Title 49, TransportationRelease 119-102

§22102 Eligibility

Title 49 › SUBTITLE V — RAIL PROGRAMS › PART B — ASSISTANCE › CHAPTER 221 — LOCAL RAIL FREIGHT ASSISTANCE › § 22102

Last updated Aug 21, 2026|Official source

Summary

A State can get federal rail money only if it follows rules set by the Secretary of Transportation and the Secretary finds the State meets certain requirements. The State must have a good rail plan and a way to update it. One designated state agency must run or coordinate the plan and make sure money and resources are shared fairly. That agency must be allowed to improve and support safe, useful, and efficient rail service. It must have or hire trained staff, run research and improvement programs with chances for public input, and be directed to take practical steps—by itself or with other state agencies—to make rail travel safer and to cut energy use and pollution. The State must also have or promise to set up proper money controls, accounting, and checks on performance so the federal funds are used correctly.

Full Legal Text

Title 49, §22102

Transportation, Source: USLM XML via OLRC

A State is eligible to receive financial assistance under this chapter only when the State complies with regulations the Secretary of Transportation prescribes under this chapter and the Secretary decides that—
(1)the State has an adequate plan for rail transportation in the State and a suitable process for updating, revising, and modifying the plan;
(2)the State plan is administered or coordinated by a designated State authority and provides for a fair distribution of resources;
(3)the State authority—
(A)is authorized to develop, promote, supervise, and support safe, adequate, and efficient rail transportation;
(B)employs or will employ sufficient qualified and trained personnel;
(C)maintains or will maintain adequate programs of investigation, research, promotion, and development with opportunity for public participation; and
(D)is designated and directed to take all practicable steps (by itself or with other State authorities) to improve rail transportation safety and reduce energy use and pollution related to transportation; and
(4)the State has ensured that it maintains or will maintain adequate procedures for financial control, accounting, and performance evaluation for the proper use of assistance provided by the United States Government.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 2210249 App.:1654(a).Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, § 5(a); added Feb. 5, 1976, Pub. L. 94–210, § 803, 90 Stat. 130; Nov. 8, 1978, Pub. L. 95–607, §§ 102–106(a), 107–109(a), 92 Stat. 3059, 3062; Oct. 12, 1979, Pub. L. 96–86, § 115(b), 93 Stat. 662; Aug. 13, 1981, Pub. L. 97–35, §§ 1191, 1192, 95 Stat. 699; Jan. 14, 1983, Pub. L. 97–468, § 501, 96 Stat. 2551; Apr. 7, 1986, Pub. L. 99–272, § 4018, 100 Stat. 111; restated Dec. 11, 1989, Pub. L. 101–213, § 2(a), (c), 103 Stat. 1843, 1844. In this section, before clause (1), the words “and the Secretary decides that” are substituted for “and the Secretary determines that such State meets or exceeds the requirements of paragraphs (1) through (4) of this subsection” to eliminate unnecessary words. In clauses (2) and (3), the word “authority” is substituted for “agency” for consistency in the revised title. In clause (2), the word “fair” is substituted for “equitable” for consistency in the revised title. In clause (3)(A), the words “is authorized” are substituted for “has authority and administrative jurisdiction” to eliminate unnecessary words. In clause (3)(B), the words “directly or indirectly” are omitted as surplus. In clause (4), the word “adopt” is omitted as being included in “maintain”.

Reference

Citations & Metadata

Citation

49 U.S.C. § 22102

Title 49, Transportation

Last Updated

Aug 21, 2026

Release point: 119-102