Slide 1

Section 4(f) Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation Slide 2 Provides protection to the following type of properties: Publicly-owned Parks and Recreation Areas Publicly-owned Wildlife and Waterfowl Refuges Private and publicly-owned Historic Sites What is Section 4(f)? Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation 2 Slide 3 Department of Transportation Act of 1966 United States Code (USC) 49 USC 1653(f) 23 USC 138 49 USC 303 23 USC 138 FHWA Policy Paper (1985, 1989, 2005, 2012) 23 CFR 771.135 (2002) SAFETEA-LU/Section 6009 de minimis (2005) 23 CFR 774 (2008) Legislative History Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation 3 Slide 4 Federal-Aid Highway Act of 1956 Engineering outweighed community values Threatened parks and recreation areas Use of parkland seen as less destructive 37 Interstate openings in 1964 Interstate Era Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation 4 Slide 5 Senator Yarborough of Texas introduced 4(f) provision in the DOT Act of 1966 in direct response to a project linking Downtown San Antonio to the airport through a park A Law is Born Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation 5 Slide 6 Section 138 amended to include 4(f) language: 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, and; (2) Such program includes all possible planning to minimize harm resulting from such use Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation Federal-Aid Highway Act of 1968 6 Slide 7 Feasible Constructed with sound engineering Prudent The evaluation of unusual factors or unique problems such as cost, environmental, social and economic impacts, or community disruption that reaches extraordinary magnitude Feasible & Prudent Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation 7 Slide 8 Citizens for Overton Park v. Volpe Use requires that no unique problems or unusual factors are involved with the alternatives Upheld feasible and prudent Social, economic, environmental impacts, community disruption, and/or costs resulting from such alternatives have to reach extraordinary magnitudes Potential and/or adverse impacts are formally documented as part of NEPA 1971 Supreme Court Verdict Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation 8 Slide 9 Congress decided it was time to change the law SAFETEA-LU Better Consistency Better Decisions Fast Forward to 2005 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation 9 Slide 10 Exempted Interstate System from 4(f) Section 6007 De minimis impacts for parks, recreation areas, wildlife & waterfowl refuges, and historic sites Section 6009(a) Clarified feasible and prudent Section 6009(b) SAFETEA-LU Provisions Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation 10 Slide 11 The Secretary shall not approve any project which requires the use of any significant 4(f) property unless: (a) It is determined that: (1)There is no feasible and prudent alternative to the use of such land, and; (2)Such project includes all possible planning to minimize harm resulting from such use. (b) de minimis Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation Present Day 11 Slide 12 In order for the statute to apply to projects, the following conditions must be true: USDOT funding and/or approval is required Related to transportation Requires the use of land from a 4(f) property No regulatory rules or exceptions apply 23 CFR 774.11 and 774.13 Applying Section 4(f) Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation 12 Slide 13 4(f) only applies to USDOT agencies FHWA, FTA, FRA USDOT funds required for 4(f) to apply Projects with federal approvals can trigger 4(f) NHS, IMS/IJS ODOT issues determination FHWA responsible for approvals and overall compliance Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation Authority & Responsibility 13 Slide 14 Role property plays based on recreation needs and/or community values If available and up-to-date, a management plan helps define significance and major purpose Property presumed significant unless Official with Jurisdiction (OWJ) concludes otherwise 23 CFR 774 FHWA retains final decision in determining significance Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation Significance 14 Slide 15 Approved by recognized OWJ Designed to officially designate major purpose and/or function FHWA retains final decision on whether plan articulates activities, functions, and major purpose Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation Management Plan 15 Slide 16 Federal, state, or local agency that owns or administers a 4(f) property or has been empowered to represent on matters related to a property Examples include, but not limited to: National Park Service Ohio Department of Natural Resources Park Manager/Director City Manager Parks and Recreation Director School Superintendent County Commissioners/Township Trustees The State Historic Preservation Officer (SHPO) is the OWJ for historic sites Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation OWJ Definition 16 Slide 17 Land from a 4(f) property is permanently incorporated into a transportation facility Temporary occupancy of 4(f) property that is adverse to its functions and activities