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Funding National Scenic Byways Guide May 2002 I. INTRODUCTION II. HISTORY OF THE NATIONAL SCENIC BYWAYS PROGRAM In 1991, the United States Department of Transportation established the NSB Program. The NSB Program and the Byways Resource Center were authorized as part of the Transportation Equity Act for the 21st Century, Public Law 105-178, Sections 1101(a)(11) and 1215(b). Under the NSB Program, the Secretary of the Department of Transportation recognizes certain roads as NSB or AAR based on their archaeological, cultural, historic, natural, recreational, and scenic qualities. There are 72 such designated byways in 32 states. The Federal Highway Administration (FHWA) promotes this collection of roads as America's Byways. The National Park Service (NPS) has 31 Scenic Byways which are entirely within or are adjacent to a national park unit. Scenic byways can be designated at the local, State or national level. Some are called heritage routes. Others may be called rustic roads or backcountry byways, although some of these designations differ slightly. These designations are different in that Bureau of Land Management calls their scenic byways backcountry byways. Some of these byways are not paved and require 4 wheel drive vehicles. The heritage routes and rustic roads are most often part of a State program. Some of these roads can be designated NSB. However, one of the requirements found in the attached Federal Register Notice on the NSB Program (Attachment 1) a road or highway must safely and conveniently accommodate two-wheel drive automobiles with standard clearances to be considered for designation as a NSB or an AAR. A. What Are Americas Byways? America's Byways are a distinctive collection of American roads that tell a story and provide the visitor a unique experience. They are roads to the heart and soul of America. Byways are exclusive because of their outstanding qualities, not because they are confined to a select group of people. There are two types of designations: 1) National Scenic Byways must contain one of the six intrinsic qualities and 2) All-American Roads must possess multiple intrinsic qualities that are nationally significant and contain one-of-a-kind features that do not exist elsewhere. The NSB Program recognizes and supports outstanding roads. It is a voluntary, grassroots program that is founded upon the strength of the leaders for individual byways. It provides resources to help manage intrinsic qualities within the broader byway corridor to be treasured and shared. Perhaps one of the underlying principles for the program has been articulated best by a byway leader who said, the program is about recognition, not regulation. B. What are Intrinsic Qualities? Intrinsic Quality means archaeological, cultural, historic, natural, recreational, or scenic features that are considered representative, unique, irreplaceable, or distinctly characteristic of an area. Archaeological quality involves those characteristics of the scenic byway corridor that are physical evidence of historic or prehistoric life that are visible and capable of being inventoried and interpreted. Cultural quality is evidence and expressions of the customs or traditions of a distinct group of people. Cultural features include, but are not limited to, crafts, music, dance, rituals, festivals, speech, food, special events, and vernacular architecture. Historic quality encompasses legacies of the past that are distinctly associated with physical elements of the landscape, whether natural or manmade, that are of such historic significance that they educate the visitor of a past event and stir an appreciation of the past. Natural quality applies to those features in the visual environment that are in a relatively undisturbed state. These features predate the arrival of human populations, and may include geological formations, fossils, landforms, water bodies, vegetation and wildlife. Recreational quality involves outdoor recreational activities directly associated with, and dependent upon, the natural and cultural elements of the corridor's landscape. Scenic quality is the heightened visual experience derived from the view of natural and manmade elements of the visual environment. C. Types of Designations National Scenic Byway To be designated as a NSB, a road must possess at least one of six intrinsic qualities: archaeological, cultural, historic, natural, recreational, scenic, or features. The significance of the features contributing to the distinctive characteristicsof the corridor's intrinsic qualities must be recognized throughout the multi-state region. An example of an existing NSB is Death Valley Scenic Byway which is located in Death Valley National Park, California. Death Valley Scenic Byway National Scenic Byway Spectacular Desert Scenery Death Valley National Park is the lowest point in the Western Hemisphere. It has 3.3 million acres of spectacular desert scenery, interesting and rare desert wildlife, complex geology, undisturbed wilderness, and sites of historical and cultural interest. Gateway to Death Valley Located in one of the most remote parts of California, travelers from all over the world use Route 190 as the gateway to Death Valley. International visitors see Death Valley as part of the grand tour of California. Over 75 percent of the summer visitors in this area come from abroad. Not only does this destination attract tourists from everywhere; scientists