The following questions have been compiled from those received during the Nominations Outreach calls from October, and from conversations via email or phone.
How does the May 18, 1995 Interim Policy for the National Scenic Byways Program apply in light of subsequent revisions to the Program's statutory language?
The Interim Policy remains the current policy governing the program. However, both the Transportation Equity Act for the 21st Century (TEA-21) and the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) have since modified the National Scenic Byways Program. The current statutory language (23 U.S.C. Section 162) does have some inconsistencies with the Interim Policy. In such cases, the statutory language governs.
Must a highway or road submitted for designation under the National Scenic Byways Program need to be first 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?
Yes. Although the Interim Policy discusses allowing other roads and highways that meet the national criteria to be designated on a case-by-case basis, this is not allowed under the current statute.
Must all nominations for National Scenic Byways or All-American Roads be submitted by the State Scenic Byways Agency?
No. A State Scenic Byways Agency, an Indian tribe, or a Federal land management agency may submit nominations. Nominations to the program of byways from Indian tribes and Federal land management agencies do not have to come through the State Scenic Byways Agency and do not need the State's concurrence.
When submitting nominations, is reciprocal notification required?
States, Indian tribes, and Federal land management agencies must 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.
If my byway has already been designated a National Scenic Byway, do we need to submit a new application to be considered for All-American Road designation?
Can a waterway be considered for designation as a National Scenic Byway or All-American Road?
In general, a waterway cannot be considered for designation. Title 23 of United States Code, Section 162(a) specifically states that the Secretary shall designate "roads." Unless there is some exception that would uniquely qualify a waterway, it would not qualify as a road. For example, the Alaska Marine Highway is unique as it is specifically recognized in highway law and allowed to receive highway funding from other Federal-aid highway programs. In addition, the Alaska Marine Highway ferries carry two-wheel drive vehicles.
Is the Interim Policy applicable to Indian tribes?
Although the Interim Policy does not specifically discuss how the program applies to Indian tribes, most of the underlying information would apply to Indian tribes as well. 23 U.S.C. Section 162 provides for participation in the Program by Indian tribes.
What Indian tribes can participate in the Program?
Consistent with other programs, such as the Indian Reservation Roads Program, any Indian tribe that the Secretary of the Interior has determined are eligible for services generally available to Indians under Federal laws specifically applicable to Indians can participate in the National Scenic Byways Program. There are 562 federally recognized American Indian tribes and Alaska Natives in the United States. See July 12, 2002 Federal Register, http://www.gpo.gov/fdsys/pkg/FR-2002-07-12/html/02-17508.htm.
What is 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, archeological, 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. Indian tribe scenic byway refers not only to the road or highway itself but also to the corridor through which it passes.
Are there any additional requirements for Indian tribe nominations?
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. An Indian tribe must maintain the safety and quality of roads nominated by the Indian tribe.
Can you define jurisdiction?
For purposes of nomination applications, jurisdiction refers to a State, Indian tribe or Federal land. If your byway traverses more than one jurisdiction, you will be asked to indicate that you are submitting a nomination submission for a multi-jurisdiction nomination, and applicants in each jurisdiction will be required to submit individual nomination applications. You should submit a multi-jurisdiction nomination if more than one State, Federal land management agency, or Indian tribe has jurisdiction over the road or responsibility for managing the road. You do not need to submit a multi-jurisdiction nomination if other jurisdictions are adjacent to the byway, but such jurisdictions do not have jurisdiction over the roadway. Please see page 8 of the Nominations Guide.
Our byway has already been designated in two other States. To submit an application for the segment of the byway in our State, should we treat it as an extension in the application or as a multi-jurisdiction nomination?
Both. As such, when you go into the online application, in section 1 (Essentials), you will want to check the box for the extension of an existing byway as well as the box for a multi-jurisdiction nomination.
Please keep in mind in that to be considered for National Scenic Byway designation you will be asked to identify one Intrinsic Quality that can be found in all of the jurisdictions through which the byway passes. To be considered for All-American Road designation, the second of your selected Intrinsic Qualities may be unique to your jurisdiction. Please see page 8 of the Nominations Guide for additional detail.
In the Nominations Guide there is discussion of multi-jurisdictional applications but there does not seem to be any provision for indicating such in the nomination form.
