This memorandum transmits copies of a Section 4(f) policy paper (attachment 1) which provides comprehensive guidance on the preparation of Section 4(f) evaluations. The guidance does not set forth any new policy and is merely a compendium of our current policy positions, which are based on a combination of (1) the basic requirements of the statute, (2) prevailing case law resulting f rom litigation, and (3) 21 years of ad hoc decisions on project-by-project application.

The policy paper is not regulatory. It provides instructional guidance on when and how to apply the provisions of Section 4(f). The Section 4(f) policy paper should be inserted in Section 24 of Volume 3 of the Environmental Guide Book. Pages 27 and 28 of Section 24 should be deleted. The Section 4(f) policy paper will also be included in the textbook for the Environmental Documents training course.

A draft of the policy paper was circulated to FHWA field offices for review and comment in June 1985. We greatly appreciate the field office input received in developing the policy paper. We coordinated the policy paper with the Office of the Secretary of Transportation and the Department of the Interior (DOI). The DOI indicated it agreed with much of the policy paper; however, there were still some areas (constructive use, wild and scenic rivers, wildlife management areas, and historic and archeological sites) where it disagrees with our interpretation and application of between the FHWA and Section 4(f).

Attachment 2 explains the differences between the FHWA and DOI positions.

/Original Signed By/

Ali F. Sevin

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