---
kind: "section"
citation: "49 U.S.C. § 22103"
title: "49"
title_heading: "Transportation"
number: "22103"
heading: "Applications"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/22103"
units:
  - "Subtitle V — Rail Programs"
  - "Part B — Assistance"
  - "Chapter 221 — Local Rail Freight Assistance"
---

# §22103. Applications

- (a) **Filing.—** A [State](/usc/49/26105.md?p=5) must file an application with the [Secretary](/usc/49/22401.md?p=14) of Transportation for [financial assistance](/usc/49/26105.md?p=1) for a project described under [section 22101(a) of this title](/usc/49/22101.md?p=a) not later than January 1 of the fiscal year for which amounts have been appropriated. However, for a fiscal year for which the authorization of appropriations for assistance under this chapter has not been enacted by the first day of the fiscal year, the [State](/usc/49/26105.md?p=5) must file the application not later than 90 days after the date of enactment of a law authorizing the appropriations for that fiscal year. The [Secretary](/usc/49/22401.md?p=14) shall prescribe the form of the application.
- (b) **Considerations.—** In considering an application under this subsection, the [Secretary](/usc/49/22401.md?p=14) shall consider the following:
  - (1) the percentage of rail lines that [rail carriers](/usc/49/24102.md?p=9) have identified to the Surface Transportation [Board](/usc/49/28501.md?p=1) for abandonment or potential abandonment in the [State](/usc/49/26105.md?p=5).
  - (2) the likelihood of future abandonments in the [State](/usc/49/26105.md?p=5).
  - (3) the ratio of benefits to costs for a proposed project calculated using the methodology established under [section 22101(b) of this title](/usc/49/22101.md?p=b).
  - (4) the likelihood that the rail line will continue operating with assistance.
  - (5) the impact of rail bankruptcies, rail restructuring, and rail mergers on the [State](/usc/49/26105.md?p=5).

## Source credit

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 896; Pub. L. 104–88, title III, § 308(f)(3), Dec. 29, 1995, 109 Stat. 947.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 22103(a) | 49 App.:1654(f) (1st sentence). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, § 5(f); 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, 1846. |
| 22103(b) | 49 App.:1654(f) (last sentence). |  |

In subsection (a), the words “under this chapter” are added for clarity. The words “a law” are substituted for “legislation” for consistency in the revised title.

In subsection (b)(3), the words “established by the Secretary” are omitted as surplus.

In subsection (b)(5), the words “applying for assistance” are omitted as unnecessary because of the restatement.

### Editorial Notes

### Amendments

1995—Subsec. (b)(1). Pub. L. 104–88 substituted “Surface Transportation Board” for “Interstate Commerce Commission”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1995 Amendment

Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of this title.