Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices 26759

[FHWA Docket No. 95–15]

National Scenic Byways Program

AGENCY: Federal Highway

Administration (FHWA), DOT.

ACTION: Notice of FHWA interim policy.

SUMMARY: In response to the Intermodal

Surface Transportation Efficiency Act of

1991 (ISTEA) mandate to establish a

national scenic byways program, the

FHWA announces its interim policy for

the National Scenic Byways Program.

This interim policy sets forth the criteria

for the designation of roads as National

Scenic Byways or All-American Roads

based upon their scenic, historic,

recreational, cultural, archeological,

and/or natural intrinsic qualities.

DATES: Comments must be received on

or before July 17, 1995.

ADDRESSES: Submit written, signed

comments to FHWA Docket No. 95–15,

Federal Highway Administration Room

4232, HCC–10, Office of the Chief

Counsel, 400 Seventh Street, SW.,

Washington, D.C. 20590. All comments

received will be available for

examination at the above address

between 8:30 a.m. and 3:30 p.m., e.t.,

Monday through Friday, except Federal

holidays.

FOR FURTHER INFORMATION CONTACT: Mr.

Eugene Johnson, Intermodal Division,

Office of Environment and Planning,

HEP–50, (202) 366–2071; or Mr. Robert

Black, Attorney, Office of Chief Counsel,

HCC–31, (202) 366–1359. The address is

Federal Highway Administration, 400

Seventh Street, SW., Washington, D.C.

20590. Office hours are from 7:45 a.m.

to 4:15 p.m., e.t., Monday through

Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: Beginning

as early as 1966, the FHWA has

participated in several studies relating

to establishing national scenic byways

programs. The most recent study was

completed in 1991 and was conducted

in response to a request in the 1990

Department of Transportation

Appropriations Act. This study

included recommendations for

establishing a national scenic byways

program, including recommended

techniques for maintaining and

enhancing the scenic, recreational, and

historic qualities associated with each

byway. The ISTEA incorporated many

of the recommendations from this study

and called for the establishment of a

national scenic byways program.

Section 1047 of the ISTEA, Pub. L. 102–

240, 105 Stat. 1914, set up an advisory

committee to assist the Secretary of

Transportation in establishing a national

scenic byways program. The advisory

committee was composed of seventeen

members: the designee of the

Administrator of the FHWA; appointees

from the U. S. Forest Service, the

National Park Service, the Bureau of

Land Management, the Bureau of Indian

Affairs, and the U.S. Travel and

Tourism Administration of the

Department of Commerce; and

individuals representing the interests of

the recreational users of scenic byways,

conservationists, the tourism industry,

historic preservationists, highway users,

State and local highway and

transportation officials, the motoring

public, scenic preservationists, the

outdoor advertising industry, and the

planning professions. The advisory

committee was charged with developing

minimum criteria for designating

highways as scenic byways or allAmerican roads for purposes of a

national scenic byways system. After

meeting four times, the advisory

committee produced a report that made

recommendations on all the facets of a

national scenic byway program. The

National Scenic Byway Program

outlined in this notice follows those

recommendations.

The FHWA has awarded grants to

States for scenic byway projects under

the interim scenic byways program

established by ISTEA. The grant funds

for the interim program ran out in fiscal

year 1994. This notice specifies the type

of projects eligible for funding and lists

the funding priority for providing grants

to the States under the National Scenic

Byways Program.

Through this notice, the FHWA is

establishing the interim policy for the

National Scenic Byways Program. This

interim policy sets forth the criteria for

the designation of roads as National

Scenic Byways or All-American Roads

based upon their scenic, historic,

recreational, cultural, archeological,

and/or natural intrinsic qualities. To be

designated as a National Scenic Byway,

a road must significantly meet criteria

for at least one of the above six intrinsic

qualities. For the All-American Roads

designation, criteria must be met for

multiple intrinsic qualities. Anyone

may nominate a road for National

Scenic Byway or All-American Road

status, but the nomination must be

submitted through a State’s identified

scenic byway agency and include a

corridor management plan designed to

protect the unique qualities of a scenic

byway. The FHWA solicits comments

on any part of the policy.

The National Scenic Byways Policy is

as follows:

1. Applicability

The policy and procedures of this

document apply to any State or Federal

agency electing to participate in the

National Scenic Byways Program by

seeking to have a road or highway

designated as a National Scenic Byway

or an All-American Road and for any

State seeking funds for eligible scenic

byways projects. Participation in the

national program shall be entirely

voluntary.

