Section 4(f) Overview
This section will start you off with a general overview of the statute known as Section 4(f). More detailed information about each topic presented here is available as you navigate through this site.
What is Section 4(f)? |
When is Section 4(f) a consideration? |
What does Section 4(f) require? |
What are Section 4(f) properties? |
What is a use? |
What is a de minimis impact? |
What is feasible? |
What is prudent? |
What is least overall harm? |
Does Section 106 of the National Historic Preservation Act duplicate Section 4(f)? |
Who makes the Section 4(f) decision for highway projects?The FHWA Division Office or Federal Lands Division Office is responsible for making most decisions related to Section 4(f) compliance at the project level after consulting with the appropriate officials with jurisdiction (note: some states have assumed responsibility for Section 4(f) compliance per 23 USC 326 and 327). These decisions include whether Section 4(f) applies to a property, whether a use will occur, whether a de minimis impact determination may be made, assessment of each alternative's impacts to Section 4(f) properties, and determining whether the law allows the selection of a particular alternative. In the cases where it appears that there will be a constructive use, the FHWA Division Office may only make a Section 4(f) decision with prior concurrence from FHWA Headquarters. |