Companion Guide to Video August 2012

www.fhwa.dot.gov/federal-aidessentials

Local public agencies may encounter a variety of 

environmental laws, regulations, and other 

requirements on a Federal-aid project. These 

requirements address a project's effects on the 

natural and social environment, parks, recreation 

areas, wildlife and waterfowl refuges, and historic 

sites.

The natural environment involves such things as 

air and water quality, wetlands, wildlife or 

endangered species; while the social environment 

involves things that affect our quality of life, like 

the displacement of businesses or homes, 

particularly related to minority and low-income 

populations.

The National Environmental Policy Act, also 

known as NEPA, provides a framework for 

environmental analyses, reviews, and 

consultations. Because these various laws may 

influence project decisions, compliance with these 

laws should be achieved during the NEPA 

process. This is often referred to as “working 

under the NEPA umbrella.” 

While NEPA provides a coordinated environmental 

review process, the related environmental law 

specifies what project sponsors must do to comply 

with the law. These requirements can vary widely.

One important law that applies only to projects that 

require an approval action from the U.S. 

Department of Transportation is Section 4(f) of the 

1966 U.S. Department of Transportation Act. 

There are two types of properties that are eligible 

for Section 4(f) protection:

• Public parks, recreation areas, and wildlife 

and waterfowl refuges—when they are 

publically owned, are used by the public for 

park, recreation, or refuge purposes, and 

are significant or important properties

• Historic sites listed or eligible for listing on 

the National Register of Historic Places

Environment

Other Laws and Requirements

Section 4(f) of the USDOT Act of 1966

An overview of the Federal law dealing with protection of parks, 

recreation areas, wildlife and waterfowl refuges, and historic sites
Federal-aid Essentials for Local Public Agencies

If your project necessitates the use of a Section 

4(f) property, you must seek approval from the 

Federal Highway Administration (FHWA). This 

requirement applies even if the project sponsor 

owns the property. 

If your project is found to have minimal impact or 

“use” of Section 4(f) properties, FHWA can issue a 

Section 4(f) de minimis impact finding. This 

finding completes the Section 4(f) compliance 

process for the project.

However, if the use of Section 4(f) properties 

cannot be considered minimal, a more detailed 

evaluation of alternatives that avoid using the 

properties is required. This is necessary to 

determine whether avoidance of the Section 4(f) 

properties is feasible and prudent.

Let's look at the steps that must be 

taken when a project proposes to 

use land from a Section 4(f) 

property.

To begin, when it appears that a Federal-aid 

transportation project may require land from a 

Section 4(f) property, the “officials with jurisdiction” 

must be identified. The officials with jurisdiction 

are officials of the agency or agencies that own or 

administer the property and who are empowered 

to represent the agency on matters related to the 

property.

The property also needs to be verified as 

functioning as a public park, recreation area, or 

wildlife and waterfowl refuge. In most cases, this 

means that public access is not restricted during 

normal operating hours. 

For historic sites, you need to verify that it is listed 

or eligible for listing on the National Register of 

Historic Places. 

The second step is to determine if your project will 

actually use land from the property. Most often, 

"use" occurs if there is permanent incorporation of 

land from the property into a transportation facility. 

However, short-term uses – the temporary 

occupancy of the land during construction – may 

also be considered a Section 4(f) use of the land.

Lastly, you need to consider whether the use of the 

Section 4(f) property can be considered de minimis

by the FHWA or whether a more detailed 

evaluation of avoidance alternatives is required.

Now, let’s see how these actions 

look in practice by exploring two 

examples—one that seeks approval 

based on de minimis impacts and 

the other based on an evaluation of 

avoidance alternatives.
Federal-aid Essentials for Local Public Agencies

In our first example, a left turn lane will be added 

to an intersection. In order to build the turn lane, a 

strip of land needs to be taken from a city-owned 

park. 

The project team meets with the city park 

superintendant to identify ownership and examine 

how the property is being managed. The team 

confirms the park is a Section 4(f) property since it 

is publicly owned, open to the public, and clearly 

functions as an important resource for the 

community.

Next, the team determines that the project will 

actually use land from the park as it will convert 

the land it acquires from the park into 

transportation right-of-way. 

The project team then meets with the park 

superintendant to explore design changes and 

mitigation measures that will minimize impacts to 

the park. These discussions result in the project 

being redesigned to reduce the amount of right-ofway taken from the park and to add landscaping to 

the project. 

Following the opportunity for public review and 

comment on the project, the park superintendant 

agrees in writing that the impact to the park will be 

minimal and will not adversely affect the park. The 

project manager includes the superintendant's 

written concurrence to support his request for a 

Section 4(f) de minimis impact finding from FHWA.

In our second example, the proposed roadwaywidening project is adjacent to one of the oldest 

buildings in the city. 

The historic resource specialist on the project team 

investigates the old building and learns that it is 

currently listed on the National Register of Historic 

Places, making it a Section 4(f) property. 

In order to determine whether taking the land from 

the historic property will have an adverse effect on 

the property, the project team coordinates with the 

State Historic Preservation Officer, or SHPO. 

The team learns that taking the land will adversely 

affect the resource, meaning an evaluation of 

avoidance alternatives and all possible planning to 

minimize harm is required. The evaluation must 

study options to avoid use of the property. It will 

examine reducing the project’s footprint or shifting 

the project's alignment to determine if it is feasible 

and prudent to avoid impacting the historic 

property.

Your State department of 

transportation can help you navigate 

the requirements and develop 

approaches that adequately 

evaluate and address your project’s 

impact to Section 4(f) properties. 

Ultimately, FHWA is the final authority when it 

comes to decisions regarding Section 4(f) 

applicability and approvals.
Federal-aid Essentials for Local Public Agencies

The content of this 

document is not a 

substitute for 

information obtained 

from State departments 

of transportation, 

appropriate FHWA 

Division Offices, and 

applicable laws. 

Scenarios have been 

simplified for emphasis 

and do not necessarily 

reflect the actual range of 

requirements applicable 

to the scenario or this 

topic. This document

was created under 

contract number

DTFH61-11-D-00025 by 

the Federal Highway 

Administration, U.S. 

Department of 

Transportation, and is 

offered to the public to 

heighten and focus 

awareness of Federal-aid 

requirements within the 

local public agencies 

community and 

reinforces the 

importance of these 

necessary policies, 

procedures, and 

practices.

This companion resource 

is the script content for 

the video production of 

the same name. 

Web Resources

• FHWA’s Office of Planning, Environment & Realty provides links to specific 

environmental topics

http://www.fhwa.dot.gov/environment/index.htm

• FHWA information regarding Section 4(f) compliance for transportation 

projects

http://environment.fhwa.dot.gov/4f/index.asp

• Link to Section 4(f) interactive training

http://www.section4f.com/