Section 4(f) and Section 6(f)

Section 4(f)

Section 4(f) of the Department of Transportation Act

Section 4(f) is part of The Department of Transportation (DOT) Act of 1966. Section 4(f) specifies that FHWA cannot approve the use of land from publicly owned parks, recreational areas, wildlife and waterfowl refuges, or public and private historical sites unless there are no existing feasible and prudent alternatives to the use of the land and the proposed action includes all possible planning to minimize harm to the property.

For more information about Section 4(f), refer to the FHWA Section 4(f) Tutorial

NEPA Process

The US DOT requirements for documenting Section 4(f) analysis and approvals are incorporated into FHWA regulations, guidance and policy. The FHWA's procedures regarding the preparation and circulation of Section 4(f) documents is contained in 23 CFR 774 and FHWA's Technical Advisory, T 6640.8A, Guidance for Preparing and Processing of Environmental and Section 4(f) Documents.

Section 4(f) documentation and processing requirements vary depending on the type of Section 4(f) property used and whether or not the use meets the criteria of a de minimis analysis impact (23 CFR 774.17). However, all situations that involve Section 4(f) use will necessitate some degree of documentation, either analysis in the NEPA document or in a separate Section 4(f) evaluation.

Guidance

Section 6(f) of the Land and Water Conservation Fund  Act

Section 6(f) is included in the Land and Water Conservation Fund Act (LWCF) of 1965.  The LWCF is a federal program that was established by Congress in 1964 to provide funds and matching grants to federal, state and local governments for the acquisition of land and water, and easements on land and water, for the benefit of all recreating Americans.  The income for the LWCF comes largely from Outer Continental Shelf mineral receipts.  The LWCF is administered by the Department of Interior’s National Park Service (NPS).   The NPS oversight pertains to projects that would cause impacts on or the permanent conversion of recreational property acquired with LWCF monies.  Under Section 6(f), it is prohibited to convert property acquired or developed with LWCF grant money to non-recreational purposes without approval from the NPS.  Section 6(f) is discussed with Section 4(f) because, in some cases, Section 4(f) resources have received assistance from the LWCF.