---
kind: "section"
citation: "49 U.S.C. § 10901"
title: "49"
title_heading: "Transportation"
number: "10901"
heading: "Authorizing construction and operation of railroad lines"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/10901"
units:
  - "Subtitle IV — Interstate Transportation"
  - "Part A — Rail"
  - "Chapter 109 — Licensing"
---

# §10901. Authorizing construction and operation of railroad lines

- (a) A [person](/usc/49/13102.md?p=18) may—
  - (1) construct an extension to any of its [railroad](/usc/49/10102.md?p=6) lines;
  - (2) construct an additional [railroad](/usc/49/10102.md?p=6) line;
  - (3) provide [transportation](/usc/49/10102.md?p=9) over, or by means of, an extended or additional [railroad](/usc/49/10102.md?p=6) line; or
  - (4) in the case of a [person](/usc/49/13102.md?p=18) other than a [rail carrier](/usc/49/10102.md?p=5), acquire a [railroad](/usc/49/10102.md?p=6) line or acquire or operate an extended or additional [railroad](/usc/49/10102.md?p=6) line,

  only if the [Board](/usc/49/10102.md?p=1) issues a certificate authorizing such activity under [subsection (c)](#c).

- (b) A proceeding to grant authority under [subsection (a)](#a) of this section begins when an application is filed. On receiving the application, the [Board](/usc/49/10102.md?p=1) shall give reasonable public notice, including notice to the Governor of any affected [State](/usc/49/10102.md?p=8), of the beginning of such proceeding.
- (c) The [Board](/usc/49/10102.md?p=1) shall issue a certificate authorizing activities for which such authority is requested in an application filed under [subsection (b)](#b) unless the [Board](/usc/49/10102.md?p=1) finds that such activities are inconsistent with the public convenience and necessity. Such certificate may approve the application as filed, or with modifications, and may require compliance with conditions (other than labor protection conditions) the [Board](/usc/49/10102.md?p=1) finds necessary in the public interest.
- (d)
  - (1) When a certificate has been issued by the [Board](/usc/49/10102.md?p=1) under this section authorizing the construction or extension of a [railroad](/usc/49/10102.md?p=6) line, no other [rail carrier](/usc/49/10102.md?p=5) may block any construction or extension authorized by such certificate by refusing to permit the [carrier](/usc/49/13102.md?p=3) to cross its property if—
    - (A) the construction does not unreasonably interfere with the operation of the crossed line;
    - (B) the operation does not materially interfere with the operation of the crossed line; and
    - (C) the owner of the crossing line compensates the owner of the crossed line.
  - (2) If the parties are unable to agree on the terms of operation or the amount of payment for purposes of paragraph (1) of this subsection, either party may submit the matters in dispute to the [Board](/usc/49/10102.md?p=1) for determination. The [Board](/usc/49/10102.md?p=1) shall make a determination under this paragraph within 120 days after the dispute is submitted for determination.

## Source credit

(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 822.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 10901, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1402; Pub. L. 96–448, title II, § 221, Oct. 14, 1980, 94 Stat. 1928, related to authorizing construction and operation of railroad lines, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.