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

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633 4) If the ACHP does not provide its advice regarding the dispute within thirty (30) 634 days, the Lead Federal Agency may make a final decision and proceed 635 accordingly. 636 5) Prior to reaching a final decision on the dispute, the Lead Federal Agency will 637 prepare a written response that takes into account any timely advice or 638 comments from the ACHP, Signatories and Consulting Parties regarding the 639 dispute, and provide a copy of this written response. 640 6) The Lead Federal Agency will then proceed according to its final decision. 641 E. The responsibilities of the Lead Federal Agency to carry out all other undisputed 642 actions contained in the terms of this Agreement, remain unchanged. 643 XIX. WITHDRAWAL AND TERMINATION 644 A. Any Signatory or Invited Signatory to this Agreement may withdraw from it by 645 providing thirty (30) days' notice to the other parties, provided that the parties will 646 consult during the period prior to withdrawal to seek agreement on amendments or 647 other actions that would avoid withdrawal in accordance with Stipulation XVIII. This 648 Agreement will be terminated and cease to be in effect if FHWA, USACE, SHPO, 649 ACHP, HDOT, or the Counties withdraw from the Agreement. 650 B. No new eligible projects may utilize this Agreement until either(a)FHWA executes 651 an amendment to the Agreement pursuant to 36 C.F.R. § 800.6, (b) executes another 652 agreement pursuant to 36 C.F.R. § 800.6 or 800.14, or(c)FHWA requests, takes into 653 account, and responds to the comments of the ACHP under 36 C.F.R. § 800.7.FHWA 654 will notify the Signatories and Consulting Parties as to the course of action it will 655 pursue. 656 657 C. Should the Agreement be terminated,FHWA,USACE,HDOT, and the Counties will 658 meet their respective Section 106 responsibilities for all individual undertakings 659 using the procedures of 36 CFR 800. 660 XX. EXECUTION OF THIS AGREEMENT IN COUNTERPARTS 661 This Agreement may be executed in counterparts with a separate page for each Signatory, 662 Invited Signatory, and Concurring Party. FHWA shall ensure that each Signatory, Invited 663 Signatory, and Concurring Party is provided with an electronic copy of the fully executed 664 Agreement. Hard copies will be made available upon request. 665 EXECUTION and implementation of this Agreement confirms that FHWA has delegated 666 certain Section 106 responsibilities to HDOT and has afforded ACHP a reasonable 667 opportunity to comment on the Federal-aid Program and its individual projects in Hawai`i; 668 that FHWA has taken into account the effects of the Program and its individual projects on 669 historic properties, and that FHWA has complied with Section 106 for the Programs and 670 their individual projects. DRAFT FINAL Programmatic Agreement for the Hawai'i Historic Bridge Program 18 January 2, 2025