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HHCTCP Programmatic AgreementFinal — January 2011WHEREAS, in accordance with 36 C.F.R. § 800.6(a)(1), FTA has notified the ACHP ofits adverse effect determination with the required documentation, and the ACHP haschosen to participate formally in the consultation; andWHEREAS, the FTA, the ACHP, the U.S. Navy and the Hawaii State HistoricPreservation Officer (SHPO) are signatories to this PA; andWHEREAS, FTA invited the City and the NPS to be invited signatories to this PA; andWHEREAS, FTA invited all other consulting parties to be concurring parties to this PA ifthey choose; andWHEREAS, signatories, invited signatories, concurring parties and consulting partiesare all consulting parties; andWHEREAS, FTA commits to continued engagement and ongoing communication withthe consulting parties for the duration of this PA; andWHEREAS, any future extensions of the Project with federal involvement wouldundergo a separate independent review under the National Environmental Policy Actand Section 106 of the NHPA, and any such review will be guided by the approaches totreatment of historic properties included in this PA; andWHEREAS, unless defined differently in this PA, all terms are used in accordance with36 C.F.R. § 800.16; andNOW, THEREFORE, FTA, ACHP, the Hawail SHP and the U.S. Navy agree that theundertaking shall be implemented in accordance with the following stipulations in orderto take into account the adverse effect of the undertaking on historic properties.5AR00087706

HHCTCP Programmatic AgreementFinal — January 2011STIPULATIONSThe FTA will ensure that the terms of this PA are carried out and will require, as acondition of any approval of federal funding for the undertaking, adherence to thestipulations set forth herein.I.Roles and ResponsibilitiesA.FTA Responsibilities In compliance with its responsibilities under the NHPA,and as a condition of its funding award to the City under 49 U.S.C. § 5309 and anyother subsequently identified FTA funding of the Undertaking, FTA will ensure that theCity carries out the stipulated provisions of this PA in accordance with any applicableACHP policy statements and guidelines.—B.SHPD Responsibilities The SHPD shall specifically review and providecomments for work products completed as part of this PA.—C.ACHP Responsibilitiesdisputes.—The ACHP will provide oversight and advise onD.U.S. Navy Responsibilities The U.S. Navy will work with the City, FTA, othersignatories and consulting parties, and their contractors to coordinate and assist wherenecessary, in carrying out the stipulations listed below that affect Navy interests andNavy properties.–E.City Responsibilities The City shall represent the interests of FTA andcoordinate all activities described in the PA to carry out the stipulations below. The Citywill consult with the SHPD and other agency staff, as appropriate, in planning andimplementing the stipulations of this PA. The City shall submit all plans and documentsrequired by this PA in a timely and accurate manner to the SHPD and other agencies,as stipulated, for review. The City shall also ensure that all treatment measuresdeveloped by the City and as a result of consultation are compliant with governmentwide policies and regulations.—F.Qualifications of Personnel Unless otherwise specified, all work carried outunder the terms of this PA shall be conducted and/or supervised by cultural resourcesprofessionals (historians, architectural historians, historic architects, and/orarcheologists, as appropriate) who meet the Secretary of the Interior's ProfessionalQualification Standards set forth in Procedures for State, Tribal, and Local GovernmentHistoric Preservation Programs, 36 C.F.R. pt. 61, Appendix A.—G.The City shall provide an architectural historian through the completion of Projectconstruction, who meets the qualifications described in Stipulation I. E for the purpose ofcoordinating Section 106 Project activities with other City departments (e.g.,Department of Planning and Permitting (DPP)) and to ensure consideration of historicpreservation in TOD and other development projects along the Project corridor.6AR00087707

