RES 592 Draft 01 2016-2018 - Laserfiche WebLink

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MEMORANDUM OF UNDERSTANDING BETWEEN THE NATIONAL PARK SERVICE, UNITED STATES DEPARTMENT. OF THE INTERIOR, STATE OF HAWAII,AND THE COUNTY OF HAWAII FOR THE IMPLEMENTATION, MANAGEMENT, PROTECTION AND PUBLIC USE OF ALA KAHAKAI NATIONAL HISTORIC TRAIL This Memorandum of Understanding("MOU") is entered into,by and between the United States Department of the Interior National Park Service,("NPS")the State of Hawaii,by its Department of Land and Natural Resources, ("DLNR")and the County of Hawai'i ("County")for the purpose of managing the Ala Kahakai National Historic Trail (Trail). ARTICLE I: BACKGROUND AND OBJECTIVES WHEREAS, the State of Hawaii, the County of Hawaii, and the NPS have the authority to enter into Agreements that are mutually beneficial and in the interest of the public; WHEREAS, the National Trails System Act of 1968,as amended,(Act)(16 USC 1244(a)(22)) established the Trail and placed responsibility for administering the Trail with the NPS; WHEREAS, the Trail is defined as a system of ancient and historic trails along with modern connecting trail segments including the coastal trails, interior lateral trails, and mauka-makai trails; WHEREAS, the Trail Corridor is defined as a belt of land connecting the coast to the major roadway that circles the Island as illustrated in Exhibit A; WHEREAS, SEC. 6 of the National Trail Systems Act of 1968 [16USC1245] allows for connecting or side trails within park, forest, and other recreation areas administered by the Secretary of the Interior or Secretary of Agriculture may be established, designated, and marked by the appropriate Secretary as components of a national recreation, national scenic or national historic trail. When no Federal land acquisition is involved, connecting or side trails may be located across lands administered by interstate, State, or local governmental agencies with their consent, or, where the appropriate Secretary deems necessary or desirable, on privately owned lands with the consent of the landowners. Applications for approval and designation of connecting and side trails on non-Federal lands shall be submitted to the appropriate Secretary; WHEREAS,only federal lands are to be administered as initial protection components of the Trail; but the Act authorizes the Secretary of the Interior to encourage and assist state, local, and private entities to manage and protect those segments of the Trail and associated resources that cross nonfederally-owned lands; WHEREAS,the proposed approximately 175-mile long Trailtraverses both federal,state,county, and private land and contains sensitive Hawaiian cultural and natural resources; WHEREAS,these cultural and natural resources are exceptionally unique,rare and unparalleled compared to any other National Historic Trail in the United States, and require careful coordination and commitment from the parties to this MOU and general publicto insure their sustainability, particularly when exposed to extended public use overtime; WHEREAS,establishing the alignment(s) and effectuating the management, maintenance and regulation of activities along Trail is a complicated and long-term project; WHEREAS, NPS,DLNR and the County have determined that it is necessaryto establish a documented working relationship between the NPS and the Hawaii public agencies that have jurisdiction and legal responsibility for land along the Ala Kahakai NHT; 1 EXHIBIT A