Please note that the Nominations Guide and online application are designed to be used together. In the Guide on page 8, in section 1 (Essentials) is the text you reference regarding Multi-Jurisdiction Nomination. Similarly, in the online application, under the first section (Essentials) you will be asked to check a box if your intent is to submit a Multi-Jurisdiction Nomination. Please note that from this point on, the application varies depending on the type of nomination being submitted. So if you did not check the multi-jurisdiction nomination box before printing out the application, it would have been unclear where to input your information. (See the Preparing, Printing, Editing and Deleting Your Application section of these FAQs for information on how to print your application.)
You should also note that all applicants are required to complete a Statement of Qualification (see the Nominations Guide page 10, section 2 (Statement of Qualification) for details and refer to the heading Qualification in the application) where you are asked to provide a description of your byway from the "big picture" point of view, and within the context of your description, include information on the elements listed in the Nominations Guide. Applicants for multi-jurisdiction nominations are asked to coordinate their responses in this section.
Our Byway traverses a National Forest, National Wildlife Refuge, and National Estuarine Research Reserve. Do these constitute separate Federal Lands requiring a separate nomination application? Is this a new requirement?
With regard to multi-jurisdiction nominations and Federal land management agencies, this is a reference to byways such as Indian tribes and Forest Service byways that have their own designations and are seeking national designation. In that case, as in multi-State nominations, an application would have to be filed separately, although each application would have to reference the others. This is explained in detail in the Nominations Guide, although this has not changed. If this is not the case for you, then these Federal partners are stakeholders for which support would need to be shown. However, this can be done in one application. There may be some nuances depending whether we are talking about different States or an Indian tribe.
This is not a new requirement; the keys are in the statute:
Reciprocal notification. - States, Indian tribes, and Federal land management agencies shall notify each other regarding nominations made under this subsection for roads that -
If an Indian tribe was involved, it would also need to reflect:
Nomination by Indian tribes. - An Indian tribe may nominate a road as a National Scenic Byway, an All-American Road, or one of America's 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 -
We are applying for an extension to a byway that has already been nationally designated. Does the primary intrinsic quality identified for the extension need to match the intrinsic quality for which the byway has already been designated?
Yes. If you are seeking an extension to an existing National Scenic Byway you must identify the same primary Intrinsic Quality and if you are seeking an extension to an existing All-American Road you will be asked to indicate the same two Intrinsic Qualities. You will also be asked to explain how the proposed extension relates to and enhances the designated portion. Please see page 8 of the Nominations Guide.
In the Statement of Qualification, do we need to include information on all points detailed in the Nominations Guide?
Yes. The Statement of Qualification should included information on the theme, traveler experience, and significance. Please see page 10 of the Nominations Guide.
Can links, brochures, or other formats be provided instead of or in addition to the online application and hard copy?
No. All applicants for national designation are required to complete and submit the online nomination application complete with electronic copies of the supporting documentation (see page 21 of the Nominations Guide) as well as provide a signed, hard copy of the nomination application to the FHWA Division Office by December 17, 2008. Linked web pages and supporting documentation not specifically requested will not be considered by the reviewers. For the hard copy, your application and all supporting documentation (Route Map, Corridor Management Plan, Letters of Support and Photographs) should be printed out and attached to the hard copy of your application. The hard copy of your nomination application will be used for archival purposes. Diskettes, CD-ROMS, etc. should not be submitted. Failure to submit both the electronic application complete with electronic versions of the supporting documentation and a signed, hard copy of the application complete with printed copies of the supporting documentation requested will result in an incomplete application and the nomination may not be considered for national designation.
Our byway is several hundred miles long. The online application requests that "a single map" be submitted under the Route Map section. Can we submit more than one page?
Yes. For instance, you may want to divide your map into 50 to 100 mile segments which may appear on more than one page, but each segment of the map needs to represent the items requested. In other words, submitting several pages in which the various items are not integrated (e.g., one page delineating visitor centers/amenities, one page identifying interpretive panels/information, etc.) is not what we are looking for. Despite the number of pages, you must submit one integrated map illustrating the items requested.
