9629

• UCREFRP Catalog Number: 9629
• Author: U.S. Fish and Wildlife Service.
• Title: Selected NEPA Documents.
• USFW Year: 1993.
• USFW - Doc Type: \
• Copyright Material: NO

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A. Authorities.
(1) The Service and Department review federally-funded activities under
the jurisdiction of the Department of Transportation (DOT) under several
authorities, including NEPA. These authorities are listed below.
(a) 49 U.S.C. 1653(f), Department of Transportation Act of 1966, section
4(f).
(b) 23 CFR 771 and 777, Federal Highway Administration regulations for.
implementing section 4(f) of the Department of Transportation Act of 1966.
Terms particular to section 4(f) are found in 23 CFR 771.107.
B. Section 4(f) responsibilities.
(1) Section 4(f) of the DOT Act declares that the Secretary of DOT shall
not approve any program or project requiring use of any publicly-owned land
from a public park, recreation area, wildlife or waterfowl refuge, or
historical site of national, State, or local significance, unless there is
no feasible and prudent alternative, and such program or project includes
all possible planning to minimize harm.
(2) Section 4(f) of the Department of Transportation Act of 1966 applies
to all DOT activities, including activities under the purview of the
Federal Highway Administrations, the Federal Aviation Administration, Urban
Mass Transportation Administration, and the Coast Guard, as well as the
Interstate Commerce Commission.
(3) The Secretary of DOT must cooperate and consult with the Secretary of
the Interior in developing transportation plans and programs that include
measures to maintain and enhance the natural beauty of the lands traversed.
DOI procedures for reviewing comments on FHWA proposals are found in DOI
Environmental Review Memoranda ER 75-2 and 75-3, July 21, 1975, and August
15, 1975, respectively (refer to Service NEPA Reference Handbook).
(4) Airport projects are subject to provisions of section 4(f), as well as
section 16 of the Airway Development Act of 1983 (refer to Service NEPA
Reference Handbaak). Both Acts address consultation requirements with the
Secretary. In general, Service comments relative to section 4(f) and FAA's
NEPA document suffice in meeting both requirements.
C. How to Comment on Section 4(f) Statements. Section 4(f) statements are
generally accompanied with an~environmental document. The Service comments
on each document separately, but includes the responses together in the
transmitted response to the action agency.
(1) Service section 4(f) comments must indicate the Service position on
the adequacy of the statement as it relates to the two provisions.
(a) Does the Service concur that there are no feasible and prudent
alternatives to the use of the section 4(f) property? Or should DOI's
comments be deferred until additional information is provided?