- Guidance on Section 4(f) Exception for Federal Lands Transportation Facilities, Federal Highway Administration (Nov. 20, 2012). This document provides guidance on an exception from Section 4(f) approval for federal lands transportation facilities provided under the federal transportation legislation Moving Ahead for Progress in the 21st Century (MAP-21). MAP-21 broadened the previous exception – which applied only to park roads or parkways – to include facilities owned and maintained by the National Park Service, U.S. Fish and Wildlife Service, USDA Forest Service, U.S. Army Corps of Engineers, or the Bureau of Land Management.
- Section 4(f) Policy Paper, Federal Highway Administration (Revised July 20, 2012). This policy paper, which was originally released in 1987, has been revised to incorporate changes under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) and FHWA’s 2008 Section 4(f) final rule. The document provides an overview of the Section 4(f) regulations, including changes related to de minimis impact determinations, feasible and prudent avoidance alternatives, and alternatives with least overall harm. The policy paper also features questions and answers regarding Section 4(f) applicability and compliance.
- A Five Minute Look at Section 4(f), FHWA
- FHWA’s Environmental Review Toolkit – Click on Section 4(f).
- FHWA’s Environmental Guidebook, Section 4(f) page.
- FHWA’s Re:NEPA Community of Practice, Section 4(f) Topic – pose questions and receive advice from peers and experts in the field.
- Federal Transit Administration’s Section 4(f) Overview.
- Section 4(f) De Minimis Guidance –– FHWA Memo and Question and Answer Guidance, December 13, 2005.
- Applying the Section 4(f) exemption for the Interstate Highway System –- FHWA Memo and Question and Answer Guidance, Jan. 13, 2006.
- FHWA Technical Advisory – Guidance for Preparing and Processing Environmental and Section 4(f) documents – October 30, 1987.
- Handbook on Departmental Review of Section 4(f) Evaluations - Revised October 2003 - Department of the Interior, National Park Service, U.S. Fish and Wildlife Service, Office of Environmental Policy and Compliance.
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Checklists and Sample Outlines
Programmatic Section 4(f)
- Ohio – This is a link to the Nation’s first 4(f) Programmatic Agreement. Section 4(f) Programmatic Agreements are allowed for under the Section 4(f) law and can help to streamline the transportation development process.
- North Dakota Programmatic 4(f). This programmatic agreement between North Dakota Department of Transportation, FHWA, and the U.S. Fish and Wildlife Service allows for minor wetland and/or grassland easements in areas adjacent to Section 4(f) Resources. The programmatic agreement provides that with written concurrence from the referenced agencies minor impacts to easement wetlands and grasslands may occur to avoid greater impacts to non-easement wetlands if the Section 4(f) property is avoided.
- Pennsylvania DOT Programmatic Section 4(f) Checklists –These checklists streamline the Section 4(f) process for PennDOT by providing programmatic checklists for minor impacts to bridges, historic sites, and parks. There are also checklists for de minimis use, Net Benefit, and temporary use.
Individual Section 4(f) Evaluations
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Case Law Summaries and Information
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