Section 4(f) and 6(f) Training Class

Why Are You Here?  Pre-qualification requirement  Project management awareness  This class is designed for you!  Ask questions  Share experiences  Interact with peers Thanks for being here today! Section 4(f)/6(f) Training Class 2

Objectives  Understand when 4(f) and 6(f) apply  Understand the 4(f) and 6(f) determination levels  Understand the Section 4(f) Guidance and Section 6(f) Programmatic Agreement (PA)  Learn how to properly prepare and submit 4(f) and 6(f) documents  Learn how to properly record the decision-making process Section 4(f)/6(f) Training Class 3

Agenda  History/Background  4(f) Guidance  4(f) Definition and Terms  Identifying 4(f) Properties  Use Determinations  No 4(f), No Use, and Temporary No Use  de minimis  Programmatic & Individual Evaluations  Case Studies  Section 6(f)  6(f) PA Section 4(f)/6(f) Training Class 4

Introductions  Name  Company  4(f)/6(f) Experience  Class Expectations Section 4(f)/6(f) Training Class 5

History/Background

4(f) Legislation  Department of Transportation Act of 1966  United States Code (USC)  49 USC Section 1653(f)  23 USC Section  49 USC Section  23 USC Section  23 CFR  SAFETEA-LU  Section 4(f) Policy Paper – 2005/rev  23 CFR Section 4(f)/6(f) Training Class 7

Federal-Aid Highway Act of 1968  Amended to include 4(f) language: The Secretary shall not approve any project which requires the “ use” of land from a public park, recreation area, wildlife and waterfowl refuge, or historic site, unless: (1)There is no feasible and prudent alternative to the use of such land, and; (2) Such program includes all possible planning to minimize harm Section 4(f)/6(f) Training Class 8

Implications of 1968  Feasible and Prudent seen as subjective  Highway officials continue using public lands as a route of least resistance  No documentation requirements  Generally ignored… Section 4(f)/6(f) Training Class 9

Interstate Route 40  A six-lane highway proposed through Overton Park, in Memphis, TN  342-acre city park  Memphis Zoo, 9-hole golf course  Levitt Shell - Elvis was here! Section 4(f)/6(f) Training Class 10

Overton Park – Present Day Section 4(f)/6(f) Training Class 11

Legal Action  USDOT sued for not complying with feasible and prudent standard  US District Court, Court of Appeals, and Sixth Circuit ruled in favor of USDOT  Became a U.S. Supreme Court Case Citizens to Preserve Overton Park v. Volpe  On March 3, 1971, Supreme Court ruled in favor of the plaintiff's and ordered reconsideration of the proposed route Section 4(f)/6(f) Training Class 12

Time for Change  Congress changed the law in 2005  Improved consistency  Goal was better decisions Section 4(f)/6(f) Training Class 13

 Exempted Interstate from 4(f)  Section 6007  Established de minimis  Section 6009(a)  Clarified feasible and prudent  Section 6009(b) SAFETEA-LU (2005) Section 4(f)/6(f) Training Class 14

Feasible & Prudent  Feasible  Alternative constructed with sound engineering  Prudent  Evaluation of unusual factors or unique problems, such as cost, environmental impacts, social and economic impacts, or community disruption, that reach extraordinary magnitude Section 4(f)/6(f) Training Class 15

Proponents of Change “Are we dealing with the famous Overton Park...or are we dealing with an easily replaceable ball field in an area where a replacement can be located without detriment to the interests of the affected users? The result will be greater consistency in the application of the standard throughout the country.” Senator George Voinovich Section 4(f)/6(f) Training Class 16

 New regulations issued in March 2008  Clarified feasible and prudent  New method of compliance for de minimis Impact Determinations  Adopted standards for choosing alternatives that use 4(f) property  Current 4(f) Policy Paper includes guidance for changes made 23 CFR 774 Section 4(f)/6(f) Training Class 17

Application of the Law (a)Declaration of Policy: The Secretary shall not approve any project which requires the “use" of any significant 4(f) property unless: 1.There is no feasible and prudent alternative to the use of such land 2.Such project includes all possible planning to minimize harm resulting from such use (b) de minimis Section 4(f)/6(f) Training Class 18

