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- vironmental restoration and pollution abate- ment 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; 1342)) may be carried out to ad- dress water pollution or environmental degrada- tion caused wholly or partially by a transpor- tation facility. (b) MAXIMUM EXPENDITURE.—In a case in which a transportation facility is undergoing recon- struction, rehabilitation, resurfacing, or res- toration, the expenditure of funds under this section for environmental restoration or pollu- tion abatement described in subsection (a) shall not exceed 20 percent of the total cost of the re- construction, rehabilitation, resurfacing, or res- toration of the facility. (Added Pub. L. 109–59, title VI, § 6006(b), Aug. 10, 2005, 119 Stat. 1872.) § 329. Eligibility for control of noxious weeds and aquatic noxious weeds and establishment of native species (a) IN GENERAL.—In accordance with all appli- cable Federal law (including regulations), funds made available to carry out this section may be used for the following activities if such activi- ties are related to transportation projects fund- ed under this title: (1) Establishment of plants selected by State and local transportation authorities to per- form one or more of the following functions: abatement of stormwater runoff, stabilization of soil, provision of habitat, forage, and migra- tory way stations for Monarch butterflies, other native pollinators, and honey bees, and aesthetic enhancement. (2) Management of plants which impair or impede the establishment, maintenance, or safe use of a transportation system. (b) INCLUDED ACTIVITIES.—The establishment and management under subsection (a)(1) and (a)(2) may include— (1) right-of-way surveys to determine man- agement requirements to control Federal or State noxious weeds as defined in the Plant Protection Act (7 U.S.C. 7701 et seq.) or State law, and brush or tree species, whether native or nonnative, that may be considered by State or local transportation authorities to be a threat with respect to the safety or mainte- nance of transportation systems; (2) establishment of plants, whether native or nonnative with a preference for native to the maximum extent possible, for the purposes defined in subsection (a)(1); (3) control or elimination of plants as de- fined in subsection (a)(2); (4) elimination of plants to create fuel breaks for the prevention and control of wildfires; and (5) training. (c) CONTRIBUTIONS.— (1) IN GENERAL.—Subject to paragraph (2), an activity described in subsection (a) may be carried out concurrently with, in advance of, or following the construction of a project funded under this title. (2) CONDITION FOR ACTIVITIES CONDUCTED IN ADVANCE OF PROJECT CONSTRUCTION.—An activ- ity described in subsection (a) may be carried out in advance of construction of a project only if the activity is carried out in accord- ance with all applicable requirements of Fed- eral law (including regulations) and State transportation planning processes. (Added Pub. L. 109–59, title VI, § 6006(b), Aug. 10, 2005, 119 Stat. 1872; amended Pub. L. 114–94, div. A, title I, § 1415(b), Dec. 4, 2015, 129 Stat. 1421.) Editorial Notes REFERENCES IN TEXT The Plant Protection Act, referred to in subsec. (b)(1), is title IV of Pub. L. 106–224, June 20, 2000, 114 Stat. 438, which is classified principally to chapter 104 (§ 7701 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 7701 of Title 7 and Tables. AMENDMENTS 2015—Subsec. (a)(1). Pub. L. 114–94 inserted ‘‘provision of habitat, forage, and migratory way stations for Mon- arch butterflies, other native pollinators, and honey bees,’’ before ‘‘and aesthetic enhancement’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note