[Federal Register Volume 63, Number 181 (Friday, September 18, 1998)]
[Pages 49948-49951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24914]



Federal Highway Administration

Transportation Equity Act for the 21st Century; Implementation of 
Guidance for Discretionary Program Funds for National Scenic Byways

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice.


SUMMARY: This document publishes implementation guidance on the 
Transportation Equity Act for the 21st Century (TEA-21), enacted on 
June 9, 1998, for eligible candidate projects in Fiscal Year 1999 
concerned with the scenic byways program. Implementation guidance 
materials on these topics were issued to FHWA region and division 
offices on July 7, 1998. This material describes activities eligible 
for discretionary funding, the application proccess, and criteria used 
to evaluate candidate projects.

FOR FURTHER INFORMATION CONTACT: Mr. Eugene Johnson, HEP-10, (202)366-
2071; or Mr. Bob Black, HCC-32, Office of the Chief Counsel, (202)366-
1359, Federal Highway Administration, 400 Seventh Street, SW., 
Washington, D.C. 20590-0001. Office hours are from 7:45 a.m. to 4:15 
p.m., e.t., Monday through Friday, except for Federal holidays.


Electronic Access

    An electronic copy of this document may be downloaded using a modem 
and suitable communications software from the Government Printing 
Office Electronic Bulletin Board Service at (202)512-1661. Internet 
users may reach the Federal Register's home page at: http://
www.nara.gov/fedreg and the Government Printing Office's database at: 


    The TEA-21 (Pub. L. 105-178, 112 Stat. 107) implementation guidance 
published in this Federal Register notice is provided for informational 
purposes. Specific questions on any of the material published in this 
notice should be directed to the appropriate contact person named in 

    Authority: 23 U.S.C. 315; 49 CFR 1.48.

    Issued on: September 10, 1998.
Kenneth R. Wykle,
Federal Highway Administration Administrator.
    The text of the FHWA guidance memorandum follows:
    Action: Request for Projects for Fiscal Year (FY) 1999 Scenic 
Byways Discretionary

[[Page 49949]]

Funds (Reply due: September 1, 1998) Date: July 7, 1998.
    Associate Administrator for Program Development, Regional 
Administrators, Division Administrators, Federal Lands Highway 
Program Administrator Reply to Attn. of: HEP-10.
    The Transportation Equity Act for the 21st Century (TEA-21) 
makes scenic byways discretionary funds available to undertake 
eligible projects along highways designated as National Scenic 
Byways, All-American Roads, or State scenic byways. Attached is the 
application information for these funds. All applications must be 
submitted to the division offices by August 21, 1998, and forwarded 
to the Headquarters office (HEP-10) by September 1, 1998.
    We recently allocated $7 million of the $23.5 million available 
for FY 1998. As a result, there is approximately $16.5 million of FY 
1998 funds remaining. We had originally intended to allocate these 
additional FY 1998 funds to projects selected from the previously 
submitted FY 1998 candidates. Because we are in the last quarter of 
FY 1998, we have instead decided to combine the available FY 1998 
and FY 1999 funds in one solicitation. Those projects submitted for 
FY 98 grants that were not funded from the $7 million do not need to 
be resubmitted by the States. They will be considered for funding 
under this FY 1999 action.
    With this memorandum, we are requesting submission of eligible 
candidate projects for FY 1999 scenic byways discretionary funds. A 
total of $23.5 million is provided in TEA-21 for FY 1999 grants and 
technical assistance activities. The full amount of these funds 
along with the carryover funds from FY 1998 are being combined to 
make approximately $40 million available for the FY 1999 grant 
    Priority consideration will be given to those roads that have 
been designated as National Scenic Byways or All-American Roads. 
However, roads designated as State Scenic Byways before August 21, 
1998, through legislation or some other official declaration for 
their scenic, historic, recreational, cultural, archaeological, or 
natural qualities are eligible for funding consideration.
    While the States have until August 21, grant applications should 
be submitted as soon as possible. Early submissions will allow for 
the expeditious completion of the review process and an opportunity 
for the States to resolve any issues discovered during the review 
that would otherwise affect approval of the requested funds.
    If you have any questions, please contact Mr. Eugene Johnson at 
(202) 366-2071.

