23 C.F.R. Subpart A—Forest Highways
Title 23 - Highways
Authority: 16 U.S.C. 1608–1610; 23 U.S.C. 101, 202, 204, and 315; 49 CFR 1.48.
Source: 59 FR 30300, June 13, 1994, unless otherwise noted.
The purpose of this subpart is to implement the Forest Highway (FH) Program which enhances local, regional, and national benefits of FHs funded under the public lands highway category of the coordinated Federal Lands Highway Program. As provided in 23 U.S.C. 202, 203, and 204, the program, developed in cooperation with State and local agencies, provides safe and adequate transportation access to and through National Forest System (NFS) lands for visitors, recreationists, resource users, and others which is not met by other transportation programs. Forest highways assist rural and community economic development and promote tourism and travel. In addition to the definitions in 23 U.S.C. 101(a), the following apply to this subpart: Cooperator means a non-Federal public authority which has jurisdiction and maintenance responsibility for a FH. Forest highway means a forest road under the jurisdiction of, and maintained by, a public authority and open to public travel. Forest road means a road wholly or partly within, or adjacent to, and serving the NFS and which is necessary for the protection, administration, and utilization of the NFS and the use and development of its resources. Jurisdiction means the legal right or authority to control, operate, regulate use of, maintain, or cause to be maintained, a transportation facility, through ownership or delegated authority. The authority to construct or maintain such a facility may be derived from fee title, easement, written authorization, or permit from a Federal agency, or some similar method. Metropolitan Planning Organization (MPO) means that organization designated as the forum for cooperative transportation decisionmaking pursuant to the provisions of part 450 of this title. Metropolitan Transportation Plan means the official intermodal transportation plan that is developed and adopted through the metropolitan transportation planning process for the metropolitan planning area. National Forest System means lands and facilities administered by the Forest Service (FS), U.S. Department of Agriculture, as set forth in the Forest and Rangeland Renewable Resource Planning Act of 1974, as amended (16 U.S.C. 1601 note, 1600–1614). Open to public travel means except during scheduled periods, extreme weather conditions, or emergencies, open to the general public for use with a standard passenger auto, without restrictive gates or prohibitive signs or regulations, other than for general traffic control or restrictions based on size, weight, or class of registration. Public authority means a Federal, State, county, town, or township, Indian tribe, municipal or other local government or instrumentality with authority to finance, build, operate, or maintain toll or toll-free facilities. Public lands highway means: (1) A forest road under the jurisdiction of and maintained by a public authority and open to public travel or (2) any highway through unappropriated or unreserved public lands, nontaxable Indian lands, or other Federal reservations under the jurisdiction of and maintained by a public authority and open to public travel. Public road means any road or street under the jurisdiction of and maintained by a public authority and open to public travel. Renewable resources means those elements within the scope of responsibilities and authorities of the FS as defined in the Forest and Rangeland Renewable Resource Planning Act of August 17, 1974 (88 Stat. 476) as amended by the National Forest Management Act of October 22, 1976 (90 Stat. 2949; 16 U.S.C. 1600–1614) such as recreation, wilderness, wildlife and fish, range, timber, land, water, and human and community development. Resources means those renewable resources defined above, plus other nonrenewable resources such as minerals, oil, and gas which are included in the FS's planning and land management processes. Statewide transportation plan means the official transportation plan that is: (1) Intermodal in scope, including bicycle and pedestrian features, (2) addresses at least a 20-year planning horizon, and (3) covers the entire State pursuant to the provisions of part 450 of this title. (a) The FS will provide resource planning and related transportation information to the appropriate MPO and/or State Highway Agency (SHA) for use in developing metropolitan and statewide transportation plans pursuant to the provisions of part 450 of this title. Cooperators shall provide various planning (23 U.S.C. 134 and 135) information to the Federal Highway Administration (FHWA) for coordination with the FS. (b) The management systems required under 23 U.S.C. 303 shall fulfill the requirement in 23 U.S.C. 204(a) regarding the establishment and implementation of pavement, bridge, and safety management systems for FHs. The results of bridge management systems and safety management systems on all FHs and results of pavement management systems for FHs on Federal-aid highways are to be provided by the SHAs for consideration in the development of programs under §660.109 of this part. The FHWA will provide appropriate pavement management results for FHs which are not Federal-aid highways. (c) The FHWA, in consultation with the FS, the SHA, and other cooperators where appropriate, will designate FHs. (1) The SHA and the FS will nominate forest roads for FH designation. (2) The SHA will represent the interests of all cooperators. All other agencies shall send their proposals for FHs to the SHA. (d) A FH will meet the following criteria: (1) Generally, it is under the jurisdiction of a public authority and open to public travel, or a cooperator has agreed, in writing, to assume jurisdiction of the facility and to keep the road open to public travel once improvements are made. (2) It provides a connection between adequate and safe public roads and the resources of the NFS which are essential to the local, regional, or national economy, and/or the communities, shipping points, or markets which depend upon those resources. (3) It serves: (i) Traffic of which a preponderance is