Constructive use Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation Use Definition 17 Slide 18 Proximity impacts, without acquisition of land, cause 4(f) property to be substantially impaired Capability to perform vital functions or attributes is 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 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation Constructive Use 18 Slide 19 Five Levels of Determination No Use No incorporation of 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, features, or activities of a 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) 19 Slide 20 Adjacent properties do not meet criteria OR 4(f) property is adjacent to the proposed project area, but will not be impacted Discuss accordingly in environmental document Coordination with OES or the OWJ is not required Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation No 4(f) Determination 20 Slide 21 No incorporation of land from a 4(f) property into a transportation facility will occur Key activities, features and/or attributes of 4(f) property are not diminished Issued by OES Policy for parks, recreation areas, and wildlife/waterfowl refuges Issued by OES Cultural Resources at the end of the Section 106 process Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation No Use Determination 21 Slide 22 FHWA identified exceptions to 4(f) approval 23 CFR 774.13 Do not compromise preservation purpose Contact OES if you have a possible exception Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation Exceptions 22 Slide 23 774.13(a) - Restoration, rehabilitation, or maintenance of transportation facilities listed on or eligible for the NRHP No Adverse Effect to historic qualities 774.13(b) - Archaeological sites listed or eligible for the NRHP; but not considered important for preservation-in-place Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation Exceptions 23 Slide 24 774.13(d) - Temporary occupancy of land that does not constitute a use Commonly referred to as Temporary No Use Short duration and no change in ownership Minor scope; property changes are minimal No anticipated adverse physical impacts and no interference with protected activities, features or attributes, on a temporary or permanent basis Land fully restored to a condition at least as good as that which existed prior to construction OWJ concurrence required Exceptions Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation 24 Slide 25 774.13(f) - Certain trails, paths, bikeways, and sidewalks, in the following circumstances: Trail projects funded under the Recreational Trails Program, 23 U.S.C. 206(h)(2) National Historic Trails and the Continental Divide National Scenic Trail, with the exception trail segments that are historic sites Occupies a transportation right-of-way without limitation to any specific location within that right-of- way, as long as continuity is maintained Part of the local transportation system and function primarily for transportation Exceptions Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation 25 Slide 26 Project Description Mapping Photographs Purpose & Need Description of 4(f) property Cultural Resources Complete 106 process, with effect determination Recreational Obtain OWJ concurrence that proposed undertaking will not affect activities, functions, or attributes Submittals Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation 26 Slide 27 de minimis No Use No incorporation of 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) 27 Slide 28 Established in SAFETEA-LU Simplifies processing and approval of a transportation use of a 4(f) property Considers avoidance, minimization, mitigation, or enhancements to a 4(f) property Applies to any level of NEPA documentation Does not replace Programmatic or Individual Evaluations OES coordinates de minimis with FHWA de minimis Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation 28 Slide 29 Impact will not adversely affect activities, features, and attributes of the resource Analysis of avoidance alternatives not required Public notice, review, and comment opportunity is required if: Property is a park, recreation area, or refuge Include notice in the NEPA document OWJ concurrence is required de minimis Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation 29 Slide 30 Can apply when a temporary occupancy of property is determined to be adverse For multiple 4(f) properties: Each property considered separately No project wide consideration Mitigation for each individual property Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation de minimis 30 Slide 31 Recreation Concurrence from OWJ Public Involvement Press Release/Public Notice, at a minimum Cultural Resources Determination of No Adverse Effect or No Historic Properties Affected Concurrence with SHPO Intent to apply de minimis FHWA has considered views of consulting parties de minimis Requirements Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation 31 Slide 32 Project Description Mapping & Photographs Purpose & Need Description of 4(f) property Discussion of avoidance, mitigation, minimization, or enhancements Public Involvement Materials Press Release Only for Parks, Recreation Areas, and Refuges