Section 4(f) and Section 6(f) Updates

Report
Section 4(f) and
Section 6(f)
Updates
Email questions to: [email protected]
Section 6(f) Programmatic Agreement
• Between ODOT/FHWA/ODNR/NPS
• Being created to streamline review and approval
process
• New Recreational Section 4(f) and Section 6(f)
Coordination Form
• Will be required for all Section 4(f) coordination
• Will be required for all Section 6(f) coordination
• Coming soon!
Recreational Section 4(f) Process -Step 1
• Districts must submit the following to OES via email/CE Online System:
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Project Description
Mapping
4(f) Impacts (including name of 4(f) property/properties)
Plan sheets showing 4(f) property, if available
Name(s) of Official(s) with Jurisdiction (OWJ)
Leases and/or management plans, if applicable
• OES will make a Section 4(f) Determination and will
upload the Section 4(f) Determination e-mail to the
Project File.
Recreational Section 4(f) Process – Step 2
• District/consultant will need to obtain all
necessary information to fill out the
Recreational Section 4(f) and Section 6(f)
Coordination Form. For example:
• Confirm amount of right-of-way to be acquired
• Complete Public Involvement activities, if applicable
• Obtain concurrence from Official(s) with Jurisdiction
(OWJ)
Recreational Section 4(f) Process – Step 3
• Districts/consultants will prepare and submit
the Recreational Section 4(f) and Section 6(f)
Coordination Form to OES via the CE Online
System. This step is completed once:
• OES has made a Section 4(f) Determination; and
• the District/consultant have obtained all of the
necessary information (Public Involvement activities are
completed, concurrence from OWJ has been obtained,
etc.)
Recreational Section 4(f) Process - Step 4
• Once OES receives a completed Recreational
Section 4(f) and Section 6(f) Coordination Form,
OES will complete the appropriate coordination
in-house or with FHWA
• If cleared in-house, OES will either issue an e-mail or IOC to
the District.
• If approval from FHWA is required, OES will prepare a
coordination letter and send it to FHWA.
– If approval from FHWA is required, FHWA will send an e-mail.
Please note: OES will not issue an IOC or e-mail if an e-mail is
received by FHWA.
• Please refer to the Section 4(f) Programmatic Agreement
(PA) for the review and approval timeframes.
Recreational Section 4(f) Process – Step 5
• The Section 4(f) process must be discussed on
the Section 4(f) 6(f) tab in the CE Online
System and all commitments must be included
in the NEPA document.
Section 6(f) Process – Step 1
• Districts must submit the following to OES via e-mail/CE
Online System:
• Project Description
• Mapping
• 6(f) Impacts (including name of 6(f) property/properties)
– Include length of closure(s)
• Plan sheets showing 6(f) property, if available
• OES will discuss the project with ODNR/NPS and a
Section 6(f) Determination will be made. OES will upload
the 6(f) Determination e-mail to the Project File.
• OES will determine if the project meets the criteria for a Maintenance Type
project
• If so, OES will issue language to be included in the CE document and no
additional 6(f) coordination is required
Section 6(f) Process – Step 2
• District/consultant will need to obtain all
necessary information to fill out Recreational
Section 4(f) and Section 6(f) Coordination
Form. For example:
• Confirm amount of right-of-way to be acquired
• Replacement property has been identified, if applicable
• Preliminary coordination of replacement property has
been conducted with ODNR/NPS (through OES)
Section 6(f) Process – Step 3
• Districts/consultants will need to work with
OES on all Conversions before preparing and
submitting the Recreational Section 4(f) and
Section 6(f) Coordination Form.
• Replacement property must be identified
• ODNR and NPS must complete a preliminary approval
of the replacement property
• Appraisal information is required
Section 6(f) Process – Step 4
• Districts/consultants will prepare and submit the
Recreational Section 4(f) and Section 6(f)
Coordination Form to OES via the CE Online
System. This step is completed once:
• OES has made a Section 4(f) Determination; and
• the District/consultant have obtained all of the necessary
information (Public Involvement activities are completed,
concurrence from OWJ has been obtained, Replacement
property has been identified (if applicable), Preliminary
coordination of replacement property has been conducted
with ODNR/NPS (through OES) if applicable, etc.)
Section 6(f) Process – Step 5
• Once OES receives the Recreational Section
4(f) and Section 6(f) Coordination Form and
Section 4(f) coordination has been completed,
OES will complete the appropriate
coordination with ODNR/NPS
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ODNR will approve Temporary Non-Conforming Use
NPS will approve Conversions
ODNR/NPS will send approval to OES via e-mail
OES will forward ODNR/NPS approval e-mail to District
Section 6(f) Process – Step 6
• The Section 6(f) process must be discussed on
the Section 4(f) 6(f) tab in the CE Online
System and all commitments must be included
in the NEPA document
Recreational Section 4(f) Reminders
• Only OES can make Section 4(f) determinations
• Official with Jurisdiction (OWJ) letters cannot be sent
until the appropriate Section 4(f) determination has
been made
• OWJ letters must include 4(f) specific language
• Preliminary consultation with the OWJ is encouraged
to help determine if it is a 4(f) property
• Coordination packets should not be prepared and
sent to OES to determine the level of 4(f)
coordination
• only required to complete the 4(f) coordination – once a
determination has been made
Schools and Recreational Section 4(f)
• School property itself is not a Section 4(f)
property
• For schools, Section 4(f) only applies to
recreation areas on the school property that:
• Are open to the public and are publicly owned; and
• Serve either organized or substantial walk-on recreational
purposes that are determined to be significant
• Official with Jurisdiction (OWJ) for schools is the
Superintendent
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Need to consult with the OWJ to determine Section 4(f)
applicability (see above two bullets)
Recreational Section 4(f) Process for
Schools
• For projects that require temporary or permanent
ROW from a school property, which are not on or near
playgrounds or potential recreation areas (e.g. road
frontage maintained as lawn) and will not restrict
access to the recreation areas, an OWJ letter is not
required. Please complete the two bullets below and
discuss as such in the NEPA Document.
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– Consult with OWJ to confirm that ROW take will not impact
areas defined under the term ‘playground’.
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– Obtain concurrence (via e-mail) from OWJ that the project
will not impact property subject to Section 4(f).

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