774.3 - Section 4(f) Approvals

1. 774.3 - Section 4(f) Approvals

2. De Minimis Impact Example 23 CFR 774.3(b)

3. Individual Section 4(f) Evaluations 23 CFR 774.3(a) & (c)

4. Is the Avoidance Alternative Prudent? 4(f) property Relative value of the property P & N Safety Impacts ? Cost

5. Weighs the drawbacks and benefits of the “bad” alternatives against each other to select an alternative when avoidance is not available Harm to 4(f) properties is weighted more heavily than other impacts Two recent court decisions endorse the view that what matters is the “net” harm after mitigation Technical correction effective July 3 clarifies that rejected avoidance alternatives are not re-considered as part of the least overall harm determination The Least Overall Harm Determination: 23 CFR 774.3(c)(1)

6. For Projects Already in Development: • Grace period is over – 23 CFR 774 is in effect • You will need to add documentation • Pay special attention to: • Feasible and Prudent Avoidance Alternatives • Least overall harm • All possible planning to minimize harm • FHWA and FTA field and HQ offices available for assistance

7. A Yes B C

8. 1 2 3

9. X Z