---
kind: "section"
citation: "49 U.S.C. § 22102"
title: "49"
title_heading: "Transportation"
number: "22102"
heading: "Eligibility"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/22102"
units:
  - "Subtitle V — Rail Programs"
  - "Part B — Assistance"
  - "Chapter 221 — Local Rail Freight Assistance"
---

# §22102. Eligibility


A [State](/usc/49/26105.md?p=5) is eligible to receive [financial assistance](/usc/49/26105.md?p=1) under this chapter only when the [State](/usc/49/26105.md?p=5) complies with regulations the [Secretary](/usc/49/22401.md?p=14) of Transportation prescribes under this chapter and the [Secretary](/usc/49/22401.md?p=14) decides that—

- (1) the [State](/usc/49/26105.md?p=5) has an adequate plan for rail transportation in the [State](/usc/49/26105.md?p=5) and a suitable process for updating, revising, and modifying the plan;
- (2) the [State](/usc/49/26105.md?p=5) plan is administered or coordinated by a designated [State](/usc/49/26105.md?p=5) authority and provides for a fair distribution of resources;
- (3) the [State](/usc/49/26105.md?p=5) 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](/usc/49/26105.md?p=5) authorities) to improve rail transportation safety and reduce energy use and pollution related to transportation; and
- (4) the [State](/usc/49/26105.md?p=5) 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.

## Source credit

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 895.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 22102 | 49 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”.