98-24914. Transportation Equity Act for the 21st Century; Implementation of Guidance for Discretionary Program Funds for National Scenic Byways  

  • [Federal Register Volume 63, Number 181 (Friday, September 18, 1998)]
    [Notices]
    [Pages 49948-49951]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-24914]
    
    
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    DEPARTMENT OF TRANSPORTATION
    
    Federal Highway Administration
    
    
    Transportation Equity Act for the 21st Century; Implementation of 
    Guidance for Discretionary Program Funds for National Scenic Byways
    
    AGENCY: Federal Highway Administration (FHWA), DOT.
    
    ACTION: Notice.
    
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    SUMMARY: This document publishes implementation guidance on the 
    Transportation Equity Act for the 21st Century (TEA-21), enacted on 
    June 9, 1998, for eligible candidate projects in Fiscal Year 1999 
    concerned with the scenic byways program. Implementation guidance 
    materials on these topics were issued to FHWA region and division 
    offices on July 7, 1998. This material describes activities eligible 
    for discretionary funding, the application proccess, and criteria used 
    to evaluate candidate projects.
    
    FOR FURTHER INFORMATION CONTACT: Mr. Eugene Johnson, HEP-10, (202)366-
    2071; or Mr. Bob Black, HCC-32, Office of the Chief Counsel, (202)366-
    1359, Federal Highway Administration, 400 Seventh Street, SW., 
    Washington, D.C. 20590-0001. Office hours are from 7:45 a.m. to 4:15 
    p.m., e.t., Monday through Friday, except for Federal holidays.
    
    SUPPLEMENTARY INFORMATION:
    
    Electronic Access
    
        An electronic copy of this document may be downloaded using a modem 
    and suitable communications software from the Government Printing 
    Office Electronic Bulletin Board Service at (202)512-1661. Internet 
    users may reach the Federal Register's home page at: http://
    www.nara.gov/fedreg and the Government Printing Office's database at: 
    http://www.access.gpo.gov/nara.
    
    Background
    
        The TEA-21 (Pub. L. 105-178, 112 Stat. 107) implementation guidance 
    published in this Federal Register notice is provided for informational 
    purposes. Specific questions on any of the material published in this 
    notice should be directed to the appropriate contact person named in 
    the caption FOR FURTHER INFORMATION CONTACT.
    
        Authority: 23 U.S.C. 315; 49 CFR 1.48.
    
        Issued on: September 10, 1998.
    Kenneth R. Wykle,
    Federal Highway Administration Administrator.
        The text of the FHWA guidance memorandum follows:
        Action: Request for Projects for Fiscal Year (FY) 1999 Scenic 
    Byways Discretionary
    
    [[Page 49949]]
    
    Funds (Reply due: September 1, 1998) Date: July 7, 1998.
        Associate Administrator for Program Development, Regional 
    Administrators, Division Administrators, Federal Lands Highway 
    Program Administrator Reply to Attn. of: HEP-10.
        The Transportation Equity Act for the 21st Century (TEA-21) 
    makes scenic byways discretionary funds available to undertake 
    eligible projects along highways designated as National Scenic 
    Byways, All-American Roads, or State scenic byways. Attached is the 
    application information for these funds. All applications must be 
    submitted to the division offices by August 21, 1998, and forwarded 
    to the Headquarters office (HEP-10) by September 1, 1998.
        We recently allocated $7 million of the $23.5 million available 
    for FY 1998. As a result, there is approximately $16.5 million of FY 
    1998 funds remaining. We had originally intended to allocate these 
    additional FY 1998 funds to projects selected from the previously 
    submitted FY 1998 candidates. Because we are in the last quarter of 
    FY 1998, we have instead decided to combine the available FY 1998 
    and FY 1999 funds in one solicitation. Those projects submitted for 
    FY 98 grants that were not funded from the $7 million do not need to 
    be resubmitted by the States. They will be considered for funding 
    under this FY 1999 action.
        With this memorandum, we are requesting submission of eligible 
    candidate projects for FY 1999 scenic byways discretionary funds. A 
    total of $23.5 million is provided in TEA-21 for FY 1999 grants and 
    technical assistance activities. The full amount of these funds 
    along with the carryover funds from FY 1998 are being combined to 
    make approximately $40 million available for the FY 1999 grant 
    program.
        Priority consideration will be given to those roads that have 
    been designated as National Scenic Byways or All-American Roads. 
    However, roads designated as State Scenic Byways before August 21, 
    1998, through legislation or some other official declaration for 
    their scenic, historic, recreational, cultural, archaeological, or 
    natural qualities are eligible for funding consideration.
        While the States have until August 21, grant applications should 
    be submitted as soon as possible. Early submissions will allow for 
    the expeditious completion of the review process and an opportunity 
    for the States to resolve any issues discovered during the review 
    that would otherwise affect approval of the requested funds.
        If you have any questions, please contact Mr. Eugene Johnson at 
    (202) 366-2071.
    