OWJ Concurrence Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation de minimis Submittals 32 Slide 33 Programmatic Evaluations No Use No incorporation of land from a 4(f) property into a transportation facility de minimis Impact Finding 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 Property is not subject to 4(f) 33 Slide 34 time-saving procedural alternative to preparing Individual 4(f) evaluationsfor certain minor uses of a 4(f) property Based on experience with a specific set of conditions that includes project type, degree of use, and evaluation of avoidance alternatives May only be used if specific conditions are met Programmatic Evaluations Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation 34 Slide 35 Developed by FHWA Independent Walkway and Bikeways Historic Bridges Minor Involvements with Historic Sites Minor Involvements with Parks, Recreation Lands and Wildlife & Waterfowl Refuges Net Benefits to a Section 4(f) Property Specifics of each are different Apply each on its own terms http://www.environment.fhwa.dot.gov/4f/4fnationwideevals.asp Programmatic Evaluations Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation 35 Slide 36 Separate, stand alone document May be submitted concurrently with NEPA document but often done earlier Avoidance Alternatives Analysis required Not for Independent Walkway and Bikeways Demonstrates alternatives that avoid 4(f) property are not feasible and prudent FHWA has 15 calendar days to object Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation Programmatic Evaluations 36 Slide 37 Can apply to projects that have the primary purpose of providing bicycle or pedestrian facilities Does not apply when the project: Impacts endangered species habitat Creates major impacts or public controversy Creates adverse social or economic impacts Involves relocations/displacements Obtain OWJ Concurrence Avoidance Alternatives Analysis not required Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation Independent Walkway & Bikeways 37 Slide 38 Can be used when the following criteria is met: The proposed project will impair historic integrity either by rehabilitation or demolition The proposed project meets specific criteria on alternatives, findings, and mitigation Agreement among SHPO, FHWA, and ACHP is reached through Section 106 process A finding of Adverse Effect Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation Historic Bridges 38 Slide 39 Can be used when the following criteria is met: The proposed project will not remove or alter historic buildings, structures, or objects The proposed project will not disturb or remove archaeological resources determined important for preservation-in-place Section 106 finding of either No Historic Properties Affected" or No Adverse Effect Does not apply to EIS projects Essentially replaced by de minimis Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation Minor Involvements w/Historic Sites 39 Slide 40 Can be used when the following criteria is met: Proximity impacts on remaining 4(f) property will not impair features, attributes, or function OWJ concurs with assessment of impacts and proposed mitigation No objection from appropriate federal agency if land was encumbered with a federal interest Does not apply to EIS projects Essentially replaced by de minimis Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation Minor Involvements w/Parks, Recreation Areas and Wildlife & Waterfowl Refuges 40 Slide 41 A transportation use of a park, recreation area, wildlife and waterfowl refuge, or historic site Assessment of impacts incorporates appropriate measures to minimize harm Mitigation preserves, rehabilitates and enhances existing features and values Must obtain OWJ concurrence Applies to all NEPA document levels Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation Net Benefit 41 Slide 42 Required for the following Programmatics: Historic Bridges Minor Involvements w/Historic Sites Minor Involvements w/Parks, Rec. Areas and Wildlife & Waterfowl Refuges Net Benefits to a Section 4(f) Property Analysis demonstrates no feasible and prudent alternative to the use of a 4(f) property Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation Alternatives Analysis 42 Slide 43 Project Description Mapping Photographs Purpose & Need Description of 4(f) property Impacts Discussion Avoidance Alternatives Analysis Measures to Minimize Harm Summary Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation Programmatic Evaluation Submittals 43 Slide 44 Individual Evaluation 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 not subject to 4(f) 44 Slide 45 Required when conditions of de minimis or the Programmatic Evaluations are exceeded Prepared as a stand-alone document Reviewed by other federal agencies Requires FHWA legal sufficiency review Level 3 & 4 CE, EA, or EIS 4(f) submitted with environmental document Refer to FHWA Technical Advisory T6640.8A Oct. 30, 1987 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation Individual Evaluations 45 Slide 46 Project Description Mapping Photographs Purpose & Need 4(f) Property Description Impacts to 4(f) Property Avoidance Alternatives Analysis Measures to Minimize Harm/Mitigation