Version of 2/22/07



11/28/07 - DSB

4.4.12 Parks and Recreational Resources

• Subsections:

This section may contain the following unnumbered subsections:

Park and Recreational Resouces

State Heritage Area Program

National Heritage Area Program

National Registry of Natural Landmarks

Section 4(f) Involvement

Section 6(f) Involvement

Section 1010 Involvement

• Regulatory Framework and Guidance:

Section 6(f) of the Land and Water Conservation Fund Act

49 U.S.C. Section 303

Section 1010 of the Urban Park and Recreation Recovery Act.

• Interagency Coordination:

Document any consultation or coordination with outside agencies (meetings, site visits, major submissions and correspondence, permit, needs, consultation, etc.)

NYSDEC consultation, data files, review, permits

NYSOPRHP consultation

NPS consultation, approval for involvement with federally-funded parkland

• Cross-reference:

4.4.11 Historic and Cultural Resources – State Heritage Area Program

4.4.11 Historic and Cultural Resources – National Heritage Area Program

Appendix 4(f) evaluation(s)

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State Heritage Area Program

• Topics may include, but are not limited to:

State Heritage Area management program

• A listing and map of State Heritage Areas is available on the NYS Parks web site:

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[Use for projects with no effect on State Heritage Areas]

The proposed project will not impact areas identified as State Heritage Areas.

____________________________________________________________________________________

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[Use for projects that DO affect State Heritage Areas]

The proposed project is located in -- State Heritage Area. The name of Administering Body has been contacted, and the Heritage Area Management Plan will be OR has been reviewed, to ensure that the project is consistent with the goals identified for the area.

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National Heritage Areas Program

____________________________________________________________________________________

[Use for projects with NO effect on National Heritage Areas]

The proposed project will not impact areas identified as National Heritage Areas.

____________________________________________________________________________________

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[Use for projects that DO affect National Heritage Areas]

The proposed project is located in -- National Heritage Area. Please refer to 4.4.11 Historic and Cultural Resources – “National Heritage Area Program,” for detailed information on the Heritage Area, potential impacts, and coordination with the management entity.

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National Registry of Natural Landmarks

• There are approximately 26 National Natural Landmarks (NNLs) listed in NY on the National Park Service website:

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[Use for projects that do NOT impact an NNL]

There are no listed nationally significant natural areas within, or adjacent to, the project area. ____________________________________________________________________________________

____________________________________________________________________________________

[Use for projects that do impact an NNL]

The Secretary of the Interior has designated a nationally significant natural area in/adjacent to the project area, and this area is listed on the National Registry of Natural Landmarks. Describe area, reason for designation and designation date.

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Section 4(f) Involvement

• Originally Section 4(f) of the Department of Transportation (DOT) Act of 1966. 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

• Section 6009(a) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) amended existing Section 4(f) legislation to simplify the process and approval of projects that have only de minimis impacts on lands impacted by Section 4(f). Under the new provisions, once the US DOT determines that a transportation use of Section 4(f) property results in a de minimis impact, analysis of avoidance alternatives are not required and the Section 4(f) evaluation process is complete.

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[Use for projects without federal aid]

The proposed project is 100% State funded. This section does not apply.

____________________________________________________________________________________

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[Use for projects with federal aid, that do NOT affect a 4(f) property]

There are no publicly owned parks or recreational facilities, protected under Section 4(f) of the USDOT Act, in or adjacent to the project area. No further action is required under this section.

____________________________________________________________________________________

____________________________________________________________________________________

[Use for projects with federal aid, near a 4(f) property, that do NOT affect the 4(f) property]

The proposed project is located adjacent to --- Park, a significant publicly-owned park. However, the project will not affect the park and a Section 4(f) evaluation is not required.

___________________________________________________________________________________

____________________________________________________________________________________

[Use for projects with federal aid, and de minimis impacts to a 4(f) property]

The proposed project is located adjacent to --- Park, a significant publicly owned park. However, the Department anticipates that the project will have only de minimis impacts on the park. Written concurrence of the official(s) with jurisdiction over the facility will be sought, along with a de minimis impact finding from FHWA, to satisfy Section 4(f) requirements. Include any correspondence in the appendix and refer to it here.

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[Use for projects with federal aid, and minor impacts to a 4(f) property]

• FHWA must review the project and determine that it meets the criteria and procedures for a Programmatic Section 4(f) evaluation. Include correspondence in the Appendix

-- Park a publicly owned park, lies within the proposed project area. The project activities meet the criteria for a Programmatic Section 4(f) Evaluation for Minor Involvements with Parks, Recreation Areas and Waterfowl and Wildlife Refuges AND/OR Transportation Projects That Have a Net Benefit to a Section 4(f) Property. There is no other prudent and feasible alternative to the use of this land. Refer to Appendix -- for the Programmatic Section 4(f) Evaluation.

____________________________________________________________________________________

____________________________________________________________________________________[Use for projects with federal aid, and impacts to a 4(f) property]

-- Park, a publicly owned park, lies within the proposed project area. The project activities include:

- land to be permanently incorporated into a transportation facility AND/OR

- a temporary occupancy of land that is adverse in terms of the statute’s preservationist purposes AND/OR

- a constructive use of the Park land

There is no other prudent and feasible alternative to the use of this land. The proposed action includes all possible planning to minimize harm to -- Park. An Individual 4(f) evaluation is required and is included in Appendix --.

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Section 6(f) Involvement

• Section 6(f) of the Land and Water Conservation Fund Act

• If 6(f) funds were used to fund even a small part of the park or the development of the park, the entire property is considered by OPRHP to be “6(f).” Also, any non-recreational use of LWCF land that exceeds 6 months is considered “permanent” by the NPS and requires a permanent land conversion.

• A land conversion proposal must be prepared, reviewed by OPRHP and submitted to NPS for approval.

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[Use for projects that do NOT involve 6(f) lands]

The project does not impact parklands or facilities that have been partially or fully federally funded through the Land and Water Conservation Act. No further consideration under Section 6(f) is required.

____________________________________________________________________________________

____________________________________________________________________________________

[Use for projects that involve 6(f) lands]

This project will impact parklands or facilities that have been partially or fully federally funded through the Land and Water Conservation Act. Describe facility, nature of 6(f) grant, and impacts.

All practical alternatives have been evaluated and there is no other prudent and feasible alternative to the use of this land. A portion of the recreational land will be transferred to the public highway right-of-way. Written approval from the National Park Service will be sought for the non-recreational use and conversion of this parkland. NYSDOT will work with NYSOPRHP to identify appropriate replacement lands required for converted properties under Section 6(f). NYSOPRHP will review the conversion proposal documentation and submit it to NPS. A copy of the conversion proposal is included in Appendix --.

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Section 1010 Involvement

• Go to (NPS UPARR Program website) to identify UPARR-funded sites.

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[Use for projects with NO Section 1010 involvement]

This project does not involve the use of land from a park to which Urban Park and Recreation Recovery Program funds have been applied.

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[Use for projects with Section 1010 involvement]

• Written approval from the National Park Service (NPS) should be obtained before PS&E submission and the Department must “provide” property of equal value and of reasonable equivalent usefulness as that being converted. The NPS should indicate that an exchange of land can be reasonably expected.

The project will involve the transfer of a portion of recreational land created using Section 1010 funds for a public highway right-of-way. All practical alternatives have been evaluated. Replacement land will be provided and written approval from NPS has been obtained OR will be sought for the conversion. Include any correspondence in the Appendix and reference it here.

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