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49 USC 303. Policy on lands …

49 USC 303. Policy on lands …. (c) Approval of Programs and Projects.-- Subject to subsection (d) , the Secretary may approve a transportation program or project … requiring the use of [Section 4(f) property] … only if-- (1) there is no prudent and feasible alternative to using that land; and

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49 USC 303. Policy on lands …

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  1. 49 USC 303. Policy on lands … (c) Approval of Programs and Projects.--Subject to subsection (d), the Secretary may approve a transportation program or project … requiring the use of [Section 4(f) property] … only if-- (1) there is no prudent and feasible alternative to using that land; and (2) the program or project includes all possible planning to minimize harm … (d) De Minimis Impacts.--

  2. “[T]he few green havens that are public parks were not to be lost unless there were truly unusual factors present in a particular case or the cost or community disruption resulting from alternative routes reached extraordinary magnitudes.” Citizens to Preserve Overton Park v. Volpe

  3. Suggested Procedure Identify all Section 4(f) properties in the project area with 774.11 and the Policy Paper Identify all “uses” for each alternative with 774.17, 774.15, 774.13, and the Policy Paper

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