Applicants are asked to provide the locations of public visitor centers and/or visitor amenities (e.g., public restroom facilities). Our byway is several hundred miles long, is it necessary to identify all such facilities?
No. You need to provide the reviewer(s) of your nomination enough information to determine whether or not the byway is ready for visitors. You're just trying to give the reviewer a sense that visitor amenities are available and that preferably, gaps of 50 miles or more between basic services (fuel, food, restrooms ) do not exist, though we understand that this may vary from rural to urban byways. You'll also want to select facilities that support the story you are trying to tell (e.g., a visitor center that highlights the story of your byway or identified primary Intrinsic Quality(s), which you may also highlight under Evidence of Intrinsic Qualities in section 6 of the application (see page 17 of the Nominations Guide). You may also want to develop a legend with icons to indicate the various types of amenities on your Route Map.
Do we need to illustrate all of the locations of existing interpretive panels on the route map even if the panels do not relate to the byway?
No. You want to provide reviewers with enough information to determine whether or not your byway is ready for visitors, and where possible, provide them with a sense of the visitor experience. For example, these panels might be thematic (e.g., historic, with a focus on battlefield sites). In such instances, you may want to create an icon for historic markers/panels for your Route Map and provide additional detail on specific markers/panels in section 5 of the application (Visitor Experience) under the Evidence of Intrinsic Quality(s) section to support the Intrinsic Quality(s) for which you are nominating the road.
In creating the Route Map, is it necessary to have GIS layering capability?
No. You may create a map in any way you see fit with the resources available and scan the map to create an electronic attachment.
Are there limitations on the size of the hard copy of the map that we'll be submitting in addition to the electronic version that will be attached to the online application?
No, the reviewers will be utilizing the electronic map. The hard copy of the map is primarily for archival purposes.
With the electronic version of the route map, will reviewers have the capability of zooming in or panning around the route map as with Acrobat Reader?
May I submit a PDF file for the Route Map?
Yes, we will accept files in PDF, GIF, JPEG, PNG or TIFF formats. Please see the Route Information section of the online application under the heading Route Map.
We have developed an interactive Route Map. May we provide a link to this map to meet the Route Map requirement?
No. A static electronic attachment should be attached to your online application, and the hard copy of your application should be the same as what you submit in the online nomination application.
Pertinent information to support national designation should be provided within the narrative of the application (see page 21 of the Nominations Guide).
Please note that within the application, you will have the opportunity to list website(s) where travelers and media can find information specific to your byway (other than www.fhwa.dot.gov/hep/scenic_byways/). However, applicants should not rely on the information contained in these websites to support their application for nomination or to satisfy the Route Map requirement.
Why have an online application process if you need a hard copy?
The online application is designed to facilitate both the submission and the review of the nomination applications. The hard copy of the nomination submission is primarily for archival purposes and should be the same as the online application.
We have not updated our CMP but have recently completed a master plan; can we include the master plan as an attachment to the CMP?
Yes, but only if the document is referenced in such a way that the new document builds on and complements the priorities identified in the CMP. As such, it should be attached to the CMP and referenced as integral to the CMP in Section 6 (Planning/Sustainability) under the Corridor Management Plan section of the online application where you will be asked to provide specific page numbers and references regarding the Corridor Management Plan.
Another option would be to indicate in the same section of the online application that you have not updated your CMP (use check box) and in ten bullet points or less describe your priorities for the byway for the next five (5) years as discussed in your master plan.
We have updated our CMP but not within the context of the original document. Can we submit the update?
Yes, but you must either consider it an addendum or in some way incorporate it into your CMP if you wish to provide reviewers with access to both documents.
What do you mean when you request that the applicant provide the date that the CMP was adopted?
In order to be considered for designation, you must submit a CMP that has been adopted. Draft CMPs that have not been adopted will not be considered. Please see page 21 of the Nominations Guides under the Corridor Management Plan heading.
What do you mean by the CMP must have been adopted?
Essentially that an individual, board, committee, or political subdivision acting with granted authority on behalf of the byway has signed off on the plan. This may vary depending on jurisdiction and byway entity. Your jurisdiction (i.e., State, Indian tribe or Federal Land Management agency) may require additional sign-offs. Please check with your byway coordinator.
