1. Section 4(f) and 6(f) Training Presented by the Office of Environmental Services September 21, 2017

2. Thanks for being here today!
What’s in it for You?
Pre-qualification requirement
Project management awareness
This class is designed for you!
Ask questions
Share experiences
Interact with peers
Thanks for being here today!
[2] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

3. Learning Outcomes Define and differentiate Section 4(f) and 6(f)
Define and differentiate Section 4(f) and 6(f)
Interpret existing regulations and policies
Select appropriate determination levels
Comprehend the Section 4(f) Manual
Comprehend the Section 6(f) PA
Recognize how to prepare documentation
Recognize how to document decision-making
[3] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

4. Agenda History/Background 4(f) Manual 4(f) Definition and Terms
History/Background
4(f) Manual
4(f) Definition and Terms
Identifying 4(f) Properties
Use Determinations
Case Studies
Section 6(f)
[4] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

5. Introductions Name Employer 4(f)/6(f) Experience Class Expectations
Name
Employer
4(f)/6(f) Experience
Class Expectations
[5] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

6. History/Background
[6] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

7. 4(f) Legislation Department of Transportation Act of 1966
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. 2012
23 CFR
[7] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

8. 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
[8] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

9. Implications of 1968 Feasible and Prudent subjective
Highway officials continued using public lands
Route of least resistance
No documentation requirements
Generally ignored, until…
[9] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

10. Interstate Route 40 A six-lane highway proposed through Overton Park
Memphis, TN
342-acre city park
Memphis Zoo, 9-hole golf course
Levitt Shell - Elvis was here!
[10] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

11. Legal Action
U.S. DOT sued for not complying with feasible and prudent standard
U.S. District Court, Court of Appeals, and Sixth Circuit ruled in favor of U.S. DOT
U.S. Supreme Court Case
Citizens to Preserve Overton Park v. Volpe
U.S. Supreme Court ruled in favor of the plaintiffs
March 3, 1971
Ordered reconsideration of the proposed route
“…protection of parkland is to be given paramount importance.”Justice Thurgood Marshall
Use of 4(f) property requires that no unique problems or unusual factors involved with the alternatives
Upheld feasible and prudent
[11] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

12. Overton Park – Present Day
[12] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

13. Time for Change Congress changed the law in 2005 Improved consistency
Goal was better decisions
[13] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

14. SAFETEA-LU (2005) Exempted Interstate from 4(f) Section 6007
Established de minimis
Section 6009(a)
Clarified feasible and prudent
Section 6009(b)
[14] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

15. 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
[15] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

16. 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
[16] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

17. 23 CFR 774 New regulations issued in March 2008
Clarified feasible and prudent
New method of compliance for de minimis impact
Adopted standards for choosing alternatives that use 4(f) property
4(f) Policy Paper includes guidance for changes made
[17] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

18. 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:
There is no feasible and prudent alternative to the use of such land
Such project includes all possible planning to minimize harm resulting from such use
(b) de minimis
[18] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

19. Authority & Responsibility
4(f) applies to USDOT agencies
Federal approvals can trigger 4(f)
IMS, IJS, break in limited access, NHS
ODOT responsible for determinations, evaluations, findings and compliance
OES issues determinations
[19] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

20. 4(f) Manual
[20] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

21. 4(f) Manual Updated in 2016 - Electronic
Updated in Electronic
Applies to all levels of environmental classifications
Defines determinations and processes
Defines coordination process with the Official with Jurisdiction (OWJ)
Defines responsibilities regarding documentation and public involvement (PI)
Ensures regulations are properly met
[21] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

22. 4(f) Definition and Terms
4(f) Definition and Terms
[22] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

23. Definition Protects recreational properties and historic sites
Protects recreational properties and historic sites
Publicly-owned Parks and Recreation Areas
Publicly-owned Wildlife and Waterfowl Refuges
Public and privately-owned historic sites
[23] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

