90 1 SEC. 6006. ENVIRONMENTAL RESTORATION AND POLLUTION
ABATEMENT; CONTROL OF NOXIOUS 3 WEEDS AND AQUATIC NOXIOUS WEEDS AND 4
ESTABLISHMENT OF NATIVE SPECIES. 5 (a) MODIFICATION TO NHS/STP FOR ENVIRON- 6
MENTAL RESTORATION, POLLUTION ABATEMENT, CON- 7 TROL OF NOXIOUS WEEDS AND
AQUATIC NOXIOUS 8 WEEDS.- 9
(1) MODIFICATIONS TO NATIONAL HIGHWAY 10
SYSTEM.-Section 103(b)(6) of title 23, United 11 States Code, is amended by
adding at the end the 12 following: 13 ''
(Q) Environmental restoration and
pollution abatement in accordance with section 328. 15 ''(R) Control of noxious
weeds and aquatic 16 noxious weeds and establishment of native spe- 17 cies in
accordance with section 329.''. 18
(2) MODIFICATIONS TO SURFACE
TRANSPORTATION PROGRAM.-Section 133(b) of title 23, is 20 amended by striking
paragraph (14) and inserting 21 the following: 22 ''(14) Environmental
restoration and pollution 23 abatement in accordance with section 328. 24
''(15) Control of noxious weeds and aquatic 25 noxious weeds and establishment
of native species in 26 accordance with section 329.''. 91 1
(b)
ELIGIBLE ACTIVITIES.-Chapter 3 of title 23, 2 United States Code, is further
amended by adding after 3 section 327 the following: 4 ''§ 328.
Eligibility for environmental restoration and 5 pollution abatement 6
''
(a) IN GENERAL.-Subject to subsection (b), envi- 7 ronmental
restoration and pollution abatement to mini- 8 mize or mitigate the impacts of
any transportation project 9 funded under this title (including retrofitting
and con- 10 struction of stormwater treatment systems to meet Fed- 11 eral and
State requirements under sections 401 and 402 12 of the Federal Water Pollution
Control Act (33 U.S.C. 13 1341; 1342)) may be carried out to address water
pollu- 14 tion or environmental degradation caused wholly or par- 15 tially by
a transportation facility. 16 ''
(b) MAXIMUM EXPENDITURE.-In a case in
which 17 a transportation facility is undergoing reconstruction, re- 18
habilitation, resurfacing, or restoration, the expenditure of 19 funds under
this section for environmental restoration or 20 pollution abatement described
in subsection (a) shall not 21 exceed 20 percent of the total cost of the
reconstruction, 22 rehabilitation, resurfacing, or restoration of the facility.
92 1 ''§ 329. Eligibility for control of noxious weeds and 2 aquatic
noxious weeds and establishment 3 of native species 4 ''
(a) IN GENERAL.-In
accordance with all applicable 5 Federal law (including regulations), funds
made available 6 to carry out this section may be used for the following 7
activities if such activities are related to transportation 8 projects funded
under this title: 9 ''(1) Establishment of plants selected by State 10 and
local transportation authorities to perform one 11 or more of the following
functions: abatement of 12 stormwater runoff, stabilization of soil, and
aesthetic 13 enhancement. 14 ''(2) Management of plants which impair or im- 15
pede the establishment, maintenance, or safe use of 16 a transportation system.
17 ''
(b) INCLUDED ACTIVITIES.-The establishment and 18 management under
subsection (a)(1) and (a)(2) may 19 include- 20 ''(1) right-of-way surveys to
determine manage- 21 ment requirements to control Federal or State nox- 22 ious
weeds as defined in the Plant Protection Act (7 23 U.S.C. 7701 et seq.) or
State law, and brush or tree 24 species, whether native or nonnative, that may
be 25 considered by State or local transportation authori- 93 1 ties to be a
threat with respect to the safety or 2 maintenance of transportation systems; 3
''(2) establishment of plants, whether native or 4 nonnative with a preference
for native to the max- 5 imum extent possible, for the purposes defined in 6
subsection (a)(1); 7 ''(3) control or elimination of plants as defined 8 in
subsection (a)(2); 9 ''(4) elimination of plants to create fuel breaks 10 for
the prevention and control of wildfires; and 11 ''(5) training. 12
''
(c) CONTRIBUTIONS.- 13 ''(1) IN GENERAL.-Subject to paragraph (2), 14
an activity described in subsection (a) may be car- 15 ried out concurrently
with, in advance of, or fol- 16 lowing the construction of a project funded
under 17 this title. 18 ''
(2) CONDITION FOR ACTIVITIES CONDUCTED 19 IN
ADVANCE OF PROJECT CONSTRUCTION.-An ac- 20 tivity described in subsection (a)
may be carried out 21 in advance of construction of a project only if the 22
activity is carried out in accordance with all applica- 23 ble requirements of
Federal law (including regula- 24 tions) and State transportation planning
processes.''. 94 1
(c) CONFORMING AMENDMENT.-The analysis for 2 chapter
3 of title 23 is further amended by adding after 3 the item relating to section
327 the following: ''328. Eligibility for environmental restoration and
pollution abatement. ''329. Eligibility for control of noxious weeds and
aquatic noxious weeds and es- tablishmen of native species.''.
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