23 U.S.C. § 329 : US Code - Section 329: Eligibility for control of noxious weeds and aquatic noxious weeds and establishment of native species

Search 23 U.S.C. § 329 : US Code - Section 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
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.