Public Law 119-73 (01/23/2026)

49 U.S.C. § 24903

General authority

(a)

General .—

45 U.S.C. 701To carry out this chapter and the Regional Rail Reorganization Act of 1973 ( et seq.), Amtrak may—
(1)
section 24902 of this title acquire, maintain, and dispose of any interest in property used to provide improved high-speed rail transportation under ;
(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)
45 U.S.C. 70145 U.S.C. 801 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 ( et seq.), the Railroad Revitalization and Regulatory Reform Act of 1976 ( et seq.), and chapter 224 of this title; and
(7)
appoint a general manager of the Northeast Corridor improvement program.
(b)

Compensatory Agreements .—

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)

Compensation for Transportation Over Certain Rights of Way and Facilities .—

(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)
45 U.S.C. 70145 U.S.C. 801 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 ( et seq.), the Railroad Revitalization and Regulatory Reform Act of 1976 ( 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.

Pub. L. 103–272, § 1(e)108 Stat. 934Pub. L. 103–429, § 6(22)108 Stat. 4380Pub. L. 105–134, title IV, § 405(b)(2)111 Stat. 2586Pub. L. 110–432, div. B, title II, § 212(b)(2)122 Stat. 4924Pub. L. 112–141, div. C, title II, § 32932(c)(4)126 Stat. 829Pub. L. 114–94, div. A, title XI, § 11306(a)(1)129 Stat. 1658Pub. L. 117–58, div. B, title I, § 21301(j)(4)(F)135 Stat. 693(, , , § 24904; , , ; , , ; , , ; , , ; renumbered § 24903, , , ; , , .)

Historical and Revision Notes

Pub. L. 103–272

Revised

Section

Source (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).

45 U.S.C. 501In 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 [ 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. 103–429

section 1 of the Act of July 5, 1994Public Law 103–272108 Stat. 934This amends 49:24904(a)(2) to correct an error in the codification enacted by (, ).

Editorial Notes

References in Text

Pub. L. 93–23687 Stat. 985section 701 of Title 45The Regional Rail Reorganization Act of 1973, referred to in subsecs. (a) and (c)(2), is , , , 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 and Tables.

Pub. L. 94–21090 Stat. 31section 801 of Title 45The Railroad Revitalization and Regulatory Reform Act of 1976, referred to in subsecs. (a)(6) and (c)(2), is , , . For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Prior Provisions

Pub. L. 103–272, § 1(e)108 Stat. 933Pub. L. 104–287, § 5(48)110 Stat. 3393Pub. L. 105–134, title IV, § 405(a)111 Stat. 2586A prior section 24903, , , ; , , , related to program master plan for Boston-New York main line, prior to repeal by , , .

Amendments

Pub. L. 117–58, § 21301(j)(4)(F)(i)45 U.S.C. 80145 U.S.C. 8012021—Subsec. (a)(6). , substituted “, the Railroad Revitalization and Regulatory Reform Act of 1976 ( et seq.), and chapter 224 of this title” for “and the Railroad Revitalization and Regulatory Reform Act of 1976 ( et seq.)”.

Pub. L. 117–58, § 21301(j)(4)(F)(ii)45 U.S.C. 80145 U.S.C. 801Subsec. (c)(2). , substituted “, the Railroad Revitalization and Regulatory Reform Act of 1976 ( et seq.), and chapter 224 of this title” for “and the Railroad Revitalization and Regulatory Reform Act of 1976 ( et seq.)”.

Pub. L. 114–94section 24904 of this title2015— renumbered as this section.

Pub. L. 112–1412012—Subsec. (c)(2). substituted “Surface Transportation Board” for “Interstate Commerce Commission” and “Board” for “Commission”.

Pub. L. 112–141, § 32932(c)(4)(B)Subsec. (c)(3). , substituted “Board” for “Commission”.

Pub. L. 110–4322008—Subsec. (c)(2). inserted “commuter rail passenger and” after “between” in first sentence and struck out “freight” after “rail” in second sentence.

Pub. L. 105–13447 U.S.C. 1511997—Subsec. (a)(6) to (8). 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 ( 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).”

Pub. L. 103–4291994—Subsec. (a)(2). inserted “, by condemnation or otherwise,” after “acquire”.

Statutory Notes and Related Subsidiaries

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.

Effective Date of 2012 Amendment

Pub. L. 112–141section 3(a) of Pub. L. 112–141section 101 of Title 23Amendment by effective , see , set out as an Effective and Termination Dates of 2012 Amendment note under , Highways.

Effective Date of 1994 Amendment

Pub. L. 103–429section 9 of Pub. L. 103–429section 321 of this titleAmendment by effective , see , set out as a note under .