§ 162. — National scenic byways program.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC162]
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 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 National Scenic Byways or All-
American Roads.
(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.--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.
(b) Grants and Technical Assistance.--
(1) In general.--The Secretary shall make grants and provide
technical assistance to States to--
(A) implement projects on highways designated as National
Scenic Byways or All-American Roads, or as State scenic byways;
and
(B) plan, design, and develop a State 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 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.
(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 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, 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, 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, passing lane, 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 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, Sec. 1219(a), June 9, 1998, 112 Stat.
219.)
