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Wildlife Management Areas
Wildlife management areas often serve the same functions as wildlife
refuges—namely, protection and sanctuary for wildlife. If a management
area's primary purpose is that of a refuge, it is protected by Section
4(f).
In cases where local, state or federal laws do not make a clear distinction between refuges and wildlife management areas, an examination of any property in question may be necessary to determine its primary purpose.
Names And Other Ambiguities
Like many recreation areas, wildlife management areas may be
identified by a variety of names, including wildlife reserve, wildlife
preserve, sanctuary, production area and demonstration area.
We said in the introductory page of the Resources section that a resource's Section 4(f) status is determined by the criteria that define it, not by its name. However, understanding the rationale behind a resource's name may offer a clear indication of its purpose and help the Department of Transportation (DOT) to determine its Section 4(f) applicability.
So regardless of its name, a wildlife management area is protected
if its main purpose is that of a refuge. To determine the main purpose
of a management area, find out if there is a management plan, and
consult with the official
with jurisdiction.
NOTE: In some cases, laws may differentiate between refuges and management areas, especially at the state level. So be careful.
Multiple Use
In cases where multiple public
use applies, certain portions of a property may be protected by
Section 4(f). A final determination of Section 4(f) applicability
will require correspondence with the official with jurisdiction and
the DOT, along with relevant documentation and a review of a management
plan.
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School Playgrounds
School
playgrounds may qualify as Section 4(f) resources if they meet the
four conditions of a park or recreation area (must be publicly
owned, must be open to the public, major purpose must be recreation,
must be considered significant).
Since most school playgrounds are publicly owned (excluding private
schools) and the major purpose of a playground is recreation, Section
4(f) applicability generally hinges on the two remaining criteria:
is the playground open to the public, and is it considered significant?
If the playground is available to the general public (not just to students of the school) for organized recreational purposes such as ballgames and other sporting events, it is considered open to the public. School playgrounds protected under Section 4(f) need to support substantial organized or officially sanctioned recreation opportunities or sporting events. You must formally communicate with the school authorities in order to determine the type and frequency of recreational use.
The question of significance begins with the official with jurisdiction
over the property and usually involves communication between the school
board and the agency responsible for managing the school (such as
the department of education or the recreation and parks division).
Ultimately, documentation of the playground's role in the community
is a key factor in the final ruling.
If you encounter a scenario in which a project involves use of a playground
at a private school, keep in mind that private school property is
not protected under Section 4(f), since it is not publicly owned—even
if the school allows some general public use of its property.
Fairgrounds
Publicly owned fairgrounds can only be considered Section 4(f) resources
if they are designated for general recreational purposes. Furthermore,
among the fairgrounds that qualify as such, only the portion of the
resource that is determined to be significant for recreational purposes
is protected. Publicly owned fairgrounds that host state or county fairs,
automobile races, or other commercial ventures are not considered Section
4(f) resources.
Public Multiple Use Land Holdings
It is not uncommon for lands such as state and national forests to have
multiple designated uses, including recreation and historic preservation.
Such lands are referred to as public multiple use land holdings (multi-use
land holdings).
An example of a multi-use land holding would be a state forest where most of the property is managed for timber production while a small portion is set aside as a recreational resource, and another small portion as a cultural resource. Likely multi-use land holdings include national forests, national parks, Bureau of Land Management (BLM) lands, and the US Army Corps of Engineers (USACE) water impoundment projects.
Rivers
that are not protected by Section 4(f) include those that are still
under consideration for designation by the 
properties,
the statute may also apply. For example, when lakes are used for park,
recreation, or refuge activities, Section 4(f) applies to those portions
of the water used for the activity. 
indicates
that such a bikeway is not significant for recreational use. Section
4(f) may not apply to recreational bikeways that are part of highway
federal,
state and local levels. The National Trails Systems Act was established
by Congress in 1968 to provide for recreation, public access, enjoyment
and appreciation of the open-air, outdoor areas and historic resources
of the nation. Currently, there are 19 National Scenic and Historic
Trails throughout the country that are governed under the act (as
amended) and its provision. Two of them are in Maryland, including
the Appalachian Trail and the Potomac Trail. All of them are protected
by Section 4(f). Other publicly owned trails are protected by Section
4(f), as well, including some along parks or transportation corridors
such as highways. If a trail is part of a highway ROW and does not
incur substantial impacts, Section 4(f) would not apply.
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