HomeMy WebLinkAboutWaiaka Bridge Section 106 MOA 5-22 MEMORANDUM OF AGREEMENT
AMONG THE FEDERAL HIGHWAY ADMINISTRATION,
THE HAWAII STATE HISTORIC PRESERVATION OFFICER,AND
THE STATE OF HAWAII DEPARTMENT OF TRANSPORTATION
REGARDING THE
REPLACEMENT OF WAIAKA BRIDGE AND REALIGNMENT OF APPROACHES
PROJECT
FEDERAL-AID PROJECT NO. BR-NH-019-1(045)
Lalamilo and Keanuiomano Ahupuaa,Kohala Moku,Hawaii Island, State of Hawaii
WHEREAS, the Federal Highway Administration (FHWA)intends to fund the proposed
Replacement of Waiaka Bridge and Realignment of Approaches Project("Project")project; and
WHEREAS, the Project is an undertaking, as defined by 36 CFR § 800.16(y), and
therefore subject to review under Section 106 of the National Historic Preservation Act(NHPA),
(54 U.S.C. § 306108), as amended, and codified in its implementing regulations,
36 CFR Part 800, as amended("Section 106"); and
WHEREAS, the State of Hawaii Department of Transportation (HDOT)proposes to
design and construct the Project; and
WHEREAS,the Project purpose is to address functional deficiencies, address safety issues
associated with limited line-of-sight distances at the bridge approaches, and improve the
hydraulic conditions for Keanuiomano Stream; and
WHEREAS,the Project consists of two primary actions: 1) construct a replacement bridge
at the existing location and 2) construct a single-lane roundabout to replace the Kawaihae Road
and Kohala Mountain Road intersection; and
WHEREAS, FHWA has defined the undertaking's area of potential effects (APE) as
shown in Exhibit A and SHPO did not object to the APE as presented in the February 3, 2022,
submittal and noted in their response dated March 7, 2022(Doc. No. 2203 SH05); and
WHEREAS,there was one (1) historic property identified, Waiaka Bridge, within the
APE; and
WHEREAS,the FHWA has determined that the bridge is considered eligible for listing in
the National Register of Historic Places (NRHP) under Criterion C due to the following:
• A good example of a 1930s reinforced concrete and masonry bridge in its original
location.
• The typical characteristics of the 1930s period bridge are its use of materials, method of
construction, craftsmanship, and design.
• The bridge retains all aspects of integrity, with minor diminishment of its integrity of
design due to the attachment of water lines to the exterior of the bridge.
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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
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for Architectural and Engineering Documentation (Federal Register Volume 68, No. 139,
Monday, July 21, 2003,pp. 43 159—43 162) and by a historic preservation professional
meeting the SOI Professional Qualifications Standards (36 CFR Part 61) for History,
Architectural History, Architecture, or Historic Architecture.
B. HAER documentation standard format will be determined through HDOT consultation
with the National Park Service (NPS). In the event that NPS does not have an interest in
receiving the HAER documents, the SHPO will determine the level of standard HAER
documentation format.
C. HDOT shall send the HAER documents to SHPO for a 30-day review, and HDOT shall
address SHPO's written comments, if any, before submitting to the Historian at the
Heritage Documentation Program of the National Park Service, Pacific West Region
(located 1111 Jackson Street, Suite 7000, Oakland California 94607) for inclusion in the
HABS/HAER/HALS collection at the Library of Congress. HDOT shall submit to the
SHPO for review no later than 180 calendar days after bridge demolition.
D. Upon acceptance and approval by the National Park Service, HDOT shall provide digital
copies of the approved HAER document to the signatories and concurring parties
identified in this MOA, as well as to members of the public upon request.
II. INTERPRETIVE SIGNAGE
A. HDOT will incorporate interpretive signage, specific in scope, into the project
construction contract documents.
B. The interpretive signage will be prepared by a qualified professional in architectural
history or historic architecture, in accordance with the Secretary of the Interior's
Professional Qualification Standards. The qualified professional will also have
experience with the preparation of plans and specifications for the development of
interpretive signs for bridge facilities.
C. HDOT will develop one (1) interpretive sign for the project area that will include
historical context related to the Waiaka Bridge, including but not limited to:
• Discussion of Native Hawaiian history within the area
• Summary of the HAER documentation for Waiaka Bridge.
D. HDOT shall consult with the SHPO and consulting parties during the development of the
interpretive signage.
• HDOT shall develop an outline which summarizes the contents of the interpretive
signage to be developed.
• Draft reviews of the interpretive signage with the SHPO and consulting parties shall
be conducted at the preliminary and prefinal draft completion milestones. The SHPO
and consulting parties shall be afforded 14 calendar days to review and provide
written comments on the design and content of the interpretive signage. If no written
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comments are received within 14 calendar days, HDOT reserves the right to proceed
to the next phase of development.
E. HDOT shall coordinate with SHPO and consulting parties to identify an appropriate site
for installing the interpretive signage within the project area
F. Interpretive sign shall be no smaller than 36" x 24". The sign shall be completed within
12 months after approval of the prefinal draft, with installation of the sign occurring
within 90 calendar days after the completion of the bridge replacement project.
