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5 Section 4(f) and 6(f) Discussion

5.1 Introduction

This chapter discusses potential uses of Section 4(f) properties, and potential impacts on Section 

6(f) properties. Section 4(f) refers to Section 4(f) of the USDOT Act of 1966, as amended (49 USC 

Section 303), and Section 6(f) applies to parkland and recreation facilities that have used funds 

authorized under Section 6(f) of the LWCF Act. This section summarizes Section 4(f) and Section 

6(f) considerations at a conceptual level appropriate for this Tier 1/Program analysis. 

A Tier 1/Program EIS/EIR does not have the level of detail available that is necessary to make final 

approvals on uses of protected Section 4(f) or 6(f) resources. No preliminary Section 4(f) 

determination is being made at this time. Instead, any necessary Section 4(f) evaluations and 

approvals would be completed during the Tier 2/Project-level analysis. Although a Section 4(f) 

approval is not required for this Tier 1/Program EIS/EIR, potential impacts on Section 4(f) and 

Section 6(f) properties have been identified and assessed to inform the decisions made at the Tier 

1/Program EIS/EIR level and to identify Section 4(f) and Section 6(f) resources that would be subject 

to further discussion in subsequent Tier 2/Project-level analysis. 

5.2 Regulatory Framework

In accordance with NEPA (42 USC Section 4321 et seq.), CEQ regulations implementing NEPA 

(40 CFR Parts 1501-1508); FRA’s Procedures for Considering Environmental Impacts (64 FR 

28545, May 26, 1999); and CEQA, FRA identified potential Section 4(f) and Section 6(f) resources 

within the Tier 1/Program EIS/EIR Study Area and analyzed the potential impacts on those 

resources as a result of implementing the Build Alternative Options at the Tier 1/Program EIS/EIR 

level.

5.2.1 Federal

Section 4(f) of the United States Department of Transportation Act of 1966

Section 4(f) of the USDOT Act of 1966 (49 USC Section 303) is intended to protect public parks,

recreation areas, wildlife/waterfowl refuges, and historic sites of national, state, or local significance 

from being used for transportation projects. Protected properties must be of national, state, or local 

significance, as determined by the federal, state, or local officials having jurisdiction over the

resource. A use occurs when land is permanently incorporated into a transportation facility; when 
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temporary occupancy (e.g., during construction) compromises the land in terms of the statute's 

preservation purpose; or when the proximity impacts of the project are so severe that they 

substantially impair the protected activities, features, or attributes that qualify the property for Section 

4(f) protection. 

Specifically, Section 4(f) states that the Secretary of Transportation may approve the use of publicly 

owned land or a publicly owned park, recreation area, wildlife and waterfowl refuge of national, state, 

or local significance, or land of a historic site of national, state, or local significance, only if a 

determination is made that:

a. There is no feasible and prudent alternative to the use of the land from the property; 

b. The action includes all possible planning to minimize harm to the property resulting from 

such use; or, 

c. The use of Section 4(f) property would have a de minimis impact on the property.

A de minimis impact for historic sites means that, as determined in accordance with 36 CFR Part 

800, no historic property is affected by the project or the project would have no adverse effect on the 

historic property in question. For parks, recreation areas, and wildlife and waterfowl refuges, a de 

minimis impact is one that would not adversely affect the features, attributes, or activities qualifying 

the property for protection under Section 4(f).

Section 6(f) of the Land and Water Conservation Fund Act of 1965

Section 6(f) lands are defined as parkland or recreation land that was acquired or developed with 

funding authorized under Section 6(f) of the LWCF Act of 1965 (Public Law 88-578). The purpose of 

the LWCF is to assist with preserving, developing, and providing accessibility to outdoor recreation 

resources and strengthen the health and vitality of the citizens of the U.S. by funding, planning, 

acquiring, and developing facilities. Recreational facilities awarded such funds are subject to the 

provisions of the act. The LWCF’s most important tool for supporting long-term stewardship is its 

conversion protection requirement. Section 6(f)(3) strongly discourages conversions of state and 

local park and recreation facilities to other uses.

Section 6(f)(3) of the LWCF Act states that no property acquired or developed with LWCF assistance 

would be converted to uses other than public outdoor recreation uses without the approval of the 

Secretary of the Interior, and only if the secretary finds it to be in accord with the statewide 

comprehensive outdoor recreation plan, and only upon such conditions as the secretary deems 

necessary to ensure the substitution of other recreation properties of at least equal fair market value 

and of reasonably equivalent usefulness and location (36 CFR Part 59).
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Section 106 of the National Historic Preservation Act of 1966

Section 106 of the NHPA is an independent statute from Section 4(f); however, historic properties 

identified through the Section 106 consultation may be eligible for protection under Section 4(f). The 

Section 106 process is the method by which a historic property’s significance is determined through 

consultation with the SHPO and other consulting parties. Section 106 also requires consideration of 

a project’s effects on historic properties.

