; and (2) an opportunity to comment on the proposed guidance. (d) Savings clause Nothing in this section— (1) requires the Secretary to accept or use information that the Secretary determines does not meet the guidance developed under this section; or (2) changes the current statutory or regulatory requirements of the Department. 1309. Evaluation of projects within an operational right-of-way (a) In general Chapter 3 of title 23, United States Code, is amended by adding at the end the following: 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 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)