George Voinovich: “This language serves an important function: it builds in an incentive for project sponsors to incorporate…”

“This language serves an important function: it builds in an incentive for project sponsors to incorporate environmentally protective measures into a project from the beginning in order to support a finding of de minimis impact. Obviously, there will be projects whose impacts will exceed the de minimis threshold even when mitigation measures are taken into account. For those projects the traditional Section 4(f) requirements will apply. But there also are many projects that could meet the de minimis impact standard if the project sponsor commits to take specific actions to reduce or offset the project's impacts on Section 4(f) resources. This amendment will make it possible for a finding of de minimis impact to be made in those situations.”