5.3 Methodology

This conceptual-level discussion was prepared using a desktop review of the data sources. The Tier 

1/Program EIS/EIR Study Area was combined with GIS overlays to identify Section 4(f)/6(f) 

properties that could be affected by the Program. These potential resources were identified on a 

broad scale, using available mapping information. A detailed description of the Tier 1/Program 

EIS/EIR Study Area is provided in Section 3.1, Introduction to Environmental Analysis, of this Tier 

1/Program EIS/EIR.

5.3.1 Data Sources

This Section 4(f) and 6(f) resource assessment is based on information from the California Protected 

Areas Database (2017), a California Historical Resources Information System search, and ESRI GIS 

data. Given that no construction would occur within the Western Section, historic site data was not 

obtained for the Western Section. Site boundaries for historic architectural/built environment 

resources in the Eastern Section that are eligible for listing on the NRHP or local designation are not 

available in GIS; acreage for those site types would be calculated during the Tier 2/Project-level 

analysis. Listed, eligible, or potentially eligible NRHP historic properties for the Program Corridor are

based on a preliminary survey of existing cultural documentation, as described in Section 3.13, 

Cultural Resources, of this Tier 1/Program EIS/EIR. During future Tier 2/Project-level analysis, 

additional properties may be identified and considered in a subsequent Section 106 consultation and 

Section 4(f) evaluation. Information from the following related sources, identified in Table 5-1, was 

also used. 
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Table 5-1. Related Resource Inputs for Section 4(f)/6(f) Resource Assessment

Resource Input for Section 4(f) Resource Assessment

Land Use and Planning

(Section 3.2)

Land uses for areas where a conversion may occur were reviewed.

Noise and Vibration

(Section 3.6)

Areas where noise and vibration thresholds may be exceeded that could cause a 

potential constructive Section 4(f) use were reviewed.

Cultural Resources

(Section 3.13)

Cultural resources assessment for NRHP-eligible historic properties that could be 

Section 4(f) resources were reviewed.

a

Parklands and Community 

Services

(Section 3.14)

Parklands that could be Section 4(f)/6(f) resources were reviewed.

Notes:

a This discussion does not include a Section 4(f) analysis of archaeological resources; however, an evaluation of 

archeological resources would be conducted at the Tier 2/Project-level analysis.

NRHP=National Register of Historic Places

5.4 Affected Environment

5.4.1 Section 4(f)/6(f) Properties 

Section 4(f) of the USDOT Act of 1966 protects parks, recreation areas, and refuges that meet the

criteria summarized in Table 5-2.

Table 5-2. Section 4(f) Criteria

Criteria Criteria Summary

Publicly owned Public ownership, in relation to protected parks, recreation areas, and refuges, refers to 

ownership by a local, state, or federal government agency. There are three types of public 

ownership:

• Fee simple ownership: The land is solely owned by a government entity for park, 

recreation, or refuge purposes.

• Permanent easement for Section 4(f) purposes: The land is not necessarily 

owned by a government agency; however, the agency possesses an easement for 

Section 4(f) activities. 

• Lease agreement for Section 4(f) purposes: Similar to a public easement but with 

a lease agreement typically intended to be long term. 
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Criteria Criteria Summary

Open to the public A property that is open to the public is one where access is permitted to the entire public 

during normal hours of operation. A property would not be considered open to the public if 

access was permitted only to select groups. Wildlife and waterfowl refuges are an exception 

to this rule, as they may restrict public access either to sensitive areas or during certain 

times of the year for the protection of refuge habitat and/or species. Therefore, a publicly 

owned refuge would not have to provide unrestricted access to the public to be considered 

a Section 4(f) property.

Purposed primarily 

for park, recreation, 

or refuge activities

The major purpose is related to the property’s primary function and how it is intended to be 

managed. Parks and recreation areas typically offer a wide range of activities, such as 

walking, hiking, or camping, as well as organized sports like soccer, softball, or tennis. 

Parks can also be fairly passive in nature and may be designated open space without a 

specified recreational purpose. Refuges refer to properties that are formally part of the 

National Wildlife Refuge System or other publicly owned land (including waters), where the 

major purpose of such land is the conservation, restoration, or management of endangered 

species, their habitat, and other wildlife and waterfowl resources and their habitat.

