Environmental Review Toolkit

Section 4(f) Tutorial

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Key Terms

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National Environmental Policy Act (43 USC 4321)

The National Environmental Policy Act of 1969 (NEPA) is considered to be the basic "National Charter" for protection of the environment. NEPA requires that, to the extent possible, the policies, regulations, and laws of the Federal Government be interpreted and administered in accordance with the protection goals of the law. It also requires Federal agencies to use an interdisciplinary approach in planning and decisionmaking for actions that impact the environment. Finally, NEPA requires the preparation of an EIS on all major Federal actions significantly affecting the human environment.

National Historic Preservation Act (NHPA) (16 USC 470)

A federal law established in 1966, the NHPA requires Federal agencies to consider the effects of their undertakings on historic properties and provide the Advisory Council on Historic Preservation with an opportunity to comment on such undertakings. Section 106 of the National Historic Preservation Act mandates consideration of a project's effect on historic properties in much the same way as Section 4(f). Because of their similarities, the relationship between Sections 4(f) and 106 is a common source of confusion. The most important connection between the two statutes is that the Section 106 process is generally the method by which a historic site’s significance is determined for a federal undertaking subject to Section 4(f).

National Register of Historic Places (NRHP) (www.nps.gov/nr/)

The Nation's official list of historic properties worthy of preservation. Authorized under the National Historic Preservation Act of 1966, the National Register is part of a national program to coordinate and support public and private efforts to identify, evaluate, and protect our historic and archeological sites. Properties listed in the Register include districts, sites, buildings, structures, and objects that are significant in American history, architecture, archeology, engineering, and culture. The National Park Service administers the National Register, which is part of the U.S. Department of the Interior.

National Wild and Scenic River Act (16 USC 1271-1287)

A 1968 law that preserves specific rivers identified as having remarkable qualities worthy of preservation.