[Federal Register Volume 60, Number 96 (Thursday, May 18, 1995)]
[Notices]
[Pages 26759-26762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12211]



[[Page 26759]]

DEPARTMENT OF TRANSPORTATION

[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 all-American 
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 [[Page 26760]] 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-
wheel-drive 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 All-
American Roads designations should accommodate, wherever feasible, 
bicycle and pedestrian travel.
    d. To be considered for the All-American 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 All-
American 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 All-
American Road, user facilities (e.g. overlooks, food services, etc.) 
should be available for travelers.
    h. An important criteria for both National Scenic Byways and All-
American 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 All-American Roads. All nominations for 
National Scenic Byways or All-American 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 All-American 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. [[Page 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 All-American 
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 All-American 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. [[Page 26762]] 
    (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 All-American Roads must include:
    (1) A narrative on how the All-American 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 multi-lingual 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 All-
American 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]
BILLING CODE 4910-22-P