 21301(j)(4)(F)(i), substituted “, the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.), and chapter 224 of this title” for “and the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.)”. Subsec. (c)(2). Pub. L. 117–58, § 21301(j)(4)(F)(ii), substituted “, the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.), and chapter 224 of this title” for “and the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.)”. 2015—Pub. L. 114–94 renumbered section 24904 of this title as this section. 2012—Subsec. (c)(2). Pub. L. 112–141 substituted “Surface Transportation Board” for “Interstate Commerce Commission” and “Board” for “Commission”. Subsec. (c)(3). Pub. L. 112–141, § 32932(c)(4)(B), substituted “Board” for “Commission”. 2008—Subsec. (c)(2). Pub. L. 110–432 inserted “commuter rail passenger and” after “between” in first sentence and struck out “freight” after “rail” in second sentence. 1997—Subsec. (a)(6) to (8). Pub. L. 105–134 inserted “and” at end of par. (6), substituted a period for “; and” at end of par. (7), and struck out par. (8) which read as follows: “make agreements with telecommunications common carriers, subject to the Communications Act of 1934 (47 U.S.C. 151 et seq.), to continue existing, and establish new and improved, passenger radio mobile telephone service in the high-speed rail passenger transportation area specified in section 24902(a)(1) and (2).” 1994—Subsec. (a)(2). Pub. L. 103–429 inserted “, by condemnation or otherwise,” after “acquire”.
Statutory Notes and Related Subsidiaries
Effective Date
of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date
of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Effective Date
of 1994 AmendmentAmendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
Reference
Citations & Metadata
Citation
49 U.S.C. § 24903
Title 49 — Transportation
Last Updated
Apr 6, 2026
Release point: 119-73