An individual Section 4(f) evaluation (otherwise known simply as an evaluation) has two parts—a draft and a final version—both of which must be submitted to the Department of Transportation (DOT), the Federal Highway Administration (FHWA) division office. FHWA's final Section 4(f) determination is subject to a legal sufficiency review by FHWA's Office of Chief Counsel.

For projects processed with an EIS or an EA/FONSI, the evaluation should be submitted as a subsection of the NEPA document (see evaluation flow chart), where pertinent summaries from various sections of it are included.

For projects eligible for CE classification, the evaluation should be a separate document. Other projects that require the evaluation to be submitted separately include those with design changes that were made after the CE, FONSI or EIS was processed, and those in which design modifications significantly increase the use of Section 4(f) land after the original Section 4(f) approval.

However you process your evaluation, whether independently or as a subsection of another document, you must submit a draft that evaluates alternatives which avoid the use of the Section 4(f) resource, followed by a final version that discusses—if applicable—the basis for any determination that a Section 4(f) avoidance is not feasible and prudent.

This is not true for programmatic evaluations, which require one version only. If you have a project with minor impacts, be sure to check and see if it qualifies for a programmatic evaluation.

evaluation flowchart