Parks, recreation 

areas, and refuges 

must be significant

The term “significant” means that in comparing the availability and function of the park, 

recreation area, or refuge with the park, recreation, or refuge objectives of the agency, 

community, or authority, the property in question plays an important role in meeting those 

objectives at the national, state, or local level, except for certain multiple-use land holdings. 

Significance determinations are applicable to the entire property, not just to the portion of 

the property proposed for use by a project. A determination of significance is made in 

coordination with the official with jurisdiction, which is most commonly the agency that owns 

the property. Properties would be presumed significant in the absence of a determination by 

the official with jurisdiction. All determinations of significance are ultimately made by the 

federal lead agency. 

Potential Section 4(f) properties within the Program Corridor (including parks, recreation areas, 

wildlife or waterfowl refuges, and historic sites) and Section 6(f) parks funded through LWCF grants 

are listed in Table 5-3 and depicted on Figure 5-1.

Table 5-3. Potential Section 4(f) and Section 6(f) Properties within the Program Corridor

Resource Type Western Section Eastern Section

State or regional park • Yorba Regional Parkb

• Featherly Regional Park

• Chino Hills State Park

• None
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Resource Type Western Section Eastern Section

Local park or traila • Los Angeles River

• San Gabriel River and Bike Trail

• John Zimmerman Park 

• Neff Parkb

• Pacific Drive Park

• Adlena Parkb

• Pooch Park

• Independence Park

• Amerige Park

• Plaza Park

• Lemon Park

• Truslow Park

• Chapman Park

• Santa Fe Park

• Parque de Los Ninosb

• Woodgate Park

• Santa Ana River Trail

• East Side Community Parkb

• Vista Lampara Park

• Las Brisas Park

• Brush Canyon Park

• Fresno Canyon

• Butterfield Park

• Contreras Park

• City Park

• Don Derr Park

• Villegas Parka

• Shamel Park

• Colony Park

• Elmer Digneo Park

• Baseball Field Park

• Lillian V. Miller Memorial Trail

• Bryn Mawr Veterans Memorial 

Park

• Leonard Bailey Park

• San Timoteo Canyon Park

• Pacific Crest Trail

• Shadow Hill Community Park

• Rangel Park

• Veterans Park

• Carpenter Hamilton Park

• Freedom Park

• Yucca Park

• Miles Avenue Park

• Doug York Plaza

• South Jackson Park and Davis 

Sports Complex

• Veterans Park

• Dateland Park
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Resource Type Western Section Eastern Section

• Lincoln Park

• North Park

• Hunter Park

• North Street Mini Park West

• North Street Mini Park East

School recreation facilities • Pioneer High School

• Los Nietos Middle School

• None

National monument • El Pueblo de Los Angeles 

Historic Monument

• Santa Rosa San Jacinto 

Mountains National Monument

Wildlife refuge • None • Whitewater Floodplain Reserve

• Coachella Valley National 

Wildlife Refuge

Historic sitesc • 6 NRHP-listed propertiesd • 1 NRHP-listed property

• 36–41 potentially NRHP-eligible 

properties 

Notes:

a This does not include planned parks.

b This park was developed with LWCF assistance.

c Listed, eligible, or potentially eligible NRHP historic properties for the Program Corridor are based on a preliminary 

survey of existing cultural documentation for the Eastern Section. During future Tier 2/Project-level analysis, 

additional properties may be identified and considered in a subsequent Section 106 consultation and Section 4(f) 

evaluation.

d Historic site data was not obtained for the Western Section per discussion in Section 5.3.

LWCF=Land and Water Conservation Fund; NRHP=National Register of Historic Places

Build Alternative Option 1 (Coachella Terminus)

The total number of acres of potential Section 4(f) and Section 6(f) properties within Build Alternative 

Option 1 is presented by resource type in Table 5-4. Please refer to Section 3.13, Cultural 

Resources, of this Tier 1/Program EIS/EIR for additional information on cultural resources present 

within the Program Corridor and Section 3.14, Parklands and Community Services, of this Tier 

1/Program EIS/EIR for additional information on parks present within the Program Corridor. 
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Table 5-4. Section 4(f)/6(f) Properties by Type (Build Alternative Option 1)

Property Type

Western 

Section 

(acres)

Western 

Section 

(Total number 

of properties)

Eastern 

Section 

(acres)

Eastern 

Section 

(Total number 

of properties)

State or regional park 449.4 3 — —

Local park or trail 205.3 33 285.7 19

School recreation facilitiesa 21.9 2 — 0

National monument 1.4 1 442.7 1

Wildlife refuge — — 232.7 2

Historic sitesb Undetermined 6 NRHP listed 

properties

Undetermined 1 NRHP listed 

property; 41 

potentially 

eligible NRHP 

properties

LWCF grantsc 116.7 6 52.4 6

Notes:

a This includes public schools with recreation facilities evident through aerial imagery.

b Historic site data was not obtained for the Western Section, per discussion in Section 5.3.

c Acreage for recreation areas funded through LWCF grants is also included under state or regional park, as well as 

local park or trail. 

