US Code

Public Law 119-88 (05/04/2026)

49 U.S.C. § 10501

General jurisdiction

(a)
(1)
Subject to this chapter, the Board has jurisdiction over transportation by rail carrier that is—
(A)
only by railroad; or
(B)
by railroad and water, when the transportation is under common control, management, or arrangement for a continuous carriage or shipment.
(2)
Jurisdiction under paragraph (1) applies only to transportation in the United States between a place in—
(A)
a State and a place in the same or another State as part of the interstate rail network;
(B)
a State and a place in a territory or possession of the United States;
(C)
a territory or possession of the United States and a place in another such territory or possession;
(D)
a territory or possession of the United States and another place in the same territory or possession;
(E)
the United States and another place in the United States through a foreign country; or
(F)
the United States and a place in a foreign country.
(b)
The jurisdiction of the Board over—
(1)
transportation by rail carriers, and the remedies provided in this part with respect to rates, classifications, rules (including car service, interchange, and other operating rules), practices, routes, services, and facilities of such carriers; and
(2)
the construction, acquisition, operation, abandonment, or discontinuance of spur, industrial, team, switching, or side tracks, or facilities, even if the tracks are located, or intended to be located, entirely in one State,
is exclusive. Except as otherwise provided in this part, the remedies provided under this part with respect to regulation of rail transportation are exclusive and preempt the remedies provided under Federal or State law.
(c)
(1)
In this subsection—
(A)
the term “local governmental authority”—
(i)
section 5302 of this title has the same meaning given that term by ; and
(ii)
includes a person or entity that contracts with the local governmental authority to provide transportation services; and
(B)
section 5302 of this title the term “public transportation” means transportation services described in that are provided by rail.
(2)
Except as provided in paragraph (3), the Board does not have jurisdiction under this part over—
(A)
public transportation provided by a local government authority; or
(B)
section 10908 of this title a solid waste rail transfer facility as defined in , except as provided under sections 10908 and 10909 of this title.
(3)
(A)
Notwithstanding paragraph (2) of this subsection, a local governmental authority, described in paragraph (2), is subject to applicable laws of the United States related to—
(i)
safety;
(ii)
the representation of employees for collective bargaining; and
(iii)
employment, retirement, annuity, and unemployment systems or other provisions related to dealings between employees and employers.
(B)
The Board has jurisdiction under sections 11102 and 11103 of this title over transportation provided by a local governmental authority only if the Board finds that such governmental authority meets all of the standards and requirements for being a rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission that were in effect immediately before . The enactment of the ICC Termination Act of 1995 shall neither expand nor contract coverage of employees and employers by the Railway Labor Act, the Railroad Retirement Act of 1974, the Railroad Retirement Tax Act, and the Railroad Unemployment Insurance Act.

Pub. L. 104–88, title I, § 102(a)109 Stat. 807 Pub. L. 104–287, § 5(21)110 Stat. 3390 Pub. L. 110–432, div. A, title VI, § 602122 Stat. 4900 Pub. L. 114–94, div. A, title III, § 3030(g)129 Stat. 1497 (Added , , ; amended , , ; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 104–88109 Stat. 803 section 101 of this titleThe ICC Termination Act of 1995, referred to in subsec. (c)(3)(B), is , , . For complete classification of this Act to the Code, see Short Title of 1995 Amendment note set out under and Tables.

act May 20, 1926, ch. 347 44 Stat. 577 section 151 of Title 45The Railway Labor Act, referred to in subsec. (c)(3)(B), is , , which is classified principally to chapter 8 (§ 151 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see and Tables.

act Aug. 29, 1935, ch. 812 Pub. L. 93–445, title I, § 10188 Stat. 1305 section 231 of Title 45section 231t of Title 45The Railroad Retirement Act of 1974, referred to in subsec. (c)(3)(B), is , as amended generally by , , , which is classified generally to subchapter IV (§ 231 et seq.) of chapter 9 of Title 45. For further details and complete classification of this Act to the Code, see Codification note set out preceding , , and Tables.

act Aug. 16, 1954, ch. 736 68A Stat. 431 section 3233 of Title 26The Railroad Retirement Tax Act, referred to in subsec. (c)(3)(B), is , §§ 3201, 3202, 3211, 3212, 3221, and 3231 to 3233, , which is classified generally to chapter 22 (§ 3201 et seq.) of Title 26, Internal Revenue Code. For complete classification of this Act to the Code, see and Tables.

act June 25, 1938, ch. 680 52 Stat. 1094 section 367 of Title 45The Railroad Unemployment Insurance Act, referred to in subsec. (c)(3)(B), is , , which is classified principally to chapter 11 (§ 351 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see and Tables.

Prior Provisions

Pub. L. 104–88, § 102(a)Provisions similar to those in this section were contained in sections 10501 and 10504 of this title prior to the general amendment of this subtitle by .

Pub. L. 95–47392 Stat. 1359 Pub. L. 96–448, title II, § 214(c)(3)94 Stat. 1915 Pub. L. 103–272, § 4(j)(15)108 Stat. 1369 Pub. L. 104–88, § 102(a)A prior section 10501, , , ; –(5), , ; , , , related to jurisdiction of the Interstate Commerce Commission, prior to the general amendment of this subtitle by . See sections 10501 and 15301 of this title.

Amendments

Pub. L. 114–94, § 3030(g)(1)(A)2015—Subsec. (c)(1)(A)(i). , substituted “section 5302” for “section 5302(a)”.

Pub. L. 114–94, § 3030(g)(1)(B)Subsec. (c)(1)(B). , substituted “public transportation” for “mass transportation” and “section 5302” for “section 5302(a)”.

Pub. L. 114–94, § 3030(g)(2)Subsec. (c)(2)(A). , substituted “public transportation” for “ mass transportation”.

Pub. L. 110–4322008—Subsec. (c)(2). amended par. (2) generally. Prior to amendment, text read as follows: “Except as provided in paragraph (3), the Board does not have jurisdiction under this part over mass transportation provided by a local governmental authority.”

Pub. L. 104–2871996—Subsec. (c)(3)(B). substituted “” for “the effective date of the ICC Termination Act of 1995”.

Effective Date of 2015 Amendment

Pub. L. 114–94section 1003 of Pub. L. 114–94section 5313 of Title 5Amendment by effective , see , set out as a note under , Government Organization and Employees.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 104–88section 2 of Pub. L. 104–88section 1301 of this titleSection effective , except as otherwise provided in , see , set out as a note under .

Abolition of Interstate Commerce Commission

section 101 of Pub. L. 104–88section 1301 of this titleInterstate Commerce Commission abolished by , set out as a note under .