[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.
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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]
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