23 U.S.C. § 162 : US Code - Section 162: National scenic byways program

Search 23 U.S.C. § 162 : US Code - Section 162: National scenic byways program

(a) Designation of Roads. -
(1) In general. - The Secretary shall carry out a national
scenic byways program that recognizes roads having outstanding
scenic, historic, cultural, natural, recreational, and
archaeological qualities by designating the roads as -
(A) National Scenic Byways;
(B) All-American Roads; or
(C) America's Byways.
(2) Criteria. - The Secretary shall designate roads to be
recognized under the national scenic byways program in accordance
with criteria developed by the Secretary.
(3) Nomination. -
(A) In general. - To be considered for a designation, a road
must be nominated by a State, an Indian tribe, or a Federal
land management agency and must first be designated as a State
scenic byway, an Indian tribe scenic byway, or, in the case of
a road on Federal land, as a Federal land management agency
byway.
(B) Nomination by indian tribes. - An Indian tribe may
nominate a road as a National Scenic Byway under subparagraph
(A) only if a Federal land management agency (other than the
Bureau of Indian Affairs), a State, or a political subdivision
of a State does not have -
(i) jurisdiction over the road; or
(ii) responsibility for managing the road.
(C) Safety. - An Indian tribe shall maintain the safety and
quality of roads nominated by the Indian tribe under
subparagraph (A).
(4) Reciprocal notification. - States, Indian tribes, and
Federal land management agencies shall notify each other
regarding nominations made under this subsection for roads that -

(A) are within the jurisdictional boundary of the State,
Federal land management agency, or Indian tribe; or
(B) directly connect to roads for which the State, Federal
land management agency, or Indian tribe is responsible.
(b) Grants and Technical Assistance. -
(1) In general. - The Secretary shall make grants and provide
technical assistance to States and Indian tribes to -
(A) implement projects on highways designated as -
(i) National Scenic Byways;
(ii) All-American Roads;
(iii) America's Byways;
(iv) State scenic byways; or
(v) Indian tribe scenic byways; and
(B) plan, design, and develop a State or Indian tribe scenic
byway program.
(2) Priorities. - In making grants, the Secretary shall give
priority to -
(A) each eligible project that is associated with a highway
that has been designated as a National Scenic Byway, All-
American Road, or 1 of America's Byways and that is consistent
with the corridor management plan for the byway;
(B) each eligible project along a State or Indian tribe
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 -
(i) a National Scenic Byway;
(ii) an All-American Road; or
(iii) 1 of America's Byways; and
(C) each eligible project that is associated with the
development of a State or Indian tribe scenic byway program.
(c) Eligible Projects. - The following are projects that are
eligible for Federal assistance under this section:
(1) An activity related to the planning, design, or development
of a State or Indian tribe scenic byway program.
(2) Development and implementation of 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 amenities.
(3) Safety improvements to a State scenic byway, Indian tribe
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 as a State scenic byway,
Indian tribe scenic byway, National Scenic Byway, or All-American
Road.
(4) Construction along a scenic byway of a facility for
pedestrians and bicyclists, rest area, turnout, highway shoulder
improvement, overlook, or interpretive facility.
(5) An improvement to a scenic byway that will enhance access
to an area for the purpose of recreation, including water-related
recreation.
(6) Protection of scenic, historical, recreational, cultural,
natural, and archaeological resources in an area adjacent to a
scenic byway.
(7) Development and provision of tourist information to the
public, including interpretive information about a scenic byway.
(8) Development and implementation of a scenic byway marketing
program.
(d) Limitation. - The Secretary shall not make a grant under this
section for any project that would not protect the scenic,
historical, recreational, cultural, natural, and archaeological
integrity of a highway and adjacent areas.
(e) Savings Clause. - The Secretary shall not withhold any grant
or impose any requirement on a State or Indian tribe as a condition
of providing a grant or technical assistance for any scenic byway
unless the requirement is consistent with the authority provided in
this chapter.
(f) Federal Share. - The Federal share of the cost of carrying
out a project under this section shall be 80 percent, except that,
in the case of any scenic byway project along a public road that
provides access to or within Federal or Indian land, a Federal land
management agency may use funds authorized for use by the agency as
the non-Federal share.