        Signed:
    Henry H. Rentz for Thomas J. Ptak
    
    Attachment--National Scenic Byways Program Discretionary Grant 
    Application Procedures
    
    Eligibility
    
        The information contained in this section serves as guidance in 
    identifying the specific work activities that are recognized as 
    eligible projects under the Scenic Byways Program in accordance with 
    Section 1219 of the Transportation Equity Act for the 21st Century 
    (TEA-21).
    
    (1) Planning, design, and development of a State scenic byway 
    program
    
        This applies to those States that are about to establish or that 
    may be in the early development of their scenic byways programs. All 
    related project activities must yield information and/or provide 
    related work that would impact upon the statewide scenic byways 
    program.
        Eligible projects may focus on an individual scenic byway, only 
    if the information obtained from the work activity could be used in 
    determining the makeup and design of the overall State program.
        Program activities associated with planning, design, and 
    development include:
         Research or studies leading to the development of 
    designation criteria, the structure of the State's scenic byways 
    program and designation process, and the development of themes for 
    byways on a statewide basis.
         Technical assistance (workshops, conferences, seminars, 
    program coordination) to specifically provide awareness and 
    education about the management, operation, and development of the 
    scenic byways program to people involved in the program process.
         Activities associated with identifying and planning 
    tourist amenities on scenic byways on a statewide basis.
         Activities associated with assessing the economic 
    impacts of an individual byway or a statewide program of byways.
    
    (2) Develop and Implement a Corridor Management Plan to Maintain 
    the Scenic, Historical, Recreational, Cultural, Natural, and 
    Archaeological Characteristics of a Byway Corridor While Providing 
    for Accommodation of Increased Tourism and Development of Related 
    Amenities
    
        Corridor management plans provide a comprehensive understanding 
    of the route and the community's plans to preserve and enhance it. 
    Eligible activities under this category include; inventory, public 
    meetings, maps, and preparation and printing of the report.
        Applicants must address the 14 points of corridor management 
    planning as published in the Federal Register in the May 1995 
    Interim Policy.
    
    (3) Safety Improvements to a State Scenic Byway, National Scenic 
    Byway, or All-American Road to the Extent That the Improvements are 
    Necessary to Accommodate Increased Traffic and Changes in the Types 
    of Vehicles Using the Highway as a Result of the Designation.
    
        These improvements are construction features necessary to 
    correct safety problems. They are restricted to designated scenic 
    byways and must be the direct result of increased traffic and/or 
    changes in the types of vehicles using the highway. The safety 
    improvements are only considered eligible when they arise as a 
    result of the highway's designation as a scenic byway.
    
    (4) Construction Along a Scenic Byway of Facilities for the use of 
    Pedestrians and Bicyclists, Rest Areas, Turnouts, Highway Shoulder 
    Improvements, Passing Lanes, Overlooks, and Interpretive Facilities
    
        All the related facilities identified under this category must 
    be constructed within or immediately adjacent to the right-of-way of 
    the scenic byway. The facilities must be directly related to the 
    scenic byway. Interpretive facilities must relate to the scenic, 
    historic, cultural, archeological, recreational, or natural 
    qualities which contributed to the highway's designation as a scenic 
    byway. They may not be established as general tourist information 
    centers.
    
    (5) Improvements to the Scenic Byway That Will Enhance Access to a 
    Recreation Area, Including Water-Related Recreation
    
        All eligible project improvements are focused on construction 
    and related work activities that provide access from the scenic 
    byway. In this instance, all improvements must be related 
    construction modifications that are made to the highway to enhance 
    existing access to recreational areas. Improvements are confined to 
    the right-of-way of the scenic byway. However, the acquisition of 
    additional right-of-way along the byway is permitted, when 
    warranted, to accommodate access improvements to the byway.
    
