2025-01-15 PL-INT-2022-001460 Historic Bridge Draft PA on Minor Bridge Repairs - Request Comments

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597 XVI. CONFIDENTIALITY 598 All parties to this Agreement acknowledge that information about historic properties, 599 potential historic properties, or properties considered historic for purposes of this 600 Agreement are, or may be, subject to the provisions of Section 304 of the NHPA. Section 601 304 allows the FHWA, USACE, and SHPO to withhold disclosure to the public, 602 information about the location, character, or ownership of a historic resource if the FHWA, 603 USACE, or SHPO and the Secretary of the Interior determine that disclosure may 1) cause 604 a significant invasion of privacy; 2)risk harm to the historic resource; or 3)impede the use 605 of a traditional religious site by practitioners. Having so acknowledged, all parties to this 606 Agreement will ensure that all actions and documentation prescribed by this Agreement 607 are, where necessary, consistent with the requirements of Section 304 of the NHPA. 608 XVII TRANSITION 609 This Agreement shall become effective upon the date of its execution by all parties. Any 610 projects where the Section 106 process has started prior to the signing of this document 611 may follow the process outlined in 36 C.F.R. § 800 or this Agreement in consultation with 612 the Signatories. 613 XVIII DISPUTE RESOLUTION 614 A. Should any Signatory, Invited Signatory or Concurring Party to this Agreement 615 object in writing at any time to any actions proposed or the manner in which the terms 616 of this Agreement are implemented, the Lead Federal Agency, within the limits of its 617 authority, will consult with such parties to resolve the objection. 618 B. Should any Signatory party object to a determination of eligibility, the Lead Federal 619 Agency will submit the determination to the Keeper of the National Register of 620 Historic Places for resolution. 621 C. If the objection, other than a determination of eligibility, is resolved through 622 consultation, the Lead Federal Agency may authorize the disputed action to proceed 623 in accordance with the terms of such resolution. 624 D. If after initiating such consultation, the Lead Federal Agency determines that the 625 objection cannot be resolved, the agency will: 626 1) Forward all documentation relevant to the dispute, including the resolution 627 proposed by the Lead Federal Agency to the ACHP. 628 2) The ACHP will provide the Lead Federal Agency with its advice, pursuant to 629 36 C.F.R. § 800.2(b)(2), on the resolution of the objection within thirty (30) 630 days of receiving adequate documentation. 631 3) Any ACHP comments provided in response to such a request will be considered 632 by the Lead Federal Agency in accordance with 36 C.F.R. § 800.7(c)(4). DRAFT FINAL Programmatic Agreement for the Hawai'i Historic Bridge Program 17 January 2, 2025