LWCF=Land and Water Conservation Fund; NRHP=National Register of Historic Places
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Figure 5-1. Section 4(f)/6(f) Resources within the Tier 1/Program EIS/EIR Study Area

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Figure 5-1. Section 4(f)/6(f) Resources within the Tier 1/Program EIS/EIR Study Area

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Figure 5-1 Section 4(f)/6(f) Resources within the Tier 1/Program EIS/EIR Study Area

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Figure 5-1. Section 4(f)/6(f) Resources within the Tier 1/Program EIS/EIR Study Area

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Figure 5-1. Section 4(f)/6(f) Resources within the Tier 1/Program EIS/EIR Study Area

(Page 5 of 6)
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Figure 5-1. Section 4(f)/6(f) Resources within the Tier 1/Program EIS/EIR Study Area

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Build Alternative Option 2 (Indio Terminus)

The total number of acres of potential Section 4(f) and Section 6(f) properties within Build Alternative 

Option 2 is presented by resource type in Table 5-5. Please refer to Section 3.13, Cultural 

Resources, of this Tier 1/Program EIS/EIR for additional information on cultural resources present 

within the Program Corridor and Section 3.14, Parklands and Community Services, of this Tier 

1/Program EIS/EIR for additional information on parks present within the Program Corridor. 

Table 5-5. Section 4(f)/6(f) Properties by Type (Build Alternative Options 2 and 3)

Property Type

Western 

Section 

(acres)

Western 

Section 

(Total number 

of properties)

Eastern 

Section 

(acres)

Eastern 

Section 

(Total number 

of properties)

State or regional park 449.4 3 — —

Local park or trail 205.3 33 280.2 18

School recreation facilitiesa 21.9 2 — 0

National monument 1.4 1 442.7 1

Wildlife refuge — — 232.7 2

Historic sitesb Undetermined 6 NRHP listed 

properties

Undetermined 1 NRHP listed 

property; 41 

potentially 

eligible NRHP 

properties

LWCF grantsc 116.7 6 50.9 5

Notes:

a This includes public schools with recreation facilities evident through aerial imagery.

b Historic site data was not obtained for the Western Section per discussion in Section 5.3.

c Acreage for recreation areas funded through LWCF grants is also included under state or regional park, as well as 

local park or trail. 

LWCF=Land and Water Conservation Fund; NRHP=National Register of Historic Places

Build Alternative Option 3 (Indio Terminus with Limited Third Track)

Existing information for Section 4(f)/6(f) properties within Build Alternative Option 3 are the same as 

Build Alternative Option 2. 
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5.5 Potential Impacts on Section 4(f)/6(f) Resources 

5.5.1 No Build Alternative

The No Build Alternative, as described in Chapter 2, Program Alternatives, of this Tier 1/Program 

EIS/EIR, is used as the baseline for comparison. The No Build Alternative would not implement the 

Program associated with this service-level evaluation and would not meet the Purpose and Need of 

the Program. Several existing and committed transportation improvement projects would still occur 

in the Program Corridor under the No Build Alternative. However, because no physical changes 

associated with the Program would occur within the Program Corridor, no use of Section 4(f) or 6(f) 

properties are anticipated under the No Build Alternative. 

5.5.2 Build Alternative Options 1, 2, and 3

The use of a protected Section 4(f) property, as defined in 23 CFR Part 774.17, occurs when any of 

the conditions, discussed in Table 5-6, are met.

Table 5-6. Use of Section 4(f) Resource Summary 

Use Type Use Summary

Permanent/ direct use A permanent use of a Section 4(f) property occurs when the property is permanently 

incorporated into a proposed transportation facility. This use may occur as a result of 

partial or full acquisition or a permanent easement allowing permanent access onto the

property for maintenance or other transportation-related purposes.

Constructive use A constructive use of a Section 4(f) property occurs when a transportation project does 

not permanently incorporate land from the resource; however, the project’s proximity

results in impacts so severe that the protected activities, features, or attributes that 

qualify the property for protection under Section 4(f) are substantially impaired. 

Substantial impairment occurs only if the protected activities, features, or attributes of 

the resource are substantially diminished.

Temporary occupancy A temporary use of a Section 4(f) property results when the Section 4(f) property is 

required for project construction-related activities, the property is not permanently 

incorporated into a transportation facility, and the activity is considered adverse by the 

agency with jurisdiction in terms of the preservation purpose of Section 4(f).

