PUBLIC LAW 109–59—AUG. 10, 2005
119 STAT. 1457
‘‘(B) All-American Roads; or ‘‘(C) America’s Byways.’’; and (2) by striking paragraph (3) and inserting the following: ‘‘(3) NOMINATION.— ‘‘(A) IN GENERAL.—To be considered for a designation, a road must be nominated by a State, an Indian tribe, or a Federal land management agency and must first be 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. ‘‘(B) NOMINATION BY INDIAN TRIBES.—An Indian tribe may nominate a road as a National Scenic Byway under subparagraph (A) only if a Federal land management agency (other than the Bureau of Indian Affairs), a State, or a political subdivision of a State does not have— ‘‘(i) jurisdiction over the road; or ‘‘(ii) responsibility for managing the road. ‘‘(C) SAFETY.—An Indian tribe shall maintain the safety and quality of roads nominated by the Indian tribe under subparagraph (A). ‘‘(4) RECIPROCAL NOTIFICATION.—States, Indian tribes, and Federal land management agencies shall notify each other regarding nominations made under this subsection for roads that— ‘‘(A) are within the jurisdictional boundary of the State, Federal land management agency, or Indian tribe; or ‘‘(B) directly connect to roads for which the State, Federal land management agency, or Indian tribe is responsible.’’. (b) GRANTS AND TECHNICAL ASSISTANCE.—Section 162(b) of such title is amended— (1) in paragraph (1) by inserting ‘‘and Indian tribes’’ after ‘‘provide technical assistance to States’’; (2) in paragraph (1)(A) by striking ‘‘designated as’’ and all that follows through ‘‘; and’’ and inserting ‘‘designated as— ‘‘(i) National Scenic Byways; ‘‘(ii) All-American Roads; ‘‘(iii) America’s Byways; ‘‘(iv) State scenic byways; or ‘‘(v) Indian tribe scenic byways; and’’; and (3) in paragraph (1)(B) by inserting ‘‘or Indian tribe’’ after ‘‘State’’; (4) in paragraph (2)(A) by striking ‘‘Byway or All-American Road’’ and inserting ‘‘Byway, All-American Road, or 1 of America’s Byways’’; (5) in paragraph (2)(B)— (A) by striking ‘‘State-designated’’ and inserting ‘‘State or Indian tribe’’; and (B) by striking ‘‘designation as a’’ and all that follows through ‘‘; and’’ and inserting ‘‘designation as— ‘‘(i) a National Scenic Byway; ‘‘(ii) an All-American Road; or ‘‘(iii) 1 of America’s Byways; and’’; and (6) in paragraph (2)(C) by inserting ‘‘or Indian tribe’’ after ‘‘State’’. (c) ELIGIBLE PROJECTS.—Section 162(c) of such title is amended—
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