and researchers also come to study and explore the parks unique resources. All-American Road To receive an AAR designation, a road must possess multiple intrinsic qualities that are nationally significant and contain one-of-a-kind features that do not exist elsewhere. The road or highway must also be considered a 'destination unto itself.' That is, the road must provide an exceptional traveling experience so recognized by travelers that they would make a drive along the highway a primary reason for their trip. An example of an AAR is Natchez Trace Parkway in Mississippi. Natchez Trace Parkway Alabama/Mississippi/Tennessee All-American Road The Natchez Trace Parkway tells the story of people on the move, the story of the age-old need to get from one place to another. It is a story of Natchez, Chickasaw, and Choctaw Indians following traditional ways of life, of French and Spanish people venturing into a new world, and of people building a new nation. At first, the trace was probably a series of hunters' paths that slowly came together to form a trail that led from the Mississippi River over the low hills into the Tennessee Valley. By 1785, Ohio River Valley farmers searching for markets had begun floating their crops and products down the rivers to Natchez or New Orleans. Because they sold their flatboats for lumber, returning home meant either riding or walking. The trail from Natchez offered the most direct route for them to follow. The parklands along the Trace preserve important examples of our nation's natural and cultural heritage. Since the late 1930's, the NPS has been constructing a modern parkway that closely follows the course of the original trace. Today, the parkway gives present-day travelers an unhurried route from Natchez to Nashville. It is a subtle driving experience. Motorists and bicyclists alike enjoy the scenery, from the rock-studded hills of Tennessee, past the cotton fields of Alabama, to the flat and meandering southernextremes shaded by trees and Spanish moss. The Natchez Trace Parkway winds along 445 scenic miles through three states, including Alabama, Mississippi, and Tennessee. The Alabama segment of the Natchez Trace Parkway is the middle leg of a byway that covers the entire length of the Natchez Trace. The Old Trace is still closely followed by the parkway, which is preserved and administered today by the National Park Service. A lovely tree-lined drive through woods and fields, the byway offers a wealth of early pioneer history at well-maintained historic sites like Colbert Ferry Park, Freedom Hills, and Buzzard Roast Springs. Views are particularly pretty on crossing the Tennessee River midway through Alabama. III. NOMINATION GUIDANCE Anyone may nominate a road for possible designation by the Secretary of Transportation, but the nomination must be submitted through a State's official scenic byway agency in the States Department of Transportation. All nominations must include a corridor management plan designed to preserve and enhance the unique qualities of the byway. (Please note that parks are not required to submit a separate stand alone Corridor Management Plan. In lieu of a Corridor Management Plan, parks may use their General Management Plan or the National Park Services Management Policies where applicable in the nomination process. However, the parks document still needs to meet the 14 requirements found in a Corridor Management Plan.) The byways are typically supported through a network of individuals who volunteer their time and effort. Local citizens and communities create the vision for their byway, identify the resources comprising the intrinsic qualities, and form the theme or story that stirs the interest and imagination of visitors about the byway and its resources. Parks should work in conjunction with local communities and other stakeholders if the road to be designated continues outside the park boundaries. If the road to be designated is solely within the park boundaries, then parks should work with their stakeholders to ensure support. Together, parks, local citizens and communities decide how best to balance goals, strategies, and actions for promoting the byway and preserving its intrinsic qualities and jointly develop the corridor management plan or, if possible, use the parks General Management Plan for the nomination. Please keep in mind that all nominations must be sponsored/approved by the State. Nomination is not about filling out an application. It's all about telling the byway's story. This is the premise that drives the FHWA work on requesting nominations for possible national designation. Nominees might want to think of their byway's nomination as a combination of a community's guide and a visitor's guide for the byway. The online nomination form can be found on www.byways.org/nominations/index.html. A. Nomination Checklist Seek the early guidance and endorsement of your State Scenic Byway Coordinator, or equivalent; Make sure to include all elements of the nomination the State requests and as many intrinsic qualities that apply; Explain how the community or stakeholders would benefit from the project; Include letters of support, minutes from public meetings and newspaper clips about the project; If available, include photographs of the site, preliminary sketches or plans; and, Prepare a Corridor Management Plan or, if possible, ask whether
the parks General Management Plan can be substituted in lieu
of the Corridor Management Plan.