Authority & Responsibility  4(f) applies to USDOT agencies  Federal approvals can trigger 4(f)  IMS, IJS, break in limited access, NHS  ODOT is responsible for determinations, evaluations, findings and compliance  ODOT-OES issues determinations Section 4(f)/6(f) Training Class 19

4(f) Guidance

Process  Applies to all levels of environmental classifications  Applies only to projects that receive federal funding through the USDOT  Defines coordination process with the Official with Jurisdiction (OWJ) and responsibilities regarding documentation and public involvement (PI)  Ensures regulations are properly met Section 4(f)/6(f) Training Class 21

4(f) Definition and Terms

Definition  Protects recreational and historic properties:  Publicly-owned Parks and Recreation Areas  Publicly-owned Wildlife and Waterfowl Refuges  Publicly- and privately-owned historic sites Section 4(f)/6(f) Training Class 23

Significance  Role a property plays based on recreation needs and/or community values  Historic sites must be listed or eligible for listing on the NRHP  Property is presumed significant unless OWJ concludes otherwise  23 CFR 774  ODOT-OES retains final decision in determining significance Section 4(f)/6(f) Training Class 24

Official with Jurisdiction  Agency that owns or administers a 4(f) property or is the designated representative on matters related to the property  Examples include, but not limited to: National Park Service Ohio Department of Natural Resources City Parks and Rec Department Metroparks School Superintendent Section 4(f)/6(f) Training Class 25

Official with Jurisdiction  The OWJ for historic sites is the State Historic Preservation Officer  The National Park Service (NPS) is also an OWJ for National Historic Landmarks (NHL) Section 4(f)/6(f) Training Class 26

Management Plan  Approved by the recognized OWJ  Designed to officially designate major purpose and/or function  ODOT-OES retains final decision on whether plan articulates activities, functions, and major purpose Section 4(f)/6(f) Training Class 27

Use Definitions  Land from a 4(f) property is permanently incorporated into a transportation facility  Temporary occupancy of 4(f) property that is adverse to the functions and activities  Constructive use Section 4(f)/6(f) Training Class 28

Constructive Use  Proximity impacts on a 4(f) property, without acquisition of land, are so great that its function is substantially impaired  Capability to perform vital function(s) and activities are diminished  Value of property in terms of its significance and enjoyment are substantially reduced or lost  Degree of impairment is determined through consultation with OWJ Section 4(f)/6(f) Training Class 29

Identifying 4(f) Properties

Parks & Recreation Areas 4(f) - (Policy Paper Question #1)  Publicly-owned and open to the public AND Officially designated and significant for park and/or recreation purposes  Incidental, secondary, occasional or dispersed activities do not constitute a primary purpose  Management plan may exist  Property may have multiple OWJs Section 4(f)/6(f) Training Class 31

Parks & Recreation Areas No 4(f)  Privately-owned  Open to a select group only  Gated or public housing communities  Military personnel and dependents  Students of a public school  Students, faculty and alumni of a public college or university Section 4(f)/6(f) Training Class 32

Wildlife & Waterfowl Refuges  For purposes of 4(f), properties that may function as refuges include:  Wildlife management areas, reserves, preserves, or sanctuaries  Waterfowl production areas permanently set aside in a form of public ownership for refuge purposes Includes wetlands and uplands  Review Management Plan, if available Section 4(f)/6(f) Training Class 33

Wildlife & Waterfowl Refuges 4(f)  Publicly-owned, officially designated as such, and significant  Primary purpose is conservation, restoration, or management of endangered species and habitat  Hunting, fishing, wildlife observation, and picnicking, do not conflict with primary purpose  Property may have multiple OWJs Section 4(f)/6(f) Training Class 34

Wildlife & Waterfowl Refuges No 4(f)  Privately-owned  Major purpose is non-4(f) activities POINT TO REMEMBER  “Open to the public” requirement applies exclusively to park and recreation areas  Public access does not determine 4(f)  Many allow public access - others may not during certain seasons  Review Management Plan, if available Section 4(f)/6(f) Training Class 35

Section 106 & 4(f)  Section 106 requires consideration of effects upon historic properties  Minimal Potential to Cause Effects (PA)  No Historic Properties Affected  No Adverse Effect  Adverse Effect  4(f) coordination required when historic properties are present within the Area of Potential Effect (APE)  Identify historic boundaries in relationship to direct impacts on a map Section 4(f)/6(f) Training Class 36

