H. R. 3—729
‘‘(C) the State, after the notification and period pro-
vided 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 ABATE-
MENT; CONTROL OF NOXIOUS WEEDS AND AQUATIC NOX-
IOUS WEEDS AND ESTABLISHMENT OF NATIVE SPECIES. 
(a) MODIFICATION TO NHS/STP FOR ENVIRONMENTAL RESTORA-
TION, 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 abate-
ment 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
PRO-
GRAM.—Section 133(b) of title 23, is amended by striking para-
graph (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 res-
toration 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 transpor-
tation facility. 
‘‘(b) MAXIMUM EXPENDITURE.—In a case in which a transpor-
tation facility is undergoing reconstruction, rehabilitation, resur-
facing, 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 spe-
cies 
‘‘(a) IN GENERAL.—In accordance with all applicable Federal 
law (including regulations), funds made available to carry out this
H. R. 3—730
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 fol-
lowing 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 manage-
ment 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 transpor-
tation 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 estab-
lishment 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.
H. R. 3—731
‘‘(B) INDIVIDUAL ELEMENTS.—Subject to subparagraph 
(C), the Secretary shall determine, through the administra-
tive process established for exempting the Interstate 
System from section 106 of the National Historic Preserva-
tion Act (16 U.S.C. 470f), those individual elements of 
the Interstate System that possess national or exceptional 
historic significance (such as a historic bridge or a highly 
significant engineering feature). Such elements shall be 
considered to be a historic site under section 303 of title 
49 or section 138 of this title, as applicable. 
‘‘(C) CONSTRUCTION, MAINTENANCE, RESTORATION, AND 
REHABILITATION
ACTIVITIES.—Subparagraph (B) does not 
prohibit a State from carrying out construction, mainte-
nance, restoration, or rehabilitation activities for a portion 
of the Interstate System referred to in subparagraph (B) 
upon compliance with section 303 of title 49 or section 
138 of this title, as applicable, and section 106 of the 
National Historic Preservation Act (16 U.S.C. 470f).’’. 
SEC. 6008. INTEGRATION OF NATURAL RESOURCE CONCERNS INTO 
TRANSPORTATION PROJECT PLANNING. 
Section 109(c)(2) of title 23, United States Code, is amended—
(1) by striking ‘‘consider the results’’ and inserting ‘‘con-
sider—
‘‘(A) the results’’; 
(2) by striking the period at the end and inserting a semi-
colon; and 
(3) by adding at the end the following: 
‘‘(B) the publication entitled ‘Flexibility in Highway 
Design’ of the Federal Highway Administration; 
‘‘(C) ‘Eight Characteristics of Process to Yield Excel-
lence and the Seven Qualities of Excellence in Transpor-
tation Design’ developed by the conference held during 
1998 entitled ‘Thinking Beyond the Pavement National 
Workshop on Integrating Highway Development with 
Communities and the Environment while Maintaining 
Safety and Performance’; and 
‘‘(D) any other material that the Secretary determines 
to be appropriate.’’. 
SEC. 6009. PARKS, RECREATION AREAS, WILDLIFE AND WATERFOWL 
REFUGES, AND HISTORIC SITES. 
(a) PROGRAMS
AND PROJECTS WITH DE MINIMIS IMPACTS.—
(1) TITLE 23.—Section 138 of title 23, United States Code, 
is amended—
(A) in the first sentence, by striking ‘‘it is hereby’’ 
and inserting the following: ‘‘(a) DECLARATION OF POLICY.—
It is’’; and 
(B) by adding at the end the following: 
‘‘(b) DE MINIMIS IMPACTS.—
‘‘(1) REQUIREMENTS.—
‘‘(A) REQUIREMENTS FOR HISTORIC SITES.—The require-
ments of this section shall be considered to be satisfied 
with respect to an area described in paragraph (2) if the 
Secretary determines, in accordance with this subsection, 
that a transportation program or project will have a de 
minimis impact on the area.
H. R. 3—732
‘‘(B) REQUIREMENTS
FOR
PARKS, RECREATION
AREAS, 
AND WILDLIFE OR WATERFOWL REFUGES.—The requirements 
of subsection (a)(1) shall be considered to be satisfied with 
respect to an area described in paragraph (3) if the Sec-
retary determines, in accordance with this subsection, that 
a transportation program or project will have a de minimis 
impact on the area. The requirements of subsection (a)(2) 
with respect to an area described in paragraph (3) shall 
not include an alternatives analysis. 
‘‘(C) CRITERIA.—In making any determination under 
this subsection, the Secretary shall consider to be part 
of a transportation program or project any avoidance, mini-
mization, mitigation, or enhancement measures that are 
required to be implemented as a condition of approval 
of the transportation program or project. 
‘‘(2) HISTORIC SITES.—With respect to historic sites, the 
Secretary may make a finding of de minimis impact only if—
‘‘(A) the Secretary has determined, in accordance with 
the consultation process required under section 106 of the 
National Historic Preservation Act (16 U.S.C. 470f), that—
‘‘(i) the transportation program or project will have 
no adverse effect on the historic site; or 
‘‘(ii) there will be no historic properties affected 
by the transportation program or project; 
‘‘(B) the finding of the Secretary has received written 
concurrence from the applicable State historic preservation 
officer or tribal historic preservation officer (and from the 
Advisory Council on Historic Preservation if the Council 
is participating in the consultation process); and 
‘‘(C) the finding of the Secretary has been developed 
in consultation with parties consulting as part of the 
process referred to in subparagraph (A). 
‘‘(3) PARKS, RECREATION AREAS, AND WILDLIFE OR WATER-
FOWL REFUGES.—With respect to parks, recreation areas, or 
wildlife or waterfowl refuges, the Secretary may make a finding 
of de minimis impact only if—
‘‘(A) the Secretary has determined, after public notice 
and opportunity for public review and comment, that the 
transportation program or project will not adversely affect 
the activities, features, and attributes of the park, recre-
ation area, or wildlife or waterfowl refuge eligible for 
protection under this section; and 
‘‘(B) the finding of the Secretary has received concur-
rence from the officials with jurisdiction over the park, 
recreation area, or wildlife or waterfowl refuge.’’. 
(2) TITLE 49.—Section 303 of title 49, United States Code, 
is amended—
(A) by striking ‘‘(c) The Secretary’’ and inserting the 
following: 
‘‘(c) APPROVAL OF PROGRAMS AND PROJECTS.—Subject to sub-
section (d), the Secretary’’; and 
(B) by adding at the end the following: 
‘‘(d) DE MINIMIS IMPACTS.—
‘‘(1) REQUIREMENTS.—
‘‘(A) REQUIREMENTS FOR HISTORIC SITES.—The require-
ments of this section shall be considered to be satisfied 
with respect to an area described in paragraph (2) if the