Summary Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation Individual Evaluations for CEs 46 Slide 47 Stand-alone document OR Separate section of EA Draft/Final document submittal has same information as in an EIS Coordination with appropriate agencies Individual Evaluations for EAs Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation 47 Slide 48 Typically: DEIS contains Draft 4(f) Evaluation FEIS contains Final 4(f) Evaluation ROD contains summary of 4(f) approval Individual Evaluations for EISs Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation 48 Slide 49 Project Description Description of 4(f) Property Impacts to 4(f) Property Avoidance Alternatives Analysis Measures to Minimize Harm Coordination with OWJ Mapping and Photographs Summary Conclusion of no feasible and prudent alternatives is made in Final, following coordination of draft Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation Individual Evaluation & DEIS 49 Slide 50 Include all information from Draft, plus: Basis for no feasible and prudent alternatives Basis for conclusion that all possible planning to minimize harm has been completed Summary of formal coordination Copies of formal coordination comments Concluding statement: Based upon the above considerations, there is no feasible and prudent alternative to the use of land from (4[f] property) and the proposed action includes all possible planning to minimize harm to (4[f] property) resulting from such use. Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation Individual Evaluation & FEIS 50 Slide 51 OES Review 30 Calendar Days FHWA Review 30 Calendar Days 14 copies to NPS 45 Calendar Days Two copies to HUD or USDA Only when coordination is required (rare) Plan for at least 6 months!!! Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation Individual 4(f) Approval Process 51 Slide 52 4(f) PROPERTYDETERMINATION No impacts Not subject to 4(f) No 4(f) Protected No incorporation of 4(f) property No Use Protected Temporary Occupancy Temporary No Use Protected Permanent Incorporation No Adverse Effect Temporary Adverse Effect de minimis Protected Minor Use Programmatic Evaluation Protected Major Adverse Use Individual Determination Quick Guide 52 Slide 53 Type of 4(f) Properties Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation 53 Slide 54 4(f) Publicly-owned and open to the public AND Significant for park or recreation purposes Constitutes major purpose or function Incidental, secondary, occasional or dispersed activities do not constitute a major purpose Must be officially designated by OWJ May have multiple OWJ Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation Parks & Recreation Areas 54 Slide 55 NOT 4(f) Privately-owned OR Open to a select group and not the entire public Gated or public housing communities Military personnel and their dependents Students of a public school Students, faculty and alumni of a public college or university Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation Parks & Recreation Areas 55 Slide 56 Not defined in 4(f) law or FHWA Regulations FHWA considers the National Wildlife Refuge System Administration Act as contemporaneous legislation in implementation of 4(f) for refuges National Wildlife Refuges are 4(f) properties No individual determination of 4(f) status needed Wildlife & Waterfowl Refuges Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation 56 Slide 57 For purposes of 4(f), properties that may function as or resemble refuges include: Wildlife Management Areas Wildlife Reserves Preserve or Sanctuaries Waterfowl Production Areas Includes wetlands and uplands set aside for refuge purposes, in a form of public ownership Wildlife & Waterfowl Refuges Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation 57 Slide 58 4(f) Publicly-owned property (including waters) officially designated as a refuge by recognized OWJ May have multiple OWJ Review management plan (if one exists) to determine major purpose Conservation, restoration, management of endangered species, protection of habitat, etc. Recreational activities, including hunting and fishing, are consistent with preservation Wildlife & Waterfowl Refuges Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation 58 Slide 59 NOT 4(f) Privately-owned land Major purpose is for non-4(f) activities POINT TO REMEMBER Open to the public requirement only applies to parks and recreation areas Most allow public access, while others do not, especially during certain times/seasons Public access does not determine 4(f) Review management plan/primary purpose Wildlife & Waterfowl Refuges Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation 59 Slide 60 4(f) Listed on or eligible for listing on the National Register of Historic Places (NRHP) Public or Private Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation Historic Sites 60 Slide 61 4(f) Listed on or eligible for listing on the NRHP Includes individually listed or eligible properties that contribute to the district Properties within the district are assumed to contribute, unless stated or determined not to be through Section 106 consultation Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation Historic Districts 