* Act of December 18, 1991 (P.L. 102-240, Title I, Part A, 105 Stat. 1996; 23 U.S.C. 101(note))

Scenic Byways Program

Sec. 1047. (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 Depart-ment 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 Depart-ment 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 interest 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 interest of historic preservationists on the advisory committee.

(K) 1 individual appointed by the Secretary who is specially qualified to represent the interest 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 offi-cials. Members shall serve without compensation other than for reason-able 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 designation 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 recommenda-tions on the following:

(A) Consideration of the scenic beauty and historic signifi-cance of highways proposed for designation as scenic byways and all-American roads and the areas surrounding such highways.

(B) Operation and manage-ment standards for highways desig-nated as scenic byways and all-Am-erican roads, including strategies for main-taining or improving the quali-ties for which a highway is desig-nated as a scenic byway or all-Ame-rican road, for protect-ing and en-hancing the landscape and view corridors surrounding such a high-way, 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 high-ways as components of the scenic byway system.

(D) Standards for maintain-ing highway safety on the scenic byway system.

(E) Design review proce-dures for location of highway facili-ties, landscaping, and travelers' facilities on the scenic byway sys-tem.

(F) Procedures for review-ing 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 enact-ment of this Act, the advisory com-mittee established under this section shall submit to the Secretary and Congress a report containing the recommenda-tions described in para-graph (3).

(b) Technical and Financial Assistance.-The Secretary shall provide technical assistance to the States (as such term is defined un-der section 101 of title 23, United States Code) and shall make grants to the States for the planning, de-sign, 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 carry-ing 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, and $14,000,000 for each of the fiscal years 1995, 1996, and 1997. Such sums shall remain available until expended.

(e) Contract Authority.-Notwith-standing 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 Pro-gram.-

(1) Grant Program.-During fiscal years 1992, 1993, and 1994, the Secretary may make grants to any State which has a scenic high-way program for carrying out eligi-ble projects on highways which the State has designat-ed as scenic by-ways.

(2) Priority Projects.-In mak-ing 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, cultur-al, and archeological characteristics of the corridor while providing for the accommodation of increased tourism and develop-ment of related amenities;

(B) those eligible projects for which a strong local commit-ment is demonstrated for imple-menting 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 improve-ments 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 recre-ation, including water-related recre-ation.

(E) Protecting historical and cultural resources in areas adjacent to the highway.

(F) Developing and provid-ing tourist information to the public, including interpretive information about the scenic byway.

(4) Federal Share.-The Feder-al 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 carry-ing 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 expend-ed.

(g) Limitation.-The Secretary shall not make a grant under this section for any project which would not protect the scenic, historic, recre-ation-al, cultural, natural, and ar-cheo-logical integrity of the high-way and adjacent area. The Secre--tary may not use more than 10percent 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. (23 U.S.C. 101(note))