Section 4f

Refuges are among the three basic types of resources protected by Section
4(f). In order to qualify as a refuge under the statute, a resource must meet the following criteria:

It must be publicly owned
Its major purpose must be that of a refuge
It must be significant as a refuge

IT MUST BE PUBLICLY OWNED
As you might expect, public ownership in Section 4(f) refers to ownership by a local, state or federal government agency. However, the idea of Savage River Reservoir, Big Run State Park ownership does not necessarily mean that the government has a proprietary interest in the land, although it may. Public ownership can also mean that a government entity simply has a legal interest in the land, such as a perpetual easement for conservation purposes, for example. In cases where this broader, more ambiguous concept of ownership is applied, it will be necessary to review deed plans and other records to determine whether or not a piece of land is publicly owned.

Section 4(f) identifies three types of public ownership 4(f):

Fee Simple Ownership
the land is solely owned by a government entity
Public Easement for Section 4(f) Purposes
the land is not necessarily owned by a government agency, but the agency possesses an easement for Section 4(f) activities (such as recreation or historic preservation)
Lease Agreement for Section 4(f) Purposes
similar to a public easement but with a lease agreement typically intended for a finite period of time

ITS MAJOR PURPOSE MUST BE THAT OF A REFUGE
Refuges are resources designated for the protection of specific wildlife species. They are similar to recreation areas in the respect that they are publicly owned, they are considered significant (although for different reasons), and they may be used for recreational purposes. However, they differ from recreation areas in the respect that their primary purpose is not for recreation but for wildlife protection. Some refuges are actually closed to the public, because human contact may be detrimental to certain species.

In order to determine whether a resource's major purpose is that of a refuge, you will have to review its master plan to see if the purpose is explicitly stated, and formally consult with the officials with jurisdiction over the land. The officials with jurisdiction over refuges are often the owners or administrators of the land, who may be one or more federal, state or local agencies.

IT MUST BE SIGNIFICANT AS A REFUGE
A determination of significance, as it applies to refuges, is usually made by the official with jurisdiction—as with recreation areas. Also as with recreation areas, this determination must be reviewed by the Federal Highway Administration (FHWA), who can reverse the determination if they see fit. Resources may be presumed significant in the absence of a determination by the official with jurisdiction.