2. Definitions

a. Corridor means the road or highway

right-of-way and the adjacent area that

is visible from and extending along the

highway. The distance the corridor

extends from the highway could vary

with the different intrinsic qualities.

b. Corridor Management Plan means a

written document that specifies the

actions, procedures, controls,

operational practices, and

administrative strategies to maintain the

scenic, historic, recreational, cultural,

archeological, and natural qualities of

the scenic byway.

c. Federal Agency means the U.S.

Forest Service, Bureau of Land

Management, National Park Service, and

the Bureau of Indian Affairs, and their

scenic byways programs.

d. Federal Agency Scenic Byway

means a road or highway located on

lands under Federal ownership which

has been officially designated by the

responsible Federal agency as a scenic

byway for its scenic, historic,

recreational, cultural, archeological, or

natural qualities.

e. Intrinsic Quality means scenic,

historic, recreational, cultural,

archeological, or natural features that

are considered representative, unique,

irreplaceable, or distinctly characteristic

of an area.

f. Local Commitment means assurance

provided by communities along the

scenic byway that they will undertake

actions, such as zoning and other

protective measures, to preserve the

scenic, historic, recreational, cultural,

archeological, and natural integrity of

the scenic byway and the adjacent area

as identified in the corridor

management plan.

g. Regional Significance means

characteristics that are representative of

a geographic area encompassing two or

more States.

h. Scenic Byways Agency means the

Board, Commission, Bureau,

Department, Office, etc., that has the

responsibility for administering the

State’s scenic byways program

activities. Unless otherwise designated,

FHWA will assume that the State Scenic

Byways Agency is the State Department

of Transportation or State highway

agency as recognized in the
26760 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices

administration of title 23, United States

Code.

i. Scenic Byway means a public road

having special scenic, historic,

recreational, cultural, archeological,

and/or natural qualities that have been

recognized as such through legislation

or some other official declaration. The

terms ‘‘road’’ and ‘‘highway’’ are

synonymous. They are not meant to

define higher or lower functional

classifications or wider or narrower

cross-sections. Moreover, the terms

State Scenic Byway, National Scenic

Byway, or All-American Road refer not

only to the road or highway itself but

also to the corridor through which it

passes.

j. State Scenic Byway means a road or

highway under State, Federal, or local

ownership that has been designated by

the State through legislation or some

other official declaration for its scenic,

historic, recreational, cultural,

archeological, or natural qualities. An

Official Declaration is an action taken

by a Governor or that of an individual,

board, committee, or political

subdivision acting with granted

authority on behalf of the State.

3. Requirements

a. Any highway or road submitted for

designation under the National Scenic

Byways Program by State or Federal

agencies should be designated as a State

scenic byway. However, roads that meet

all criteria and requirements for

National designation but not State or

Federal agencies’ designation criteria

may be considered for national

designation on a case-by-case basis. Any

road nominated for the National Scenic

Byway or All-American Road

designation will be considered to be a

designated State scenic byway.

b. A road or highway must safely and

conveniently accommodate two-wheeldrive automobiles with standard

clearances to be considered for

designation as a National Scenic Byway

or an All-American Road.

c. Roads or highways considered for

National Scenic Byways and AllAmerican Roads designations should

accommodate, wherever feasible,

bicycle and pedestrian travel.

d. To be considered for the AllAmerican Roads designation, roads or

highways should safely accommodate

conventional tour buses.

e. A scenic byways corridor

management plan, prepared in

accordance with Paragraph 9 of this

policy, must be submitted in order for

any road or highway to be considered

for the National Scenic Byway of AllAmerican Road designation.

f. For All-American Roads, there must

be a demonstration of the extent to

which enforcement mechanisms are

being implemented by communities

along the highway in accordance with

the corridor management plan.

g. Before a road or highway is

nominated for designation as an AllAmerican Road, user facilities (e.g.

overlooks, food services, etc.) should be

available for travelers.

h. An important criteria for both

National Scenic Byways and AllAmerican Roads is continuity. Neither

should have too many gaps but rather

should be as continuous as possible and

should minimize intrusions on the

visitor’s experience.

4. Nomination Process

a. A nomination process will be used

as the means by which roads or

highways may be recognized for their

intrinsic qualities and designated as

National Scenic Byways or as AllAmerican Roads. All nominations for

National Scenic Byways or AllAmerican Roads must be submitted by

the State Scenic Byways Agency (SSBA)

to the FHWA. The States will receive

written notification of the time period

for submitting nominations for

designation consideration.

b. Nominations may originate from

any local government, including Indian

tribal governments, or any private group

or individual.

c. Nominations to the program of

byways on public lands may originate

from the U.S. Forest Service, the

National Park Service, the Bureau of

Land Management, or the Bureau of

Indian Affairs, but must also come

through the SSBA, with the State’s

concurrence.

d. A two-step process may be used for

nominations originating with local

sponsors to help alleviate unnecessary

documentation, time, and expense.

