Section 6(f) - Ohio Department of Transportation

Report
SECTION 6(F) PROGRAMMATIC
AGREEMENT
C
Environmental Update Meeting
20 November 2014
EMAIL QUESTIONS TO: [email protected]
Section 6(f) Primer
 The federal LWCF Act (Public Law 88-578) was passed by
Congress on September 3, 1964 and became effective January 1,
1965.
 Section 6(f) of the LWCF Act applies to the conversion of certain
recreation lands to non-recreational purposes and is applicable to
all recreation lands that have received LWCF financial assistance
 Section 6(f) applies to all public properties that have received
Land and Water Conservation Funds (LWCF)
Section 6(f) Programmatic Agreement
 Between ODOT, FHWA, ODNR, and NPS
 Approved April 2014
 Streamlines review and approval process
Created a standardized form that replaced the NPS
Environmental Screening Form
 Review and approval of submittals is now 30 calendar days
per agency

Section 6(f) Programmatic Agreement
 Maintenance type projects
 Definition:
 Reconstruct, repair, replace outdoor recreational feature
or support a feature
 Staging and construction in place for less than 6 months
O
Section 6(f) Programmatic Agreement
 Maintenance type projects
 Approval process:
 District confirm with ODOT-OES that project meets
Maintenance type project criteria
Section 6(f) Programmatic Agreement
 Temporary Non-Conforming Use
 Definition:
 Temporary non-recreation use lasting less than 6 months
 OES will submit completed Section 4(f)/6(f) form to
ODNR for approval
Section 6(f) Programmatic Agreement
 Temporary Non-Conforming Use
 Approval Process:
 Districts confirm with OES and ODNR Temporary Non-
Conforming Use is appropriate
 District submits Section 4(f)/6(f) form to OES
 OES coordinates form with ODNR
 ODNR reviews and provides approval or comments
within 30 days copying NPS on response
Section 6(f) Programmatic Agreement
 Conversions
 Definition:
 Permanent incorporation of Section 6(f) property into
transportation facility
 Temporary incorporation lasting longer than 6 months
Section 6(f) Programmatic Agreement
 Conversions
 Approval Process:
 Districts confirm with OES, ODNR, NPS that a conversion is
required
 Identification of replacement property part of consultation
 Districts submit Section 4(f)/6(f) form including replacement
property information to OES
Section 6(f) Programmatic Agreement
 Conversions
 Approval Process (cont.):
 OES will coordinate form with ODNR
 ODNR will review and submit to NPS
 NPS will review and provide approval and/or comments
to ODNR and copy ODOT
Section 6(f) Programmatic Agreement
 What does NPS approval of consultation mean?
 Consultation with ODOT-OES, ODNR and NPS is required
prior to approval of the NEPA document.
 The NPS concurrence will form the basis for the FHWA NEPA
decision regarding the Section 6(f) property.
 ODOT will document any project level requirements as
environmental commitments. This includes completing
conversions and other mitigative requirements.
Section 6(f) Programmatic Agreement
 The conversion process including the appraisal and
acquisition of the replacement property may be done as an
environmental commitment so long as it is completed prior
to final acceptance of the construction project by the
engineer.
 This includes all activities beyond the identification and
concurrence of the use of a potential replacement property
under Section F of this Agreement.
Section 6(f) Programmatic Agreement
 Real Estate Process for Conversions
 The PA allows for ODOT to follow the FHWA appraisal
process in lieu of the NPS UASFLA “Yellow Book”
Standard.
 Appraisals will follow the Uniform Act and 49 CFR Part 24
and the Uniform Standards of Professional Appraisal Practice
(USPAP) for projects in Ohio
Section 6(f) Programmatic Agreement
 Real Estate Process for Conversions
 ODOT has developed a procedure for the real estate
process. It is called:
VALUATION PROCEDURES FOR 6(f) CONVERSIONS AND
REPLACEMENTS
 It is maintained jointly by ODOT’s Office of
Environmental Services and Office of Right-of-Way
Section 6(f) Programmatic Agreement
 Real Estate Process for Conversions
 ODOT shall continue to coordinate with ODNR and NPS
through the Conversion Process until it is complete
 ODOT will document the results of the conversion.
 The construction project will not be closed until the
engineer is satisfied any commitments are met.

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