Please keep in mind that applicants will be asked to substantiate how the plan was developed and approved in section 6 of the application (Planning/Sustainability). See pages 20-21 of the Nominations Guide.
My byway has been designated at the State level, but an adopted CMP was not required for designation. Does my byway's CMP have to have been adopted to apply for national designation?
Yes. The CMP must have been adopted by the time you submit your application.
Our CMP is very dense with photographs and we are concerned about the size of the file and whether we will be able to attach the electronic file to the online application.
Within the context of the online system, there are no file size limits. However, if you find that you are having difficulty uploading a particular file, please contact Cindi Ptak by phone at 202.366.1586 or via e-mail at email@example.com.
Is there a limit on the number of Letters of Support that can be provided as Supporting Documentation for our nomination application?
No, but applicants are encouraged to provide Letters of Support that re-enforce what is being said in the narrative of the application and to focus on quality rather than quantity. Keep in mind the role of the reviewer and what will be pertinent to them in determining whether or not your byway should be designated. Attaching numerous letters that all say the same thing does not necessarily advance the case being made for national designation.
We have over 100 Letters of Support. Can we provide a link to all of these letters?
No. Submitted letters of support must be attached to the application in both the electronic and hard copy forms.
That said, if you do not wish to attach each specific letter, you can reference the number of letters of support that you have collected and categorize them based on stakeholders (e.g., community members, politicians, business entities, etc.) in section 6 of the online application (Planning/Sustainability) under the Community Involvement and Support section.
Can we submit County and City Resolutions as Letters of Support?
No, unless the resolution can be put in the form of a signed letter. Minutes of meetings and other documentation should not be submitted. You can discuss resolutions in section 6 of the online application under Community Involvement and Support.
In section 1 of the application (Essentials) you request the submission of a primary photo. Can we submit a collage of photos as our primary photo?
No. As requested on page 10 of the Nominations Guide, we request that you provide a single image that you feel best represents the experience along your byway.
We have a document that was prepared by the National Park Service that we consider important to telling the story of our byway. Can we attach this document to the nomination application?
No. We have chosen to limit attachments 1) to facilitate the review process for the panel that will be convened to review and discuss nominations, and 2) to encourage applicants to provide a synopsis of the information that they wish to convey in their own words within the context of the application. You may want to reference the study and highlight why it is significant in section 2 of the online application in your Statement of Qualification or other appropriate section of the application.
We have a video and a PowerPoint presentation that tell the story of our byway. Can we include either of these with our nomination submission as an attachment?
No. We are requesting that you tell the story of your byway within the narrative of the application. However you may want to discuss these materials in Section 5 of the application (Visitor Experience) under the section Telling Your Story. In this section of the application, you will be asked to describe the materials you use to tell your byway story and interpret its Intrinsic Quality(s) (see page 18 of the Nominations Guide).
Depending on the content of these materials and how they have been utilized, you may also wish to showcase them in Section 6 of the Application (Planning/Sustainability) under the Community Involvement and Support section (see pages 20-21 of the Nominations Guide) if applicable.
Can you provide a preferred example of how a route description should be written or formatted?
Since the road must already have been designated at the State, Indian tribe or Federal land management agency level, you should have a route description available that you can utilize for this purpose. Please note that you'll need to include all of the road segments which, when linked together, match the legal description used by your State, Indian tribe, or Federal land management agency to officially designate the road (Page 12, Nominations Guide).
We do not typically provide examples of previous submissions for these purposes as you route description should match the State, Indian tribe, or Federal land management agency designation. You should work with your byway coordinator or Federal land management agency contact.
Do political jurisdiction lines (counties, parishes, towns, cities, etc.) need to be included in the route description?
Not necessarily. You are asked to provide the addresses/intersections and the GPS coordinates for the beginning and end points of the byway as well as for other key features along the byway. You'll want to tie this into the information you'll be providing in the Route Map (the location of each community along the route, Nominations Guide page 13) as well as the information you'll be highlighting in section 5 of the application (Visitor Experience, page 15 of the Nominations Guide) where you'll be providing information on major cities and gateways. Essentially you'll want to create a complete picture that is supported throughout your application.
Please note that the addresses/intersections and GPS coordinates are requested so that your byway and the features that you wish to highlight in your application can be located via common mapping software.