Section 106 & 4(f) Identify NRHP Listed or Eligible Properties Determine Effect No Historic Properties Affected No 4(f) Programmatic or Individual Evaluation NEPA Document Adverse Effect No Adverse Effect Exception, No Use or de minimis 37

Historic Sites 4(f) - (Policy Paper Question #2)  Listed or eligible for listing on the National Register of Historic Places (NRHP)  Public or private  Includes NHL’s Section 4(f)/6(f) Training Class 38

Historic Districts 4(f) - (Policy Paper Question #2B)  Listed or eligible for listing on the NRHP  Individually eligible properties within the district or listed properties that contribute to the eligibility of a district  Properties within the boundaries are assumed to contribute, unless otherwise stated or determined not to contribute as a result of Section 106 consultation Section 4(f)/6(f) Training Class 39

Archaeological Sites 4(f) - (Policy Paper Question #3)  Listed on or eligible for listing on the NRHP and determined to be important for preservation in place through consultation with SHPO  Includes sites discovered during construction No 4(f)  Only important for data recovery Section 4(f)/6(f) Training Class 40

Historic Bridges Possible outcomes include:  Rehabilitate Bridge  No Adverse Effect = (a)  Adverse Effect = Use  Demolish Bridge  Adverse Effect = Use  Donations (Re-Use)  Integrity maintained = No Use  Policy Paper Question #8 Section 4(f)/6(f) Training Class 41

Public Multiple-Use Land Holdings 4(f) - (Policy Paper Question #4)  Portion of land(s) designated by statute or identified in approved management plan  Primarily for park, recreation, or refuge and is significant for such purpose No 4(f)  Primary purpose is for non-4(f) activities Section 4(f)/6(f) Training Class 42

School Playgrounds Policy Paper Question #14  Defined as the area of school property developed and/or used for park or recreation purposes  Baseball Diamonds  Soccer Fields  Tennis Courts  Track and Field facilities  Jungle gyms or swing sets  4(f) applies to the playground area, not the entire school property Section 4(f)/6(f) Training Class 43

School Playgrounds 4(f)  Publicly-owned and open to the public AND Serves either organized or substantial “walk-on” recreation activities considered significant by the OWJ  Consult with the OWJ (Superintendent) Section 4(f)/6(f) Training Class 44

School Playgrounds No 4(f)  Privately-owned  Not open to the public  Only serves school functions/activities Section 4(f)/6(f) Training Class 45

Safe Routes to School (SRTS)  Same procedures as school playgrounds  If sidewalks constructed on or near areas deemed “playground”, consult with the OWJ (Superintendent) to determine recreational significance Section 4(f)/6(f) Training Class 46

Trails and Shared Use Paths 4(f) – (Policy Paper Question #15)  Publicly-owned  Designated for recreation  Consult with OWJ to determine primary purpose No 4(f)  Designated for transportation  Not considered significant for recreation Section 4(f)/6(f) Training Class 47

Golf Courses 4(f) – (Policy Paper Question #18)  Publicly-owned, operated and managed for the primary purpose of significant public recreation No 4(f)  Privately-owned  Even if open to the public Section 4(f)/6(f) Training Class 48

Golf Courses POINTS TO REMEMBER  4(f) may apply to publicly-owned courses that are managed and operated by a private entity based on lease agreement  Fees and tee times do not alter 4(f) requirements of public ownership, public access, and significant for recreation  Historic sites are not subject to public ownership and access requirements  Military properties are not subject to 4(f) Section 4(f)/6(f) Training Class 49

Museums, Aquariums & Zoos Policy Paper Question #19  Publicly-owned museums and aquariums are not considered parks, recreation areas, or wildlife and waterfowl refuges  4(f) applies if considered a significant historic site  Publicly-owned zoos are case-by-case  Review Management Plan, if available  4(f) applies if considered significant for recreation or is an historic site Section 4(f)/6(f) Training Class 50

Fairgrounds 4(f) – (Policy Paper Question #20)  Opened to the public  Primary function is for recreation  Other than an annual fair  Specific portion(s) of land considered significant for park/recreation purposes No 4(f)  Primarily for commercial purposes:  Stock Car Races  Horse Racing  County or State Fair Section 4(f)/6(f) Training Class 51

