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Resource Protection

Protection of scenic, historical, recreational, cultural, natural, and archeological resources in an area adjacent to a scenic byway, 23 U.S.C. 162(c)(6).

Principles

  1. National Scenic Byways Program funds may be used for enhancing, protecting, or preserving resources directly related to the byway's intrinsic qualities that support the byway's designation.

  2. The relationship of each intrinsic quality and the byway may vary in distance from the road or highway right-of-way.

  3. The protection of the resources should increase the quality of the byway traveler experience by enhancing the intrinsic qualities that form the byway's story.

  4. Proximity to the road or byway does not necessarily mean that a facility will enhance the byway travelers' experience or that the facility is eligible for National Scenic Byways Program funds.

  5. A building purchased, restored, or improved using National Scenic Byways Program funds should be owned or operated by a government entity, Indian tribe, or a legally organized not for profit entity or part of a not for profit entity.

  6. Land acquired using National Scenic Byways Program funds should be owned or controlled by a government entity, Indian tribe, legally organized not for profit entity or part of a not for profit entity.

  7. Private property purchased or used for a byway funded project must be acquired consistent with the requirements of Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended. Federal rules for the Uniform Act are reprinted annually in the Code of Federal Regulations, Title 29, Part 24. For additional information, see http://www.fhwa.dot.gov/realestate/realprop/index.html. Applicants should contact the FHWA division office byway contact or the State byways coordinator; see http://www.fhwa.dot.gov/hep/scenic_byways//contacts/states.cfm.

  8. To the extent practicable, byway visitors and travelers should have free access (without charge) to resources enhanced, protected or preserved with National Scenic Byways Program funds.

  9. The proposed amount of byway funds should be proportionate to the proposed resource protection project's benefits for byway travelers. We expect an applicant advancing a project benefiting the general public to propose a larger share of non-byways funds.

Practices

  1. Resource protection includes:

    • Inventories or analyses of resources directly related to the byway's intrinsic qualities that support the byway's designation such as:
      • the development of strategies to manage, enhance, protect, or preserve specific resources and sites;
      • scenic and land conservation planning, planning for zoning overlays, transfer of development rights, and other byway protection activities such as community registry, recognition or notification programs; and
      • efforts leading to the inclusion of a property (related to surface transportation) on the National Register of Historic Places.
    • Actions to enhance, protect, or preserve resources directly related to the byway's intrinsic qualities that support the byway's designation, such as
      • the purchase, restoration or improvement of land, property or a historic building as a byway interpretive facility;
      • restoration or improvement to historic highway features that form the byway's story;
      • a scenic or conservation easement for a specific property, only after it is determined that all other protection measures are unsuccessful and the property is not (or expected to become) involved in litigation; and
      • removal of an outdoor advertising sign, display, or device.
  2. Public access may be restricted to a property involving a scenic or conservation easement if the continuation of the property's existing use, such as farming or ranching, constitutes the resource that is being protected or preserved in relation to the byway's intrinsic qualities.

  3. Byway funds must be used to protect a specific proposed resource or property. A project proposing to protect a pool of possible properties is not eligible for byways funds.

  4. References to resources or properties in the byway's corridor management plan do not necessarily mean that their protection is eligible for byways funds,

  5. When considering how best to organize an eligible project proposal in the Resource Protection category, we expect the applicant to consider and respond to the following questions.

    • What would be accomplished with this proposed project?
    • What resource(s) would be protected? Why does the resource(s) need protecting? What possible actions have been explored already to protect the resource(s)? What are the results? What protection(s) is proposed? Would public access to the resource(s) be appropriate and allowed?
    • What is the relationship of the resource(s) proposed for protection through this project and other resources that are protected or have been identified for possible protection along the byway? Where are the resources located?
    • If a property is being acquired or protected for use as a byway facility, then what specific function would it serve? Note to Applicant: Please also see the Byway Facilities category.
    • What will byway travelers learn and experience at the location(s) of the resource(s) proposed for protection through this project? How is the resource(s) related to the byway's intrinsic qualities that support the byway's designation?
    • How will byway travelers find the resource(s) proposed for protection through this project? Would directional signs (to the resource) be placed along the byway? Who will pay for the signs? Will the road management authority agree to the location(s) for directional signing? Would directional information be available in byway publications or exhibits?
    • Is the proposed amount of byway funds proportionate to the proposed project's benefits for byway travelers? For example, what possible benefits would be realized to the existing property owner and owners of adjacent properties? How will the byway travelers' experience be enhanced?
    • Does the corridor management plan include this project, and how does it compare to other priority projects along the byway?
    • Why did byway leaders make this project a high priority and who participated in setting the byway's project priorities?
    • What type of agreement does the applicant believe is appropriate for the resource(s) that would be protected and the protection(s) proposed through this project? Are agreements in place to protect the resource in perpetuity? Are agreements in place to ensure the maintenance or operation of the reused protected property over its useful, economic life (generally considered to be 20 years)? Are some other appropriate agreements in place or envisioned by the applicant?

Complete Applications Include:

Below are some tips to the applicant when preparing a complete application for a project in the Resource Protection category.

  1. RESOURCE PROTECTION: Reviewers can determine eligibility only when the application demonstrates there is a clear relationship between the proposed project and the byway traveler experience. Respond to the questions posed in item five of the Practices section (above) - in the Narrative Section of the application.

  2. MAP(s): Provide a map that locates the individual byway within the State or on Indian lands including the beginning and end points of the byway. A map should also identify the single location or multiple locations of the resource(s) that would be protected. A map should also identify other resources that are protected or have been identified for possible protection along the byway, highlighting resource(s) that would be protected through this project. (If possible, please include the addresses/intersections and GPS coordinates for the beginning and end points of the byway and proposed project such that the project can be located using basic mapping software.)

  3. PLANS AND OTHER SUPPORTING DOCUMENTS: Use the Attachments Section of the application to provide specific documents about the property to be acquired, such as plot maps of land boundaries or any agreements associated with the long-term protection of the resource. Provide an estimate of the fair market value of the property based upon its most recent appraisal and the date of the appraisal.

    If the property would be re-used as a byway facility, then a proposed design or floor plans (even in a sketch form) for the facility are especially useful. Depending on the stage of project design, plans ranging from general concept plans to construction plans that show what is being proposed will be satisfactory. Describe what the plans illustrate and what elements of the proposed access improvements would be implemented with byways funds - in the Narrative section of the application, relating this description to the details in the Budget section.

Updated: 09/03/2013
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