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SAFETEA-LU Section 6009 Implementation Study Section 4(f) Amendments

SAFETEA-LU Section 6009 Implementation Study Section 4(f) Amendments. SAFETEA-LU Section 6009. Evaluation Study Implementation of Section 6009: Efficiencies that may result Post-construction effectiveness of impact mitigation and avoidance commitments

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SAFETEA-LU Section 6009 Implementation Study Section 4(f) Amendments

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  1. SAFETEA-LU Section 6009 Implementation StudySection 4(f) Amendments

  2. SAFETEA-LU Section 6009 • Evaluation Study Implementation of Section 6009: • Efficiencies that may result • Post-construction effectiveness of impact mitigation and avoidance commitments • Quantity of projects with impacts that are considered de minimis, including … … location, size, and cost of the projects

  3. Implementation Study • Independent review by TRB of the study plan, methodology, and associated conclusions • Report to Congress, DOI and ACHP; and make available to the public • No sooner than August 10, 2008 • No later than March 1, 2010

  4. Study Phases • Phase I • De minimis impacts: will address the first three years of implementation • Feasible and prudent alternative standards: review the process used to develop the regulations

  5. Study Phases • Phase II • Feasible and prudent alternative standard: implementation of the new regulations from April 11, 2008 through early 2010 • De minimis impacts: update and extend Phase I evaluation

  6. Research Areas • Time implications • Cost implications • Impacts to 4(f) properties … … including benefits and enhancements • Impacts on transportation projects • Institutional issues

  7. Data Collection • Baseline Data • Basic, factual and required information • Project data, cost, 4(f) resources • Supporting Data • Mitigation and/or enhancement measures • Additional relevant information and comments about the project and the de minimis impact findings • Ongoing Data Collection • Quarterly division reporting needed

  8. Preliminary Data • 237 projects with de minimis impact findings • Number of de minimis impact findings per project: • 1 finding – 184 projects • Multiple findings – 53 projects • 11 projects with de minimis impact findings have completed construction

  9. Preliminary Data(cont’d) • Class of Action • CE – 191 or 81% • EA – 36 or 15% • EIS – 4 or 2% • Reevaluation – 6 or 3%

  10. Preliminary Data (cont’d) • Types of 4(f) Property • Historic properties – 167 or 67% • Parks – 58 or 23% • Recreation areas – 21 or 8% • Wildlife refuges – 3 or 1%

  11. Study Sample • Objectives • Obtain accurate depiction of issues and impacts of de minimis impact provision implementation • Select representative sample of the 41 FHWA divisions, 2 FHWA Federal Land divisions, and 2 FTA regions with findings to evaluate (could include site visits)

  12. Schedule • Phase I • Draft Study Report and Phase II plan to TRB for review and comment November / December 2008 • Final Report to Congress March / April 2009 • Phase II • Conduct Evaluation March to October 2009 • Draft Study Report to TRB for review and comment October / November 2009 • Final Report to Congress by March 1, 2010

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