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Final Section 4(f) Evaluation and Section 6(f) Evaluation A. INTRODUCTION 4(f)-1

Final
Section 4(f) Evaluation and Section 6(f) Evaluation
A. INTRODUCTION
This document is the Final Section 4(f) Evaluation and Section 6(f) Evaluation for the Second
Avenue Subway project. This evaluation is being circulated as part of the Second Avenue
Subway Final Environmental Impact Statement (FEIS) to satisfy the requirements of Section 4(f)
of the U.S. Department of Transportation (USDOT) Act of 1966.
This document has also been written to satisfy the requirements of two additional federal statutes
that authorize the provision of federal funding for the acquisition and improvement of parkland
and open space resources: Land & Water Conservation Fund Act (LWCFA), 16 U.S.C. §§ 460l-
4 to 460l-11 (commonly referred to as Section 6(f), as the provision was originally contained in
Section 6(f)(3) of the LWCFA, Public Law 88-578 of 1962, before codification); and the Urban
Park and Recreation Recovery Act (UPARRA), 16 U.S.C. §§ 2501 to 2514. These statutes
restrict the future use of parklands or open spaces that have been improved with funds received
through LWCFA and UPARRA funds.
B. APPLICABILITY OF SECTION 4(f), 6(f), AND UPARRA
SECTION 4(f)
Section 4(f) of the U.S. Department of Transportation Act of 1966 prohibits the Secretary of
Transportation from approving any program or project that requires the use of (1) any publicly
owned land in a public park, recreation area, or wildlife and waterfowl refuge of national, state,
or local significance, or (2) any land from a historic site of national, state, or local significance
(collectively Section 4(f) resources), unless there is no feasible and prudent alternative to the
use of such land and such program or project includes all possible planning to minimize harm to
the park, recreation area, wildlife refuge, or historic resource. (In 1983, Section 4(f) of the
USDOT Act was codified as 49 USC §303(c), but this law is still commonly referred to as
Section 4(f).)
A project uses a Section 4(f) resource when: (1) it permanently incorporates land from the
resource into a transportation facility; (2) it temporarily but adversely occupies land that is part
of the resource; or (3) it constructively uses the resource.
1
A constructive use occurs when
the transportation project does not incorporate land from a Section 4(f) resource, but the
proximity impacts are so severe that the protected activities, features, or attributes that qualify a
resource for protection under Section 4(f) are substantially impaired.
2
Whenever a Section 4(f)

1
23 C.F.R. § 771.135(p)(1). Regulations regarding the preparation of Section 4(f) Evaluations and governing use of
Section 4(f) resources is published in 23 C.F.R. Part 771.135 by the U.S. Department of Transportation (USDOT)
(herein Section 4(f) regulations). Additionally, the USDOT has issued a Section 4(f) guidance document entitled:
Section 4(f) Policy Paper, September 24, 1987, revised June 7, 1989 (herein USDOT guidance).
2
23 C.F.R. § 771.135 (p) (2). Second Avenue Subway FEIS
4(f)-2

resource would be used for a transportation project, documentation must be prepared to
demonstrate that: (1) no feasible and prudent alternative exists to the use of the 4(f) resource;
and (2) the project includes all possible planning to minimize harm to the resource.
1