    (6) Protection of Scenic, Historical, Recreational, Cultural, 
    Natural, and Archaeological Resources in an Area Adjacent to a 
    Scenic Byway
    
        Resource protection applies only to those properties that 
    contribute to the qualities for which the highway has been 
    designated as a scenic byway. The properties must be located 
    directly adjacent to the scenic byway. Resource protection involves 
    use-restrictions that are in the form of easements. However, the 
    purchase of the resource could be considered only after it has been 
    determined that all other protection measures are unsuccessful. 
    Protection of a resource encompasses neither rehabilitation nor 
    renovation of a property.
    
    (7) Developing and Providing Tourist Information to the Public, 
    Including Interpretive Information About the Scenic Byway
    
        All information must be associated with the State's scenic 
    byways. It could provide information relating to the State's total 
    network of scenic byways or it could address a specific byway's 
    intrinsic qualities and/or related user amenities. All interpretive 
    information should familiarize the tourists with the qualities that 
    are important to the highway's designation as a scenic byway. 
    Tourist information can be in the form of signs, brochures, 
    pamphlets, tapes, and maps. Product and business advertising are not 
    permitted on tourist information that has been developed with grant 
    funds received under the scenic byways program. The National Scenic 
    Byways Program logo should be used on all printed material, audio 
    and video tapes, interpretive exhibits, and kiosks. FHWA should be 
    recognized as a funding source on all interpretive and information 
    products.
    
    [[Page 49950]]
    
    (8) Development and Implementation of a Scenic Byway Marketing 
    Program
    
        Development and implementation of a marketing program includes: 
    byway marketing plans (if not previously developed in corridor 
    management plan), advertising, trade show exhibits and registration, 
    press kits, marketing research, hospitality training, and 
    development of videos. For funding purposes, lists of trade shows 
    with associated costs for each must be provided with the 
    application. The National Scenic Byways Program logo should be used 
    on all printed material, videos, exhibits, and other collateral 
    products. FHWA should be recognized as a funding source on all 
    marketing products.
        All projects must be specific to the byway(s) and FHWA 
    encourages those projects that include multiple byways either within 
    a state system or within a region (multi-state). Implementation 
    projects will not be funded without the completion of a marketing 
    plan and projects must be consistent with the plan. Target markets 
    should be identified prior to application and the project narrative 
    should clearly demonstrate how that market will be reached through 
    implementation of the proposed project. Include evaluation and/or 
    tracking methods to be implemented for the proposed project, where 
    applicable.
    
    II. Selection Criteria
    
        To evaluate the submitted candidate project for selection, we 
    will be considering several criteria. The following statutory 
    criteria are found in Section 1219 of TEA-21:
        1. The funds shall be allocated among the States to:
        ``(A) implement projects on highways designated as National 
    Scenic Byways, All-American Roads, or as State scenic byways; and
        (B) plan, design, and develop a State scenic byway program.''
        2. We are required to give priority to:
        ``(A) Each eligible project that is associated with a highway 
    that has been designated as a National Scenic Byway or All-American 
    Road and that is consistent with the corridor management plan for 
    the byway;
        (B) Each eligible project along a State-designated scenic byway 
    that is consistent with the corridor management plan for the byway, 
    or is intended to foster the development of such a plan, and is 
    carried out to make the byway eligible for designation as a National 
    Scenic Byway or All-American Road; and
        (C) Each eligible project that is associated with the 
    development of a State scenic byway program.''
        Although there are no regulatory criteria for selection of 
    Scenic Byway discretionary projects, the following criteria are also 
    considered in the evaluation of candidates for this program:
        1. Project Type: In selecting projects for funding, preference 
    is given to project types in the following order:
        a. State program development and safety improvements
        b. Byway interpretation
        c. Highway improvements
        2. Funding Expenditures: The timely use of scenic byways funds 
    generally indicates how successful a State has been in meeting its 
    project work plan. States showing greater progress toward the 
    completion of prior approved projects are better positioned to 
    initiate new projects and show a greater need for additional 
    funding.
        3. Leveraging of Private or other public funding: Because the 
    annual request for funding far exceed the available scenic byways 
    discretionary funds, commitment of other funding sources to 
    complement the requested discretionary funding is an important 
    factor.
    
