§331 — Title 23 Highways | U.S. Code

Summary

Federal agencies must quickly review State applications for permits, approvals, or jurisdiction decisions for certain projects inside an existing operational right-of-way (as defined in 23 CFR 771.117(c)(22)). Eligible projects are ones covered by Title 23 or treated like they are, and are limited to preventive maintenance, preservation, highway safety improvements, or a new turn lane a State says in writing would help safety. The project must be a categorical exclusion under 23 CFR 771.117 (or would be if it had Title 23 funding). New travel lanes are not allowed. The head of the federal agency responsible for the review (other than the Federal Highway Administration) must do a preliminary evaluation and tell the State the results within 45 days of receiving the application. The agency head can extend that by up to 30 days if they give the State a written reason. If the agency misses a deadline, it must, within 30 days of the missed date, send a report to the State and to the Senate Environment and Public Works Committee and the House Transportation and Infrastructure Committee explaining why, and post that report online within 14 days after sending it.

Title 23, §331

Highways — Source: USLM XML via OLRC

(a)(1)(A)In this section, the term “eligible project or activity” means a project or activity within an existing operational right-of-way (as defined in section 771.117(c)(22) of title 23, Code of Federal Regulations (or successor regulations))—

(i)(I)eligible for assistance under this title; or

(II)administered as if made available under this title;

(ii)that is—

(I)a preventive maintenance, preservation, or highway safety improvement project (as defined in section 148(a)); or

(II)a new turn lane that the State advises in writing to the Secretary would assist public safety; and

(iii)that—

(I)is classified as a categorical exclusion under section 771.117 of title 23, Code of Federal Regulations (or successor regulations); or

(II)if the project or activity does not receive assistance described in clause (i) would be considered a categorical exclusion if the project or activity received assistance described in clause (i).

(B)The term “eligible project or activity” does not include a project to create a new travel lane.

(2)The term “preliminary evaluation”, with respect to an application described in subsection (b)(1), means an evaluation that is customary or practicable for the relevant agency to complete within a 45-day period for similar applications.

(3)The term “relevant agency” means a Federal agency, other than the Federal Highway Administration, with responsibility for review of an application from a State for a permit, approval, or jurisdictional determination for an eligible project or activity.

(b)(1)Subject to paragraph (2), not later than 45 days after the date of receipt of an application by a State for a permit, approval, or jurisdictional determination for an eligible project or activity, the head of the relevant agency shall—

(A)make at least a preliminary evaluation of the application; and

(B)notify the State of the results of the preliminary evaluation under subparagraph (A).

(2)The head of the relevant agency may extend the review period under paragraph (1) by not more than 30 days if the head of the relevant agency provides to the State written notice that includes an explanation of the need for the extension.

(3)If the head of the relevant agency fails to meet a deadline under paragraph (1) or (2), as applicable, the head of the relevant agency shall—

(A)not later than 30 days after the date of the missed deadline, submit to the State, the Committee on Environment and Public Works of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes why the deadline was missed; and

(B)not later than 14 days after the date on which a report is submitted under subparagraph (A), make publicly available, including on the internet, a copy of that report.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as an

Effective Date

of 2021 Amendment note under section 101 of this title.

§331 Evaluation of projects within an operational right-of-way

Summary

Title 23, §331

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata