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23 U.S.C. § 328 — Eligibility for environmental restoration and pollution abatement

Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 328 — Eligibility for environmental restoration and pollution abatement

**(a) In General.—** Subject to subsection (b), environmental restoration and pollution abatement to minimize or mitigate the impacts of any transportation project funded under this title (including retrofitting and construction of stormwater treatment systems to meet Federal and State requirements under sections 401 and 402 of the Federal Water Pollution Control Act ([33 U.S.C. 1341](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1341&num=0&edition=prelim); 1342)) may be carried out to address water pollution or environmental degradation caused wholly or partially by a transportation facility. **(b) Maximum Expenditure.—** In a case in which a transportation facility is undergoing reconstruction, rehabilitation, resurfacing, or restoration, the expenditure of funds under this section for environmental restoration or pollution abatement described in subsection (a) shall not exceed 20 percent of the total cost of the reconstruction, rehabilitation, resurfacing, or restoration of the facility.

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Source location: Title 23, Chapter 3, § 328; chapter-003-general-provisions.md

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1341 — Certification

**(a) Compliance with applicable requirements; application; procedures; license suspension** (1) Any applicant for a Federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities, which may result in any discharge into the navigable waters, shall provide the licensing or permitting agency a certification from the State in which the discharge originates or will originate, or, if appropriate, from the interstate water pollution control agency having jurisdiction over the navigable waters at the point where the discharge originates or will originate, that any such discharge will comply with the applicable provisions of sections 1311, 1312, 1313, 1316, and 1317 of this title. In the case of any such activity for which there is not an applicable effluent limitation or other limitation under sections 1311(b) and 1312 of this title, and there is not an applicable standard under sections 1316 and 1317 of this title, the State shall so certify, except that any such certification shall not be deemed to satisfy [section 1371(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1371/c&num=0&edition=prelim). Such State or interstate agency shall establish procedures for public notice in the case of all applications for certification by it and, to the extent it deems appropriate, procedures for public hearings in connection with specific applications. In any case where a State or interstate agency has no authority to give such a certification, such certification shall be from the Administrator. If the State, interstate agency, or Administrator, as the case may be, fails or refuses to act on a request for certification, within a reasonable period of time (which shall not exceed one

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Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 328 — Eligibility for environmental restoration

Page 368 TITLE 23—HIGHWAYS § 328 termination of the original pilot program on Sept. 30, 2012, and termination of State participation by the Sec- retary. Pub. L. 112–141, § 1313(g)(1), redesignated subsec. (i) as (j). 2010—Subsec. (i)(1). Pub. L. 111–322 substituted ‘‘7 years after’’ for ‘‘6 years after’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title. EFFECTIVE DATE OF 2015 AMENDMENT Except as otherwise provided, amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. Pub. L. 114–94, div. A, title I, § 1446(d), Dec. 4, 2015, 129 Stat. 1438, provided that the amendment made by sec- tion 1446(d)(3) is effective as of July 6, 2012, and as if in- cluded in Pub. L. 112–141 as enacted. EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of this title. Pub. L. 112–140, title I, § 101(e)(2), June 29, 2012, 126 Stat. 392, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall take effect as if included in section 101 of the Surface Transpor- tation Extension Act of 2012 [Pub. L. 112–102] and shall not be subject to the special rule in section 1(c) of this Act [set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title].’’ § 328. Eligibility for environmental restoration and pollution abatement (a) IN GENERAL.—Subject to subsection (b), en- vir

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1341 — Certification

Page 561 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1341 PURPOSES AND POLICIES OF NATIONAL ESTUARY PROGRAM Pub. L. 100–4, title III, § 317(a), Feb. 4, 1987, 101 Stat. 61, provided that: ‘‘(1) FINDINGS.—Congress finds and declares that— ‘‘(A) the Nation’s estuaries are of great importance for fish and wildlife resources and recreation and eco- nomic opportunity; ‘‘(B) maintaining the health and ecological integ- rity of these estuaries is in the national interest; ‘‘(C) increasing coastal population, development, and other direct and indirect uses of these estuaries threaten their health and ecological integrity; ‘‘(D) long-term planning and management will con- tribute to the continued productivity of these areas, and will maximize their utility to the Nation; and ‘‘(E) better coordination among Federal and State programs affecting estuaries will increase the effec- tiveness and efficiency of the national effort to pro- tect, preserve, and restore these areas. ‘‘(2) PURPOSES.—The purposes of this section [enact- ing this section] are to— ‘‘(A) identify nationally significant estuaries that are threatened by pollution, development, or overuse; ‘‘(B) promote comprehensive planning for, and con- servation and management of, nationally significant estuaries; ‘‘(C) encourage the preparation of management plans for estuaries of national significance; and ‘‘(D) enhance the coordination of estuarine re- search.’’ SUBCHAPTER IV—PERMITS AND LICENSES § 1341. Certification (a) Compliance with applicable requirements; application; procedures; license suspension (1) Any applicant for a Federal license or per- mit to conduct any activity including, but not limited to, the construction or operation of fa- cilities, which may result in any discharge into the na

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