The Nominations Guide speaks to the byway "crossing" Federal lands and electronic nomination form speaks to Federal lands "along the byway." If there is a Federal property (NPS) adjacent to the right-of-way of the designated byway, should the box be checked? Or is this intended for byways that pass through an otherwise contiguous parcel of federal land?
If the Federal land is adjacent or contiguous, check the boxes for agencies whose lands occur along the byway. You'll also want to include this information in your Route Map.
The intent here is simply to give the reviewer a sense of Federal land(s) located in the vicinity of the byway.
If the right-of-way of a byway occurs adjacent to Federal lands and the Federal lands property is considered to be one of the itinerary stops, does that then cause the byway to be considered a "multi-jurisdictional" byway?
No. But, we would expect that you would include Federal representatives in your communications as stakeholders in that regard, and that they are supportive of your efforts. Such coordination should be documented in Section 6 of the application.
In section 4 of the application (Route Conditions) under the heading Safety, the online application limits the entry text to approximately 100 words yet the questions requests a description of all of the factors of the roadway that contribute to safety. A number of safety factors—speed limits, enforcement, compliance with the Manual on Uniform Traffic Control Devices (MUTCD) guidance, roadway design, maintenance, right-of-way, access control, clear zone and vegetation management, etc.—contribute to safety for travelers. Can you provide more specificity as to what the reviewers will need to see demonstrated in nomination submissions to adequately and succinctly address the issue of "safety"?
You're trying to provide the reviewer with a sense of the safety provisions that support safe travel for byway travelers. As such, you'll want to focus on the primary factors that you feel best support your application.
Under the Traveler Services heading, applicants are asked to describe any universal access accommodations to assist travelers of varying abilities. Can you tell me what this means?
Essentially applicants are being asked to substantiate any accommodations that have been made to accommodate people of varying abilities (e.g., mobility, sight, hearing, etc.). This may range from physical accommodations such as ramps, elevators, etc. to the provision of interpretive materials in various formats (e.g., alternative text, Braille, etc.). For reference, you may want to refer to the following resources: for information on the American with Disabilities Act, see the U.S. Department of Justice homepage at http://www.ada.gov/cguide.htm#anchor66055, for information on the Architectural Barriers Act, see http://www.fhwa.dot.gov/environment/bicycle_pedestrian/guidance/, or for information from the U.S. Access Board, see http://www.access-board.gov.
Also under the Traveler Services heading you request accommodations made for international, non-English speaking visitors. What do we need to provide here?
Please note that this section is optional for applicants seeking National Scenic Byway designation. All-American Road nominees are required to include a plan for addressing multi-lingual information needs in the Planning/Sustainability section of the application under Corridor Management Plan.
For future planning, you may want to take a look at the article that we have posted to the Nominations section of the website entitled "Addressing Travelers' Multi-Lingual Information Needs." See http://www.fhwa.dot.gov/hep/scenic_byways/nominations/articles/addressing_multi_lingual_needs.cfm.
What's the difference between Telling Your Story and Creating a Traveler Itinerary?
Telling Your Story pertains to the materials that you have developed to convey to travelers what is important about your Intrinsic Quality(s). This can take the form of maps, brochures, audio tours, podcasts, DVDs, videos, etc. Again, please note that no attachments beyond those highlighted under supporting documentation (see the Nominations Guide page 21) will be considered; we're relying on you to highlight and summarize these various materials in your narrative.
Creating a Traveler Itinerary pertains to how the byway visitor will navigate your byway and what it is like to travel along your road. Please note that for purposes of the nomination application, your itinerary should not be viewed as a typical travel itinerary that lists numerous unrelated stops along a route. Rather, your byway itinerary should list a series of related stops that collectively convey a sense of continuity. (See page 18 of the Nominations Guide) and support the Intrinsic Quality(s) on which you are basing your nomination for national designation.
Can our itinerary reference either a city or gateway community that is not necessarily part of the byway, but that would be the logical starting point for the traveler to navigate their way to the byway?
Yes. You'll also want to highlight transportation hubs, cities, and gateway communities in the Getting to the Byway section of the application.
