Title 23, HighwaysRelease 119-110
§328 Eligibility for Environmental Restoration and Pollution Abatement
Title 23 › CHAPTER 3 — GENERAL PROVISIONS › § 328
Summary
Federal transportation money can pay to clean up pollution and restore places harmed by a transportation facility. That can include adding or upgrading stormwater treatment systems so they meet federal and state Clean Water Act rules (sections 401 and 402) when the harm was wholly or partly caused by the facility. When a facility is being reconstructed, rehabilitated, resurfaced, or restored, money for these environmental fixes may not exceed 20 percent of the total cost of that work.
Full Legal Text
Title 23, §328
Highways, Source: USLM XML via OLRC
(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 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)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.
Reference
Citations & Metadata
Citation
23 U.S.C. § 328
Title 23, Highways
Last Updated
Sep 22, 2026
Release point: 119-110