generated by use of the NFS and its resources; or (ii) NFS-generated traffic volumes that have a substantial impact on roadway design and construction; or (iii) Other local needs such as schools, mail delivery, commercial supply, and access to private property within the NFS. On October 1 of each fiscal year, the FHWA will allocate 66 percent of Public Lands Highway funds, by FS Region, for FHs using values based on relative transportation needs of the NFS, after deducting such sums as deemed necessary for the administrative requirements of the FHWA and the FS; the necessary costs of FH planning studies; and the FH share of costs for approved Federal Lands Coordinated Technology Implementation Program studies. (a) The FHWA will arrange and conduct a conference with the FS and the SHA to jointly select the projects which will be included in the programs for the current fiscal year and at least the next 4 years. Projects included in each year's program will be selected considering the following criteria: (1) The development, utilization, protection, and administration of the NFS and its resources; (2) The enhancement of economic development at the local, regional, and national level, including tourism and recreational travel; (3) The continuity of the transportation network serving the NFS and its dependent communities; (4) The mobility of the users of the transportation network and the goods and services provided; (5) The improvement of the transportation network for economy of operation and maintenance and the safety of its users; (6) The protection and enhancement of the rural environment associated with the NFS and its resources; and (7) The results for FHs from the pavement, bridge, and safety management systems. (b) The recommended program will be prepared and approved by the FHWA with concurrence by the FS and the SHA. Following approval, the SHA shall advise any other cooperators in the State of the projects included in the final program and shall include the approved program in the State's process for development of the Statewide Transportation Improvement Program. For projects located in metropolitan areas, the FHWA and the SHA will work with the MPO to incorporate the approved program into the MPO's Transportation Improvement Program. (a) A statewide FH agreement shall be executed among the FHWA, the FS, and each SHA. This agreement shall set forth the responsibilities of each party, including that of adherence to the applicable provisions of Federal and State statutes and regulations. (b) The design and construction of FH projects will be administered by the FHWA unless otherwise provided for in an agreement approved under this subpart. (c) A project agreement shall be entered into between the FHWA and the cooperator involved under one or more of the following conditions: (1) A cooperator's funds are to be made available for the project or any portion of the project; (2) Federal funds are to be made available to a cooperator for any work; (3) Special circumstances exist which make a project agreement necessary for payment purposes or to clarify any aspect of the project; or (4) It is necessary to document jurisdiction and maintenance responsibility. (a) Projects to be administered by the FHWA or the FS will be developed in accordance with FHWA procedures for the Federal Lands Highway Program. Projects to be administered by a cooperator shall be developed in accordance with Federal-aid procedures and procedures documented in the statewide agreement. (b) The FH projects shall be designed in accordance with part 625 of this chapter or those criteria specifically approved by the FHWA for a particular project. (a) No construction shall be undertaken on any FH project until plans, specifications, and estimates have been concurred in by the cooperator(s) and the FS, and approved in accordance with procedures contained in the statewide FH agreement. (b) The construction of FHs will be performed by the contract method, unless construction by the FHWA, the FS, or a cooperator on its own account is warranted under 23 U.S.C. 204(e). (c) Prior to final construction acceptance by the contracting authority, the project shall be inspected by the cooperator, the FS, and the FHWA to identify and resolve any mutual concerns. The cooperator having jurisdiction over a FH shall, upon acceptance of the project in accordance with §660.113(c), assume operation responsibilities and maintain, or cause to be maintained, any project constructed under this subpart. (a) The Federal share of funding for eligible FH projects may be any amount up to and including 100 percent. A cooperator may participate in the cost of project development and construction, but participation shall not be required. (b) Funds for FHs may be used for: (1) Planning; (2) Federal Lands Highway research; (3) Preliminary and construction engineering; and (4) Construction. (c) Funds for FHs may be made available for the following transportation-related improvement purposes which are generally part of a transportation construction project: (1) Transportation planning for tourism and recreational travel; (2) Adjacent vehicular parking areas; (3) Interpretive signage; (4) Acquisition of necessary scenic easements and scenic or historic sites; (5) Provisions for pedestrians and bicycles; (6) Construction and reconstruction of roadside rest areas including sanitary and water facilities; and (7) Other appropriate public road facilities as approved by the FHWA. (d) Use of FH funds for right-of-way acquisition shall be subject to specific approval by the FHWA. (e) Cooperators which administer construction of FH projects shall maintain their FH records according to 49 CFR part 18. (f) Funds provided to the FHWA by a cooperator should be received in advance of construction procurement unless otherwise specified in a project agreement.
Title 23: Highways
PART 660—SPECIAL PROGRAMS (DIRECT FEDERAL)
Subpart A—Forest Highways
§ 660.101 Purpose.
§ 660.103 Definitions.
§ 660.105 Planning and route designation.
§ 660.107 Allocations.
§ 660.109 Program development.
§ 660.111 Agreements.
§ 660.112 Project development.
§ 660.113 Construction.
§ 660.115 Maintenance.
§ 660.117 Funding, records and accounting.
