Federal · Title 23 — Highways
23 U.S.C. § 331: Evaluation of projects within an operational right-of-way
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eligible for assistance under this title; or administered as if made available under this title; a preventive maintenance, preservation, or highway safety improvement project (as defined in section 148(a)); or a new turn lane that the State advises in writing to the Secretary would assist public safety; and is classified as a categorical exclusion under section 771.117 of title 23, Code of Federal Regulations (or successor regulations); or 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). The term “eligible project or activity” does not include a project to create a new travel lane. 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. 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. make at least a preliminary evaluation of the application; and notify the State of the results of the preliminary evaluation under subparagraph (A). 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. 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 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.
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