Programmatic evaluations

Programmatic Section 4(f) evaluations can be used in place of individual evaluations for highway projects where uses are considered minor. A determination of minor use is generally based—for parks, recreation areas and refuges—on the size of the impact compared to the size of the resource. For cultural resources, it is based on the degree of adverse effect resulting from Section 4(f) use. To get a determination, you must consult with the appropriate official with jurisdiction over the resource.

The primary advantage of a programmatic evaluation is that it saves time. Unlike an individual evaluation, a programmatic evaluation does not require a draft, a comment period, or circulation, because its framework and basic approach has already been circulated and agreed upon by the US Department of the Interior (DOI). Project specific details are then applied to the programmatic to determine whether or not it can be used. Programmatic evaluations are usually approved much faster than individual evaluations.

Despite their differences, programmatic and individual evaluations are similar in their coordination with the Department of Transportation (DOT) and officials with jurisdiction . Other similarities include the formatting and level of detail and analysis required. It is important to note that programmatic evaluations are not exemptions from Section 4(f) compliance.

THE EVALUATIONS
To date, there are four programmatic evaluations that have been approved for use nationwide:

  1. Independent Bikeway or Walkway Construction Projects (approved May 23, 1977)
  2. Use of Historic Bridges (approved July 5, 1983)
  3. Minor Involvement with Public Parks, Recreation Lands, and Wildlife and Waterfowl Refuges (approved December 23, 1986)
  4. Minor Involvement with Historic Sites (approved December 23, 1986)

Additional programmatic evaluations may be approved by the FHWA for use on a national basis. For more information, go to www.fhwa.dot.gov.

STRUCTURE
While each of the four programmatic evaluations has unique requirements, they all share a common structure, which addresses the following issues:


Applicability
In order for a project to qualify for one of the four programmatic evaluations, the following conditions must be met:

  • The purpose of the project must be to improve the operational characteristics, safety, or physical condition of an existing highway.
  • Improvements must be on the same alignment.
  • Section 4(f) lands must be adjacent to the existing highway.
  • Use of land or proximity impacts must not harm the remaining Section   4(f) property.
  • Projects using land from a site purchased or improved with funds from the Land and Water Conservation Fund Act (LWCFA) or other similar laws—or land that is otherwise encumbered by federal interest—must be coordinated with the appropriate agency to determine the agency's position on the proposed land use.
  • The project must not be processed with an EIS.

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Evaluation of Alternatives
The project record must show that the following avoidance alternatives have been fully evaluated and are not feasible and prudent:

  • Do nothing (the no-build alternative)
  • Improve (or "rehabilitate") existing infrastructure without using Section 4(f) land
  • Change the proposed alignment or location in an effort to avoid Section 4(f) land

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Findings
The findings must be supported by circumstances, studies and consultations with the appropriate agencies. In general, they must demonstrate the following:

  • There are no feasible and prudent alternatives to using the 4(f) resource.
  • Any avoidance alternatives do not meet the purpose of the project.
  • Normal maintenance will not correct any deficiencies or hazards addressed by the project.

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Mitigation & Minimization
The proposed project must include all possible planning to minimize harm, and the official with jurisdiction must agree with the mitigation measures and the assessment of impacts from use.

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Coordination
Early project coordination is necessary with the official with jurisdiction, the State Historic Preservation Officer (SHPO) and other interested parties. When an individual bridge permit is required, coordination with the United States Coast Guard (USCG) is also necessary. Written agreement from the official with jurisdiction and cooperating agencies is essential. Unlike individual evaluations, programmatic evaluations require no circulation of the document and no 45-day comment period.

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Approval Procedures
The state transportation agency must determine (along with the Federal Highway Administration [FHWA]) and document that the project meets the following conditions:

  • the project meets applicability criteria for a programmatic evaluation
  • avoidance alternatives have been fully evaluated
  • no feasible and prudent avoidance alternatives exist
  • minimization and mitigation measures have been evaluated
  • coordination is complete and all agreements have been put into writing

No legal sufficiency review by the FHWA Chief Counsel is necessary for programmatic Section 4(f) approvals.

NOTE: Coordination and approval procedures are critical throughout the development of the programmatic Section 4(f) evaluation, not just after the document has been finalized.

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The navigation links below will open printable documents with detailed information for each approved nationwide programmatic Section 4(f) evaluation.


Checklist

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Evaluations