Use

DE MINIMIS IMPACT

A de minimis impact involves the use of Section 4(f) property that is generally minor in nature. A de minimis impact is one that, after taking into account avoidance, minimization, mitigation and enhancement measures, results in no adverse effect to the activities, features, or attributes qualifying a park, recreation area, or refuge for protection under Section 4(f). For historic properties, a de minimis impact is one that results in a Section 106 determination of "no adverse effect" or "no historic properties affected." A de minimis impact determination requires agency coordination with the officials having jurisdiction over the Section 4(f) property and opportunities for public involvement. A de minimis impact determination may not be made when there is a constructive use. A type of indirect use in which a transportation project's proximity impacts (as opposed to direct impacts) are so severe that the protected activities, features, or attributes that qualify a resource for protection under Section 4(f) are substantially impaired.

DE MINIMIS IMPACT AND HISTORIC SITES

A determination of de minimis impact on a historic site may be made when all three of the following criteria are satisfied:

1. The process required by Section 106 of the National Historic Preservation Act (NHPA) results in the determination of "no adverse effect" or "no historic properties affected" with the concurrence of the
   State Historic Preservation Officer (SHPO) A governor-appointed position and, typically, a member of a state historic preservation agency, the SHPO provides project review and compliance of Section 106 of the National Historic Preservation Act. and/or Tribal Historic Preservation Officer (THPO), The THPO represents the interests of a tribe on tribal lands in the Section 106 and Section 4(f) processes. and Advisory Council on Historic Preservation (ACHP), if the ACHP is participating in the Section 106 consultation;
2. The SHPO and/or THPO, and ACHP, if the ACHP is participating in the Section 106 consultation, is informed of U.S. DOT's intent to make a de minimis impact determination based on their written concurrence in the Section 106 determination; and
3. U.S. DOT has considered the views of any consulting parties participating in the Section 106 consultation.

DE MINIMIS IMPACT AND PARKS, RECREATION AREAS, AND REFUGES

A determination of de minimis impact on parks, recreation areas, and wildlife and waterfowl refuges, may be made when all three of the following criteria are satisfied:

1. The transportation use of the Section 4(f) resource, together with any impact avoidance, minimization, and mitigation or enhancement measures incorporated into the project, does not adversely affect the activities, features, and attributes that qualify the resource for protection under Section 4(f);
2. The public has been afforded an opportunity to review and comment on the effects of the project on the protected activities, features, and attributes of the Section 4(f) resource; and
3. The official(s) with jurisdiction over the property are informed of U.S. DOT's intent to make the de minimis impact determination based on their written concurrence that the project will not adversely affect the activities, features, and attributes that qualify the property for protection under Section 4(f).

Click here for a summary of the de minimis impact