IV. GRANT PROGRAM/APPLICATION PROCESS Once a Scenic Byway obtains designation it is able to apply for grant monies available under the National Scenic Byways Program. There is approximately $22 million in FHWA funds made available annually for scenic byways projects. Project applications are submitted through the State in priority order to the FHWA (See Positioning Your Project for Selection of this guide for further details on how States Prioritize projects.) The online grant application can be found at: http://www.byways.org/grants/application.html. Parks will need to work closely with their State Scenic Byways Coordinator to make sure that grant applications are submitted according to the State deadline. Applications for FY 2003 were available starting January 15, 2002. Each State has a different deadline. In order to find out what that deadline is go to: www.byways.org/grants/schedule.html and click on the down arrow to find your particular State. Applications are due to the FHWA Division Office by June 30, 2002. Final applications are due to the FHWA Headquarters by August 1, 2002. V. FUNDING The Federal Highway Administration provides 80 percent of funding for eligible projects along NSBs and AARs to support technical assistance, planning, design and development of State Scenic Byways Programs. Funds are allocated administratively each year and not by formula. During the life of TEA-21, approximately $25 million has been allocated each year. A. Matching Requirements There must be a minimum of 20 percent in matching funds for all projects applying for grant monies. This matching requirement can be satisfied in whole or in part with State, local government, private sector, or Federal land management agency funds. Additionally, third party in-kind donations can be credited toward the States share of the project cost. The law guiding implementation of the NSB Program is in Section 162, Title 23 of the United States Code; 23 U.S.C. 162. Subsection (f) governs the matching share: (f) Federal Share The Federal share of the cost of carrying out a project under this section shall be 80 percent, except that, in the case of any scenic byway project along a public road that provides access to or within Federal or Indian land, a Federal land management agency may use funds authorized for the use by the agency as the non-Federal share. Thus, a federal agency like the NPS can use appropriated funds, other NPS program funds and/or Federal Lands Highways Program funds as their match. B. Other Sources for the 20 percent matching funds State Government Local Government Private Sector Federal Land Management Agency In-Kind Donations Private Entity While government services (labor) and property (in the case of Federal agencies) may not be donated or credited toward the match, a government agency can be reimbursed for up to 80 percent of its expenses, including salaries, directly related to the scenic byways project. C. Documenting the Breakdown of the 20 percent Match for a Project Section J of the 2003 National Scenic Byways grant application provides space to include information on the description, source, type, and amount of the match. All parts of the match must be identified in this section. Source: Who is providing the in-kind donations? Services: Donated services must be valued at a rate equivalent
to that rate ordinarily paid for work in the project applications
organization. If the project applicant does not have employees performing
similar work, the rates will be consistent with those ordinarily
paid by other employers for similar work. In order for scenic byways to apply for grant money, they must submit projects that meet one of the eight categories of eligible activities. These eight categories of eligible National Scenic Byways Activities, as defined in TEA-21, follow basic steps from planning to implementation and are listed below. For more detailed information on each category please refer to the National Scenic Byways Program Guidance for FY 2003 Grant Applications at: www.byways.org/grants/docs/Guidance_2003.pdf.
The following statutory criteria are found in Section 1219 of TEA-21: Projects on routes designated as either an AAR or a NSB. State & byway priorities; Seek the early involvement and endorsement of your State Scenic Byway Coordinator, or equivalent; Make sure to include all elements of the application the state requests; Identify the source of the matching funds with a letter verifying their availability; Explain how the community would benefit from the project; Include letters of support, minutes from public meetings and newspaper clips about the project; If available, include photographs of the site, preliminary sketches or plans; and, Work with state and Metropolitan Planning Organization staffs
involved with the preparation of the Transportation Improvement
Process.
