---
kind: "section"
citation: "23 U.S.C. § 328"
title: "23"
title_heading: "Highways"
number: "328"
heading: "Eligibility for environmental restoration and pollution abatement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/23/328"
units:
  - "Chapter 3 — General Provisions"
---

# §328. Eligibility for environmental restoration and pollution abatement

- (a) **In General.—** Subject to [subsection (b)](#b), environmental restoration and pollution abatement to minimize or mitigate the impacts of any transportation [project](/usc/23/101.md?p=a-20) funded under this title (including retrofitting and [construction](/usc/23/101.md?p=a-4) of stormwater treatment systems to meet Federal and [State](/usc/23/101.md?p=a-28) requirements under sections 401 and 402 of the Federal Water Pollution Control Act ([33 U.S.C. 1341](/usc/33/1341.md); 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)](#a) shall not exceed 20 percent of the total cost of the reconstruction, rehabilitation, resurfacing, or restoration of the facility.

## Source credit

(Added Pub. L. 109–59, title VI, § 6006(b), Aug. 10, 2005, 119 Stat. 1872.)