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WHEREAS,DLNR and the County,the public agencies with jurisdiction over some areas of land <br /> where the Trail may traverse, support the concept of a properly protected and managed Trail for <br /> traditional and recreational access; <br /> WHEREAS,DLNR has jurisdiction and/or ownership of various sections of historictrailsthat may <br /> comprise the Trail through the Divisions of Historic Preservation,Land,Office of Conservation and <br /> Coastal Lands,State Parks, Division of Boating and Ocean Recreation,and Forestry and <br /> Wildlife-Na Ala Hele Trail and Access Program and Natural Area Reserve System, and their <br /> respective applicable Hawaii Revised Statutes(HRS)and Hawaii Administrative Rules(HAR); <br /> WHEREAS,several major private landowners have conditions attached to SMA permits,zoning <br /> changes, subdivision approvals,or other land use permits administered by the County which <br /> require them to allow pedestrian access to and along the shoreline; <br /> WHEREAS,some of these accesses may be su itab le for incorporation into the Trail; <br /> WHEREAS,the County continues to receive applications for land use changes from private landowners <br /> that may affect the Trail; <br /> WHEREAS,itisessential to coordinate and clarify thejurisdictional,regulatory and management actions <br /> and fiduciary responsibilities between the Federal,State and County governments inrelation to the <br /> management of the Trail in order to provide a seamless trail experience for the user; <br /> NOWTHEREFORE, in consideration ofthe above premises and in the interest ofthe mutual <br /> advantage inattainment of common objectives,the parties hereto desireto cooperate and mutually <br /> agree as follows: <br /> ARTICLE II:AUTHORITY <br /> A. National Trails System Act of 1968,as amended("theAct")(16 USC 1241-1252), <br /> B. Hawaii Revised Statutes (HRS) Chapters 6E, 171,183C, 184, 1980,205,205A,and sections 46- <br /> 6.5,226-11,264-1 <br /> C. Hawaii Administrative Rules (HAR) Chapters 13-130, 13-146, 13-221, 13-275 to 13-284, 13-300, <br /> and section 15-150-26 <br /> D. Hawaii County Code,Chapters 25 and 34 <br /> ARTICLE III:STATEMENT OF WORK <br /> A. All of the parties mutually agree to meet, confer, consult,and plan together and to: <br /> 1. Participate in implementing the Trail Comprehensive Management Plan (CMP)and to manage <br /> the Trail's resources as appropriate and feasible. <br /> 2. Establish individual coordinators within each agency for Trail administration activities. <br /> 3. Keep each other informed and consult periodically on management issues pertaining to the Trail. <br /> 4. Collaborate on amendments or modification to this MOU, as needed,to further clarify the <br /> jurisdictional and working relationship between the three parties or any additional organizations <br /> or agencies. <br /> 5. Work to develop a single set of guidelines regarding administration and management of the Ala <br /> Kahakai NHT to avoid inconsistency. <br /> 2 <br />