§331 — Title 23 Highways | U.S. Code

Summary

A federal agency (not the Federal Highway Administration) that reviews a State’s permit, approval, or jurisdictional decision must do a short review of certain highway projects inside an existing operational right-of-way. "Eligible project or activity" means work inside that right-of-way that is eligible for or treated like federal highway aid and is either preventive maintenance, preservation, a highway safety improvement, or a new turn lane the State says in writing will help safety; it must be a categorical exclusion under the rules (or would be one if funded). It does not include building a new travel lane. "Preliminary evaluation" means the normal review the agency can finish in 45 days. The agency head must complete at least that preliminary evaluation and tell the State the result within 45 days of getting the application. The agency head may add up to 30 more days if they give the State a written explanation. If the agency misses a deadline, it must send a report within 30 days to the State and to the Senate Committee on Environment and Public Works and the House Committee on Transportation and Infrastructure explaining why, and must 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

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