61 Slide 62 4(f) requirements essentially the same as for any historic site determined eligible under Section 106 While not expressly stated in regulations, their importance and significance should be considered in analysis of least overall harm pursuant to 23 CFR 774.3(c)(1)(iii) For adverse effect findings, if the Secretary of Interior elects to participate, their representative is the recognized OWJ (typically NPS) Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation National Historic Landmarks 62 Slide 63 Consultation with SHPO (OWJ) results in: Rehabilitation No Adverse Effect = No Use Adverse Effect = Use Demolition Adverse Effect = Use Donation (Re-use) Historic Integrity Maintained = No Use Historic Bridges Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation 63 Slide 64 4(f) Applies to those portions of property designated or identified in an approved management plan for park, recreation, or wildlife & waterfowl refuge purposes, and determined significant Includes listed or eligible historic sites NOT 4(f) Park, recreation, or refuge is not the primary purpose or function No approved plan or plan out-of-date Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation Multiple-Use Land Holdings 64 Slide 65 Playground is defined as the area of school property developed and/or used for public park or recreation purposes: Baseball Diamonds Soccer Fields Tennis Courts Track & Field Facilities Jungle Gyms/Swing Sets Open Space or Practice Fields 4(f) applies to the playground area, not the entire school campus School Playgrounds Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation 65 Slide 66 4(f) Publicly-owned and open to the public AND Serves organized or substantial walk-on activities determined significant for recreation Consult with OWJ to determine if playground area serves a public recreation purpose The OWJ is typically the superintendent A public agency or recreational organization may be authorized to use the playground area after school School Playgrounds Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation 66 Slide 67 NOT 4(f) Serves school activities and functions only OR Privately-owned and not opened to the public School Playgrounds Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation 67 Slide 68 4(f) Publicly-owned Designated or functions primarily for recreation Part of Approved Management Plan Review plan during early consultation with OWJ Helps determine primary purpose NOT 4(f) Primary purpose is for transportation Regardless if public or private Considered part of local transportation system Not considered significant for recreation Bikeways Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation 68 Slide 69 Improvement to an existing 4(f) property by a Transportation Enhancement Activity (TEA) Use does not occur when a project is designed to preserve or enhance existing activities, features, or attributes Consult with and obtain concurrence from the OWJ If a TEA permanently incorporates 4(f) property into a transportation facility, a use occurs Exception at 23 CFR 774.13(g) Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation Transportation Enhancements 69 Slide 70 4(f) Publicly-owned, operated and managed for the primary purpose of public recreation NOT 4(f) Privately owned Even if open to the public Golf Courses Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation 70 Slide 71 POINTS TO REMEMBER Courses owned by public agencies but managed and operated by private entities may be subject to 4(f) Review lease agreement Greens-fees or tee times do not alter requirements of public ownership/access and recreation significance Courses listed as historic sites are not subject to public ownership and access requirements Military golf courses not subject to 4(f) Golf Courses Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation 71 Slide 72 Publicly-owned properties of this nature are not considered parks, recreation areas, or refuges Not subject to 4(f) unless an historic site Publicly-owned zoos evaluated case-by-case Review Management Plan Considered significant for park, recreation area, or historic site Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation Museums, Aquariums and Zoos 72 Slide 73 4(f) Open to the public and functions primarily for public recreation other than an annual fair Applies only to the portion(s) of land significant for park or recreational purposes NOT 4(f) Functions primarily for commercial purposes: Stock Car Races Horse Racing County or State Fairs Fairgrounds Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation 73 Slide 74 Defined as: A river and the adjacent area within the boundaries of a component of the National Wild & Scenic Rivers System Lands in National Wild & Scenic River corridors managed for multiple purposes may be subject to 4(f) Contingent on manner in which they are managed Four Federal agencies manage WSR corridors: U.S. Forest Service National Park Service (NPS) U.S. Fish and Wildlife Service (USFWS) Bureau of Land Management Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation Wild & Scenic Rivers 74 Slide 75 WSR corridors can have three designations: Wild Scenic Recreational When determining 4(f): Review