24. Significance
Role property plays based on recreation needs and/or community values
Historic sites listed or eligible for listing on the NRHP
Property presumed significant unless OWJ concludes otherwise
23 CFR 774
ODOT-OES retains final decision in determining significance
[24] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

25. Use Definitions
Permanent incorporation of land into a transportation facility
Temporary occupancy that is adverse to the functions and activities
Constructive
[25] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

26. Constructive Use
Proximity impacts, without acquisition of land, are so great that 4(f) property is substantially impaired
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 based on
consultation with OWJ
[26] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

27. 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 Recreation Director
Metroparks
School Superintendent
[27] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

28. 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)
[28] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

29. Management Plan Approved by the recognized OWJ
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
[29] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

30. Identifying 4(f) Properties
Identifying 4(f) Properties
[30] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

31. 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
[31] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

32. 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
[32] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

33. 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
[33] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

34. 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
[34] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

35. 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 accessibility does not determine 4(f)
Many allow public access - others may not during certain seasons
Review Management Plan, if available
[35] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

36. 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
[36] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

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

38. Historic Sites 4(f) - (Policy Paper Question #2)
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
[38] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

39. Historic Districts 4(f) - (Policy Paper Question #2B)
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
Re word this slide
[39] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

40. Archaeological Sites 4(f) - (Policy Paper Question #3) No 4(f)
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
[40] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

41. Historic Bridges Possible outcomes include: Rehabilitate Bridge
Possible outcomes include:
Rehabilitate Bridge
No Adverse Effect = (a)
Adverse Effect = Use
Demolish Bridge
Donations (Re-Use)
Integrity maintained = No Use
Policy Paper Question #8
Re word slide
[41] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

42. 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
[42] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

43. School Playgrounds Policy Paper Question #14
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
[43] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

44. School Playgrounds 4(f) Publicly-owned and open to the public AND
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)
May be operated by a public entity or organization after school hours
Actual function is determining factor
[44] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

45. School Playgrounds No 4(f) Privately-owned Not open to the public
No 4(f)
Privately-owned
Not open to the public
Only serves school functions/activities
[45] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

46. Safe Routes to School (SRTS)
Same procedures as school playgrounds
If sidewalks constructed on or near areas deemed “playground”, consult with the OWJ to determine recreational significance
[46] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

47. 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
[47] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

48. Golf Courses 4(f) – (Policy Paper Question #18) No 4(f)
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
[48] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

49. Golf Courses Points To Remember
Points To Remember
4(f) may apply to publicly-owned courses 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)
[49] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

50. 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 a significant historic site
Publicly-owned zoos are case-by-case
Review Management Plan, if available
4(f) applies if significant for recreation or is an historic site
[50] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

51. Fairgrounds 4(f) – (Policy Paper Question #20) No 4(f)
4(f) – (Policy Paper Question #20)
Opened to the public
Primary function is for recreation
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
[51] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

52. Wild & Scenic Rivers Defined as:
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 with 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
[52] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

53. Wild & Scenic Rivers WSRs can have three designations: Wild Scenic
WSRs can have three designations:
Wild
Scenic
Recreational
Ohio Scenic Rivers
Managed by ODNR
Ohio first state to have a Scenic Rivers Act
[53] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

54. 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
[54] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

55. 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
[55] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

56. 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
[56] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

57. 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
[57] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

58. 4(f) Exceptions
[58] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

59. Exceptions Certain actions exempted from 4(f) requirements
Listed at 23 CFR
[59] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

60. 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
[60] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

61. 23 CFR
(d) - Temporary occupancy of land so minimal that it does not constitute a use
Short duration and 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
[61] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

62. 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 may occur if land is permanently incorporated into transportation facility
Use typically does not occur for rehabilitation of highways, bridges, and buildings related to surface transportation
[62] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

