[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
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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
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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]
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