HHCTCP Programmatic AgreementFinal — January 2011H.PA Project ManagerThe City shall fund an independent PA Project Manager (Kakdo) within six (6) monthsof the PA being signed to assist with the coordination of all reviews and deliverablesrequired under the terms of the PA.The Kaki shall meet the Secretary of the Interior's Professional QualificationStandards set forth at 36 C.F.R. pt. 61 regarding qualifications for preservationprofessionals in the areas of history, archaeology, architectural history, architecture orhistoric architecture.ProcurementTo the extent permissible by applicable state and federal procurement laws, the FTAand SHPD shall review and approve (1) the procurement request for the Kaki prior tothe release of such request, (2) the qualifications of the final candidates underconsideration by the City prior to the final selection of the Kaki by the City, and (3) thescope of work of the Kaki to be included in the City's contract with the Kaki , inorder to ensure that the Kaki duties and responsibilities are consistent with theprovisions of this StipulationUpon making its selection of the Kaki , the City shall provide written notificationthereof to the FTA, SHPD and other Signatory and consulting parties.DurationThe Kaki shall serve during the design and construction process for the Project. TheKaki shall continue to perform the Kakdo's responsibilities for the duration of this PApursuant Stipulation XIV.D.Roles and ResponsibilitiesThe Kakdo's principal task shall be to independently monitor, assess and report to theconsulting parties on compliance by the City with this PA, specifically, theimplementation of the measures to resolve adverse effects stipulated herein.In addition, the City shall continue to engage, as part of its Project design team,consultant(s) which have professional qualifications meeting Secretary of the Interior'sprofessional standards in the areas of history, archaeology, architectural history,architecture, or historic architecture, as appropriate, to carry out the specific provisionsof this PA. The City shall also continue to be responsible for the performance of furtherstudies, evaluations and other tasks required to meet the Stipulations set forth in thisPA.In this context and consistent with the independent monitoring, reporting and advisoryrole assigned to the Kaki under this PA, the Kaki shall perform the followingresponsibilities:1.Establish and coordinate consultation and Project status update meetingsas stipulated in Stipulations III.B and IX.B. On an as needed basis, additional7AR00087708

HHCTCP Programmatic AgreementFinal — January 2011meetings may be held to address unforeseen effects on historic propertiesdetermined to be eligible within the APE as provided for in Appendix A.2.Establish and maintain lines of project-related communication andconsultation with the consulting parties and the design and constructionengineers, including oversight and monitoring of internet sites created for theProject.3.Monitor, assess and report, in writing, to the consulting parties onmitigation related to Phases I through IV and any associated deliverables of thisPA that are to be reviewed by the consulting parties (Stipulations III through XII).4.Monitor and report on the City's compliance during the design andconstruction process for the Project with the special historic preservation designguidelines referred to in Stipulation IV.A, Design Standards.5.Monitor and report on work performed on historic properties with respectto measures to resolve adverse effects caused by the Project in accordance withStipulations IX.0 (demolition monitoring) and X.0 (construction monitoring) of thisPA.6.Coordinate regularly with the FTA and SHPD in connection with theKakob's observations and recommendations regarding the progress of theProject in implementing measures to resolve adverse effects called for under thisPA.7.Report to the City, the FTA and SHPD concerning the existence, if any, ofpreviously unidentified adverse effects of the Project on historic properties withinthe APE (that is, adverse effects which are not otherwise materially identified inthe PA).8.Submit written reports concerning the progress of the Project in theimplementation of the Stipulations set forth herein in accordance with thereporting requirements in Stipulation XIV.E., with copies available to any otherinterested party who so requests.9.Address requests by consulting parties to review deliverables anddocumentation that are provided to concurring parties.10.Collect any comments from the consulting parties that identify impactsdifferent from those stated in this PA to historic properties located within the APEfor City and FTA processing. The Kakob shall research the issues presented asdescribed in Appendix A and prepare a recommendation for the disposition of therequest and action by FTA. The notification process for consulting parties tosubmit requests for consideration is outlined in Appendix A of this PA.8AR00087709