The first step is for local sponsors to

submit to the SSBA the documentation

necessary for the State to determine if

the scenic byway possesses intrinsic

qualities sufficient to merit its

nomination as a National Scenic Byway

or an All-American Road.

The second step is for the remainder

of the nomination package to be

submitted once the State has

determined that the byway is

appropriate for nomination.

e. A corridor management plan,

prepared in accordance with Paragraph

9 of this policy, must be included as

part of all nominations made to the

FHWA for National Scenic Byways or

All-American Roads designations. The

corridor management plan is not

required for the preliminary intrinsic

quality evaluation identified above in

paragraph 4d.

f. A single application may be used by

a State to seek the designation of a

nominated highway as either a National

Scenic Byway, an All-American Road,

or as both. A highway nominated for,

but failing to meet, the requirements for

All-American Road designation will

automatically be considered for

designation as a National Scenic Byway

unless the State requests otherwise.

5. Designation Process

a. Designations of National Scenic

Byways and All-American Roads shall

be made by the Secretary of

Transportation after consultation with

the Departments of the Interior,

Agriculture, and Commerce, as

appropriate.

b. A panel consisting of six to eight

experts, designated by FHWA and

reflecting a cross-section of the scenic

byways community of interests

(including experts on intrinsic qualities,

tourism, and economic development),

may assist in the review of highways

nominated as National Scenic Byways

and All-American Roads.

6. Designation Criteria

a. National Scenic Byways Criteria

To be designated as a National Scenic

Byway, a road or highway must

significantly meet at least one of the six

scenic byways intrinsic qualities

discussed below.

The characteristics associated with

the intrinsic qualities are those that are

distinct and most representative of the

region. The significance of the features

contributing to the distinctive

characteristics of the corridor’s intrinsic

quality are recognized throughout the

region.

b. All-American Road Criteria

In order to be designated as an AllAmerican Road, the road or highway

must meet the criteria for at least two of

the intrinsic qualities. The road or

highway must also be considered a

destination unto itself. To be recognized

as such, it must provide an exceptional

traveling experience that is so

recognized by travelers that they would

make a drive along the highway a

primary reason for their trip.

The characteristics associated with

the intrinsic qualities are those which

best represent the nation and which

may contain one-of-a-kind features that

do not exist elsewhere. The significance

of the features contributing to the

distinctive characteristics of the

corridor’s intrinsic quality are

recognized nationally.
Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices 26761

7. Intrinsic Qualities

The six intrinsic qualities are:

a. Scenic Quality is the heightened

visual experience derived from the view

of natural and manmade elements of the

visual environment of the scenic byway

corridor. The characteristics of the

landscape are strikingly distinct and

offer a pleasing and most memorable

visual experience. All elements of the

landscape—landform, water, vegetation,

and manmade development—contribute

to the quality of the corridor’s visual

environment. Everything present is in

harmony and shares in the intrinsic

qualities.

b. Natural Quality applies to those

features in the visual environment that

are in a relatively undisturbed state.

These features predate the arrival of

human populations and may include

geological formations, fossils, landform,

water bodies, vegetation, and wildlife.

There may be evidence of human

activity, but the natural features reveal

minimal disturbances.

c. Historic Quality encompasses

legacies of the past that are distinctly

associated with physical elements of the

landscape, whether natural or

manmade, that are of such historic

significance that they educate the

viewer and stir an appreciation for the

past. The historic elements reflect the

actions of people and may include

buildings, settlement patterns, and other

examples of human activity. Historic

features can be inventoried, mapped,

and interpreted. They possess integrity

of location, design, setting, material,

workmanship, feeling, and association.

d. Cultural Quality is evidence and

expressions of the customs or traditions

of a distinct group of people. Cultural

features including, but not limited to,

crafts, music, dance, rituals, festivals,

speech, food, special events, vernacular

architecture, etc., are currently

practiced. The cultural qualities of the

corridor could highlight one or more

significant communities and/or ethnic

traditions.

e. Archeological Quality involves

those characteristics of the scenic

byways corridor that are physical

evidence of historic or prehistoric

human life or activity that are visible

and capable of being inventoried and

interpreted. The scenic byway corridor’s

archeological interest, as identified

through ruins, artifacts, structural

remains, and other physical evidence

have scientific significance that educate

the viewer and stir an appreciation for

the past.

f. Recreational Quality involves

outdoor recreational activities directly

association with and dependent upon

the natural and cultural elements of the

corridor’s landscape. The recreational

activities provide opportunities for

active and passive recreational

experiences. They include, but are not

limited to, downhill skiing, rafting,

boating, fishing, and hiking. Driving the

road itself may qualify as a pleasurable

recreational experience. The

recreational activities may be seasonal,

but the quality and importance of the

recreational activities as seasonal

operations must be well recognized.

