How does the May 18, 1995 Interim Policy for the National Scenic Byways Program apply in light of subsequent revisions to the Programs statutory language?
The Interim Policy remains the current policy governing the program. However, both the Transportation Equity Act for the 21st Century (TEA-21) and the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) have since modified the National Scenic Byways Program. The current statutory language (23 U.S.C. Section 162) does have some inconsistencies with the Interim Policy. In such cases, the statutory language governs. Must a highway or road submitted for designation under the National Scenic Byways Program need to be first designated as a State scenic byway, an Indian tribe scenic byway, or, in the case of a road on Federal land, as a Federal land management agency byway? Yes. Although the Interim Policy discusses allowing other roads and highways that meet the national criteria to be designated on a case-by-case basis, this is not allowed under the current statute.
Related Questions
- How does the May 18, 1995 Interim Policy for the National Scenic Byways Program apply in light of subsequent revisions to the Programs statutory language?
- Must all nominations for National Scenic Byways or All-American Roads be submitted by the State Scenic Byways Agency?
- What is the National Scenic Byways Program?
