Can a waterway be considered for designation as a National Scenic Byway or All-American Road?
In general, a waterway cannot be considered for designation. Title 23 of United States Code, Section 162(a) specifically states that the Secretary shall designate “roads.” Unless there is some exception that would uniquely qualify a waterway, it would not qualify as a road. For example, the Alaska Marine Highway is unique as it is specifically recognized in highway law and allowed to receive highway funding from other Federal-aid highway programs. In addition, the Alaska Marine Highway ferries carry two-wheel drive vehicles.
