A new resource to assist transportation agencies in complying with Section 4(f) of the Department of Transportation Act is now available from the Center for Environmental Excellence by AASHTO.  Practitioner’s Handbook #11: Complying with Section 4(f) of the U.S. DOT Act, is intended to help practitioners take advantage of the flexibility afforded by the recent changes to Section 4(f), while ensuring that all requirements are met. It addresses the full range of Section 4(f) compliance options, including individual Section 4(f) evaluations, de minimis impact determinations, and programmatic evaluations. For more information, link to Handbook #11 on the Practitioner’s Handbooks page. (7-27-09)

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The Federal Highway Administration has added new information on Section 4(f) of the Department of Transportation Act to its Environmental Review Toolkit website. The new “Section 4(f) at a Glance” topic area provides an overview of Section 4(f) requirements and includes links to the Section 4(f) policy paper, programmatic evaluations, and guidance and legislation. For more information, link to Section 4(f) at a Glance. (5-5-09)

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The U.S. Department of Transportation needs to address limitations in the methodology used in Phase I of its analysis of implementation of amendments to Section 4(f) of the Department of Transportation Act, according to a letter report from the committee charged with reviewing the study. The amendments were enacted under Section 6009 of SAFETEA-LU, which also mandated the DOT implementation study and review of the methodology. Phase I of the study focuses on examining how the de minimis impact provision has been applied to transportation projects since it was enacted in August 2005. Phase II, which is to be completed no later than March 1, 2010, will further evaluate the de minimis impact provision and application of new prudent and feasible standards. The review panel, convened under the auspices of the Transportation Research Board, raised concerns over the methodology DOT used in Phase I as well as the planned methodology for Phase II of the study. For more information, link to the letter report and additional information available on the TRB project website. (4-7-09)

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The U.S. Department of Transportation has issued a draft report documenting Phase I of its review of implementation of amendments to Section 4(f) of the Department of Transportation Act. The Phase I report on the implementation of Section 6009 of SAFETEA-LU, presents findings from the first of two planned study phases that aim to assess the Section 6009 amendments. Phase I focuses on examining how the de minimis impact provision has been applied to transportation projects across the nation since it was enacted in August 2005. It also presents a review of the process that U.S. DOT used in adopting regulations to clarify the factors to consider and standards to apply for determining the “prudence and feasibility” of alternatives to avoid the use of a Section 4(f) property. Based a review of selected projects and interviews with stakeholders, the draft Phase I report concludes that “the de minimis impact provision has generally streamlined the Section 4(f) process for projects that have a minor impact on Section 4(f) properties, while maintaining protection of those important resources.”  Phase II of the study, to be completed no later than March 1, 2010, will further evaluate the de minimis impact provision and application of new prudent and feasible standards. The study is being reviewed by an independent panel under the auspices of the Transportation Research Board. Additional information is available on the TRB project website.

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