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)?The NHPA and Section 4(f) are separate laws with very different requirements; however, there is some overlap when historic properties are involved. A key difference between the two laws is that Section 106 is essentially a consultative procedural requirement. In contrast, Section 4(f), which is a substantive law, precludes project approval if there is a use of a historic site when a prudent and feasible avoidance alternative is available. It should be noted that an adverse effect finding under Section 106 and a Section 4(f) "use" are not the same. You will find more discussion on this point in the Related Statutes section. |
Who makes the Section 4(f) decision for highway projects? |