8. De-Designation Process

a. The Secretary of Transportation

may de-designate any roads or highways

designated as National Scenic Byways

or All-American Roads if they no longer

possess the intrinsic qualities nor meet

the criteria which supported their

designation.

b. A road or highway will be

considered for de-designation when it is

determined that the local and/or State

commitments described in a corridor

management plan have not been met

sufficiently to retain an adequate level

of intrinsic quality to merit designation.

c. When a byway has been designated

for more than one intrinsic quality, the

diminishment of any one of the qualities

could result in de-designation of the

byway as a National Scenic Byway or

All-American Road.

d. It shall be the State’s responsibility

to assure that the intrinsic qualities of

the National Scenic Byways and AllAmerican Roads are being properly

maintained in accordance with the

corridor management plan.

e. When it is determined that the

intrinsic qualities of a National Scenic

Byway or All-American Road have not

been maintained sufficiently to retain its

designation, the State and/or Federal

agency will be notified of such finding

and allowed 90 days for corrective

actions before the Secretary may begin

formal de-designation.

9. Corridor Management Plans

a. A corridor management plan,

developed with community

involvement, must be prepared for the

scenic byway corridor proposed for

national designation. It should provide

for the conservation and enhancement

of the byway’s intrinsic qualities as well

as the promotion of tourism and

economic development. The plan

should provide an effective management

strategy to balance these concerns while

providing for the users’ enjoyment of

the byway. The corridor management

plan is very important to the

designation process, as it provides an

understanding of how a road or highway

possesses characteristics vital for

designation as a National Scenic Byway

or an All-American Road. The corridor

management plan must include at least

the following:

(1) A map identifying the corridor

boundaries and the location of intrinsic

qualities and different land uses within

the corridor.

(2) An assessment of such intrinsic

qualities and of their context.

(3) A strategy for maintaining and

enhancing those intrinsic qualities. The

level of protection for different parts of

a National Scenic Byway or AllAmerican Road can vary, with the

highest level of protection afforded

those parts which most reflect their

intrinsic values. All nationally

recognized scenic byways should,

however, be maintained with

particularly high standards, not only for

travelers’ safety and comfort, but also

for preserving the highest levels of

visual integrity and attractiveness.

(4) A schedule and a listing of all

agency, group, and individual

responsibilities in the implementation

of the corridor management plan, and a

description of enforcement and review

mechanisms, including a schedule for

the continuing review of how well those

responsibilities are being met.

(5) A strategy describing how existing

development might be enhanced and

new development might be

accommodated while still preserving

the intrinsic qualities of the corridor.

This can be done through design review,

and such land management techniques

as zoning, easements, and economic

incentives.

(6) A plan to assure on-going public

participation in the implementation of

corridor management objectives.

(7) A general review of the road’s or

highway’s safety and accident record to

identify any correctable faults in

highway design, maintenance, or

operation.

(8) A plan to accommodate commerce

while maintaining a safe and efficient

level of highway service, including

convenient user facilities.

(9) A demonstration that intrusions on

the visitor experience have been

minimized to the extent feasible, and a

plan for making improvements to

enhance that experience.

(10) A demonstration of compliance

with all existing local, State, and

Federal laws on the control of outdoor

advertising.

(11) A signage plan that demonstrates

how the State will insure and make the

number and placement of signs more

supportive of the visitor experience.

(12) A narrative describing how the

National Scenic Byway will be

positioned for marketing.
26762 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices

(13) A discussion of design standards

relating to any proposed modification of

the roadway. This discussion should

include an evaluation of how the

proposed changes may affect on the

intrinsic qualities of the byway corridor.

(14) A description of plans to

interpret the significant resources of the

scenic byway.

b. In addition to the information

identified in Paragraph 9a above,

corridor management plans for AllAmerican Roads must include:

(1) A narrative on how the AllAmerican Road would be promoted,

interpreted, and marketed in order to

attract travelers, especially those from

other countries. The agencies

responsible for these activities should

be identified.

(2) A plan to encourage the

accommodation of increased tourism, if

this is projected. Some demonstration

that the roadway, lodging and dining

facilities, roadside rest areas, and other

tourist necessities will be adequate for

the number of visitors induced by the

byway’s designation as an All-American

Road.

(3) A plan for addressing multilingual information needs.