After public comment on the draft Section 4(f) statement is received, a final Section 4(f)
statement is drafted. The final Section 4(f) statement must contain the conclusions of the Section
4(f) evaluation, encompassing: 1) a description of the basis for concluding that there are no
prudent and feasible alternatives to the use of the Section 4(f) property, including a
demonstration that there are unique problems or unusual factors involved in the use of
alternatives that avoid these properties, or that the cost, social, economic, and environmental
impacts or community disruption resulting from the alternatives reach extraordinary magnitudes;
2) a description of the basis for concluding that the proposed action includes all possible
planning to minimize harm; and 3) a summary of appropriate formal coordination with the U.S.
Department of the Interior (DOI). All formal comments and a summary of comments received
on the SDEIS Section 4(f) Statement are included in Chapter 23, Response to Comments on the
SDEIS. The FTA will make its final Section 4(f) Finding when it issues its Record of Decision.
This Final Section 4(f) Evaluation has been prepared for parks, historic resources, and possible
archaeological resources that would be used by the Second Avenue Subway, based on the
design developed to date. It incorporates refinements to the project that have occurred since
completion of the SDEIS, and identifies the 4(f) resources affected by the project. In the future,
an additional Section 4(f) analysis would have to be conducted if, as a result of design
refinements, subway construction or operations would affect any parks or historic properties not
identified in this analysis.
SECTION 6(f) AND UPARRA ACT
As described below, two other federal statutes designed to protect public investments in
parklands are or may be applicable to the Second Avenue Subway project.
SECTION 6(f)
The United States Department of the Interior (DOI) provides funding under the LWCFA for
state and local efforts to plan, acquire, or develop land to advance outdoor recreational activities.
Using LWCFA funds, however, creates certain limitations on future changes to LWCFA-funded
projects. Once LWCFA funds are utilized for a particular recreation project, conversion of that
park facility for any non-recreational purpose is prohibited unless alternatives are assessed and
steps are taken to identify, evaluate, and supply replacement parkland. In addition, DOI must
grant prior approval for the conversion and replacement parkland.
Under the LWCFA, approval for a conversion of parkland (generally for a period greater than 6
months) can be issued if the Regional Director of the National Park Service (NPS) finds that: 1)
all practical alternatives to the proposed conversion have been evaluated; 2) the fair market value
of the park property to be converted has been established and that the property proposed for
substitution is of at least equal fair market value, as established by an approved appraisal,
excluding the value of structures or facilities that will not serve recreational purposes; 3) the
proposed replacement property is of reasonably equivalent usefulness and location as the
converted property; and 4) the proposed conversion and substitution are in accordance with the

1
49 U.S.C. § 303(c); 23 C.F.R.§ 771.135(a)(1). Final Section 4(f) Evaluation and Section 6(f) Evaluation
4(f)-3

applicable statewide comprehensive outdoor recreation plan (SCORP). The LWCFA regulations
further require that the necessary environmental evaluations and coordination with other federal
agencies be accomplished prior to the NPSs approval of the conversion and that NPS consider
the environmental evaluations in its review.
For the Second Avenue Subway project, the appropriate environmental analyses are provided
throughout this FEIS, but particularly in Chapter 7, Public Open Space. Similarly, the
alternatives analysis required under the LWCFAwhich requires that all practical alternatives
to the use of an affected resource be consideredhas been provided under the analysis of
prudent and feasible alternatives conducted for the Section 4(f) analysis. To meet requirements
for Section 6(f), a replacement property of at least equal fair market value and/or purchase of
wetlands will be provided prior to any conversion of the only Section 6(f) property that would be
affected by the project (St. Vartan Park).
1
MTAs compliance with the requirements of Section
6(f) is described below under the section entitled Identification of Section 4(f) and Section 6(f)
Resources.
UPARRA
UPARRA was created in 1978 by Congress to assist physically and economically distressed
urban jurisdictions to revitalize their recreation systems, and to enhance overall recreation
opportunities through the use of existing and potential recreation resources. Under UPARRA,
conversion of existing parkland that has received UPARRA funding to a non-park use can be
granted by DOI through NPS if: 1) all practical alternatives have been evaluated, 2) the proposed
replacement property is of reasonably equivalent usefulness and location, 3) it is located in the
same political jurisdiction as the affected park, and 4) the conversion and substitution are
consistent with the current applicable Recovery Action Program and/or equivalent recreation
plan.
At this time, no parks proposed for use by the Second Avenue Subway project have been
identified as receiving UPARRA funding. In the future, if the NPS were to determine that any
such funding has been provided to parks proposed for use by the Second Avenue Subway,
NYCT would prepare the appropriate analyses for submission to and approval by the DOI.


C. IDENTIFICATION OF SECTION 4(f) AND SECTION 6(f)
RESOURCES
SECTION 4(f) RESOURCES
Based on current project plans, the Secon