Among the basic types of resources protected by Section 4(f) are historic
sites, or what we refer to as cultural
resources—a broader term that includes not only historic sites,
per se, but also historic structures, archeological sites and other
resources. (Note that throughout this document the two terms—historic
sites and cultural resources—are synonymous.) In order
to qualify for protection under Section 4(f), a cultural resource must
meet the following criteria:
Unlike the other two basic Section 4(f) resource categories—parks
and recreation areas, and refuges—cultural resources do not require
public ownership in order to qualify for protection under Section 4(f).
Section 4(f) protects cultural resources that are on or eligible for
the NRHP—except for archeological sites (see archeological
Resources below), which may or may not be protected. However,
cultural resources do not necessarily have to be on the NRHP to qualify
for protection.
DEFINING CRITERIA
It Must be of National, State or Local Significance
A resource is considered significant if it is on or eligible for the
NRHP. Resources that are of state or local significance and are not
on the NRHP require additional documentation and coordination with the
Department
of Transportation (DOT) and the official with jurisdiction, and
must be addressed on a case-by-case basis. The DOT decides whether or
not a cultural resource is locally significant based on information
from the official with jurisdiction and the State Historic Preservation Officer (SHPO) or local preservation
agencies.
Property that is impacted within a historical or archeological district
must either be significant in itself or significant in the overall historical
context of the district in order to qualify for Section 4(f) protection.
Its Protection Must be Considered Appropriate
The DOT, in cooperation with the state transportation agency, consults
with the SHPO and others, if necessary, to determine whether a site
is or should be eligible
for the NRHP. If the property is not eligible, it can still be protected
by Section 4(f) if an official with concern for the resource, such as
a director of a local historical society, provides information indicating
that the resource is significant at the state or local level. The DOT
can use the information to determine whether or not the property will
be protected. Ultimately, the DOT needs to use documentation provided
by the state transportation agency in its final decision.
CULTURAL RESOURCES & SECTION 106
Section 106 of the National Historic Preservation Act of 1966 mandates
consideration of a project's effect on cultural resources in much the
same way as Section 4(f). Because of their similarities, the relationship
between Sections 4(f) and 106 is commonly a source of confusion.
The most important connection between the two statutes is that the
Section 106 process is generally the method by which a cultural resource's
significance is determined for a federal undertaking under Section 4(f).
The results of the Section 106 process are used to determine whether
or not Section 4(f) applies to historic properties. These results—including
the delineation of NRHP boundaries, the identification of contributing
and non-contributing elements within the boundary of a historic district
and, to a lesser extent, the reasons why a property is eligible—are
a critical part of determining the applicability and outcome of the
Section 4(f) evaluation.
The most important difference between the two statutes is the way each
of them measures impacts to cultural resources. Whereas Section 106
is concerned with adverse
effects, Section 4(f) is concerned with use.
The two terms are not interchangeable.
Although they are separate statutes, Section 106 is an integral part
of Section 4(f). You will find a more in-depth discussion of their relationship
in Related Statutes.
CULTURAL RESOURCE LIST
Here is a list of cultural resources you are likely to
encounter:
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Historic Sites
A historic site, also commonly referred to as a standing structure,
is an above-ground building, structure or object that contributes
to our cultural past.
Historic Bridges and Highways
Historic bridges and highways are protected under Section 4(f) in
the event that their existence or historic integrity (the criteria
for which they are designated historic) is impacted by a transportation
project. As long as there is no such threat, repairs, rehabilitation,
and improvements can proceed without Section 4(f) restrictions.
Back to List
Archeological Resources
Section 4(f) applies to archeological sites that warrant preservation
in place and are on or eligible for the NRHP. It does not apply
to archeological sites that have minimal value for 
preservation
in place, and whose primary importance stems from what they reveal
through data excavation.
Judgments about a site's importance and preservation value are
made by the FHWA after formal consultation with the SHPO and the
Advisory
Council on Historic Preservation (ACHP).
In the event that an archeological site which warrants preservation
in place is discovered during construction, the Section 4(f) process
can be expedited. Specifically, the coordination and review process
is typically shortened, and the level of investment already made
becomes a factor in determining feasible
and prudent alternatives.
For late discoveries of cultural resources during construction,
the National Park Service provides emergency procedures.
Back to List
Historic and Archeological Districts
Historic and archeological districts are considered Section 4(f)
resources if their property is deemed significant. An individual
property within a historic or archeological district is significant
if it is on or eligible for the NRHP, or if it is an integral part
or contributing element of the district.
For historic districts, use
of a Section 4(f) resource would need to meet the following conditions:
Evaluation of this criteria requires coordination and consultation
with the SHPO, as well as thorough documentation of the property's
role within the district and its own historic significance (or lack
thereof).
For archeological districts, an archeological resource would not
be considered impacted if, after consultation with SHPO, FHWA makes
one of the following determinations:
-
The portion of the resource that is occupied does
not adversely affect the integrity of archeological district.
-
The resource occupies a portion of the archeological
district that (1) has importance only for what can be learned
through excavation, and (2) has minimal value for preservation
in place.
Back to List
Historic Trails
Only lands or sites adjacent to historic trails which are on or eligible
for the National Register of Historic Places are subject to Section
4(f). Otherwise (pursuant to Public Law 95-625), national historic
trails are exempt from Section 4(f).
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