HHCTCP Programmatic AgreementFinal — January 201111.Provide administrative support and technical assistance required by theconsulting parties to meet the terms of this PA such as the timely submission ofdeliverables and the issuance of regular public updates regarding historicpreservation issues.12.Develop a best practice manual related to historic properties and aSection 106 "lessons learned" case study on the Project that may be helpful tofuture Section 106 processes on this and other projects. The best practicemanual and "lessons learned" case study will be made available to the consultingparties and other interested parties within one (1) year of the completion ofPhase 1 construction. When complete, FTA will make the best practice manualsavailable on their public website.II.Traditional Cultural PropertiesA.Through preliminary cultural resources research for the Project, the FTA and theCity have only identified one Traditional Cultural Property (TCP), the Chinatown HistoricDistrict. Within thirty (30) days of execution of this PA, the City shall undertake a study,at the request of the consulting parties, to determine the presence of previouslyunidentified TCPs within the APE, which includes cultural landscapes if present. Priorto construction commencement, the City shall meet with the SHPD, consulting parties,and other parties with expertise, including Native Hawaiian organizations (NHOs) todiscuss and identify potential TCPs, as defined by the National Register Bulletin 38,Guidelines for Evaluating and Documenting Traditional Cultural Properties. Building oncultural practices analysis already completed to address Act 50, Session Laws ofHawaii 2000 requirements, the City shall undertake studies to evaluate these TCPs forNRHP eligibility in accordance with guidance in National Register Bulletin 38. The TCPstudy shall be completed by qualified staff with experience in ethnographic studies andTCP assessments for NRHP eligibility.If FTA determines that eligible TCPs are present, the City will complete effectsassessments and seek SHPD concurrence on both eligibility and effects determinations.SHPD will have thirty (30) days to review eligibility and effect determinations. If FTA orthe SHPD determine that there are adverse effects on eligible TCPs, the City shall meetwith consulting parties to identify measures to avoid, minimize, or mitigate adverseeffects. The City will complete all fieldwork, eligibility and effects determination, andconsultation to develop treatment measures prior to the commencement of construction.The City shall complete any treatment measures prior to undertaking each constructionphase that would adversely affect a TCP. Regardless of effect determination, the Citywill complete NRHP nominations for properties that meet the NRHP criteria for TCPs.The SHPD, NPS and consulting parties, including NHOs, will review draft NRHPnominations and provide comments within thirty (30) days of receipt. The City willconsider all comments when completing final NRHP nominations. The City will submitfinal NRHP nominations to SHPD.9AR00087710

HHCTCP Programmatic AgreementFinal — January 2011III.Identification and Protection of Archaeological Sites and BurialsThe City shall implement the following archaeological stipulations before each of thefour construction phases.A.Initial Planning1.The APE for archaeological resources is defined as all areas of directground disturbance by the Project. This APE for archaeology includes any areasexcavated for the placement of piers to support the elevated structures,foundations for buildings and structures, utility installation, grading to provideparking, or other construction-related ground disturbance, including preparationof construction staging areas. The APE includes the new location of any utilitiesthat will be relocated by the Project.2.The City shall develop an Archaeological Inventory Survey (AIS) Plan forthe APE for each construction phase and shall submit it to the SHPD. The SHPDwill provide comments to the City to be taken into account in revising the AISplan or accept the AIS Plan within thirty (30) days. The AIS Plan shall follow therequirements of Hawail Administrative Rules (HAR) Chapter 13-276, RulesGoverning Standards for Archaeological Inventory Surveys and Reports.3.The Ocahu Island Burial Council (0IBC) will have jurisdiction to determinethe treatment of previously identified Native Hawaiian burial sites pursuant toHAR Chapter 13-300, Rules of Practice and Procedure Relating to Burial Sitesand Human Remains. Any iwi kupuna (Native Hawaiian burials) discoveredduring the AIS shall be treated as previously identified burial sites.B.OIBC, Lineal and Cultural Descendents, and NHO Consultation1.Within sixty (60) days of execution of this PA, the City shall consult withthe (ABC, lineal and cultural descendents, NHOs and other interested partiesthat are identified in discussion with (ABC, about the scope of investigation forthe AIS Plan for construction of Phase 4. The City shall provide preliminaryengineering plans and existing utility maps to assist in the scoping process. TheAIS Plan will provide for investigation of the entire Phase 4 area, including fromWaiakamilo Road to Ala Moana Center. In the portion of Phase 4 with thegreatest potential for resources as identified in the Honolulu High-CapacityCorridor Project Archaeological Resources Technical Report (RTD 2008n), theAIS Plan will evaluate all areas that will be disturbed by the Project. The AISPlan will include a review of historical shoreline location, soil type, and, whereindicated by conditions, the survey measures listed in Stipulation III.C, includingsubsurface testing, for each column location, utility relocation, and major featuresof each station and traction power substation location based on preliminaryengineering design data. The AIS Plan shall be submitted to the SHPD withinfour (4) months of execution of this PA. SHPD will provide comments on the AISPlan to the City within sixty (60) days. The City will incorporate any timely10AR00087711

