U.S DOT Section 4(f) Toolkit
Section 4(f) of the U.S. Department of Transportation Act (U.S. DOT ACT) protects publicly owned and accessible parks, recreation areas, and wildlife and waterfowl refuges and historic sites, regardless of ownership and accessibility. Local governments, consultants, and TxDOT staff use these tools to address the requirements of the FHWA regulations promulgated in Code of Federal Regulations (CFR) as Title 23 Part 774.
Accessing documents
| Title | Date | Description |
| Brochure - Section 4(f) Exceptions for Public Parks, Recreation Lands, Wildlife & Waterfowl Refuges, and Historic Sites (23 CFR 774.13) | 01/21 | Provides guidance and information related to the 4(f) Exceptions and examples to assist staff in determining the appropriate exception to apply to a project. |
| Checklist: Section 4(f) Exceptions for Parks, Recreation Areas, Wildlife or Waterfowl Refuges, and Historic Sites | 09/26 | Used to streamline the Section 4(f) Exception Process and ensure that all necessary information is documented in the project file |
| Letter Template: Notification of Intent to Pursue an Exception for Temporary Occupancy | 02/26 | Used by project sponsors to prepare a letter notifying the State Historic Preservation Officer (SHPO) or the OWJ of the intent to pursue an exception for temporary occupancy |
| Letter Template: Notification of Intent to Pursue an Exception for Transportation Enhancement Activities, Transportation Alternatives Projects, and Mitigation Activities | 02/26 | Used by project sponsors to prepare a letter notifying the OWJ of the intent to pursue an exception for transportation enhancement activities, transportation alternatives projects, and mitigation activities |
| Title | Date | Description |
| Brochure – Section 4(f) De Minimis for Public Parks, Recreation Lands, Wildlife & Waterfowl Refuges, and Historic Sites (23 CFR 774.3) | 01/21 | Provides guidance and information related to the Section 4(f) de minimis process. |
| Checklist: Section 4(f) De Minimis for Public Parks, Recreation Lands, Wildlife & Waterfowl Refuges, and Historic Sites | 09/26 | Used to streamline the Section 4(f) De Minimis Process and ensure that all necessary information is documented in the project file |
| Letter Template: Request of Official with Jurisdiction's Concurrence on a Section 4(f) De Minimis Determination for a Park, Recreation Area or Refuge | 02/26 | This template is used to prepare a request for the Official with Jurisdiction’s concurrence on a Section 4(f) de minimis determination for a Park, Recreation Area, or Refuge |
| Template: Notice of Proposed Section 4(f) De Minimis Determination for Parks | 08/26 | This template should be used ONLY in the very unusual situation in which a Section 4(f) determination for a park, recreation area, or wildlife or waterfowl refuge is proposed and this separate notice is required because NO public meeting, opportunity for public hearing, or public hearing is being held. |
| Title | Date | Description |
| U.S. DOT Act Section 4(f) Programmatics Matrix | 03/26 | Illustrates the five different types of Section 4(f) Programmatic Agreements, their applicability, what alternatives if any need to be evaluated, and any public involvement requirements |
| FHWA Environmental Review Toolkit: Nationwide Section 4(f) Programmatic Evaluations | Provides FHWA guidance through five links that each go to a webpage dedicated to one of the five programmatics | |
| Checklist: Section 4(f) Programmatic Evaluation of Historic Bridge Projects | 09/26 | Used to document all alternatives were fully evaluated and the project conforms to regulatory completeness as set forth by regulations prescribed by Section 4(f) of the U.S. DOT Act |
| Historic Bridge Section 4(f) Guidelines and Documentation Standards | 12/22 | Assists practitioners in preparing a Section 4(f) evaluation for a project affecting an historic bridge by providing recommendations on gathering technical and engineering information for establishing the purpose, need and sufficient justification for the alternatives considered and measures to minimize harm |
| Checklist: Programmatic Net Benefit (parks, recreation areas, refuges) | 09/26 | Used to document and make recommendations and determinations regarding compliance with Section 4(f) Programmatic Net Benefit (23 CFR 774.3(d)) |
| Checklist: Section 4(f) Net Benefit Programmatic for Historic Sites | 09/26 | Used to document and make recommendations and determinations regarding compliance with Section 4(f) Programmatic Net Benefit (23 CFR 774.3(d)) |
| Title | Date | Description |
| Documentation Standard for an Individual Section 4(f) Evaluation | 07/23 | Used to prepare an individual Section 4(f) evaluation and the documentation recording the basis for determining the required Section 4(f) findings for FHWA projects that impact parks, recreation areas, wildlife and waterfowl refuges, and historic sites |
| Title | Date | Description |
| FHWA Section 4(f) Policy Paper | 07/12 | Provides a primary resource, released by FHWA, of guidance for applying the requirements of 23 CFR 774 to transportation projects |
| AASHTO Practitioner’s Handbook: Complying with Section 4(f) of the U.S. DOT Act (Number 11) | Provides guidance, developed by American Association of State Highway and Transportation Officials (AASHTO), to assist practitioners with managing all aspects of compliance with Section 4(f) | |
| Code of Federal Regulations, Title 23, Part 774: Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Historic Sites Section 4(f) | Codifies FHWA and Federal Transit Authority (FTA) regulations for complying with Section 4(f) of the U.S. DOT Act | |
| FHWA Tech Advisory T 6640.8A: Guidance for Preparing and Processing Environmental and Section 4(f) Documents | Provides guidance, developed by FHWA, to FHWA field offices and project applicants concerning the preparation and processing of environmental and Section 4(f) documents |