Section 6(f) - Ohio Department of Transportation
Download
Report
Transcript Section 6(f) - Ohio Department of Transportation
SECTION 6(F) PROGRAMMATIC
AGREEMENT
C
Environmental Update Meeting
20 November 2014
EMAIL QUESTIONS TO: [email protected]
Section 6(f) Primer
The federal LWCF Act (Public Law 88-578) was passed by
Congress on September 3, 1964 and became effective January 1,
1965.
Section 6(f) of the LWCF Act applies to the conversion of certain
recreation lands to non-recreational purposes and is applicable to
all recreation lands that have received LWCF financial assistance
Section 6(f) applies to all public properties that have received
Land and Water Conservation Funds (LWCF)
Section 6(f) Programmatic Agreement
Between ODOT, FHWA, ODNR, and NPS
Approved April 2014
Streamlines review and approval process
Created a standardized form that replaced the NPS
Environmental Screening Form
Review and approval of submittals is now 30 calendar days
per agency
Section 6(f) Programmatic Agreement
Maintenance type projects
Definition:
Reconstruct, repair, replace outdoor recreational feature
or support a feature
Staging and construction in place for less than 6 months
O
Section 6(f) Programmatic Agreement
Maintenance type projects
Approval process:
District confirm with ODOT-OES that project meets
Maintenance type project criteria
Section 6(f) Programmatic Agreement
Temporary Non-Conforming Use
Definition:
Temporary non-recreation use lasting less than 6 months
OES will submit completed Section 4(f)/6(f) form to
ODNR for approval
Section 6(f) Programmatic Agreement
Temporary Non-Conforming Use
Approval Process:
Districts confirm with OES and ODNR Temporary Non-
Conforming Use is appropriate
District submits Section 4(f)/6(f) form to OES
OES coordinates form with ODNR
ODNR reviews and provides approval or comments
within 30 days copying NPS on response
Section 6(f) Programmatic Agreement
Conversions
Definition:
Permanent incorporation of Section 6(f) property into
transportation facility
Temporary incorporation lasting longer than 6 months
Section 6(f) Programmatic Agreement
Conversions
Approval Process:
Districts confirm with OES, ODNR, NPS that a conversion is
required
Identification of replacement property part of consultation
Districts submit Section 4(f)/6(f) form including replacement
property information to OES
Section 6(f) Programmatic Agreement
Conversions
Approval Process (cont.):
OES will coordinate form with ODNR
ODNR will review and submit to NPS
NPS will review and provide approval and/or comments
to ODNR and copy ODOT
Section 6(f) Programmatic Agreement
What does NPS approval of consultation mean?
Consultation with ODOT-OES, ODNR and NPS is required
prior to approval of the NEPA document.
The NPS concurrence will form the basis for the FHWA NEPA
decision regarding the Section 6(f) property.
ODOT will document any project level requirements as
environmental commitments. This includes completing
conversions and other mitigative requirements.
Section 6(f) Programmatic Agreement
The conversion process including the appraisal and
acquisition of the replacement property may be done as an
environmental commitment so long as it is completed prior
to final acceptance of the construction project by the
engineer.
This includes all activities beyond the identification and
concurrence of the use of a potential replacement property
under Section F of this Agreement.
Section 6(f) Programmatic Agreement
Real Estate Process for Conversions
The PA allows for ODOT to follow the FHWA appraisal
process in lieu of the NPS UASFLA “Yellow Book”
Standard.
Appraisals will follow the Uniform Act and 49 CFR Part 24
and the Uniform Standards of Professional Appraisal Practice
(USPAP) for projects in Ohio
Section 6(f) Programmatic Agreement
Real Estate Process for Conversions
ODOT has developed a procedure for the real estate
process. It is called:
VALUATION PROCEDURES FOR 6(f) CONVERSIONS AND
REPLACEMENTS
It is maintained jointly by ODOT’s Office of
Environmental Services and Office of Right-of-Way
Section 6(f) Programmatic Agreement
Real Estate Process for Conversions
ODOT shall continue to coordinate with ODNR and NPS
through the Conversion Process until it is complete
ODOT will document the results of the conversion.
The construction project will not be closed until the
engineer is satisfied any commitments are met.