Henry H. Rentz for Thomas J. Ptak

Attachment--National Scenic Byways Program Discretionary Grant 
Application Procedures


    The information contained in this section serves as guidance in 
identifying the specific work activities that are recognized as 
eligible projects under the Scenic Byways Program in accordance with 
Section 1219 of the Transportation Equity Act for the 21st Century 

(1) Planning, design, and development of a State scenic byway 

    This applies to those States that are about to establish or that 
may be in the early development of their scenic byways programs. All 
related project activities must yield information and/or provide 
related work that would impact upon the statewide scenic byways 
    Eligible projects may focus on an individual scenic byway, only 
if the information obtained from the work activity could be used in 
determining the makeup and design of the overall State program.
    Program activities associated with planning, design, and 
development include:
     Research or studies leading to the development of 
designation criteria, the structure of the State's scenic byways 
program and designation process, and the development of themes for 
byways on a statewide basis.
     Technical assistance (workshops, conferences, seminars, 
program coordination) to specifically provide awareness and 
education about the management, operation, and development of the 
scenic byways program to people involved in the program process.
     Activities associated with identifying and planning 
tourist amenities on scenic byways on a statewide basis.
     Activities associated with assessing the economic 
impacts of an individual byway or a statewide program of byways.

(2) Develop and Implement a Corridor Management Plan to Maintain 
the Scenic, Historical, Recreational, Cultural, Natural, and 
Archaeological Characteristics of a Byway Corridor While Providing 
for Accommodation of Increased Tourism and Development of Related 

    Corridor management plans provide a comprehensive understanding 
of the route and the community's plans to preserve and enhance it. 
Eligible activities under this category include; inventory, public 
meetings, maps, and preparation and printing of the report.
    Applicants must address the 14 points of corridor management 
planning as published in the Federal Register in the May 1995 
Interim Policy.

(3) Safety Improvements to a State Scenic Byway, National Scenic 
Byway, or All-American Road to the Extent That the Improvements are 
Necessary to Accommodate Increased Traffic and Changes in the Types 
of Vehicles Using the Highway as a Result of the Designation.

    These improvements are construction features necessary to 
correct safety problems. They are restricted to designated scenic 
byways 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 the highway's designation as a scenic byway.

(4) Construction Along a 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 identified under this category must 
be constructed within or immediately adjacent to the right-of-way of 
the scenic byway. The facilities must be directly related to the 
scenic byway. Interpretive facilities must relate to the scenic, 
historic, cultural, archeological, recreational, or natural 
qualities which contributed to the highway's designation as a scenic 
byway. They may not be established as general tourist information 

(5) Improvements to the Scenic Byway That Will Enhance Access to a 
Recreation Area, Including Water-Related Recreation

    All eligible project improvements are focused on construction 
and related work activities that provide access from the scenic 
byway. In this instance, all improvements must be related 
construction modifications that are made to the highway to enhance 
existing access to recreational areas. Improvements are 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.

(6) Protection of Scenic, Historical, Recreational, Cultural, 
Natural, and Archaeological Resources in an Area Adjacent to a 
Scenic Byway

    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 involves 
use-restrictions that are in the form of easements. However, the 
purchase of the resource could be considered only after it has been 
determined that all other protection measures are unsuccessful. 
Protection of a resource encompasses neither rehabilitation nor 
renovation of a property.

(7) 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 could provide information relating to the State's total 
network of scenic byways or it could 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 and business advertising are not 
permitted on tourist information that has been developed with grant 
funds received under the scenic byways program. The National Scenic 
Byways Program logo should be used on all printed material, audio 
and video tapes, interpretive exhibits, and kiosks. FHWA should be 
recognized as a funding source on all interpretive and information 

[[Page 49950]]

(8) Development and Implementation of a Scenic Byway Marketing 

    Development and implementation of a marketing program includes: 
byway marketing plans (if not previously developed in corridor 
management plan), advertising, trade show exhibits and registration, 
press kits, marketing research, hospitality training, and 
development of videos. For funding purposes, lists of trade shows 
with associated costs for each must be provided with the 
application. The National Scenic Byways Program logo should be used 
on all printed material, videos, exhibits, and other collateral 
products. FHWA should be recognized as a funding source on all 
marketing products.
    All projects must be specific to the byway(s) and FHWA 
encourages those projects that include multiple byways either within 
a state system or within a region (multi-state). Implementation 
projects will not be funded without the completion of a marketing 
plan and projects must be consistent with the plan. Target markets 
should be identified prior to application and the project narrative 
should clearly demonstrate how that market will be reached through 
implementation of the proposed project. Include evaluation and/or 
tracking methods to be implemented for the proposed project, where 