G. The final design of the interpretive sign (including the location, materials, dimensions,
general appearance, and manufacturing specifications) shall consider the following:
• Safety for users of the area, including potential conflicts with vehicles,pedestrians,
bicyclists, or other constraints.
• Quality of the design, including readability and usefulness of the interpretive sign to
convey information.
• Compatibility ofthe interpretive sign with the rural and natural environmental
character of the area.
• Durability and life expectancy of the interpretive sign.
• Feasibility ofinstallation and maintenance.
• Cost
H. HDOT and FHWA shall have final approval authority over the content and design of the
interpretative sign.
III. DURATION
This MOA will expire if its terms are not carried out within five (5)years from the date of its
execution. Prior to such time, FHWA may consult with the other signatories and consulting
parties to reconsider the terms of the MOA and amend it in accordance with Stipulation IX
Amendments.
IV. MONITORING AND REPORTING
On an annual basis, no later than January 31 of each year, following the execution of this MOA
until it expires or is terminated, FHWA shall provide all parties to this MOA a summary report
detailing work undertaken pursuant to its terms. The report shall include any scheduling changes
proposed, any problems encountered, and any disputes and objections received in FHWA or
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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
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amendment will be effective on the date a copy of the agreement, signed by all signatories, is
filed with the ACHP.
VIII. TERMINATION
If any signatory to this MOA determines that its terms will not or cannot be carried out, that
party shall immediately consult with other signatories and concurring parties to attempt to
develop an amendment per Stipulation XV. If within 30 calendar days an amendment cannot be
reached, any signatory may terminate the MOA upon written notification to the other signatories.
Once the MOA is terminated, and prior to work continuing on the undertaking, FHWA must
either(a) execute an MOA pursuant to 36 CFR § 800.6 or(b)request, take into account, and
respond to the comments of the ACHP under 36 CFR § 800.7. FHWA shall notify the
signatories as to the course of action it will pursue.
Execution of this MOA by the FHWA, HDOT, and the SHPO, and implementation of its terms
evidence that FHWA has taken into account the effects of this undertaking on historic properties
and afforded the ACHP an opportunity to comment.
IX. COUNTERPARTS
This MOA may be executed in counterparts and said counterparts shall together constitute one
and the same document.
Execution of this MOA by the signatories and its subsequent filing with the ACHP by FHWA
demonstrates that FHWA has taken into account the effects of the Project on historic properties,
has afforded ACHP an opportunity to comment, and FHWA has satisfied its responsibilities
under Section 106 of the NHPA and its implementing regulations.
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MEMORANDUM OF AGREEMENT
AMONG THE FEDERAL HIGHWAY ADMINISTRATION,
THE HAWAII STATE HISTORIC PRESERVATION OFFICER,AND THE STATE OF
HAWAII DEPARTMENT OF TRANSPORTATION
REGARDING THE
REPLACEMENT OF WAIAKA BRIDGE AND REALIGNMENT OF APPROACHES
PROJECT
FEDERAL-AID PROJECT NO.BR-NH-019-1(045)
Lalamilo and Keanuiomano Ahupuaa,Kohala Moku,Hawaii Island, State of Hawaii
SIGNATORIES
Federal Highway Administration
Hawaii State Historic Preservation Officer
INVITED SIGNATORIES
State of Hawaii Department of Transportation
CONCURRING PARTIES
National Trust for Historic Preservation
Hawaii Preparatory Academy
Historic Hawaii Foundation
Hawaii Island Burial Council
Cultural Resources Commission
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MEMORANDUM OF AGREEMENT
AMONG THE FEDERAL HIGHWAY ADMINISTRATION,
THE HAWAII STATE HISTORIC PRESERVATION OFFICER,AND THE STATE OF
HAWAII DEPARTMENT OF TRANSPORTATION
REGARDING THE
REPLACEMENT OF WAIAKA BRIDGE AND REALIGNMENT OF APPROACHES
PROJECT
FEDERAL-AID PROJECT NO. BR-NH-019-1(045)
Lalamilo and Keanuiomano Ahupuaa,Kohala Moku,Hawaii Island,State of Hawaii
SIGNATURES
SIGNATORIES
FEDERAL HIGHWAY ADMINISTRATION
RICHELLE M Digitally signed by
RICHELLEMTAKARA
TAKARA Date: 2025.05.13
14:14:59 -10'00'
Richelle Takara
Division Administrator
Federal Highway Administration
Date: 5/13/2025
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MEMORANDUM OF AGREEMENT
AMONG THE FEDERAL HIGHWAY ADMINISTRATION,
THE HAWAII STATE HISTORIC PRESERVATION OFFICER,AND THE STATE OF
HAWAII DEPARTMENT OF TRANSPORTATION
REGARDING THE
REPLACEMENT OF WAIAKA BRIDGE AND REALIGNMENT OF APPROACHES
PROJECT
FEDERAL-AID PROJECT NO. BR-NH-019-1(045)
Lalamilo and Keanuiomano Ahupuaa,Kohala Moku,Hawaii Island,State of Hawaii
SIGNATURES
SIGNATORIES
HAWAII STATE HISTORIC PRESERVATION OFFICER
Dawn N. S. Chang, Esq.
