Applying Section 4(f): Policy, Practice & Documentation for Transportation Projects

Description

Former FHWA NHI 142073 Equivalent

Designed to Meet or Exceed the Learning Outcomes of Former FHWA National Highway Institute Course NHI 142073 – Applying Section 4(f): Putting Policy into Practice

This intensive, practitioner-focused course provides a comprehensive and practical application of Section 4(f) within the transportation project development process. Participants learn how to properly identify Section 4(f) resources, apply the correct approval pathways, develop legally defensible documentation, and integrate Section 4(f) with NEPA, the National Historic Preservation Act (NHPA), and the Land and Water Conservation Fund Act (LWCF).

This course serves as a direct functional replacement for the former FHWA National Highway Institute Course NHI 142073 – Applying Section 4(f): Putting Policy into Practice and is structured for immediate deployment to DOTs, FHWA staff, consultants, and resource agencies that previously relied on the federal training.

Participants work through real-world case studies, de minimis determinations, programmatic evaluations, and individual 4(f) documentation scenarios, with direct focus on administrative record sufficiency and litigation vulnerability.

Objectives

Upon completion of this workshop, participants will be able to do the following:

• Explain the history, purpose, and statutory basis of Section 4(f)

• Identify agencies and actions subject to Section 4(f)

• Apply Section 4(f) applicability criteria to real projects

• Understand the relationship between Section 4(f), NEPA, NHPA, and LWCF

• Differentiate the roles and responsibilities of participating agencies

• Apply the Section 4(f) decision-making process during project development

• Distinguish between:

  • De Minimis determinations

  • Programmatic evaluations

  • Individual 4(f) evaluations

    • Develop defensible alternatives analyses

    • Prepare complete and legally sufficient 4(f) documentation

Content

  • Day 1:

    • Legal foundations

    • Applicability determinations

    • Use typology (temporary, permanent, constructive)

    • De Minimis framework

  • Day 2:

    • Programmatic vs Individual Evaluations

    • Feasible and prudent alternatives

    • Documentation sufficiency

    • Litigation-risk labs

    • Public involvement strategies

Audience

  • State DOT Environmental and Planning Staff

  • FHWA Headquarters, Division, and Federal Lands Staff

  • Tribal Governments and Tribal Historic Preservation Offices

  • State Historic Preservation Offices

  • Park and Public Land Owners

  • Environmental and Engineering Consultants

  • Local Project Sponsors and Transit Agencies

  • Other Federal Resource Agencies

  • NGOs and Public Interest Groups

Process

This 2-day workshop is interactive intended to explore specific problems and questions faced by practitioners in managing the 4(f) analysis. For optimal learning, class size is limited to 20-30 participants. This two-day workshop consists of a carefully designed combination of the following components:

  • 60% Lecture

  • 20% Group Discussion

  • 20% Exercises

Materials

Participants receive the following:

  • Workshop manual of materials presented

  • Workshop resources workbook

  • Case study handouts