A conversion of a Section 6(f)-protected property occurs when the property is converted to anything 

other than outdoor recreation. A conversion of use must be in accordance with an existing statewide 

outdoor recreation plan and must be approved by the U.S. Department of the Interior. If a conversion 

occurs, the land must be replaced with a property of equivalent value and usefulness. The only type 
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of use recognized by Section 6(f) is a permanent incorporation. Constructive use or adverse impacts 

are not considered under Section 6(f), and temporary occupancy during construction is not 

considered a conversion if the property is restored to its original condition after construction. 

Typically, an incorporation of Section 6(f) property for project purposes would be considered a 

conversion or change in use; however, if the incorporation is necessary as part of a project that 

would directly enhance the recreational use of the Section 6(f) property, such as improving access 

for visitors or emergency personnel, then the incorporation of land may not require a conversion 

because the incorporation would not change or diminish the recreational use of the Section 6(f) 

property.

Construction

Western Section. The Build Alternative Options would not require construction of additional rail or 

station infrastructure in the Western Section because the existing railroad infrastructure and stations 

from LAUS to Colton would be used. Therefore, no potential use of Section 4(f)/6(f) properties is 

anticipated. When compared with the No Build Alternative, effects related to Section 4(f) property 

use and Section 6(f) conversion would be negligible because no additional construction activities are 

planned within the Western Section under Build Alternative Options 1, 2, and 3.

Eastern Section. As summarized in Table 5-4, there are at least 64 Section 4(f) properties within the 

Eastern Section of Build Alternative Option 1, including 19 parks or recreational properties and 

42 historic resources. Of these 64 Section 4(f) properties within Build Alternative Option 1, 

6 properties are also considered Section 6(f) properties. As summarized in Table 5-5, there are at 

least 62 Section 4(f) properties within Build Alternative Option 2 and Build Alternative Option 

3, including 17 parks or recreational properties and 42 historic resources. Of these 62 Section 4(f) 

properties within Build Alternative Option 2 and Build Alternative Option 3, 5 properties are also 

considered Section 6(f) properties.

Use of Section 4(f) properties and conversion of Section 6(f) properties would vary depending on the 

future rail infrastructure improvements or station locations within the Eastern Section of the selected 

Build Alternative Option. Construction activities that have the potential to affect parks, recreation 

areas, wildlife or waterfowl refuges, and historic sites includes the construction of rail infrastructure 

improvements and station facilities within the Eastern Section under Build Alternative Options 

1, 2, and 3. Potential ROW acquisitions for rail infrastructure improvements (such as sidings, 

additional main line track, wayside signals, drainage, and grade-separation structures) and station 

facilities to accommodate the enhanced passenger rail service may be required. This would result in 

the incorporation of land into a transportation use. 
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Locations where new station facilities would be constructed would avoid the use of Section 4(f) 

properties or conversion of Section 6(f) properties, to the extent feasible. However, if Section 4(f)/6(f)

properties cannot be avoided, impacts on Section 4(f)/6(f) properties would be minimized and 

mitigated through measures developed during Tier 2/Project-level analysis.

Operation

Western Section. During operation, passenger train frequencies proposed within the Western 

Section of the Program Corridor would consist of the addition of two daily, round-trip intercity 

diesel-powered passenger trains. Operational activities are anticipated to be limited to maintenance 

of culverts, bridges, embankments, and station areas. Therefore, no potential use of Section 4(f) 

properties or conversion of Section 6(f) properties is anticipated. When compared with the No Build 

Alternative, effects related to Section 4(f) property use and Section 6(f) conversion would be 

negligible because the type of operational activities are anticipated to remain as existing conditions 

within the Western Section under Build Alternative Options 1, 2, and 3.

Eastern Section. Operational activities within the Eastern Section could result in permanent access 

restrictions, visual effects, or noise and vibration effects on Section 4(f)/6(f) properties that are in the 

proximity of the Build Alternative Options. Potential site-specific mitigation measures would be 

identified during Tier 2/Project-level analysis and would be implemented when avoidance and 

minimization of impacts are not prudent or feasible.

5.6 Avoidance, Minimization, and Mitigation Strategies 

If a Section 4(f) evaluation is required to approve the implementation of the Build Alternative 

Options, alternatives that completely avoid Section 4(f) and Section 6(f) resources would be 

developed and evaluated prior to approval. To the extent that resources cannot be avoided, 

measures to minimize and mitigate impacts would be considered and implemented based on 

site-specific information available in a Tier 2/Project-level analysis.