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Superseded Guidance

Guidance on 23 U.S.C. ยง328 Environmental Restoration and Pollution Abatements

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U.S. Department of Transportation
Federal Highway Administration
Subject: INFORMATION : Guidance on 23 U.S.C. §328 Environmental Restoration and Pollution Abatement Date:
August 17, 2006
From: (Original signed by)
Cynthia J. Burbank
Associate Administrator, Planning, Environment and Realty
Reply to: HEPN-30
To: Directors of Field Services
Division Administrators
Federal Lands Highway Division Engineers

The FHWA is issuing the attached guidance on implementing 23 U.S.C. § 328, a new provision of law added to Title 23 by §6006 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). This guidance discusses the expanded eligibility of Federal-aid funds for environmental restoration and pollution abatement under this section.

AUTHORITY: SAFETEA-LU § 6006, 23 U.S.C. § 328

BACKGROUND: On August 10, 2005, the President signed into law the new surface transportation act, SAFETEA-LU. Section 6006 of SAFETEA-LU includes a provision that makes certain environmental restoration and pollution abatement activities to retrofit existing transportation projects, including stand-alone projects, eligible for Federal-aid funds under the NHS and the Surface Transportation Program (STP).

Prior to Section 6006 of SAFETEA-LU, the Transportation Equity Act for the 21st Century established an eligibility for retrofits to address environmental restoration and pollution abatement, more commonly referred to as stormwater treatment measures, under the STP program. This eligibility was limited to a total of 20 percent of the total cost of transportation projects undergoing reconstruction, rehabilitation, resurfacing or restoration. STP funds have also been available under the Transportation Enhancements Program, 23 U.S.C. 101(a)(35), for environmental mitigation to address water pollution due to highway runoff.

The SAFETEA-LU added NHS fund eligibility for retrofits to projects undergoing reconstruction, rehabilitation, resurfacing, or restoration, and provided that both NHS and STP funds could be used for stand-alone projects for retrofits to address water pollution or environmental degradation caused "wholly or partially by a transportation facility."


Attachment 1 - Guidance on Eligibility for Environmental Restoration and Pollution Abatement
Attachment 2 - Authority for Environmental Restoration and Pollution Abatement

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