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1 PROGRAMMATIC AGREEMENT <br /> 2 AMONG <br /> 3 THE FEDERAL HIGHWAY ADMINISTRATION, <br /> 4 U.S. ARMY CORPS OF ENGINEERS HONOLULU DISTRICT, <br /> 5 STATE OF HAWAII DEPARTMENT OF TRANSPORTATION, <br /> 6 THE CITY AND COUNTY OF HONOLULU, COUNTY OF KAUAI, <br /> 7 COUNTY OF MAUI, THE COUNTY OF HAWAII, <br /> 8 THE HAWAII STATE HISTORIC PRESERVATION OFFICER,AND <br /> 9 THE ADVISORY COUNCIL ON HISTORIC PRESERVATION <br /> 10 REGARDING THE <br /> 11 HAWAII HISTORIC BRIDGE PROGRAM <br /> 12 WHEREAS,the Federal Highway Administration(FHWA)Hawai`i Division,under the authority <br /> 13 of 23 U.S.C. § 101 et. Seq., implements the Federal-aid Highway Program in Hawai`i; and by <br /> 14 funding and approving state and locally sponsored transportation projects that are administered by <br /> 15 the Hawai`i Department of Transportation (HDOT) (23 U.S.C. § 315); and <br /> 16 WHEREAS, the FHWA Hawai`i Division Administrator is the"Agency Official" responsible for <br /> 17 ensuring that the Federal-aid Highway Program (Program) in the State of Hawai`i complies with <br /> 18 Section 106 of the National Historic Preservation Act(NHPA) (codified as amended at 54 U.S.C. <br /> 19 § 306108), and codified in its implementing regulations, 36 C.F.R. § 800, as amended (August 5, <br /> 20 2004) (and hereinafter referred to as "Section 106"); and <br /> 21 WHEREAS,the State of Hawaii,Department of Transportation(HDOT)is a recipient of Federal- <br /> 22 aid Highway Program Funds, administers Federal-aid projects throughout the State of Hawai`i as <br /> 23 authorized by 23 U.S.C. §302 and §308, and has participated in consultation and is a Signatory to <br /> 24 this Agreement; and <br /> 25 WHEREAS, the Counties of Kauai, Maui and Hawaii, and the City and County of Honolulu, as <br /> 26 Local Public Agencies (LPA) are recipients of Federal-aid Highway Program Funds and <br /> 27 implement local transportation projects, and therefore are Signatories to this Agreement; and <br /> 28 WHEREAS, the U.S. Army Corps of Engineers, Honolulu District (USACE) receives and <br /> 29 considers applications for permits under Section 10 of the Rivers and Harbors Act of 1899(Section <br /> 30 10) (33 U.S.C. § 403) and Section 404 of the Clean Water Act of 1973 (Section 404) (33 U.S.C. <br /> 31 1251 et. Seq.), and has participated in consultation; and <br /> 32 WHEREAS, the USACE has determined that projects authorized by Department of the Army <br /> 33 permits are undertakings pursuant to Section 106 and may have an effect on historic properties and <br /> 34 the Corps will utilize this Agreement for Hawai'i Historic Bridge Program projects subject to its <br /> 35 Permits; and <br /> 36 WHEREAS, the USACE District Commander is the "Agency Official" and will procced in <br /> 37 accordance with the USACE National Historic Preservation Act implementing regulations as the <br /> 38 Lead Federal Agency for non-Program funded HDOT or County projects when a permit is <br /> 39 required, and therefore is a Signatory to this Agreement; and <br /> DRAFT FINAL <br /> Programmatic Agreement for the <br /> Hawai'i Historic Bridge Program 1 January 2, 2025 <br />