Page:United States Statutes at Large Volume 119.djvu/1890

 119 STAT. 1872

23 USC 301.

PUBLIC LAW 109–59—AUG. 10, 2005

‘‘(C) the State, after the notification and period provided under subparagraph (B), fails to take satisfactory corrective action, as determined by Secretary.’’. (b) CONFORMING AMENDMENT.—The analysis for chapter 3 of title 23, United States Code, is further amended by adding after the item relating to section 326 the following: ‘‘327. Surface transportation project delivery pilot program.’’. SEC. 6006. ENVIRONMENTAL RESTORATION AND POLLUTION ABATEMENT; CONTROL OF NOXIOUS WEEDS AND AQUATIC NOXIOUS WEEDS AND ESTABLISHMENT OF NATIVE SPECIES.

(a) MODIFICATION TO NHS/STP FOR ENVIRONMENTAL RESTORATION, POLLUTION ABATEMENT, CONTROL OF NOXIOUS WEEDS AND AQUATIC NOXIOUS WEEDS.— (1) MODIFICATIONS TO NATIONAL HIGHWAY SYSTEM.—Section 103(b)(6) of title 23, United States Code, is amended by adding at the end the following: ‘‘(Q) Environmental restoration and pollution abatement in accordance with section 328. ‘‘(R) Control of noxious weeds and aquatic noxious weeds and establishment of native species in accordance with section 329.’’. (2) MODIFICATIONS TO SURFACE TRANSPORTATION PROGRAM.—Section 133(b) of title 23, is amended by striking paragraph (14) and inserting the following: ‘‘(14) Environmental restoration and pollution abatement in accordance with section 328. ‘‘(15) Control of noxious weeds and aquatic noxious weeds and establishment of native species in accordance with section 329.’’. (b) ELIGIBLE ACTIVITIES.—Chapter 3 of title 23, United States Code, is further amended by adding after section 327 the following: ‘‘§ 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; 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. ‘‘§ 329. Eligibility for control of noxious weeds and aquatic noxious weeds and establishment of native species ‘‘(a) IN GENERAL.—In accordance with all applicable Federal law (including regulations), funds made available to carry out this

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