Back to SAFETEA-LU Section 6009 Implementation Study
Appendix A. Flowcharts of Section 4(f) Process and Section 4(f) De Minimis Impact Determination Process for Historic Properties, Parks, Recreation Areas, and Wildlife and Waterfowl Refuges
Section 4(f) Process
 
 
Section 4(f) De Minimis Impact Determination Process for Parks, Recreation Areas, and Wildlife and Waterfowl Refuges
    
        | A physical or constructiveuse of a Section 4(f) resource?
 | Constructive Use | → | Section 4(f) EvaluationRequired
 | 
    
        | Physical Take |  |  |  | 
    
        | ↓ 
 Include impact avoidance,minimization, and mitigation
 measures in consultation with
 the official(s) with jurisdiction.
 |  |  |  | 
     
     	|  |  | Impact avoidance, minimization, and mitigation orenhancement measures may be required to reduce
 adverse impacts to the de minimis level.
 The de minimis impact finding requires all possibleplanning to minimize harm and is performed in
 consultation with the official(s) with jurisdiction.
 | 
    
        | ↓ 
 Adverse effects on activities,features, and attributes of the
 Section 4(f) resource?
 |  |  |  | 
     
        | Yes | → | Section 4(f) EvaluationRequired
 | 
    
        | No
 |  |  |  | 
    
        | ↓ 
 Public notice and opportunity forreview and comment.
 |  |  |  | 
    
        |  |  | Public notice and opportunity for review andcomment is required through the NEPA or other
 public involvement process, at an appropriate stage
 of the determination process.
 | 
    
        | ↓ 
 Obtain written concurrence ofofficial(s) with jurisdiction.
 |  |  |  | 
    
        |  |  | The written concurrence of the official(s) withjurisdiction with the determination that there are no
 adverse effects to the activities, features, and
 attributes of the property is required.
 | 
    
        | ↓ 
 Document the de minimis impactfinding, mitigation, and other
 measures to minimize harm.
 | → |  | Section 4(f) Complete |