---
kind: "section"
citation: "23 U.S.C. § 331"
title: "23"
title_heading: "Highways"
number: "331"
heading: "Evaluation of projects within an operational right-of-way"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/23/331"
units:
  - "Chapter 3 — General Provisions"
---

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

- (a) **Definitions.—**
  - (1) **Eligible project or activity.—**
    - (A) **In general.—** In this section, the term “eligible [project](/usc/23/101.md?p=a-20) or activity” means a [project](/usc/23/101.md?p=a-20) 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](/usc/23/101.md?p=a-13), preservation, or [highway](/usc/23/101.md?p=a-11) [safety improvement project](/usc/23/101.md?p=a-26) (as defined in [section 148(a)](/usc/23/148.md?p=a)); or
        - (II) a new turn lane that the [State](/usc/23/101.md?p=a-28) advises in writing to the [Secretary](/usc/23/101.md?p=a-27) 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](/usc/23/101.md?p=a-20) or activity does not receive assistance described in [clause (i)](#a-1-A-i) would be considered a categorical exclusion if the [project](/usc/23/101.md?p=a-20) or activity received assistance described in [clause (i)](#a-1-A-i).
    - (B) **Exclusion.—** The term “eligible [project](/usc/23/101.md?p=a-20) or activity” does not include a [project](/usc/23/101.md?p=a-20) to create a new travel lane.
  - (2) **Preliminary evaluation.—** The term “preliminary evaluation”, with respect to an application described in [subsection (b)(1)](#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](/usc/23/101.md?p=a-11) Administration, with responsibility for review of an application from a [State](/usc/23/101.md?p=a-28) for a permit, approval, or jurisdictional determination for an eligible [project](/usc/23/101.md?p=a-20) or activity.
- (b) **Action Required.—**
  - (1) **In general.—** Subject to [paragraph (2)](#b-2), not later than 45 days after the date of receipt of an application by a [State](/usc/23/101.md?p=a-28) for a permit, approval, or jurisdictional determination for an eligible [project](/usc/23/101.md?p=a-20) or activity, the head of the relevant agency shall—
    - (A) make at least a preliminary evaluation of the application; and
    - (B) notify the [State](/usc/23/101.md?p=a-28) of the results of the preliminary evaluation under [subparagraph (A)](#b-1-A).
  - (2) **Extension.—** The head of the relevant agency may extend the review period under [paragraph (1)](#b-1) by not more than 30 days if the head of the relevant agency provides to the [State](/usc/23/101.md?p=a-28) 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)](#b-1) or [(2)](#b-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](/usc/23/101.md?p=a-28), 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)](#b-3-A), make publicly available, including on the internet, a copy of that report.

## Source credit

(Added Pub. L. 117–58, div. A, title I, § 11309(a), Nov. 15, 2021, 135 Stat. 535.)

## Notes

### 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.