Wild & Scenic Rivers  Defined as: “A river and the adjacent area within the boundaries of a component of the National Wild and Scenic Rivers (WSR) System”  WSR corridors managed for multiple purposes may be subject to 4(f), contingent on how they are managed  Managed by four federal agencies U.S. Forest Service National Park Service U.S. Fish and Wildlife Service Bureau of Land Management Section 4(f)/6(f) Training Class 52

Wild & Scenic Rivers  WSRs can have three designations:  Wild  Scenic  Recreational  Ohio Scenic Rivers  Managed by ODNR  Ohio was the first state to have a Scenic Rivers Act Section 4(f)/6(f) Training Class 53

Wild & Scenic Rivers  When determining 4(f):  Review river designation  Review how the river is used  Review management plan over that portion of the river, if available Section 4(f)/6(f) Training Class 54

Wild & Scenic Rivers 4(f) - (Policy Paper Question #21)  Land designated for recreation or other 4(f) purpose within a WSR Corridor 4(f) may not apply if:  The river is under study  Land(s) within a WSR corridor are not open to the public  Primary purpose is for non-4(f) activities Section 4(f)/6(f) Training Class 55

Planned 4(f) Properties 4(f) - (Policy Paper Question #25)  Publicly-owned  Formally designated  Determined significant for recreation  Must be designated in a Master Plan  Desire/intent to designate not sufficient No 4(f)  Privately-owned Section 4(f)/6(f) Training Class 56

Easements & Lease Agreements  Public easements in perpetuity can be considered publicly-owned land for the purpose the easement exists  Lease agreements on publicly-owned land may constitute a permanent and proprietary interest  Consult with ODOT-OES  Ownership, significance, and major purpose of easements are considered Section 4(f)/6(f) Training Class 57

4(f) Exceptions

Exceptions  FHWA identified exceptions to the requirement for 4(f)  Listed at 23 CFR Section 4(f)/6(f) Training Class 59

23 CFR  (a) - Restoration, rehabilitation, or maintenance of transportation facilities listed on or eligible for the NRHP  No Historic Properties Affected  No Adverse Effect  (b) - Archaeological sites listed or eligible for the NRHP, but not considered important for preservation-in-place OES Cultural Resources Staff issues determination once Section 106 process is completed Section 4(f)/6(f) Training Class 60

23 CFR  (d) - Temporary occupancy of land so minimal that it does not constitute a use  Short duration, no change in ownership  Scope of work is minor  No permanent adverse physical impacts and no interference with protected activities, features, or attributes on a temporary or permanent basis  Property restored to a condition as good as or better than prior to construction  Concurrence received from OWJ Section 4(f)/6(f) Training Class 61

23 CFR  (g) - Transportation enhancement that improves an existing 4(f) property  A use does not occur when sole purpose is for preservation or enhancement Receive concurrence from OWJ  Use occurs when land is permanently incorporated into transportation facility  Use typically does not occur for rehabilitation of highways, bridges, and buildings related to surface transportation Section 4(f)/6(f) Training Class 62

Determination Request Form Submitted for recreational properties when an exception applies (771.13[d] or [g])  Project Description  Property Description  Description of Impacts  Measures to Minimize Harm  Mapping, plan sheets, and photographs  OWJ Concurrence Section 4(f)/6(f) Training Class 63

Use Determinations

4(f) Process Overview Federal Action Is a 4(f) property present? Determine significance Is there a use? Determination NEPA Document Section 4(f)/6(f) Training Class 65

Five Levels of Determination No Use No incorporation of land from a 4(f) property into a transportation facility de minimis Use, but because of avoidance, minimization, or mitigation, there is no adverse effect on the attributes or functions of the 4(f) property Programmatic Evaluation Minor use of a 4(f) property that meets criteria established by FHWA Individual Evaluation Use of a 4(f) property that does not meet Programmatic Evaluation Criteria No 4(f) No impacts to an existing 4(f) property OR property is not subject to 4(f) Section 4(f)/6(f) Training Class 66