II. Selection Criteria

    To evaluate the submitted candidate project for selection, we 
will be considering several criteria. The following statutory 
criteria are found in Section 1219 of TEA-21:
    1. The funds shall be allocated among the States to:
    ``(A) implement projects on highways designated as National 
Scenic Byways, All-American Roads, or as State scenic byways; and
    (B) plan, design, and develop a State scenic byway program.''
    2. We are required to give priority to:
    ``(A) Each eligible project that is associated with a highway 
that has been designated as a National Scenic Byway or All-American 
Road and that is consistent with the corridor management plan for 
the byway;
    (B) Each eligible project along a State-designated scenic byway 
that is consistent with the corridor management plan for the byway, 
or is intended to foster the development of such a plan, and is 
carried out to make the byway eligible for designation as a National 
Scenic Byway or All-American Road; and
    (C) Each eligible project that is associated with the 
development of a State scenic byway program.''
    Although there are no regulatory criteria for selection of 
Scenic Byway discretionary projects, the following criteria are also 
considered in the evaluation of candidates for this program:
    1. Project Type: In selecting projects for funding, preference 
is given to project types in the following order:
    a. State program development and safety improvements
    b. Byway interpretation
    c. Highway improvements
    2. Funding Expenditures: The timely use of scenic byways funds 
generally indicates how successful a State has been in meeting its 
project work plan. States showing greater progress toward the 
completion of prior approved projects are better positioned to 
initiate new projects and show a greater need for additional 
    3. Leveraging of Private or other public funding: Because the 
annual request for funding far exceed the available scenic byways 
discretionary funds, commitment of other funding sources to 
complement the requested discretionary funding is an important 

III. Submission Requirements

    In order for each funding request to be properly evaluated, a 
standard format is used for the Scenic Byways grant applications.

Project Information

    The information identified in these sections must be prepared 
for each project submitted by the State. Information is provided 
below on each of the sections for clarity.

Section A: Program Requirements

    This section provides verification of the State Scenic Byways 
Program and identifies the scenic byways coordinator, agency, and 

Section B: Project Name & Location

    This section identifies the State project and the byway.
     Project Name: A brief descriptor of the project (e.g., 
Rocky Top Scenic Byway: Bicycle and Pedestrian Facility).
     Project Number: The priority number assigned by the 
State (01, 02, etc.).
     Project Location: The place within the State where 
project activities will occur (statewide, Orange County, or Town of 
Paloma to Bridgeport city limits).
     Date of State Byway Designation: Must be given for each 
byway on which project activities occur (e.g., the State designation 
occurred March 2, 1990 while another organization designated 
earlier: USFS designation October 18, 1989).
     Scenic Byways Associated with the Project names and 
route numbers must be provided.
     U.S. Congressional Districts: Names and corresponding 
districts are required. For statewide projects say ``All.''
     Identify the appropriate quality(s) for which your 
route was designated.

Section C: Project Description

    The information provided here is a narrative description of the 
work to be performed and the location of the project. It must be 

Section D: Work Plan & Time Table

    Provide a detailed work plan for each project describing the 
chronological steps that will be taken.

Section E: Project Priority

    This should describe how the project meets the project 

Section F: Project Type

    Identify which of the eight (8) eligible project types the 
project represents.

Section G: Project Funding

    This represents the total costs for each project and must be 
prepared as indicated in the following Project Budget Summary Table:

                                Project breakdown                                 Third Party Donations--To be completed when State share includes third
---------------------------------------------------------------------------------                             party donations                           
                                              Total       Federal                -----------------------------------------------------------------------
   Project number & name 04: Flat Rock       project     share (80%  State share                                                                        
Scenic Byway: Shining Rock Falls Overlook  cost (100%)     max.)      (20% min.)   Third party match source(s)           Match type          Match value
Kiosk....................................       $4,000       $3,200         $800  Redwing Lumber Company......  Construction Materials,             $300
Interpretive Panels (3)..................        5,625        4,500        1,125  Sight Design Co.............  Design Services 12hrs @$50/          600
Right-of-Way purchase....................        6,000        4,800        1,200  ............................  ...........................  ...........
Parking lot construction and paving......       30,000       24,000        6,000  ABC Construction............  Labor & Materials for site         6,000
                                                                                                                 preparation & drainage                 
                                                                                                                 systems installation.                  
Project Total............................      $45,625      $36,500       $9,125                                                                        
(1)Third Party Donation Total                   $6,900                                                                                                  

Section H: Intrinsic Quality Protection

    Provide an explanation of how the project will protect the 
scenic, historical, recreational, cultural, natural, and 
archaeological integrity of the highway and adjacent areas.

Section I: Matching Funds Certification

    The State Scenic Byway Agency must substantiate that the 
matching funds are

[[Page 49951]]

available for the project and sign in this section after 
confirmation is made.

Section J: Project Coordinator

    This should be either the State Scenic Byways Coordinator or the 
local person or agency in charge of the project.

[FR Doc. 98-24914 Filed 9-17-98; 8:45 am]