U.S DOT Section 4(f) Toolkit
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U.S DOT Section 4(f) Toolkit

Section 4(f) of the U.S. Department of Transportation Act (U.S. DOT ACT) protects publicly owned and accessible parks, recreation areas, and wildlife and waterfowl refuges and historic sites, regardless of ownership and accessibility. Local governments, consultants, and TxDOT staff use these tools to address the requirements of the FHWA regulations promulgated in Code of Federal Regulations (CFR) as Title 23 Part 774.

Exceptions

Title Date Description
Brochure - Section 4(f) Exceptions for Public Parks, Recreation Lands, Wildlife & Waterfowl Refuges, and Historic Sites (23 CFR 774.13) 01/21 Provides guidance and information related to the 4(f) Exceptions and examples to assist staff in determining the appropriate exception to apply to a project.
Checklist for Section 4(f) Exceptions for Public Parks, Recreation Land, Wildlife & Waterfowl Refuges, and Historic Sites 01/20 Used to streamline the Section 4(f) Exception Process and ensure that all necessary information is documented in the project file
Letter Template: Notification of Intent to Pursue an Exception for Temporary Occupancy 12/19 Used by project sponsors to prepare a letter notifying the State Historic Preservation Officer (SHPO) or the OWJ of the intent to pursue an exception for temporary occupancy
Letter Template: Notification of Intent to Pursue an Exception for Trails, Bikeways, etc. 01/21 Used by project sponsors to prepare a letter notifying the OWJ of the intent to pursue an exception for trails, paths, bikeways and sidewalks
Letter Template: Notification of Intent to Pursue an Exception for Transportation Enhancement Activities, Transportation Alternatives Projects, and Mitigation Activities 12/19 Used by project sponsors to prepare a letter notifying the OWJ of the intent to pursue an exception for transportation enhancement activities, transportation alternatives projects, and mitigation activities

De minimis determinations

Title Date Description
Brochure – Section 4(f) De Minimis for Public Parks, Recreation Lands, Wildlife & Waterfowl Refuges, and Historic Sites (23 CFR 774.3) 01/21 Provides guidance and information related to the Section 4(f) de minimis process.
Checklist for Section 4(f) De Minimis for Public Parks, Recreation Lands, Wildlife & Waterfowl Refuges, and Historic Sites 01/20 Used to streamline the Section 4(f) De Minimis Process and ensure that all necessary information is documented in the project file
Letter Template for Request of Official with Jurisdiction's Concurrence on a Section 4(f) De Minimis Determination for a Park, Recreation Area or Refuge 05/23 This template is used to prepare a request for the Official with Jurisdiction’s concurrence on a Section 4(f) de minimis determination for a Park, Recreation Area, or Refuge
Template: Notice of Proposed Section 4(f) De Minimis Determination for Parks 06/24 This template should be used ONLY in the very unusual situation in which a Section 4(f) determination for a park, recreation area, or wildlife or waterfowl refuge is proposed and this separate notice is required because NO public meeting, opportunity for public hearing, or public hearing is being held.

Section 4(f) programmatic evaluations

Title Date Description
U.S. DOT Act Section 4(f) Programmatics Matrix 05/14 Illustrates the five different types of Section 4(f) Programmatic Agreements, their applicability, what alternatives if any need to be evaluated, and any public involvement requirements
FHWA Environmental Review Toolkit: Nationwide Section 4(f) Programmatic Evaluations   Provides FHWA guidance through five links that each go to a webpage dedicated to one of the five programmatics
Checklist for Section 4(f) Programmatic Evaluation of Historic Bridge Projects 01/20 Used to document all alternatives were fully evaluated and the project conforms to regulatory completeness as set forth by regulations prescribed by Section 4(f) of the U.S. DOT Act
Checklist for Programmatic Net Benefit (parks, recreation areas, refuges) 01/20 Used to document and make recommendations and determinations regarding compliance with Section 4(f) Programmatic Net Benefit (23 CFR 774.3(d))
Checklist for Section 4(f) Net Benefit for Historic Sites 12/19 Used to document and make recommendations and determinations regarding compliance with Section 4(f) Programmatic Net Benefit (23 CFR 774.3(d))

Individual evaluations

Title Date Description
Documentation Standard for an Individual Section 4(f) Evaluation 07/23 Used to prepare an individual Section 4(f) evaluation and the documentation recording the basis for determining the required Section 4(f) findings for FHWA projects that impact parks, recreation areas, wildlife and waterfowl refuges, and historic sites

Additional resources

Title   Description
FHWA Section 4(f) Policy Paper 07/12 Provides a primary resource, released by FHWA, of guidance for applying the requirements of 23 CFR 774 to transportation projects
AASHTO Practitioner’s Handbook: Complying with Section 4(f) of the U.S. DOT Act (Number 11)   Provides guidance, developed by American Association of State Highway and Transportation Officials (AASHTO), to assist practitioners with managing all aspects of compliance with Section 4(f)
Code of Federal Regulations, Title 23, Part 774: Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Historic Sites Section 4(f)   Codifies FHWA and Federal Transit Authority (FTA) regulations for complying with Section 4(f) of the U.S. DOT Act
FHWA Tech Advisory T 6640.8A: Guidance for Preparing and Processing Environmental and Section 4(f) Documents   Provides guidance, developed by FHWA, to FHWA field offices and project applicants concerning the preparation and processing of environmental and Section 4(f) documents