U.S. Department of Transportation
Federal Highway Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
202-366-4000


Skip to content U.S. Department of Transportation/Federal Highway AdministrationU.S. Department of Transportation/Federal Highway Administration

MAP-21 - Moving Ahead for Progress in the 21st Century

Home / MAP-21 / Guidance / Guidance on Section 4(f) Exception for Federal Lands Transportation Facilities

Guidance on Section 4(f) Exception for Federal Lands Transportation Facilities


DOT Logo
U.S. Department of
Transportation
Federal Highway
Administration

Memorandum

Subject: Information: FLH Guidance on Section 4(f) Exception for Federal Lands Transportation Facilities under MAP-21 Date: November 20, 2012
From: Joyce A. Curtis
Associate Administrator for Office of Federal Lands Highway
In Reply Refer To: HFL-1
To: Federal Lands Highway
Division Engineers

The purpose of this memorandum is to provide guidance related to a Section 4(f) exception for Federal lands transportation facilities. Section 1119(c)(2) of MAP-21 modifies 23 U.S.C. 138(a) as follows:

After the effective date of the Federal-Aid Highway Act of 1968, the Secretary shall not approve any program or project (other than any project for a park road or parkway under section 204 of this title Federal lands transportation facility) which requires the use of any publicly owned land from a public park, recreation area, or wildlife and waterfowl refuge of national, State, or local significance as determined by the Federal, State, or local officials having jurisdiction thereof, or any land from an historic site of national, State, or local significance as so determined by such officials unless (1 there is no feasible and prudent alternative to the use of such land, and (2) such program includes all possible planning to minimize harm to such park, recreational area, wildlife and waterfowl refuge, or historic site resulting from such use.

"Federal lands transportation facility" is defined in section 1103(a)(3) MAP-21 (23 U.S.C. 101(a)(8)):

(8) FEDERAL LANDS TRANSPORTATION FACILITY.—The term 'Federal lands transportation facility' means a public highway, road, bridge, trail, or transit system that is located on, is adjacent to, or provides access to Federal lands for which title and maintenance responsibility is vested in the Federal Government, and that appears on the national Federal lands transportation facility inventory described in section 203(c).

This provision will be implemented as follows:

We look forward to implementing this important MAP-21 provision, which will accelerate our project delivery process while still protecting our valuable public lands. Please contact Terry Haussler at 202-366-9478 if you have any questions.

Page last modified on September 12, 2013.
Federal Highway Administration | 1200 New Jersey Avenue, SE | Washington, DC 20590 | 202-366-4000