Federal · Title 23 — Highways

23 U.S.C. § 162: National scenic byways program

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National Scenic Byways; All-American Roads; or America’s Byways. The Secretary shall designate roads to be recognized under the national scenic byways program in accordance with criteria developed by the Secretary. 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. jurisdiction over the road; or responsibility for managing the road. An Indian tribe shall maintain the safety and quality of roads nominated by the Indian tribe under subparagraph (A). are within the jurisdictional boundary of the State, Federal land management agency, or Indian tribe; or directly connect to roads for which the State, Federal land management agency, or Indian tribe is responsible. National Scenic Byways; All-American Roads; America’s Byways; State scenic byways; or Indian tribe scenic byways; and plan, design, and develop a State or Indian tribe scenic byway program. 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; a National Scenic Byway; an All-American Road; or 1 of America’s Byways; and each eligible project that is associated with the development of a State or Indian tribe scenic byway program. An activity related to the planning, design, or development of a State or Indian tribe scenic byway program. 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. Safety improvements to a State scenic byway, Indian tribe scenic byway, National Scenic Byway, All-American Road, or one of America’s Byways 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, All-American Road, or one of America’s Byways. Construction along a scenic byway of a facility for pedestrians and bicyclists, rest area, turnout, highway shoulder improvement, overlook, or interpretive facility. An improvement to a scenic byway that will enhance access to an area for the purpose of recreation, including water-related recreation. Protection of scenic, historical, recreational, cultural, natural, and archaeological resources in an area adjacent to a scenic byway. Development and provision of tourist information to the public, including interpretive information about a scenic byway. Development and implementation of a scenic byway marketing program. 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. 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. 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. “This Act may be cited as the ‘Reviving America’s Scenic Byways Act of 2019’. Not later than 90 days after the date of enactment of this Act [ Sept. 22, 2019 ], the Secretary of Transportation shall issue a request for nominations with respect to roads to be designated under the national scenic byways program, as described in section 162(a) of title 23 , United States Code. The Secretary shall make the request for nominations available on the appropriate website of the Department of Transportation. Not later than 1 year after the date on which the request for nominations required under subsection (a) is issued, the Secretary shall make publicly available on the appropriate website of the Department of Transportation a list specifying the roads, nominated pursuant to such request, to be designated under the national scenic byways program.”

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