Sec. 1047. SCENIC BYWAYS PROGRAM
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## SEC. 1047 SCENIC BYWAYS PROGRAM **[**[23 U.S.C. 101 note](/us/usc/t23/s101)**]** ###
(a)Scenic Byways Advisory Committee ####
(1)Establishment Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish in the Department of Transportation an advisory committee to assist the Secretary with respect to establishment of a national scenic byways program under title 23, United States Code. ####
(2)Membership The advisory committee established under this section shall be composed of 17 members as follows: #####
(A)The Administrator of the Federal Highway Administration or the designee of the Administrator who shall serve as chairman of the advisory committee. #####
(B)The Chief of the Forest Service of the Department of Agriculture or the designee of the Chief. #####
(C)The Director of the National Park Service of the Department of the Interior or the designee of the Director. #####
(D)The Director of the Bureau of Land Management of the Department of the Interior or the designee of the Director. #####
(E)The Under Secretary for Travel and Tourism of the Department of Commerce or the designee of the Under Secretary. #####
(F)The Assistant Secretary for Indian Affairs of the Department of the Interior or the designee of the Assistant Secretary. #####
(G)1 individual appointed by the Secretary who is specially qualified to represent the interests of conservationists on the advisory committee. #####
(H)1 individual appointed by the Secretary of Transportation who is specially qualified to represent the interests of recreational users of scenic byways on the advisory committee. #####
(I)1 individual appointed by the Secretary who is specially qualified to represent the interests of the tourism industry on the advisory committee. #####
(J)1 individual appointed by the Secretary who is specially qualified to represent the interests of historic preservationists on the advisory committee. #####
(K)1 individual appointed by the Secretary who is specially qualified to represent the interests of highway users on the advisory committee. #####
(L)1 individual appointed by the Secretary to represent State highway and transportation officials. #####
(M)1 individual appointed by the Secretary to represent local highway and transportation officials. #####
(N)1 individual appointed by the Secretary who is specially qualified to serve on the advisory committee as a planner. #####
(O)1 individual appointed by the Secretary who is specially qualified to represent the motoring public. #####
(P)1 individual appointed by the Secretary who is specially qualified to represent groups interested in scenic preservation. #####
(Q)1 individual appointed by the Secretary who represents the outdoor advertising industry. Individuals appointed as members of the advisory committee under subparagraphs
(G)through
(P)may be State and local government officials. Members shall serve without compensation other than for reasonable expenses incident to functions of the advisory committee. ####
(3)Functions The advisory committee established under this subsection shall develop and make to the Secretary recommendations regarding minimum criteria for use by State and Federal agencies in designating highways as scenic byways and as all-American roads for purposes of a national scenic byways program to be established under title 23, United States Code. Such recommendations shall include recommendations on the following: #####
(A)Consideration of the scenic beauty and historic significance of highways proposed for designation as scenic byways and all-American roads and the areas surrounding such highways. #####
(B)Operation and management standards for highways designated as scenic byways and all-American roads, including strategies for maintaining or improving the qualities for which a highway is designated as a scenic byway or all-American road, for protecting and enhancing the landscape and view corridors surrounding such a highway, and for minimizing traffic congestion on such a highway. #####
(C)######
(i)Standards for scenic byway-related signs, including those which identify highways as scenic byways and all-American roads. ######
(ii)The advisability of uniform signs identifying highways as components of the scenic byway system. #####
(D)Standards for maintaining highway safety on the scenic byway system. #####
(E)Design review procedures for location of highway facilities, landscaping, and travelers' facilities on the scenic byway system. #####
(F)Procedures for reviewing and terminating the designation of a highway designated as a scenic byway. #####
(G)Such other matters as the advisory committee may deem appropriate. #####
(H)Such other matters for which the Secretary may request recommendations. ####
(4)Report Not later than 18 months after the date of the enactment of this Act, the advisory committee established under this section shall submit to the Secretary and Congress a report containing the recommendations described in paragraph (3). ###
(b)Technical and Financial Assistance The Secretary shall provide technical assistance to the States (as such term is defined under section 101 of title 23, United States Code) and shall make grants to the States for the planning, design, and development of State scenic byway programs. ###
(c)Federal Share The Federal share payable for the costs of planning, design, and development of State scenic byway programs under this section shall be 80 percent. ###
(d)Funding There shall be available to the Secretary for carrying out this section (other than subsection (f)), out of the Highway Trust Fund (other than the Mass Transit Account), $1,000,000 for fiscal year 1992, $3,000,000 for fiscal year 1993, $4,000,000 for fiscal year 1994, $14,000,000 for each of the fiscal years 1995, 1996, and 1997, and $7,000,000 for the period of October 1, 1997, through March 31, 1998. Such sums shall remain available until expended. ###
(e)Contract Authority Notwithstanding any other provision of law, approval by the Secretary of a grant under this section shall be deemed a contractual obligation of the United States for payment of the Federal share of the cost of activities for which the grant is being made. ###
(f)Interim Scenic Byways Program ####
(1)Grant program During fiscal years 1992, 1993, and 1994, the Secretary may make grants to any State which has a scenic highway program for carrying out eligible projects on highways which the State has designated as scenic byways. ####
(2)Priority projects In making grants under paragraph (1), the Secretary shall give priority to— #####
(A)those eligible projects which are included in a corridor management plan for maintaining scenic, historic, recreational, cultural, and archeological characteristics of the corridor while providing for accommodation of increased tourism and development of related amenities; #####
(B)those eligible projects for which a strong local commitment is demonstrated for implementing the management plans and protecting the characteristics for which the highway is likely to be designated as a scenic byway; #####
(C)those eligible projects which are included in programs which can serve as models for other States to follow when establishing and designing scenic byways on an intrastate or interstate basis; and #####
(D)those eligible projects in multi-State corridors where the States submit joint applications. ####
(3)Eligible projects The following are projects which are eligible for Federal assistance under this subsection: #####
(A)Planning, design, and development of State scenic byway programs. #####
(B)Making safety improvements to a highway designated as a scenic byway under this subsection to the extent such improvements are necessary to accommodate increased traffic, and changes in the types of vehicles using the highway, due to such designation. #####
(C)Construction along the highway of facilities for the use of pedestrians and bicyclists, rest areas, turnouts, highway shoulder improvements, passing lanes, overlooks, and interpretive facilities. #####
(D)Improvements to the highway which will enhance access to an area for the purpose of recreation, including water-related recreation. #####
(E)Protecting historical and cultural resources in areas adjacent to the highway. #####
(F)Developing and providing tourist information to the public, including interpretive information about the scenic byway. ####
(4)Federal share The Federal share payable for the costs of carrying out projects and developing programs under this subsection with funds made available pursuant to this subsection shall be 80 percent. ####
(5)Funding There shall be available to the Secretary for carrying out this subsection, out of the Highway Trust Fund (other than the Mass Transit Account), $10,000,000 for fiscal year 1992, $10,000,000 for fiscal year 1993, and $10,000,000 for fiscal year 1994. Such sums shall remain available until expended. ###
(g)Limitation The Secretary shall not make a grant under this section for any project which would not protect the scenic, historic, recreational, cultural, natural, and archeological integrity of the highway and adjacent area. The Secretary may not use more than 10 percent of the funds authorized for each fiscal year under subsection (f)(5) for removal of any outdoor advertising sign, display, or device. ###
(h)Treatment of Scenic Highways in Oregon For purposes of this section, a highway designated as a scenic highway in the State of Oregon shall be treated as a scenic byway. * * * * * * *
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Sec. 1047
SCENIC BYWAYS PROGRAM
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