63. Determination Request Form
Submitted for recreational exceptions
under (d), (e), (f), or (g)
Project Description
Property Description
Description of Impacts
Measures to Minimize Harm
Mapping, plan sheets, and photographs
OWJ Concurrence
Remove bullets -
[63] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

64. Use Determinations
[64] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

65. 4(f) Process Overview Federal Is there a use? Action Is a 4(f)
Is there a use?
Federal
Action
Is a 4(f)
property present?
Determination
Determine
significance
NEPA
Document
[65] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

66. Five Levels of Determination
No 4(f)
No impacts to an existing 4(f) property OR
property is not subject to 4(f)
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
Talking point regarding No 4(f)
Individual
Evaluation
Use of a 4(f) property that does not meet
Programmatic Evaluation Criteria
[66] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

67. No 4(f) No 4(f) properties identified within the proposed project areaOR
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
Standard Operating Procedures for Section 4(f) Recreational Properties
[67] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

68. No Use
No incorporation of land from a 4(f) property into a transportation facility
No restriction of access
Detours that maintain access considered on a case-by case basis
[68] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

69. No Use
Recreational
Determination Request Form submitted to ODOT- OES Policy via ENVIRONET
Cultural Resources
Issued by ODOT-OES Cultural Resources Staff upon completion of Section 106 process
Determination Request Form not required
[69] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

70. Determination Request Form
Project Description
Property Description
Description of Impacts
Measures to Minimize Harm
Mapping, Plan Sheets, and Photographs
Only include plan sheets that depict impacts
Only include 4(f) specific photographs
OWJ Concurrence
[70] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

71. de minimis No impacts to an existing 4(f) property OR No 4(f)
No 4(f)
No impacts to an existing 4(f) property OR
property is not subject to 4(f)
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
[71] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

72. de minimis Established in SAFETEA-LU (2005) 23 CFR 774.3 (2008)
Established in SAFETEA-LU (2005)
23 CFR (2008)
Applies to C2 CE’s and higher
Simplifies 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
De minimis functionally replaced the Minor Use PEs
[72] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

73. de minimis
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
Include all documentation in project file
OWJ concurrence required
[73] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

74. de minimis
May apply to projects when temporary occupancy is determined to be adverse
774.13(d) criteria exceeded
[74] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

75. Requirements Recreational Cultural OWJ Concurrence Public Notification
Recreational
OWJ Concurrence
Public Notification
Cultural
Concurrence with SHPO
No Historic Properties Affected
No Adverse Effect
Intent to apply de minimis
Views of consulting parties considered
Requirements for de minimis are different based on the type of property – Policy Paper page 9
[75] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

76. 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
Emphasize alternatives analysis not required
[76] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

77. Determination Request Form
Include everything discussed previously, as well as Purpose & Need and Public Involvement Summary
[77] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

78. Programmatic Evaluations
No 4(f)
No impacts to an existing 4(f) property OR
property is not subject to 4(f)
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
[78] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

79. 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
These pre-date de minimis, except Net Benefit
[79] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

80. 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
[80] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

81. 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
[81] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

82. 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
[82] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

83. 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
[83] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

84. 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
Rarely used because of de minimis
[84] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

85. 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
Work on combining 91 and 92
[85] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

86. 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
Rarely used because of de minimis
[86] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

87. 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
Subsequently, a "net benefit" is not achieved if the existing features and/or values are substantially diminished
[87] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

88. 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
[88] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

89. 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
[89] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

90. Alternatives Analysis
Required for:
Historic Bridges
Minor Use Programmatic Evaluations
Net Benefit
Demonstrates no feasible and prudent alternative to the use of a 4(f) property
[90] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

91. 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
[91] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

92. 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
[92] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

93. 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
[93] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

94. Points to Remember
Illustrate why alternatives that avoid 4(f) property are not feasible and prudent
Document agreed upon measures to minimize harm and resulting mitigation
ODOT-OES issues determination
Contact ODOT-OES Policy if impacts may meet Programmatic Evaluation criteria
Elevated to Individual if criteria exceeded
[94] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

