23 U.S.C. § 162 National Scenic Byways Program

• Library: United States Statutes
• Edition: 2023
• Currency: Current through P.L. 118-34 (published on www.congress.gov on 12/26/2023), except for [P. L. 118-31]
• Year: 2023
• Citation: 23 U.S.C. § 162

(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-

(A) National Scenic Byways;

(B) All-American Roads; or

(C) America's Byways.

(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.-

(A) IN GENERAL.-To be considered for a designation, a road must be nominated by a State, an Indian tribe, or a Federal land management agency and must first be 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.

(B) 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-

(i) jurisdiction over the road; or

(ii) responsibility for managing the road.

(C) SAFETY.-An Indian tribe shall maintain the safety and quality of roads nominated by the Indian tribe under subparagraph (A).

(4) RECIPROCAL NOTIFICATION.-States, Indian tribes, and Federal land management agencies shall notify each other regarding nominations made under this subsection for roads that-

(A) are within the jurisdictional boundary of the State, Federal land management agency, or Indian tribe; or

(B) directly connect to roads for which the State, Federal land management agency, or Indian tribe is responsible.

(b) GRANTS AND TECHNICAL ASSISTANCE.-

(1) IN GENERAL.-The Secretary shall make grants and provide technical assistance to States and Indian tribes to-

(A) implement projects on highways designated as-

(i) National Scenic Byways;

(ii) All-American Roads;

(iii) America's Byways;

(iv) State scenic byways; or

(v) Indian tribe scenic byways; and

(B) plan, design, and develop a State or Indian tribe 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, All-American Road, or 1 of America's Byways and that is consistent with the corridor management plan for the byway;