No 4(f)  No 4(f) properties within the project area OR 4(f) property is adjacent to the proposed project area, but will not be impacted  No ROW  No access restrictions  No coordination with OWJ or ODOT-OES  Standard language provided See Standard Operating Procedures for Section 4(f) Recreational Properties Section 4(f)/6(f) Training Class 67

No Use  No incorporation of land from a 4(f) property into a transportation facility  No restriction of access  Detours that maintain access are considered on a case-by case basis Section 4(f)/6(f) Training Class 68

No Use  Recreational  Determination Request Form submitted via EnviroNet to ODOT-OES Policy  Cultural Resources  Issued by ODOT-OES Cultural Resources upon completion of Section 106 process  Determination Request Form not required Section 4(f)/6(f) Training Class 69

Determination Request Form  Project Description  Property Description  Description of Impacts  Measures to Minimize Harm  Mapping, plan sheets, and photographs  OWJ Concurrence Section 4(f)/6(f) Training Class 70

de minimis No Use No incorporation of land from a 4(f) property into a transportation facility de minimis Use, but due to avoidance, minimization, mitigation, or enhancement there is no adverse effect on the qualities or function of the 4(f) property Programmatic Evaluation Minor use of a 4(f) property that meets criteria established by FHWA Individual Evaluation Use of a 4(f) property that does not meet Programmatic Evaluation Criteria No 4(f) No impacts to an existing 4(f) property OR property is not subject to 4(f) Section 4(f)/6(f) Training Class 71

de minimis  May apply to projects when temporary occupancy is determined to be adverse  (d) criteria exceeded Section 4(f)/6(f) Training Class 72

de minimis  Established in SAFETEA-LU (2005)  Codified at 23 CFR (2008)  Applies to any level of NEPA document  Simplifies the processing and approval of a transportation use of a 4(f) property  Typically less documentation  Does not replace Programmatic or Individual Evaluations  Impacts that meet Programmatic criteria may qualify as de minimis Section 4(f)/6(f) Training Class 73

 Considers avoidance, minimization, mitigation or enhancements  Avoidance alternatives not required  No adverse effect to the recreational activities, features, or attributes  Public notice and comment period required  774.5(b)  Applies to parks, recreation areas, and wildlife and waterfowl refuges  Notice may be part of NEPA document  OWJ concurrence required de minimis Section 4(f)/6(f) Training Class 74

Requirements Recreational  OWJ Concurrence  Public Notification Cultural  No Historic Properties Affected and No Adverse Effect  Concurrence with SHPO  Intent to apply de minimis  Views of consulting parties considered Section 4(f)/6(f) Training Class 75

Points to Remember  OES issues de minimis determinations  Discuss accordingly in NEPA document  Include measures to minimize harm that are developed in consultation with the OWJ Section 4(f)/6(f) Training Class 76

Determination Request Form  Include everything discussed previously, as well as Purpose & Need and Public Involvement Summary Section 4(f)/6(f) Training Class 77

Programmatic Evaluations No Use No incorporation of land from a 4(f) property into a transportation facility de minimis Use, but due to avoidance, minimization, mitigation, or enhancement there is no adverse effect on the qualities or function of the 4(f) property Programmatic Evaluation Minor use of a 4(f) property that meets criteria established by FHWA Individual Evaluation Use of a 4(f) property that does not meet Programmatic Evaluation Criteria No 4(f) No impacts to an existing 4(f) property OR property is not subject to 4(f) Section 4(f)/6(f) Training Class 78

Programmatic Evaluations  “…time-saving procedural alternative to preparing Individual Evaluations…for certain minor uses of a 4(f) property…”  Based on experience with specific set of conditions that include project type, degree of use, and avoidance alternatives  May be used if specific conditions are met Section 4(f)/6(f) Training Class 79

Programmatic Evaluations  Five evaluations issued by FHWA  Independent Walkway and Bikeways  Historic Bridges  Minor Involvements with Historic Sites  Minor Involvements with Parks, Recreation Areas and Waterfowl and Wildlife Refuges  Net Benefits to a Section 4(f) Property  Specifics of each are different  Apply each on its own terms Section 4(f)/6(f) Training Class 80

Independent Walkway and Bikeways  Projects with a primary purpose of providing bicycle or pedestrian facilities  No impacts to endangered species habitat  No unusual circumstances that involve:  Major impacts, adverse effects, or controversy  Adverse social or economic impacts  Displacement of residents/businesses  OWJ Concurrence required  Avoidance Alternatives not required Section 4(f)/6(f) Training Class 81