D. Example of a Successful Grant Application Mississippi
$200,000 The main thing to remember about both the nomination and grant application process is that parks need to work closely with their State Coordinators. Both the nomination and grant application forms are easily completed online at www.byways.org. A. State Transportation Improvement and Metropolitan Planning Organization
Transportation Improvement Program The metropolitan and statewide planning processes should occupy a central role in the identification, planning, and funding of byways activities. In particular, the planning processes are the appropriate mechanisms for determining funding priorities among competing byway activities. The TIP development process involves considerable coordination with public agencies, transportation providers, and members of the public. TEA-21 requires State plans and TIPs to include strategies that address a number of broadly defined transportation policy areas, such as economic vitality, safety and security, and environmental protection. While it is the responsibility of the State to sponsor a byway project, after the NPS seeks their sponsorship, it should be emphasized that projects funded out of the Federal Lands Highway Program (FLHP) should be coordinated and included with appropriate State and MPO plans and TIPs [23 USC §204(a)(5)]. B. Positioning Your Project for Selection As noted earlier, State and byway priorities, project benefits, timely expenditure of previously awarded scenic byway funds, and leveraging of other funds are important criteria in FHWAs evaluation of projects. Competition is tough. In FY 2002, for example FHWA received 286 grants applications from 41 States, requesting a total of $65 million, compared to $23 million available nationwide. All grant applications, including those from the NPS, must be submitted through the State scenic byway agency, typically the department of transportation in most States. If multiple projects are advanced for a particular byway, FHWA requests that the byway identify their priority for each project to the State. Likewise, FHWA expects each State to rank all of the projects from the State. The Federal Highway Administrator and the Secretary of Transportation select projects for funding. Throughout TEA-21, grant applications have been due from the State to the respective FHWA division office by June 30 in advance of the fiscal year; e.g., FY 2003 grant applications are due to FHWA by June 30, 2002 (or July 1, since June 30 falls on Sunday). The State usually has an earlier deadline in order to review and rank projects. States are able to post their deadline under the schedule on the grant section on www.byways.org, or park representatives may check with the State scenic byway coordinator. Regardless, it is wise to check with the State scenic byway coordinator before starting work on any scenic byways grant application. Some States set a maximum dollar amount for a scenic byways project. The State coordinator also may be able to inform park representatives about how many projects (and the total requests) that might be expected from byways throughout the State in the upcoming year, and advise park representatives about any factors the State takes into consideration when ranking projects that are submitted to FHWA. When preparing a grant application, always keep in mind that individuals who review the project are not as likely to be familiar with the park, the byway, and the surrounding area as is the park or byway representative who prepares the application. Write clearly and concisely, explain the relationship of the project to the byway, mention how byway visitors and travelers (not just park visitors) will benefit from the project, and include maps, site or conceptual plans, and other illustrations of the proposed project (as appropriate) with the hard copy of the application. Letters of support from the byway organization and communities along the byway are useful if they demonstrate broader ownership, involvement, and support for the project not just standard endorsement. Leveraging of funds from other sources public or private reflect the ultimate in broader participation in the project especially if it reduces the scenic byways funding share below the maximum 80 percent that is allowed. C. Cooperative Agreements Provide the purpose and foundation of the partnership; Establish obligations, responsibilities, and funding requirements; Anchor legislative requirements; Cover project termination and liability; and, Reaffirm standard clauses such as non-discrimination. The format and requirement for such agreements are provided by Directors Order #20. (See Attachment 2) D. Conclusion The NPS is encouraged to take advantage of the NSB Program. A successful byways program shares one essential component: partnership. While national parks are public lands, they are at the same time extensions of local communities. The program provides an opportunity for national parks to collaborate with partners, such as State and local governments, gateway communities, and other stakeholders and allows the NPS to tap into the skills of a larger community, extend its mission outside park boundaries, while working towards a common goal. The NPS seeks to provide transportation improvements that lies lightly on the land in and around park units, while balancing the protection of the cultural and natural resources and providing for public enjoyment. Designating a NPS road as a NSB or AAR can be a connection between resource protection and visitor enjoyment, and aid in achieving the NPS dual mandate. The byways program addresses a wide range of needs within park units, including recognition of roads that are traveled because of their intrinsic qualities. This program enables the NPS to take advantage of a grassroots program that focuses on enhancing the traveling and visitor experience and managing, restoring and preserving scenic or historic roads. E. For Further Information To learn more about the NSB Program, please use the following resources: National Park Service Park Facility Management Divisions
Transportation website at www.nps.gov/transportation/alt. WASO Transportation Planners:
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