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Lesson 1.3.2 Component 2: Nominate for national designation

The links below contain specific areas within the Interim Policy or SAFETEA-LU that support the "nominate for national designation" component.

Supplementary Information section

"Through this notice, the FHWA is establishing the interim policy for the National Scenic Byways Program. This interim policy sets forth the criteria for the designation of roads as National Scenic Byways or All-American Roads based upon their scenic, historic, recreational, cultural, archeological, and/or natural intrinsic qualities. To be designated as a National Scenic Byway, a road must significantly meet criteria for at least one of the above six intrinsic qualities. For the All-American Roads designation, criteria must be met for multiple intrinsic qualities. Anyone may nominate a road for National Scenic Byway or All-American Road status, but the nomination must be submitted through a State's identified scenic byway agency [or Indian tribe] or Federal land management agency* and include a corridor management plan designed to protect the unique qualities of a scenic byway."

* 23 USC 162 also allows Federal land management agencies to submit nominations directly. This is another case where the law supersedes the Interim Policy.

Reference:
Interim Policy for National Scenic Byways published in the Federal Register on May 18, 1995

Section 1 Applicability

"The policy and procedures of this document apply to any State [or Indian tribe] or Federal agency electing to participate in the National Scenic Byways Program by seeking to have a road or highway designated as a National Scenic Byway or an All-American Road and for any State [or Indian tribe] seeking funds for eligible scenic byway projects. Participation in the national program shall be entirely voluntary."

Section 2 Definitions, item j

"State Scenic Byway means a road or highway under State, Federal, or local ownership that has been designated by the State 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 a Governor or that of an individual, board, committee, or political subdivision acting with granted authority on behalf of the State."

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.

Section 3 Requirements, item a

"Any highway or road submitted for designation under the National Scenic Byways Program by State [or Indian tribe] or Federal agencies should be designated as a State [or Indian tribe or Federal land management] scenic byway."

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.

Section 4 Nominations, item a

"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.

Section 4 Nominations, item c

"Nominations to the program of byways on public lands may originate from the U.S. Forest Service, the National Park Service, the Bureau of Land Management, or the Bureau of Indian Affairs*."

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.

Section 4 Nominations, item d

"A two-step process may be used for nominations originating with local sponsors to help alleviate unnecessary documentation, time, and expense."

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.

Section 4 Nominations, item f

"A single application may be used by a State [or Indian tribe or Federal land management agency] to seek the designation of a nominated highway as either a National Scenic Byway, an All-American Road, or as both. A highway nominated for, but failing to meet, the requirements for All-American Road designation will automatically be considered for designation as a National Scenic Byway unless the State [or Indian tribe or Federal land management agency] requests otherwise."
Updated: 09/03/2013
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