    III. Submission Requirements
    
        In order for each funding request to be properly evaluated, a 
    standard format is used for the Scenic Byways grant applications.
    
    Project Information
    
        The information identified in these sections must be prepared 
    for each project submitted by the State. Information is provided 
    below on each of the sections for clarity.
    
    Section A: Program Requirements
    
        This section provides verification of the State Scenic Byways 
    Program and identifies the scenic byways coordinator, agency, and 
    address.
    
    Section B: Project Name & Location
    
        This section identifies the State project and the byway.
         Project Name: A brief descriptor of the project (e.g., 
    Rocky Top Scenic Byway: Bicycle and Pedestrian Facility).
         Project Number: The priority number assigned by the 
    State (01, 02, etc.).
         Project Location: The place within the State where 
    project activities will occur (statewide, Orange County, or Town of 
    Paloma to Bridgeport city limits).
         Date of State Byway Designation: Must be given for each 
    byway on which project activities occur (e.g., the State designation 
    occurred March 2, 1990 while another organization designated 
    earlier: USFS designation October 18, 1989).
         Scenic Byways Associated with the Project names and 
    route numbers must be provided.
         U.S. Congressional Districts: Names and corresponding 
    districts are required. For statewide projects say ``All.''
         Identify the appropriate quality(s) for which your 
    route was designated.
    
    Section C: Project Description
    
        The information provided here is a narrative description of the 
    work to be performed and the location of the project. It must be 
    self-explanatory.
    
    Section D: Work Plan & Time Table
    
        Provide a detailed work plan for each project describing the 
    chronological steps that will be taken.
    
    Section E: Project Priority
    
        This should describe how the project meets the project 
    priorities.
    
    Section F: Project Type
    
        Identify which of the eight (8) eligible project types the 
    project represents.
    
    Section G: Project Funding
    
        This represents the total costs for each project and must be 
    prepared as indicated in the following Project Budget Summary Table:
    
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                                    Project breakdown                                 Third Party Donations--To be completed when State share includes third
    ---------------------------------------------------------------------------------                             party donations                           
                                                  Total       Federal                -----------------------------------------------------------------------
       Project number & name 04: Flat Rock       project     share (80%  State share                                                                        
    Scenic Byway: Shining Rock Falls Overlook  cost (100%)     max.)      (20% min.)   Third party match source(s)           Match type          Match value
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    Kiosk....................................       $4,000       $3,200         $800  Redwing Lumber Company......  Construction Materials,             $300
                                                                                                                     lumber.                                
    Interpretive Panels (3)..................        5,625        4,500        1,125  Sight Design Co.............  Design Services 12hrs @$50/          600
                                                                                                                     hr.                                    
    Right-of-Way purchase....................        6,000        4,800        1,200  ............................  ...........................  ...........
    Parking lot construction and paving......       30,000       24,000        6,000  ABC Construction............  Labor & Materials for site         6,000
                                                                                                                     preparation & drainage                 
                                                                                                                     systems installation.                  
    Project Total............................      $45,625      $36,500       $9,125                                                                        
    (1)Third Party Donation Total                   $6,900                                                                                                  
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    
    Section H: Intrinsic Quality Protection
    
        Provide an explanation of how the project will protect the 
    scenic, historical, recreational, cultural, natural, and 
    archaeological integrity of the highway and adjacent areas.
    
    Section I: Matching Funds Certification
    
        The State Scenic Byway Agency must substantiate that the 
    matching funds are
    
    [[Page 49951]]
    
    available for the project and sign in this section after 
    confirmation is made.
    
    Section J: Project Coordinator
    
        This should be either the State Scenic Byways Coordinator or the 
    local person or agency in charge of the project.
    
    [FR Doc. 98-24914 Filed 9-17-98; 8:45 am]
    BILLING CODE 4910-22-P
    
    
    

Document Information

Effective Date:
7/7/1998
Published:
09/18/1998
Department:
Federal Highway Administration
Entry Type:
Notice
Action:
Notice.
Document Number:
98-24914
Dates:
July 7, 1998.
Pages:
49948-49951 (4 pages)
PDF File:
98-24914.pdf