Waiaka Bridge Section 106 MOA 5-22

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WHEREAS,the FHWA has also determined that the bridge retains sufficient integrity to convey its significance; and WHEREAS, the FHWA has determined that the undertaking will have an "Adverse effect" on the Waiaka Bridge; and WHEREAS, FHWA initiated consultation efforts with Native Hawaiian Organizations (NHOs) and Native Hawaiian descendants with ancestral, lineal or cultural ties to, or knowledge of cultural and historical properties within, or concerns for impacts to cultural or religious practices that may take place within the APE; and WHEREAS, in accordance with 36 CFR § 800.2, § 800.3 and §800.6, FHWA provided an opportunity for the public to provide input and considered the public's views in its decision- making by publishing a notice in The Hawaii Tribune-Herald and the West Hawaii Today newspapers on June 6, 2023; and WHEREAS, in accordance with 36 CFR § 800.6(a)(1), FHWA notified the Advisory Council on Historic Preservation (ACHP) of its "Adverse effect" determination with the specified documentation on May 13, 2024, and the ACHP has chosen not to participate in the consultation pursuant to 36 CFR § 800.6(a)(1)(iii); and WHEREAS, the HDOT, as project proponent and applicant for federal assistance shall carry out the stipulations identified under this Memorandum of Agreement(MOA) and is an invited signatory; and WHEREAS, FHWA and HDOT have consulted with the National Trust for Historic Preservation, County of Hawaii's Planning Department, Cultural Resources Commission, Hawaii Island Burial Council, Historic Hawaii Foundation, Hawaii Preparatory Academy regarding the effects of the undertaking on the historic property and has invited them to sign this MOA as a concurring party ("concurring party"); and NOW, THEREFORE, the FHWA, SHPO, and the HDOT ("signatories") agree that the undertaking shall be implemented in accordance with the following stipulations in order to take into account the effect of the undertaking on historic properties. STIPULATIONS The FHWA, with the assistance of HDOT, shall ensure that the following stipulations are carried out: I. Historic American Engineering Record(HAER) Documentation A. HDOT shall prepare a HAER document for recordation of the Waiaka Bridge, which includes the bridge and railings, to address the adverse effect caused by the demolition and reconstruction of the abutment. The HAER document shall be prepared in accordance with the HABS/HAER/HALS Level III standards as defined in the Secretary of the Interior (SOI) Standards and Guidelines for Archaeology and Historic Preservation 2