Our byway is several hundred miles long. In the Nominations Guide (page 18, under Traveler Itinerary) it states that "It should be realistic for a typical traveler to make this trip over a certain period of time (preferably no more than two days). Given the length of our byway, can we submit an itinerary that may take more than two days to complete?
No, the itinerary should be no more than two days. The focus is on providing the reviewers with a sense of what travelers can expect to experience when they travel your byway for purposes of making a designation determination. In most instances, though not all, it is unrealistic to assume that travelers will spend more than two days navigating your byway. As such, you may want to focus on a particular segment of the byway that best conveys what travelers can expect to experience when they travel your byway corridor. Again, you'll want this to support your Statement of Qualification and the Intrinsic Quality(s) on which you are basing your consideration for national designation.
Does the submission of a two-day versus a one-day itinerary make a stronger case for designation?
Not necessarily. Again, the emphasis should be on quality rather than quantity.
Can we split a two day itinerary since the theme of the itineraries varies?
No, because that would essentially mean submitting two itineraries and we request that applicants submit one. See page 18 of the Nominations Guide.
One option would be to develop a name for your itinerary that is reflective of all of the experiences you propose describing and then creating one itinerary that incorporates the various elements that you wish to discuss.
How does seasonality relate to the itinerary? Are we required to submit an itinerary that showcases a particular season?
No, but you have the option of incorporating seasonal activities into your itinerary if that makes sense for your byway (e.g., fall foliage).
If we decide to submit a multi-jurisdiction nomination application, can we submit one itinerary for the entire byway?
Yes, recognizing that the itinerary should be no longer than two days. The other option is to have each jurisdiction submit separate itineraries that share a theme/story that you wish to convey. See pages 18-19 of the Nominations Guide.
How will the name of the itinerary we submit be used?
For purposes of the nomination application.
Do the features we are asked to document under Evidence of Intrinsic Quality(s) (see page 17 of the Nominations Guide) relate to the itinerary?
Presumably you would want to include some of the features discussed in the Evidence of Intrinsic Quality(s) section since these are the resources you are using to support your nomination and presumably you've referenced at some level in your Statement of Qualification (see pages 10-11 of the Nominations Guide), but you do not necessarily need to include all of these features. Again, try to concentrate on those that best relate to each other to tell a cohesive story as well as support your Intrinsic Quality(s). This is also an opportunity to highlight additional features (since applicants are limited to up to 15 in the Evidence of Intrinsic Quality(s) section of the application).
Our Corridor Management Entity is working in teams on our nomination application. Is there a way that several people can access and input information into the online nomination application?
No. Only one person can be in the system at a time. If you want to share an application, you can save what you are working on, select print and then select save a copy. This will enable you to save the file which you can then transmit via e-mail or other means.
How do I print a copy of the application?
First, you'll need to start an application, completing at least the items requested on the first two pages under the Essentials section and then select print (located on the upper left hand side of the teal bar). The reason for this is that depending on whether you're applying for designation as a National Scenic Byway or All-American Road, and whether you're submitting an application for an extension, multi-jurisdiction or Indian tribe nomination, the application will vary.
How do I know what the character limitations are for the various sections of the application?
When working online and when you print out the application (should you decide to do so) the character limitations will appear for the applicable sections. Please note that not all sections of the application have character limitations.
Once I've completed and saved a section of the online application, can I go back and make changes?
Yes, you may edit your application until it is submitted. At that point it is considered final. To edit your application, simply select Edit Nomination the next time you access the online system.
How can I delete my application?
If for some reason you would like to delete your application, you may do so the next time you access the online review system by, selecting Continue an Existing Nomination, accessing the nomination application in question, and selecting Delete Nomination from the menu located on the right hand side of the screen.
Can you discuss the review process?
The review process is as detailed in the Interim Policy (see http://www.gpo.gov/fdsys/pkg/FR-1995-05-18/html/95-12211.htm, section 5, Designation Process) which states that "a panel consisting of six to eight experts, designated by FHWA and reflecting a cross-section of the scenic byways community of interests (including experts on intrinsic qualities, tourism, and economic develop), may assist in the review of highways nominated as national Scenic Byways and All-American Roads."
The decision on which roads to designate is ultimately made by the Secretary of Transportation based on recommendations from FHWA staff which is informed by the work of the review panel.