Flowchart for Questions and Answers on the Application of the Section 4(f) de minimis Impact Criteria

Suggested Section 4(f) de minimis Impact Determination Process for Parks, Recreation Areas, and Wildlife and Waterfowl Refuges

A physical take or constructive use of a Section 4(f) resource?	Constructive Use →	Section 4(f) Evaluation Required
Physical Take ↓
Include impact avoidance, minimization, and mitigation measures in consultation with the official(s) with jurisdiction.	Impact avoidance, minimization, and mitigation or enhancement measures may be required to reduce adverse impacts to the de minimis level. The de minimis impact finding requires all possible planning to minimize harm and is performed in consultation with the official(s) with jurisdiction.
Adverse effects on activities, features, and attributes of the Section 4(f) resource?	Yes →	Section 4(f) Evaluation Required
No ↓
Public notice and opportunity for review and comment. ↓	Public notice and opportunity for review and comment is required through the NEPA or other public involvement process, at an appropriate stage of the determination process.
Obtain written concurrence of official(s) with jurisdiction. ↓	The written concurrence of the official(s) with jurisdiction with the determination that there are no adverse effects to the activities, features and attributes of the property is required.
Document the FHWA or FTA de minimis impact finding, mitigation and other measures to minimize harm.	→	Section 4(f) Complete