4(F): THE EFFECT OF FEDERAL TRANSPORTATION FUNDS ON HIGHWAY PROJECTS IMPACTING RECREATIONAL, HISTORIC OR CONSERVATION LANDS

  1. WHAT IS 4(F)?

    4(f) is the short name for 23 USC § 138, a federal law which limits the use of federal transportation money for transportation projects that could impact parks, recreation areas, historic sites and conservation lands, whether in local, state or federal ownership.

  2. WHAT DOES 4(F) DO?

    4(f) forbids the construction of a highway, bridge, or widening a highway if such project will "use" conservation, recreation or historic land 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, recreational area, wildlife and waterfowl refuge, or historic site resulting from such use.

    4(f) is triggered if the highway either directly or indirectly uses the protected land. Indirect impacts that might be sufficient to constitute a "use" include noise pollution, general unsightliness, and the reduction of access to the protected area.

    Accordingly, 4(f) applies to protected lands that are in the direct path of the proposed project as well as protected lands that are not in the direct path of the project but will nonetheless be impacted. Example: Suncoast 2 is not proposed to go through Chassahowitzka National Wildlife Refuge, but the Refuge will be impacted if the tollroad is built. How? Air pollution, increased traffic, increased development, etc. Similarly, the Refuge will be impacted if US 98 is 4 laned. What public lands in Levy County will be impacted by Suncoast 2?

  3. DUE DILIGENCE

    1. Look at the map and see what historic, recreational and conservation lands will be impacted, either directly or indirectly, by the proposed project.

    2. FEDERAL FUNDING: Federal funding is being sought for Suncoast 2 and US 98. 4(f) applies to these proposed transportation projects.

    3. Demand a comprehensive 4(f) review by the Federal Highway Administration.

      Write to:

      Mr. James E. St. John Division Administrator U.S. Department of Transportation Federal Highway Administration Florida Division 227 N. Bronough Street Suite 2015 Tallahassee, FL 32301

      Mary E. Peters Administrator Federal Highway Administration Nassif Building 400 7th Street, S.W. Washington, D.C. 20590

      4(f) demands should also be sent to Congressional representative, Senators Graham and Nelson, and the demand letter should be copied to U.S. Fish & Wildlife Service and all agencies managing the public lands.