Historic Bridges  “Adverse Effect” finding  Listed on or eligible for listing on the NRHP  Historic integrity impaired either by rehabilitation or demolition  Must meet specific criteria on alternatives, findings, and mitigation  Agreement between SHPO and ACHP reached as part of Section 106 Section 4(f)/6(f) Training Class 82

Minor Involvements with Historic Sites  Projects that improve an existing roadway on essentially same alignment  Property located adjacent to the roadway  Does not require removal or alteration of historic buildings, structures, or objects  No disturbance or removal of archaeological resources determined important for preservation in- place  Based on SHPO Consultation Section 4(f)/6(f) Training Class 83

Minor Involvements with Historic Sites  Either “No Historic Properties Affected” or “No Adverse Effect” finding  SHPO concurs with assessment of impacts and mitigation  Does not apply to EIS projects  Rarely used in Ohio Section 4(f)/6(f) Training Class 84

Minor Involvements with Parks, Recreation Areas and Wildlife and Waterfowl Refuges  Projects that improve an existing roadway on essentially same alignment  Publicly-owned facilities and/or land  Amount and location of land to be used does not impair the use of remaining 4(f) property for its intended purpose  Based on the size of the property there are constraints to the amount of land that can be taken Section 4(f)/6(f) Training Class 85

Minor Involvements with Parks, Recreation Areas and Wildlife and Waterfowl Refuges  Proximity impacts on remaining land do not impair features, attributes, or function  OWJ concurs with assessment of impacts and proposed mitigation  If land encumbered with federal interest, appropriate federal agency must not object  Does not apply to EIS projects  Rarely used in Ohio Section 4(f)/6(f) Training Class 86

Net Benefit  Transportation use of a 4(f) property  Incorporates all appropriate measures to minimize harm and subsequent mitigation  The end result must be a net benefit to the 4(f) property  Applies to any project regardless of level of NEPA document Section 4(f)/6(f) Training Class 87

Net Benefit Historic Sites  Transportation use does not require major alteration of the characteristics that qualify the property for the NRHP  SHPO and ODOT must agree on measures to minimize harm  Consistent with 36 CFR 800 Section 4(f)/6(f) Training Class 90

Net Benefit  OWJ concurs with:  Assessment of impacts  Proposed measures to minimize harm  Mitigation to preserve, rehabilitate and enhance existing features and values  Impacts result in a Net Benefit Section 4(f)/6(f) Training Class 89

Alternatives Analysis  Required for:  Historic Bridges, the two Minor Use Programmatic Evaluations, and Net Benefit  Demonstrates no feasible and prudent alternative to the use of a 4(f) property Section 4(f)/6(f) Training Class 90

Alternatives Analysis Historic Bridges  Do Nothing  New structure on new location that does not affect historic integrity of old bridge  Rehabilitation does not affect historic integrity Section 4(f)/6(f) Training Class 91

Alternatives Analysis Minor Use Programmatic Evaluations  Do Nothing  Improves roadway without a use of adjacent 4(f) property  Facility on new location without a use of 4(f) property Section 4(f)/6(f) Training Class 92

Alternatives Analysis Net Benefit  Do Nothing  Improves transportation facility in a manner that addresses P&N without a use of 4(f) property  Transportation facility at a location that does not require use of 4(f) property Section 4(f)/6(f) Training Class 93

Points to Remember  Illustrate why alternatives that avoid 4(f) property are not feasible and prudent  The agreed upon measures to minimize harm and resulting mitigation must be documented  ODOT-OES issues determination  Contact ODOT-OES Policy if you have impacts that may meet Programmatic Evaluation criteria  Elevated to Individual if criteria exceeded Section 4(f)/6(f) Training Class 94

Determination Request Form  Everything previously discussed plus Alternatives Analysis, if required Section 4(f)/6(f) Training Class 95

