23-U.S.C.-162
§162 – National Scenic Byways Program
Pathway
Title 23 > Chapter 1 > Section 162
Details
- Reference: Section 162
- Legend: §162 – National Scenic Byways Program
- USCode Year: 2013
Provision Content
(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) Americas 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, an All-American Road, or one of Americas Byways under paragraph (1) 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) Americas 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 Americas 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 Americas 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, All-American Road, or one of Americas 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 Americas Byways.
(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.
(Added Pub. L. 105–178, title I, §1219(a), June 9, 1998, 112 Stat. 219; amended Pub. L. 109–59, title I, §1802, Aug. 10, 2005, 119 Stat. 1456; Pub. L. 110–244, title I, §101(o), June 6, 2008, 122 Stat. 1576.)
Amendments
2008—Subsec. (a)(3)(B). Pub. L. 110–244, §101(o)(1), substituted a National Scenic Byway, an All-American Road, or one of Americas Byways under paragraph (1) for a National Scenic Byway under subparagraph (A) in introductory provisions.
Subsec. (c)(3). Pub. L. 110–244, §101(o)(2), substituted All-American Road, or one of Americas Byways for or All-American Road in two places.
2005—Subsec. (a)(1). Pub. L. 109–59, §1802(a)(1), substituted the roads as— and subpars. (A) to (C) for the roads as National Scenic Byways or All-American Roads.
Subsec. (a)(3), (4). Pub. L. 109–59, §1802(a)(2), added pars. (3) and (4) and struck out heading and text of former par. (3). Text read as follows: To be considered for the designation, a road must be nominated by a State or a Federal land management agency and must first be designated as a State scenic byway or, in the case of a road on Federal land, as a Federal land management agency byway.
Subsec. (b)(1). Pub. L. 109–59, §1802(b)(1), inserted and Indian tribes after States in introductory provisions.
Subsec. (b)(1)(A). Pub. L. 109–59, §1802(b)(2), substituted designated as— and cls. (i) to (v) for designated as National Scenic Byways or All-American Roads, or as State scenic byways; and.
Subsec. (b)(1)(B). Pub. L. 109–59, §1802(b)(3), inserted or Indian tribe after State.
Subsec. (b)(2)(A). Pub. L. 109–59, §1802(b)(4), substituted Byway, All-American Road, or 1 of Americas Byways for Byway or All-American Road.
Subsec. (b)(2)(B). Pub. L. 109–59, §1802(b)(5), substituted State or Indian tribe for State-designated and designation as— and cls. (i) to (iii) for designation as a National Scenic Byway or All-American Road; and.
Subsec. (b)(2)(C). Pub. L. 109–59, §1802(b)(6), inserted or Indian tribe after State.
Subsec. (c)(1). Pub. L. 109–59, §1802(c)(1), inserted or Indian tribe after State.
Subsec. (c)(3). Pub. L. 109–59, §1802(c)(2), inserted Indian tribe scenic byway, after improvements to a State scenic byway, and designation as a State scenic byway,.
Subsec. (c)(4). Pub. L. 109–59, §1802(c)(3), struck out passing lane, before overlook,.
Subsec. (e). Pub. L. 109–59, §1802(d), inserted or Indian tribe after State.
U.S. Encyclopedia of Law Coverage
23-U.S.C.-159 in the Legal Encyclopedia: Highways
In this entry about 23-U.S.C.-159, find legal reference material, bibliographies and premiere content related to highways in the American Encyclopedia of Law, presenting a comprehensive view of the United States highways-specific issues, written by authorities in the field.
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