river designation Review how the river is being used Review management plan WSR designation does not in itself invoke 4(f) in the absence of significant 4(f) attributes and qualities Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation Wild & Scenic Rivers 75 Slide 76 4(f) Portions of land designated for recreation or other 4(f) purposes within a WSR Corridor Review management plan NOT 4(f) Rivers under study (unless significant for above) No approved Management Plan Lands within WSR corridor not open to the public Primary purpose related to non-4(f) activities Wild & Scenic Rivers Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation 76 Slide 77 4(f) Publicly-owned AND OWJ has designated and determined property to be significant for park, recreational area, or refuge Must be part of a master plan Desire or intent to designate is not sufficient NOT 4(f) Privately owned Planned 4(f) Properties Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation 77 Slide 78 Public easements in perpetuity considered publicly- owned land for the purpose the easement exists Lease agreements may constitute permanent and proprietary interests Consult with FHWA For conservation easements, FHWA considers ownership, significance, and major purpose Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation Easements & Lease Agreements 78 Slide 79 SECTION 4(f) PROGRAMMATIC AGREEMENT Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation 79 Slide 80 Ohio was the first State DOT to create an agreement with FHWA specific to 4(f) October 2001 Applies to all levels of environmental classifications Applies only to federally-funded projects Revised agreement executed 8/24/2012 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation Background 80 Slide 81 Processes Non-Individual Section 4(f) Actions Defines responsibilities regarding Documentation, Public Involvement (PI), Training, and Monitoring Establishes OWJ consultation process Establishes procedures to expedite project delivery per Every Day Counts (EDC) initiatives Ensures regulations are properly met What it Does for ODOT Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation 81 Slide 82 Does not delegate FHWA responsibility for making a final 4(f) approval FHWA can grant advanced approval for actions described in the agreement ODOTs determination based on conditions of the advanced approval ends the paperwork process, unless objection is received All documentation uploaded to Online CE project file or via other electronic means PI requirements better defined de minimis Highlights Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation 82 Slide 83 Establishes processing and documentation of exceptions in accordance with 23 CFR 774.13 Establishes a concurrent review process for de minimis determinations for historic sites FHWA review time matches timeframe allotted for SHPO review per Section 106 PA 15 calendar days If no objection received from FHWA upon SHPO concurrence, the determination is considered complete upon notification to FHWA Highlights Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation 83 Slide 84 SECTION 6(F) LAND & WATER CONSERVATION FUND ACT (LWCF) Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation 84 Slide 85 Preserve, develop, and assure accessibility to all outdoor recreation resources Strengthen health and vitality Provide funds for and authorize federal assistance in the planning, acquisition, and development of certain land and water areas and facilities Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation LWCF Purpose 85 Slide 86 Established by Congress in 1965 Comprised of revenue from offshore oil and gas leasing, not taxpayer dollars Program divided into two parts: Grants to State and local governments Federal acquisition of lands, waters, and interests necessary to achieve the natural, cultural, wildlife, and recreation management objectives of the NPS and other federal land management agencies Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation Background 86 Slide 87 Over $14.4 billion granted to state and local governments to acquire new lands for recreation Over 40,000 grants approved Over 3 million acres of lands purchased and protected for recreation purposes Over 29,000 projects have developed basic recreation facilities in every state and territory Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation Background 87 Slide 88 LWCF Act contains strong provisions to protect federal investments and quality of resources Discourages casual "discards" of park and recreation facilities by ensuring that alterations or "conversions from recreation use" will bear a cost Assures taxpayers that investments in the "national recreation estate" will not be squandered Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation Regulatory Protection 88 Slide 89 Section 6(f)(3) No property acquired or developed with LWCF shall be converted to non-public outdoor recreation uses Such conversion will only be approved if: In accordance with an existing Statewide Comprehensive Outdoor Recreation Plan (SCORP) AND Only upon such conditions as deemed necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation Regulatory Protection 89 Slide 90