PRIA, Government Policy, Made Personal

Summary

Federal agencies (not the Federal Highway Administration) that review a State’s permit, approval, or jurisdiction request for work inside an existing road right-of-way must do a quick review and tell the State the result within 45 days. Eligible projects are work inside an existing operational right-of-way that could get federal help or is treated like it does. They include things like preventive maintenance, preservation, safety improvements, and new turn lanes the State says will help public safety. The work must qualify as a categorical exclusion under the cited rules. Projects that create a new travel lane are not eligible. The agency may add up to 30 more days if it gives the State written notice explaining why. If the agency misses the deadline, its head must, within 30 days after the missed deadline, send a report to the State and to the Senate Environment and Public Works Committee and the House Transportation and Infrastructure Committee explaining why. The agency must post that report online within 14 days after sending it.

Title 23, §331

Highways, Source: USLM XML via OLRC

(a)Definitions.—

(1)Eligible project or activity.—

(A)In general.—

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)Exclusion.—

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

(2)Preliminary evaluation.—

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)Relevant agency.—

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)Action Required.—

(1)In general.—

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)Extension.—

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)Failure to act.—

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