The links below contain specific areas within the Interim Policy or SAFETEA-LU that support the "nominate for national designation" component.
* 23 USC 162 also allows Federal land management agencies to submit nominations directly. This is another case where the law supersedes the Interim Policy.
A similar definition can be applied for an Indian tribe scenic byway. An Indian tribe scenic byway means a road or highway that has been designated by the Indian tribe through legislation or some other official declaration for its scenic, historic, recreational, cultural, archaeological, or natural qualities. An official declaration is an action taken by that of an individual, board, committee, or political subdivision acting with granted authority on behalf of the Indian tribe.
A portion of this section has been overridden by changes in the law and no longer applies. Roads must meet the criteria above. If they do not have State, Indian tribe, or Federal land management designation, they will not be considered on a case-by-case basis*.
* Provision in the Interim Policy that no longer applies.
"A nomination process will be used as the means by which roads or highways may be recognized for their intrinsic qualities and designated as National Scenic Byways or as All-American Roads. All nominations for National Scenic Byways or All-American Roads must be submitted by the State Scenic Byways Agency (SSBA) [or Indian tribe or Federal land management agency] to the FHWA. The States [and Indian tribes and Federal land management agencies] will receive written notification of the time period for submitting nominations for designation consideration."
Reciprocal notification. - States, Indian tribes, and Federal land management agencies shall notify each other regarding nominations for roads that 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.
Under 23 U. S. C. Section 162, an Indian tribe may nominate a road 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 jurisdiction over the road; or responsibility for managing the road.
Even though the nomination may originate with others, the State, Indian tribe, or Federal land management agency submitting the nomination is still responsible for the entire content of such nomination and should ensure that all information is accurate and that the State, Indian tribe, or Federal land management agency endorses the nomination.
The State, Indian tribe, or Federal land management agency is responsible for ensuring that all State, tribal, or agency laws, regulations, or procedures are followed regarding nominations.
A portion of this section has been overridden by changes in the law and no longer applies. Federal land management agencies do not have to submit nominations through the SSBA and do not need the State's concurrence.
* SAFETEA-LU did not change this, TEA-21 actually changed this.
The first step is for local sponsors to submit to the SSBA [or Indian tribe] the documentation necessary for the State [or Indian tribe] to determine if the scenic byway possesses intrinsic qualities sufficient to merit its nomination as a National Scenic Byway or an All-American Road.
The second step is for the remainder of the nomination package to be submitted once the State [or Indian tribe] has determined that the byway is appropriate for nomination.