RES 479 Draft 01 2012-2014 - Laserfiche WebLink

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authorizing agency take into account the effect of the undertaking on any district, site, building, structure, or object that is included in or eligible for inclusion in the National Register of Historic Places; and WHEREAS, given that Federal funds are involved and the LHD is eligible for the National Register of Historic Places, the State's "pipe and bury" plan may be in violation of the NHPA and the corresponding regulations for the protection of historic properties (36 CFR 800); and WHEREAS, the State's "pipe and bury" plan may also be in violation of the Endangered Species Act (16 U.S.C. 1531) and the corresponding regulations for endangered and threatened wildlife and plants (50 CFR Part 17), which provide for the conservation of habitats where endangered and threatened species are found; and WHEREAS, the State's "pipe and bury" plan may also be in violation of the Hawaii State Planning Act, HRS 226-12 (Objective and policies for the physical environment — scenic, natural beauty, and historic resources), which, among other things, requires the State to "Promote the preservation and restoration of significant natural and historic resources."; and WHEREAS, the United States Department of the Interior, National Park Service, has been critical of the State of Hawaii for failing to better protect its historic assets and sites, thereby putting at risk substantial Federal funds; and WHEREAS, the State has assured the National Park Service of its renewed emphasis on preservation of historic assets, particularly on the neighborhood islands, and if the State were to fail to address the cultural and environmental concerns in this case, it might further jeopardize the State's eligibility to receive Federal funding for its Historic Preservation Division; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it hereby requests the State of Hawaii to restore and preserve the open -vessel waterway of the Lower Hdmdkua Ditch and to allow more community involvement in the administrative process before irrevocable decisions are made. 3