95. Determination Request Form
Everything previously discussed plus Alternatives Analysis, if required
[95] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

96. Individual Evaluations
No 4(f)
No impacts to existing 4(f) property OR
property not subject to 4(f)
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
[96] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

97. Individual Evaluations
Required when Programmatic criteria 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
[97] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

98. Approval Process OES Review 30 calendar days Legal Sufficiency Review
OES Review
30 calendar days
Legal Sufficiency Review
National Park Service (DOI)
14 copies (D.C., Omaha)
45 calendar days
One copy to OWJ
[98] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

99. In some cases, the approval process may also include:
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
[99] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

100. Submittals Project Description Purpose & Need Property Description
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
[100] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

101. 4(f)/6(f) Coordination Process
4(f)/6(f) Coordination Process
[101] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

102. Recreational 4(f) Identify 4(f) property
Identify 4(f) property
Informal consultation can be initiated with ODOT-OES Policy
Initiate consultation with OWJ, if impacts anticipated
Submit Section 4(f)/6(f) Determination Request Form for Recreational Properties
Upload to ENVIRONET
Word Document, designate as DRAFT
ODOT-OES Policy issues/uploads determination
Within 30 calendar days
Talking points – DRF is not used for informal consultation. Form is submitted/uploaded as a word document/appendices can be uploaded as a PDF
[102] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

103. Section 106 4(f) Issued by ODOT-OES Cultural Resources Staff
Issued by ODOT-OES Cultural Resources Staff
Follows completion of the Section 106 Process
Determination Request Form not used
For recreational submittals only
SHPO afforded a concurrent non-objection period for de minimis determinations
[103] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

104. Section 6(f) Review LWCF website Property not listed = No 6(f)
Review LWCF website
Property not listed = No 6(f)
If impacted, initiate informal consultation with ODOT-OES Policy
6(f) PA defines determination levels
Information included in the DRF
OES can issue Maintenance Determination
Only ODOT-OES can coordinate with ODNR/NPS
If recreational property not present, no need to review LWCF site. Funding component – state vs federal
[104] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

105. Section 6(f) Temporary Non-Conforming Use Issued by ODNR Conversions
Temporary Non-Conforming Use
Issued by ODNR
Conversions
Approved by ODNR and NPS
ODOT-OES can assist throughout the process
Replacement land approved by ODNR and NPS
Appraisals required
4(f) determination issued prior to 6(f) approval
Conversions can either be small, partial, or full. Informal consultation with OES and ODNR is crucial to determine this.
Informal consultation can occur for 6(f) as the 4(f) is being finalized. However, the 4(f) determination must be issued prior to formal coordination/submittal to ODNR/NPS
[105] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

106. Determination Request Form
Submitted for No Use and higher
Not submitted for Section 106 4(f)
Exceptions, No Use, and Temporary No Use do not require:
Purpose and Need
Alternatives Analysis
Resource specific public involvement
Section 6(f) not always parallel to 4(f)
Temporary No Use may be a conversion for 6(f)
[106] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

107. Case Studies
[107] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

108. Final Thoughts
[108] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

109. NEPA Document May have multiple 4(f) findings
The EIS for Cleveland Innerbelt had:
Individual
de minimis
Cultural and Recreational No Use
[109] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

110. 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
Net Benefit
Individual
Adverse Use
[110] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

111. OES Policy Contacts Erica Schneider, Assistant Env. Adminstrator;
Kevin E. Davis, Supervisor ;
Doug App, Document Review Coordinator ;
Veronica Trecazzi, Document Review Coordinator ;
[111] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

112. Test Follow post-class test instructions 75% is a passing grade
[112] Section 4(f) and 6(f) Training – Presented by the Office of Environmental Services

113. Have a Great Day! Thanks for coming!!