Further, there must be a

demonstration of the extent to which

enforcement mechanisms are being

implemented in accordance with the

corridor management plan.

10. Funding

a. Funds are available to the States

through a grant application process to

undertake eligible projects, as identified

below in Paragraph 10c, for the purpose

of:

(1) Planning, designing, and

developing State scenic byways

programs, including the development of

corridor management plans.

(2) Developing State and Federal

agencies’ designated scenic byways to

make them eligible for designation as

National Scenic Byways or AllAmerican Roads.

(3) Enhancing or improving

designated National Scenic Byways or

All-American Roads.

b. The State highway agency (SHA)

shall be responsible for the submission

of grant requests to the FHWA. If the

SHA is not the identified scenic byways

agency, all grant requests must be

forwarded from that agency to the SHA

for submission to FHWA.

c. Eligible Projects

The following project activities are

eligible for scenic byways grants:

(1) Planning, design, and

development of State scenic byway

programs.

This scenic byways activity would

normally apply to those States that are

about to establish or they are in the

early development of their scenic

byways programs. All related project

activities must yield information and/or

provide related work that would impact

on the Statewide scenic byways

program.

(2) Making safety improvements to a

highway designated as a scenic byway

to the extent such improvements are

necessary to accommodate increased

traffic and changes in the types of

vehicles using the highway, due to such

designation.

Safety improvements are restricted to

the highway that has been designated as

a scenic byway and must be the direct

result of increased traffic and/or

changes in the types of vehicles using

the highway. The safety improvements

are only considered eligible when they

arise as a result of designation of the

highway as a scenic byway. Any safety

deficiencies that existed prior to

designation of the highway as a scenic

byway are not eligible for funding

considerations.

(3) Construction along the scenic

byway of facilities for the use of

pedestrians and bicyclists, rest areas,

turnouts, highway shoulder

improvements, passing lanes, overlooks,

and interpretive facilities.

All the related facilities in this

category must be constructed within or

immediately adjacent to the right-of-way

of the scenic byway. The facilities must

also be directly related to the scenic

byway.

(4) Improvements to the scenic byway

that will enhance access to an area for

the purpose of recreation, including

water-related recreation.

All eligible projects in this category

must be construction alterations that are

made to the scenic byway to enhance

existing access to recreational areas.

Improvements are generally confined to

the right-of-way of the scenic byway.

However, the acquisition of additional

right-of-way along the byway is

permitted when warranted to

accommodate access improvements to

the byway.

(5) Protecting historical,

archeological, and cultural resources in

areas adjacent to the highways.

Resource protection applies only to

those properties that contribute to the

qualities for which the highway has

been designated as a scenic byway. The

properties must be located directly

adjacent to the scenic byway. Resource

protection includes use restrictions that

are in the form of easements. However,

the purchase of the resource can be

considered eligible only after it has been

determined that all other protection

measures are unsuccessful. Protection of

a resource does not include

rehabilitation or renovation of a

property.

(6) Developing and providing tourist

information to the public, including

interpretive information about the

scenic byway.

All information must be associated

with the State’s scenic byways. It may

provide information relating to the

State’s total network of scenic byways or

it may address a specific byway’s

intrinsic qualities and/or related user

amenities. All interpretive information

should familiarize the tourists with the

qualities that are important to the

highway’s designation as a scenic

byway. Tourist information can be in

the form of signs, brochures, pamphlets,

tapes, and maps. Product advertising is

not permitted on tourist information

that has been developed with grant

funds received under the scenic byways

program.

d. No grant shall be awarded for any

otherwise eligible project that would not

protect the scenic, historic, cultural,

natural, and archeological integrity of

the highway and adjacent area.

11. Scenic Byways and the Prohibition

of Outdoor Advertising

As provided at 23 U.S.C. 131(s), if a

State has a State scenic byway program,

the State may not allow the erection of

new signs not in conformance with 23

U.S.C. 131(c) along any highway on the

Interstate System or Federal-aid primary

system which before, on, or after

December 18, 1991, has been designated

as a scenic byway under the State’s

scenic byway program. This prohibition

would also apply to Interstate System

and Federal-aid primary system

highways that are designated scenic

byways under the National Scenic

Byways Program and All-American

Roads Program, whether or not they are

designated as State scenic byways.

(Sec. 1047, Pub. L. 102–240, 105 Stat. 1914,

1948, 1996; 23 U.S.C. 131(s); 23 U.S.C. 315;

49 CFR 1.48)

Issued on: May 11, 1995.

Rodney E. Slater,

Administrator, Federal Highway

Administration.

[FR Doc. 95–12211 Filed 5–17–95; 8:45 am]

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