Transportation-Its Effect on Recreational Land

In the past decade there has been a significant increase in the consideration given to the consequences that major actions will have on the environment. This new respect for America's natural resources is evidenced by various federal acts directed toward assuring a more thorough evaluation of the effects of projects under the jurisdiction of the federal government. Section 4(f) of the Department of Transportation Act of 1966 (amended by Section 18 (b) of the Federal-Aid Highway Act of 1968, 23 U.S.C. Section 138, and codified in 49 U.S.C. Section 1653 (f) applies specifically to public park and recreation lands, wildlife and waterfowl refuges, and historic sites. This section makes the following provisions:

"It is hereby declared to be the national policy that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands, wildlife and waterfowl refuges, and historic sites. The Secretary of Transportation shall cooperate and consult with the Secretaries of the Interior, Housing and Urban Development, and Agriculture, and with the states in developing transportation plans and programs that include measures to maintain or enhance the natural beauty of the lands traversed. After the effective date of the Federal-Aid Highway Act of 1968, the Secretary shall not approve any program or project which requires the use of any publicly owned land from a public park, recreation area, or wildlife and waterfowl refuge of national, State or local significance as determined by the Federal, State or local officials having jurisdiction thereof, or any land from an historic site of national, State, or local significance as so determined by such officials 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."

The individual state transportation departments, as the delegated representatives of the U.S. Secretary of Transportation, are charged with fulfilling the requirements of Section 4(f) relative to full consideration of alternates and planning to minimize harm. This is accomplished by compiling specific information in the draft and final impact statements for both the corridor and design stages of project planning.

These 4(f) or combination environmental impact statements are to include the following information ". . . when pertinent and available . . ."

a. The description of the project . . . shall include information about the Section 4(f) land in sufficient detail to permit those not acquainted with the project to have an understanding of the relationship between the highway and park and the extent of the impact, such as:

(1) Size (acres or square feet) and location (maps or other exhibits such as photographs, slides, sketches, etc., as appropriate).
(2) Type (recreation, historic, etc.).
(3) Available activities (fishing, swimming, golf, etc.).
(4) Facilities existing and planned (description and location of ball diamonds, tennis courts, etc.)
(5) Usage (approximate number of users for each activity if such figures are available).
(6) Patronage (local, regional, and national).
(7) Relationship to other similarly used lands in the vicinity.
(8) Access (both pedestrian and vehicular).
(9) Ownership (city, county, State, etc.).
(10) If applicable, deed restrictions or reversionary clauses.
(11) The determination of significance by the Federal, State, or local officials having jurisdiction of the Section 4(f) land.
(12) Unusual characteristics of the Section 4(f) land (flooding problems, terrain conditions, or other features that either reduce or enhance the value of portions of the area).
(13) Consistency of location, type of activity, and use of the Section 4(f) land with community goals, objectives, and land use planning.
(14) If applicable, prior use of State or Federal funds for acquisition or development of Section 4(f) land.

b. A description of the manner in which the highway will affect the Section 4(f) land including any probable adverse environmental effects which cannot be avoided should the proposal be implemented.

c. A specific statement (with supporting reasons) that

Illinois Parks and Recreation 24 March/April, 1974

there is no feasible and prudent alternative.

d. Information to demonstrate that all possible planning to minimize harm is or will be included in the highway proposal. Such information should include:

(1) The agency responsible for furnishing the highway right-of-way.
(2) Provisions for compensating or replacing the Section 4(f) land and improvements thereon, including the status of any agreements.
(3) Highway design features developed to enhance the Section 4(f) land or to lessen or eliminate adverse effects (improving or restoring existing pedestrian or vehicular access, landscaping, esthetic treatment, etc.).
(4) Coordination of highway construction to permit orderly transition and continual usage of Section 4(f) land facilities.

In Illinois the preparation of these "4(f) Statements" is carried out by the region and district transportation offices in cooperation with the offices of the U. S. Secretaries of the Interior, Housing and Urban Development, and Agriculture, as directed in Section 4(f), and with the Federal Highway Administration and the agency in charge of the property involved.

Before the 4(f) or combination environmental impact/ 4(f) statement may be circulated to interested agencies for review and comment, it must first be approved for circulation by the Federal Administration. When their approval has been received, the region and district offices may then forward copies of the document to the Secretaries of the Interior, Housing and Urban Development, and Agriculture, and to other interested agencies. Any adverse comments from these reviewing parties must be resolved prior to submission of the final statement for approval.

If there is no acceptable alternative to use of 4(f) land, then all possible measures must be taken to minimize harmful effects on the 4 (f) property. These measures include, but are not limited to, the following:

1. Replacement of land taken by the transportation project. It is the responsibility of the transportation agency to mitigate the impact for all land to be taken. It is preferable that park land be replaced directly by the transportation agency; however, monetary compensation may be made which the recreation agency can use to buy replacement land or for capital improvements.

When replacement land is offered, it should have at least as much recreation value to the public as the land being lost. The area may or may not be adjacent to the park from which land was taken but should serve the same community or recreation market area and be in the same administrative system.

When monetary compensation is tendered, it is preferable that the value of the lost land be established in terms of its "replacement value" rather than its "fair market value" since purchasing and developing an equivalent area usually costs more than the appraised value of the area lost. This is especially true in urban areas. Administrative costs, such as plans, surveys, condemnation procedures, and preparation of legal documents, are reasonable components of a "replacement cost." Funds received should be earmarked to augment a land acquisition and capital improvement program rather than diverting them to an operating budget.

2. Replacement or relocation of lost facilities. In the event that a transportation project eliminates or reduces the effectiveness of recreation facilities, this loss also should be replaced by the transportation agency. The replacement need not be in kind but should be of equivalent value, both in terms of cash and in terms of usefulness to the recreating public.

3. Measures to retain the character avid utility of the area. An effort should be made to provide as nearly as possible the same type of recreational experience that existed before the transportation project was completed. This may be accomplished through various measures including the following:

a. Landscaping should be provided to the areas disturbed by construction as well as to replacement lands. These measures should be consistent with existing landscaping plans and should also provide a visual screen between the park users and the transportation project.

b. Acoustical barriers, such as earthen berms or a depressed roadway, may be designed to reduce, as much as possible, the traffic-generated noises in the park.

4. Safety and access. A transportation project such as a highway immediately adjacent to a park may increase hazards to the park user. Project plans should include measures to protect park users, including fencing, pedestrian overpasses or underways, and adequate vehicular access to and from the park.

(Editor's Note: Parts of the above were extracted from a talk by Thomas S. Dmoch, Chief of the Transportation Coordination and Program Review Section, B.O.R., Ann Arbor, Michigan).

Illinois Parks and Recreation 25 March/April, 1974