Waiaka Bridge Section 106 MOA 5-22

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HDOT's efforts to carry out the terms of this MOA. A review meeting may be called by the FHWA or HDOT upon request of a signatory, invited signatory or concurring party to this MOA. V. CONFIDENTIALITY All parties to this MOA acknowledge that information about historic properties,potential historic properties, or properties considered historic for purposes of this MOA are or may be subject to the provisions of Section 304 of NHPA. Section 304 allows FHWA to withhold from disclosure to the public, information about the location, character, or ownership of a historic resource if FHWA and HDOT determine that disclosure may: 1) cause a significant invasion of privacy; 2) risk harm to the historic resource; or 3) impede the use of a traditional religious site by practitioners. Having so acknowledged, all parties to this MOA will ensure that all actions and documentation prescribed by this MOA are, where necessary, consistent with the requirements of Section 304 of the NHPA. VI. DISPUTE RESOLUTION A. Signatory and Concurring Party Resolution Process Should any signatory or concurring party to this MOA object to the actions conducted pursuant to the terms of this agreement or the manner in which the terms of this MOA are implemented, the objecting party shall notify FHWA, and all signatories and concurring parties, in writing and FHWA shall consult with all parties to resolve the objection. If FHWA determines that such objection cannot be resolved: 1. FHWA shall forward all documentation relevant to the objection to ACHP and other signatory parties, including FHWA's proposed response to the objection. The ACHP shall provide FHWA with its advice on the resolution of the objection within thirty (30) days of receiving adequate documentation. Prior to reaching a final decision on the dispute, FHWA shall prepare a written response that takes into account any timely advice or comments regarding the dispute from the ACHP, signatories and concurring parties, and provide all parties (signatories and concurring parties)with a copy of this written response. FHWA will then proceed according to its final decision. 2. If the ACHP does not provide its written advice regarding the dispute within the thirty (30) day period, FHWA may make a final decision on the dispute and proceed accordingly. Prior to reaching its final decision, FHWA shall prepare a written response that takes into account any timely comments regarding the dispute from the signatories and concurring parties to the MOA and provide them and the ACHP with a copy of such written response. 3. FHWA's responsibility to carry out all other actions or terms of this MOA that are not the subject of the dispute remain unchanged. VII. AMENDMENTS This MOA may be amended when such an amendment is agreed to in writing by all signatories. Prior to executing the amendment, signatories shall consult with concurring parties regarding the proposed amendment and afford concurring parties the opportunity to review the changes. The 5