State Historic Preservation Officer
May 20,2025
Date:
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MEMORANDUM OF AGREEMENT
AMONG THE FEDERAL HIGHWAY ADMINISTRATION,
THE HAWAII STATE HISTORIC PRESERVATION OFFICER,AND THE STATE OF
HAWAII DEPARTMENT OF TRANSPORTATION
REGARDING THE
REPLACEMENT OF WAIAKA BRIDGE AND REALIGNMENT OF APPROACHES
PROJECT
FEDERAL-AID PROJECT NO. BR-NH-019-1(045)
Lalamilo and Keanuiomano Ahupuaa,Kohala Moku,Hawaii Island,State of Hawaii
SIGNATURES
SIGNATORIES
STATE OF HAWAII DEPARTMENT OF TRANSPORTATION
Edwin H. Sniffen
Director of Transportation
State of Hawaii Department of Transportation
Date: May 1,2025
10
MEMORANDUM OF AGREEMENT
AMONG THE FEDERAL HIGHWAY ADMINISTRATION,
THE HAWAII STATE HISTORIC PRESERVATION OFFICER,AND THE STATE OF
HAWAII DEPARTMENT OF TRANSPORTATION
REGARDING THE
REPLACEMENT OF WAIAKA BRIDGE AND REALIGNMENT OF APPROACHES
PROJECT
FEDERAL-AID PROJECT NO.BR-NH-019-1(045)
Lalamilo and Keanuiomano Ahupuaa,Kohala Moku, Hawaii Island, State of Hawaii
SIGNATURES
CONCURRING PARTIES
NATIONAL TRUST FOR HISTORIC PRESERVATION
Carol Quillen
President
National Trust for Historic Preservation
Date:
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MEMORANDUM OF AGREEMENT
AMONG THE FEDERAL HIGHWAY ADMINISTRATION,
THE HAWAII STATE HISTORIC PRESERVATION OFFICER,AND THE STATE OF
HAWAII DEPARTMENT OF TRANSPORTATION
REGARDING THE
REPLACEMENT OF WAIAKA BRIDGE AND REALIGNMENT OF APPROACHES
PROJECT
FEDERAL-AID PROJECT NO.BR-NH-019-1(045)
Lalamilo and Keanuiomano Ahupuaa,Kohala Moku,Hawaii Island,State of Hawaii
SIGNATURES
CONCURRING PARTIES
HAWAII PREPARTORY ACADEMY
Fred Wawner
Interim Head of School
Hawaii Preparatory Academy
Date:
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MEMORANDUM OF AGREEMENT
AMONG THE FEDERAL HIGHWAY ADMINISTRATION,
THE HAWAII STATE HISTORIC PRESERVATION OFFICER,AND THE STATE OF
HAWAII DEPARTMENT OF TRANSPORTATION
REGARDING THE
REPLACEMENT OF WAIAKA BRIDGE AND REALIGNMENT OF APPROACHES
PROJECT
FEDERAL-AID PROJECT NO.BR-NH-019-1(045)
Lalamilo and Keanuiomano Ahupuaa,Kohala Moku,Hawaii Island,State of Hawaii
SIGNATURES
CONCURRING PARTIES
HISTORIC HAWAII FOUNDATION
Kiersten Fualkner
Executive Director
Historic Hawaii Foundation
Date:
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MEMORANDUM OF AGREEMENT
AMONG THE FEDERAL HIGHWAY ADMINISTRATION,
THE HAWAII STATE HISTORIC PRESERVATION OFFICER,AND THE STATE OF
HAWAII DEPARTMENT OF TRANSPORTATION
REGARDING THE
REPLACEMENT OF WAIAKA BRIDGE AND REALIGNMENT OF APPROACHES
PROJECT
FEDERAL-AID PROJECT NO.BR-NH-019-1(045)
Lalamilo and Keanuiomano Ahupuaa,Kohala Moku,Hawaii Island,State of Hawaii
SIGNATURES
CONCURRING PARTIES
HAWAII ISLAND BURIAL COUNCIL
Nalei Pate-Kahakalau
Chair
Hawaii Island Burial Council
Date:
14
MEMORANDUM OF AGREEMENT
AMONG THE FEDERAL HIGHWAY ADMINISTRATION,
THE HAWAII STATE HISTORIC PRESERVATION OFFICER,AND THE STATE OF
HAWAII DEPARTMENT OF TRANSPORTATION
REGARDING THE
REPLACEMENT OF WAIAKA BRIDGE AND REALIGNMENT OF APPROACHES
PROJECT
FEDERAL-AID PROJECT NO.BR-NH-019-1(045)
Lalamilo and Keanuiomano Ahupuaa,Kohala Moku, Hawaii Island, State of Hawaii
SIGNATURES
CONCURRING PARTIES
HAWAII ISLAND CULTURAL RESOURCE COMMISSION
Matthew Clark
Chair
Cultural Resources Commission
Date:
15
EXHIBIT A
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