ENVIRONMENTAL RESTORATION AND POLLUTION ABATEMENT; CONTROL OF NOXIOUS WEEDS AND AQUATIC NOXIOUS WEEDS AND ESTABLISHMENT OF NATIVE SPECIES.

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 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: “328. Eligibility for environmental restoration and pollution abatement. “329. Eligibility for control of noxious weeds and aquatic noxious weeds and establishment of native species.”.