Common use of Basics Clause in Contracts

Basics. Section 4(f) was originally part of the Department of Transportation Act of 1966, and is currently found in 49 USC 303 and 23 USC 138. Though the language in Section 4(f) of the Department of Transportation Act of 1966 now resides in Section 303 of Title 49 and Section 138 of Title 23, it is still referred to as “Section 4(f).” Section 4(f) specifies that an agency of the federal Department of Transportation, such as FHWA, cannot approve the use of land from a property protected under Section 4(f) for a transportation project, unless: • There is no feasible and prudent avoidance alternative to the use of land from the property; and • The action includes all possible planning to minimize harm to the property resulting from such use; or • The use, including any measures to minimize harm (such as any avoidance, minimization, mitigation or enhancement measures), will have a de minimis impact on the property.