Individual Evaluations No Use No incorporation of land from a 4(f) property into a transportation facility de minimis Use, but because of avoidance, minimization, or mitigation, there is no adverse effect on the qualities or function of the 4(f) property Programmatic Evaluation Minor use of a 4(f) property that meets criteria established by FHWA Individual Evaluation Use of a 4(f) property that does not meet Programmatic Evaluation Criteria No 4(f) No impacts to existing 4(f) property OR property not subject to 4(f) Section 4(f)/6(f) Training Class 96

Individual Evaluations  Required when Programmatic Evaluation criteria is exceeded  Prepared as a stand-alone document  Reviewed by other federal agencies  Legal sufficiency review  NEPA Document  D2 or D3 CE, EA, or EIS  Can be submitted concurrently  FHWA Technical Advisory T6640.8A  Oct. 30, 1987 Section 4(f)/6(f) Training Class 97

Approval Process  OES Review  30 calendar days  Legal Sufficiency Review  National Park Service (DOI)  14 copies (D.C., Omaha)  45 calendar days  One copy to OWJ Section 4(f)/6(f) Training Class 98

Approval Process In some cases, the approval process may also include:  One copy to USEPA, if an EIS  Two copies to HUD or USDA (very rare)  Only if the agency has an interest in the property  Six month coordination period Section 4(f)/6(f) Training Class 99

Submittals  Project Description  Purpose & Need  Property Description  Impacts to Property  Avoidance Alternatives Analysis  Public Involvement Summary  Measures to Minimize Harm/Mitigation  Mapping, plan sheets, and photographs Section 4(f)/6(f) Training Class 100

Case Studies

4(f)/6(f) Coordination Process

Recreational 4(f)  Identify 4(f) property  Informal consultation with ODOT-OES Policy, as needed  Submit Section 4(f)/6(f) Determination Request Form for Recreational Properties  Via EnviroNet  ODOT-OES Policy issues determination within 30 calendar days  IOC’s uploaded to project file (EnviroNet) Section 4(f)/6(f) Training Class 103

Cultural Resources 4(f)  Determination issued by ODOT-OES Cultural Resources Staff once Section 106 Process is completed  Determination Request Form not needed  Form is for recreational submittals only  SHPO afforded a concurrent non-objection period for de minimis determinations Section 4(f)/6(f) Training Class 104

Section 6(f)  Review LWCF website  Property not listed = No 6(f)  If impacts will occur, initiate informal consultation with ODOT-OES Policy  6(f) PA defines determination levels  Part of the Section 4(f)/6(f) Determination Form for Recreational Properties  ODOT-OES will coordinate with ODNR/NPS, as appropriate, and issue 6(f) determination  OES issues Maintenance determination Section 4(f)/6(f) Training Class 105

Section 6(f)  Temporary Non-Conforming Use  Issued by ODNR, per 6(f) PA  Conversions  Approved by ODNR and NPS  ODOT-OES can assist throughout the process  Prior to approval, replacement land is approved by ODNR and NPS  Appraisals required  4(f) determination is always issued prior to 6(f) approval Section 4(f)/6(f) Training Class 106

Determination Request Form  Submitted for No Use and higher  Not submitted for Cultural Resources 4(f)  Exceptions, No Use, and Temporary No Use do not need:  Purpose and Need  Alternatives Analysis  Public Involvement Summary  Section 6(f) not always parallel to 4(f)  For example, temporary ROW acquisition may result in a Temporary No Use, but may require a conversion for 6(f) Section 4(f)/6(f) Training Class 107

Final Thoughts

NEPA Document  May have multiple 4(f) findings  For example, the EIS for Cleveland Innerbelt had: Individual de minimis Cultural and Recreational No Use Section 4(f)/6(f) Training Class 109

4(f) at a Glance  No 4(f)  No impacts or does not apply  Exceptions or No Use  Enhancement and/or no incorporation  Temporary No Use  No permanent impacts  de minimis  Permanent incorporation/not adverse  Programmatic  Higher level of use  Individual  Adverse Use Section 4(f)/6(f) Training Class 110

ODOT-OES Policy Contacts  Erica Schneider, Assistant Env. Adminstrator   Kevin E. Davis, Supervisor   Doug App, Document Review Coordinator   Veronica Trecazzi, Document Review Coordinator  Section 4(f)/6(f) Training Class 111

Test  Follow post-class test instructions provided  75% is a passing grade Section 4(f)/6(f) Training Class 112

Have a Great Day! Thanks for coming!!