Section 4(f)
Section 4(f) requirements stipulate that FHWA and other DOT agencies cannot approve the use of land from publicly owned parks, recreational areas, wildlife and waterfowl refuges, or public and private historical sites unless the following conditions apply:
There is no feasible and prudent avoidance alternative to the use of land; and the action includes all possibleplanning to minimize harm to the property resulting from such use;
OR
The Administration determines that the use of the property will have a de minimis impact.
Additional information related to Section 4(f) can be found in the Section 4(f) Policy Paper or the Section 4(f) Tutorial.
Section 4(f) Guidance and Legislation Documents
Below is a list of important guidance, laws, and regulations pertaining to Section 4(f).
Section 4(f) Tutorial
Section 4(f) refers to the original section within the U.S. Department of Transportation Act of 1966 which provided for consideration of park and recreation lands, wildlife and waterfowl refuges, and historic sites during transportation project development. This tutorial is designed to help transportation professionals and other interested individuals understand the fundamental requirements of Section 4(f).
LAWS AND REGULATIONS
| Subject/Title |
Resource URL |
| 49 U.S.C. §303 – Policy on lands, wildlife and waterfowl refuges, and historic sites |
49 U.S.C. 303 |
| 23 U.S.C. §138 – Preservation of Parkland |
23 U.S.C. 138 |
| Technical Correction to Final Rule on Section 4(f) |
Final Rule |
| Final Rule on Section 4(f) |
Final Rule |
| 23 CFR Part 774 – Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Historic Sites |
23 CFR 774 |
| Environmental Impact and Related Procedures |
Final Rule |
GUIDANCE
| Subject/Title |
Resource URL |
| Section 4(f) Policy Paper |
Policy Paper |
| Questions and Answers: FAST Act Applicability Related to Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Historic Sites |
Q&A |
| Guidance on Section 4(f) Exception for Federal Lands Transportation Facilities |
Guidance |
| Section 4(f) at a Glance |
FAQs |
| Successes in Stewardship Newsletter - Section 4(f) Final Rule: New Guidance on a Complex Regulation |
Newsletter |
Nationwide Section 4(f) Programmatic Evaluations
Programmatic Section 4(f) evaluations can be used in place of individual evaluations for highway projects where uses are considered minor. To date, there are five programmatic evaluations that have been approved for use nationwide:
SAFETEA-LU Section 6009 Implementation Study
This document, Phase I Report – February 2010 (Phase I), presents findings from the first of two study phases to assess the implementation of Section 6009 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), commonly referred to as Section 4(f).
