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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(b) Does the Service concur that the project includes all possible
measures to minimize harm to the section 4(f) property? If not, we should
identify the inadequacy and provide any additional measures we feel are
needed (i.e., land replacement, landscaping, fencing, facility replacement
and/or relocation, and wetland drainage prevention).
(2) The Service's detailed analysis of the two provisos and the propriety
of any section 4(f) approval by DOT should be outlined in a separate
section of the Service's comments on the EIS or environmental assessment
(EA). The separate section should be titled "Section 4(f) Comments." The
"Summary Comments" section should specifically state that the Service
either: does not object, does not object with conditions, or objects to
section 4(f) approval at this time because DOT would not consider and/or
implement Service recommendations of a reasonable and prudent nature to
comply with one or both provisos. A sample DOI letter commenting on a
section 4(f) statement/EIS is found in the Service NEPA Reference Handbook.
(3) Service section 4(f) comments should address any inadequacies in the
following:
(a) identification of section 4(f) properties in the project's zone of
adverse impact; and
(b) determination of the significance of these properties [all Service
lands, including hatcheries and refuges, and land acquired with Federal Aid
funds and FWCA mitigation lands, are significant in the context of section
4(f)j.
(4) identification and evaluation of alternatives to the use of section
4(f) properties;
(5) assessment of environmental impacts;
(6) identification of circumstances where "constructive use" may occur;
(7) mitigation measures; and
(8) consultation and coordination with the Service in the assessment of
impacts and in the resolution or tentative agreement on measures to
minimize harm to any Service properties.
D. When Applicability of Section 4(f) is in Question.
(1) In some situations, FHWA may question whether section 4(f) is
applicable because of the nature of the section 4(f) area or because of the
nature of "use." In such situations, Service comments should furnish facts
and information, express our opinion, and request a formal opinion relative
to the applicability of section 4(f). DOI's position is that section 4(f)
applies to the following lands within the jurisdiction of the Service:
(a) all lands authorized, established, or administered as part of the
National Wildlife Refuge System;