Page:United States Statutes at Large Volume 119.djvu/1891

 PUBLIC LAW 109–59—AUG. 10, 2005

119 STAT. 1873

section may be used for the following activities if such activities are related to transportation projects funded under this title: ‘‘(1) Establishment of plants selected by State and local transportation authorities to perform one or more of the following functions: abatement of stormwater runoff, stabilization of soil, 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 management 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 maintenance 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 defined 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 activity described in subsection (a) may be carried out in advance of construction of a project only if the activity is carried out in accordance with all applicable requirements of Federal law (including regulations) and State transportation planning processes.’’. (c) CONFORMING AMENDMENT.—The analysis for chapter 3 of title 23 is further amended by adding after the item relating to section 327 the following:

23 USC 301.

‘‘328. Eligibility for environmental restoration and pollution abatement. ‘‘329. Eligibility for control of noxious weeds and aquatic noxious weeds and establishment of native species.’’. SEC. 6007. EXEMPTION OF INTERSTATE SYSTEM.

Section 103(c) of title 23, United States Code, is amended by adding at the end the following: ‘‘(5) EXEMPTION OF INTERSTATE SYSTEM.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), the Interstate System shall not be considered to be a historic site under section 303 of title 49 or section 138 of this title, regardless of whether the Interstate System or portions or elements of the Interstate System are listed on, or eligible for listing on, the National Register of Historic Places.

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