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FEIS
- FEIS is an acronym for Final Environmental Impact Statement
404 Permit
- A permit required to be issued by the US Army Corps of Engineers whenever a project results in the discharging, dredging, or placing of fill material within waters of the USA or adjacent wetlands. The legal requirement for this permit is Section 404 of FWPCA 33 USC 1344, issued in 1972.
4F Law
- Section 4(f) has been a part of Federal Law in some form since 1966. It was enacted as Section 4(f) of the Department of Transportation (DOT) Act of 1966 (hence the reference to "Section 4(f)"). Section 4(f) was originally set forth in Title 49, Unites States Code (U.S.C.), Section 1653(f), and applies only to agencies within DOT. Also, in 1966, a similar provision was added to Title 23, U.S.C., Section 138. Between 1966 and 1968, the wording in the two provisions was somewhat different. This led to some confusion since Section 4(f) to all programs of DOT, whereas Section 138 applied only to the Federal-Aid Highway Program. Consequently, The Federal-Aid Highway Act of 1968, amended the wording in both sections to be substantially consistent. Except for the last sentence of the second paragraph (which appears only in Section 138), the two sections read:
"It is hereby declared to be the national policy that special effort should be made to preserve the natural beauty of the countryside and public park an recreation lands, wildlife and water fowl refuges, and historic sites. The Secretary of Transportation shall cooperate and consult with the Secretaries of the interior, Housing and Urban Development, and Agriculture, and with States in developing transportation plans and programs that include measures to maintain or enhance the natural beauty of the lands traversed.
After the effective date of the Federal-Aid Highway Act of 1968, the Secretary shall not approve any program or project which requires the use of any publicly owned land from a 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, recreation are, wildlife or waterfowl refuge, or historic sites resulting from such use. In carrying out the national policy declared in this Section, the Secretary, in cooperation with the Secretary of the Interior and appropriate State and local officials, is authorized to conduct studies as to the most feasible Federal-Aid routes for the movement of motor vehicles through or around national parks so as to best serve the needs of the traveling public while preserving the natural beauty of these areas."
In January 1983, as part of an overall recodification of the DOT Act, Section 4(f) was amended and codified in 49 U.S.C., Section 303. The wording in Section 303 reads as follows:
(A) It is the policy of the United States Government that special effort be made to preserve the natural beauty of the countryside and public park and recreation lands, wildlife and waterfowl refuges, and historic sites.
(B) The Secretary of the Transportation shall cooperate and consult with the Secretaries of the Interior, Housing and Urban Development, and Agriculture, and with the States, in developing transportation plans and programs that include measures to maintain or enhance the natural beauty of the lands crossed by transportation activities or facilities.
(C) The Secretary may approve a transportation program or project requiring the use of publicly owned land of a public park, recreation area, or wildlife and waterfowl refuge, or land of an historic site of national, or local significance (as determined by the Federal, State, or local officials having jurisdiction over the park, recreation area, refuge, or site) only if -
(1) there is no prudent and feasible alternative to using that land; and
(2) the program or project includes all possible planning to minimize harm to the park, recreation area, wildlife and waterfowl refuge, or historic site resulting from the use.
Section 138 was not amended, so the wording in the two sections is once again different. The legislative history of the 1983 recodification indicates that no substantive change was intended. Further, because of familiarity with Section 4(f) by thousands of Federal and State personnel, the Federal Highway Administration (FHWA) continues to refer to the requirements as Section 4(f).
The statute does not establish any procedures for preparing Section 4(f) documents, for circulating them, or for coordinating them with other agencies. The statute does not require the preparation of any written document, but the FHWA has developed procedures for the preparation, circulation, and and coordination of Section 4(f) documents. The purpose of these procedures is to establish an administrative record of the basis for determining that there is no feasible and prudent alternative, and to obtained informed input from knowledgeable sources on feasible and prudent alternatives and on measures to minimize harm.
Numerous legal decisions on Section 4(f) have resulted in a DOT policy that conclusions on no feasible and prudent alternatives and on all possible planning to minimize harm must be well documented and supported. The Supreme Court in the Overton Park case (Citizens to Preserve Overton Park v. Volpe, 401 U.S. 402 (1971)) ruled that determinations on no feasible and prudent alternative must find that there are unique problems or unusual factors involved in the use of alternatives or that the cost, environmental impacts, or community disruption resulting from such alternatives reach extraordinary magnitudes.
(From Publication # FHWA-PD-96-031) |