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CITY COUNCIL CITY AND COUNTY OF HONOLULU

HONOLULU, HAWAII No. 10-305

RESOLUTION

RE-AUTHORIZING THE DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION SERVICES TO EXECUTE THE SECTION 106 PROGRAMMATIC AGREEMENT WITH THE U.S. DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION, THE HAWAI'l STATE HISTORIC PRESERVATION OFFICER, AND THE ADVISORY COUNCIL ON HISTORIC PRESERVATION FOR THE HONOLULU HIGH-CAPACITY TRANSIT CORRIDOR PROJECT.

WHEREAS, Chapter 1, Article 8 of the Revised Ordinances of the City and County of Honolulu 1990 (ROH), as amended, requires that any intergovernmental agreement which places an obligation upon the City and County of Honolulu (City) or any agency thereof, shall require prior City Council consent and approval in the form of a resolution; and

WHEREAS, the terms of the Section 106 programmatic agreement (PA) place an obligation, as that term is defined under ROH Section 1-8.1, on the City; and

WHEREAS, the City is proposing the Honolulu High-Capacity Transit Corridor Project (Project) on O'ahu and is seeking financial assistance from the Federal Transit Administration (FTA) for the Project, which is therefore a federal undertaking subject to Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470f) (Section 106) and its implementing regulation at 36 C.F.R. part 800; and

WHEREAS, the Section 106 process seeks to accommodate historic preservation concerns with the needs of federal undertakings through consultation among parties with an interest in the effects of the undertaking on historic properties; and

WHEREAS, pursuant to 36 C.F.R. part 800, the goal of consultation is to identify historic properties included in, or eligible for inclusion in, the National Register of Historic Places that are potentially affected by the undertaking, assess the effects, and seek ways to avoid, minimize, or mitigate any adverse effects on historic properties; and

WHEREAS, pursuant to 36 C.F.R. part 800, the FTA and the City have consulted with the Hawai'i State Historic Preservation Officer, the Advisory Council on Historic Preservation, and the following parties: U.S. Navy (U.S. Naval Base Pearl Harbor), Historic Hawai'i Foundation, National Park Service, National Trust for Historic Preservation, University of Hawai'i Historic Preservation Certificate Program, American Institute of Architects, Hawai'i Community Development Authority, Office of Hawaiian Affairs, O'ahu Island Burial Council, Hui Malama I Na Kupuna 0 Hawai'i Nei, Royal Order of Kamehameha, The Ahahui Ka'ahumanu, The Hale 0 Na Ali'i 0 Hawai'i, The

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Daughters and Sons of the Hawaiian Warriors, Association of Hawaiian Civic Clubs, Ali'i Pauahi Hawaiian Civic Club, Ka Lei Maile Ali'i Hawaiian Civic Club, King Kamehameha Hawaiian Civic Club, Nanaikapono Hawaiian Civic Club, Hawaiian Civic Club of Wahiawa, Ahahui Siwila Hawai'i 0 Kapolei Hawaiian Civic Club, Waikiki Hawaiian Civic Club, Princess Kaiulani Hawaiian Civic Club, Waianae Hawaiian Civic Club, Merchant Street Hawaiian Civic Club, Prince Kuhio Hawaiian Civic Club, Pearl Harbor Hawaiian Civic Club, Hawaiian Civic Club of `Ewa-Puuloa, Kalihi-Palama Hawaiian Civic Club, and Hawaiian Civic Club of Honolulu (collectively, the Consulting Parties); and

WHEREAS, the terms of the PA were negotiated by and among the FTA, the City, and the Consulting Parties; and

WHEREAS, this PA is being presented to the Council again, because (1) pursuant to Resolution 09-306, CD1, the Council requested that the City Department of Transportation Services (DTS) return to the Council if substantial changes were made to the PA, and (2) subsequent negotiations resulted in substantial changes to the proposed PA which include, but are not limited to, the addition of a project manager position, the addition of the U.S. Navy as an invited signatory, and the extension of time for addressing inadvertent discoveries of iwi during construction that exceed State legal requirements; and

WHEREAS, the FTA will ensure that the terms of this PA are carried out and will require, as a condition of any approval of federal funding for the Project, adherence to the stipulations set forth in the PA; and

WHEREAS, pursuant to 36 C.F.R. part 800, the FTA, the Advisory Council on Historic Preservation, and the Hawai'i State Historic Preservation Officer are signatories to the PA; and

WHEREAS, the FTA invited the City DTS to be a signatory to the PA; and

WHEREAS, the FTA invited all the Consulting Parties, if they are not invited signatories, to be concurring parties to the PA if they choose; now, therefore,

BE IT RESOLVED by the Council of the City and County of Honolulu that the Director of DTS be hereby authorized to:

1. Sign the PA in substantially the same form as the proposed agreement attached hereto as Exhibit "Al ," and

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2. Execute any incidental or related agreements and documents in furtherance of the above agreement so long as such agreements and documents do not incur additional obligations on the part of the City; and

BE IT FINALLY RESOLVED that the clerk is hereby directed to transmit certified copies of this resolution to the Director of the Department of Transportation Services, the Federal Transit Administration, the Hawai'i State Historic Preservation Officer, and the Advisory Council on Historic Preservation.

INTRODUCED BY:

DATE OF INTRODUCTION:

Honolulu, Hawaii Councilmembers

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