23 U.S.C. § 329 — Eligibility for control of noxious weeds and

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 Page 369 TITLE 23—HIGHWAYS § 330 under section 5313 of Title 5, Government Organization and Employees. INVASIVE PLANT ELIMINATION PROGRAM Pub. L. 117–58, div. A, title I, § 11522, Nov. 15, 2021, 135 Stat. 604, provided that: ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) INVASIVE PLANT.—The term ‘invasive plant’ means a nonnative plant, tree, grass, or weed species, including, at a minimum, cheatgrass, Ventenata dubia, medusahead, bulbous bluegrass, Japanese brome, rattail fescue, Japanese honeysuckle, phragmites, autumn olive, Bradford pear, wild pars- nip, sericea lespedeza, spotted knapweed, garlic mus- tard, and palmer amaranth. ‘‘(2) PROGRAM.—The term ‘program’ means the grant program established under subsection (b). ‘‘(3) TRANSPORTATION CORRIDOR.—The term ‘trans- portation corridor’ means a road, highway, railroad, or other surface transportation route. ‘‘(b) ESTABLISHMENT.—The Secretary [of Transpor- tation] shall carry out a program to provide grants to States to eliminate or control existing invasive plants or prevent introduction of or encroachment by new invasive plants along and in areas adjacent to transpor- tation corridor rights-of-way. ‘‘(c) APPLICATION.—To be eligible to receive a grant under the program, a State shall submit to the Sec- retary an application at such time, in such manner, and containing such information as the Secretary may require. ‘‘(d) ELIGIBLE ACTIVITIES.— ‘‘(1) IN GENERAL.—Subject to this subsection, a State that receives a grant under the program may use the grant funds to carry out activities to elimi- nate or control existing invasive plants or prevent in- troduction of or encroachment by new invasive plants along and in areas adjacent to transportation cor- ridor rights-of-way. ‘‘(2) PRIORITIZATION OF PROJECTS.—In carrying out the program, the Secretary shall give priority to projects that utilize revegetation with native plants and wildflowers, including those that are pollinator- friendly. ‘‘(3) PROHIBITION ON CERTAIN USES OF FUNDS.— Amounts provided to a State under the program may not be used for costs relating to mowing a transpor- tation corridor right-of-way or the adjacent area un- less— ‘‘(A) mowing is identified as the best means of treatment according to best management practices; or ‘‘(B) mowing is used in conjunction with another treatment. ‘‘(4) LIMITATION.—Not more than 10 percent of the amounts provided to a State under the program may be used for the purchase of equipment. ‘‘(5) ADMINISTRATIVE AND INDIRECT COSTS.—Not more than 5 percent of the amounts provided to a State under the program may be used for the admin- istrative and other indirect costs (such as full time employee salaries, rent, insurance, subscriptions, utilities, and office supplies) of carrying out eligible activities. ‘‘(e) REQUIREMENTS.— ‘‘(1) COORDINATION.—In carrying out eligible activi- ties with a grant under the program, a State shall co- ordinate with— ‘‘(A) units of local government, political subdivi- sions of the State, and Tribal authorities that are carrying out eligible activities in the areas to be treated; ‘‘(B) local regulatory authorities, in the case of a treatment along or adjacent to a railroad right-of- way; and ‘‘(C) with respect to the most effective roadside control methods, State and Federal land manage- ment agencies and any relevant Tribal authorities. ‘‘(2) ANNUAL REPORT.—Not later than 1 year after the date on which a State receives a grant under the program, and annually thereafter, that State shall provide to the Secretary an annual report on the treatments carried out using funds from the grant. ‘‘(f) FEDERAL SHARE.— ‘‘(1) IN GENERAL.—The Federal share of the cost of an eligible activity carried out using funds from a grant under the program shall be— ‘‘(A) in the case of a project that utilizes revege- tation with native plants and wildflowers, including those that are pollinator-friendly, 75 percent; and ‘‘(B) in the case of any other project not described in subparagraph (A), 50 percent. ‘‘(2) CERTAIN FUNDS COUNTED TOWARD NON-FEDERAL SHARE.—A State may include amounts expended by the State or a unit of local government in the State to address current invasive plant populations and prevent future infestation along or in areas adjacent to transportation corridor rights-of-way in calcu- lating the non-Federal share required under the pro- gram. ‘‘(g) FUNDING.—There is authorized to be appropriated to carry out the program $50,000,000 for each of fiscal years 2022 through 2026.’’ § 330. Program for eliminating duplication of en- vironmental reviews (a) ESTABLISHMENT.— (1) IN GENERAL.—The Secretary shall estab- lish a pilot program to authorize States that have assumed responsibilities of the Secretary under section 327 and are approved to partici- pate in the program under this section to con- duct environmental reviews and make approv- als for projects under State environmental laws and regulations instead of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), consistent with the requirements of this section. (2) PARTICIPATING STATES.—The Secretary may select not more than 2 States to partici- pate in the program. (3) ALTERNATIVE ENVIRONMENTAL REVIEW AND APPROVAL PROCEDURES DEFINED.—In this sec- tion, the term ‘‘alternative environmental re- view and approval procedures’’ means— (A) substitution of 1 or more State envi- ronmental laws for— (i) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (ii) any provisions of section 139 estab- lishing procedures for the implementation of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) that are under the authority of the Secretary, as the Secretary, in consultation with the State, considers appropriate; and (iii) related regulations and Executive orders; and (B) substitution of 1 or more State envi- ronmental regulations for— (i) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (ii) any provisions of section 139 estab- lishing procedures for the implementation of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) that are under the authority of the Secretary, as the Secretary, in consultation with the State, considers appropriate; and (iii) related regulations and Executive orders. (b) APPLICATION.—To be eligible to participate in the program, a State shall submit to the Sec-