Title 23 — HighwaysRelease 119-73
§328 Eligibility for environmental restoration and pollution abatement
Title 23 › Chapter CHAPTER 3— - GENERAL PROVISIONS › § 328
Summary
Federal transportation project funds can be used to clean up or reduce pollution caused by a transportation facility, including installing or upgrading stormwater treatment to meet Clean Water Act sections 401 and 402 (33 U.S.C. 1341; 1342). If a facility is being rebuilt, repaired, resurfaced, or restored, spending on these environmental fixes cannot be more than 20 percent of the total project cost.
Full Legal Text
Title 23, §328
Highways — Source: USLM XML via OLRC
(a)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 section 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)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.
Reference
Citations & Metadata
Citation
23 U.S.C. § 328
Title 23 — Highways
Last Updated
Apr 6, 2026
Release point: 119-73