HHCTCP Programmatic AgreementFinal — January 2011comments in revising the AIS Plan. Archaeological investigation will beginfollowing approval of the AIS Plan by the SHPD.2.The City shall complete the AIS for Phase 4 (Middle Street to Ala MoanaCenter) prior to beginning final design for that area.3.The City shall inform (ABC of the status of the AIS. The City will continueto meet regularly with the (ABC, either as a taskforce, or with the council of thewhole, for the duration of the construction period of the Project.4.The City, in coordination with the (ABC, lineal and cultural descendents,NHOs, and other interested parties that are identified in discussion with (ABCshall complete a draft protocol for consultation regarding treatment of any iwikupuna identified during the AIS. It shall be provided to the (ABC for reviewwithin six (6) months of the execution of this PA. The protocol shall address, atminimum, a process for communication about any identified iwi kupuna,definitions that will be applied to the Project, identification and inclusion of linealand cultural descendents and NHOs, and workflow of actions prior to and uponidentification of iwi kupuna during AIS. The workflow shall provide for options toavoid moving iwi kupuna (preservation in place) versus relocation options.Avoidance shall include relocation of columns, change of column design to orfrom a center alignment to straddle bent or other alternatively-supported design,modification of span length, and alternate utility locations. The City will take intoaccount any comments provided within sixty (60) days from the (ABC, lineal andcultural descendents, NHOs and other interested parties to finalize the draftprotocol. The City will proceed in accordance with the protocol once it isapproved by FTA. Nothing in this protocol will supersede HRS § 6E 43.5, or HARChapter 13-300.5.Dispute Resolution Specific to Stipulation XIV.C: Should the partiesidentified in this stipulation be unable to resolve elements identified in thisstipulation, the parties would first consult with the signatories to this PA forguidance. Should the parties still be unable to resolve the dispute, the provisionsof Stipulation XIV.0 would take effect.C.Fieldwork—The City shall conduct archaeological fieldwork as presented in theAIS Plan. For construction Phases 1, 2 and 3, the archaeological fieldwork shall becompleted in advance of the completion of final design for each phase so that thepresence of any sensitive archaeological sites/burials discovered during fieldwork maybe considered during final design and measures incorporated to avoid and/or minimizeadverse effects on historic properties. The City shall inform (ABC of status of thearchaeological investigation. Fieldwork required by the AIS Plan shall include, but notbe limited to, the following:1.Reconnaissance survey (archival research and visual inspection bypedestrian inventory) within the APE,11AR00087712

HHCTCP Programmatic AgreementFinal — January 20112.A sample survey of subsurface conditions with ground-penetrating radar(GPR), and subsurface inspection as warranted,3.A subsurface testing regime for locations identified in the AIS Plan,4.A description of archaeological methods specific and applicable to thefindings will be used in analysis, and5.Draft and final reports summarizing the results of the fieldwork andanalysis shall be submitted to the SHPD for review and approval.D.Treatment Plans Based on the results of the AIS fieldwork and in consultationwith the SHPD, the City shall develop a specific treatment plan to avoid, minimize, ormitigate adverse effects on historic properties including archeological sites and burialspursuant to applicable state laws, including HRS Chapter 6E, Historic Preservation, andHAR Chapter 13-300, Rules of Practice and Procedure Relating to Burial Sites andHuman Remains, for each construction phase. Treatment plans shall be submitted tothe SHPD for approval. Upon approval by the SHPD, the City shall implement thetreatment plan.1.Any human remains found on lands owned or controlled by the federalgovernment will be addressed in accordance with the Native American GravesProtection and Repatriation Act (NAGPRA), 25 U.S.C. § 3001 et seq., incoordination with the affected land management agency.—2.The City confirms that guideway columns may be relocated a limiteddistance along the guideway at most column locations, straddle-bent supportsmay be used, or special sections developed to modify span length allowing forpreservation in-place to be viable in those locations. If the (ABC determines thata burial is to be relocated, the City will consult with the (ABC to determineappropriate reinterment, which may include relocation to Project property in thevicinity of the discovery.E.Mitigation Plans Subsequent to the archaeological fieldwork and developmentof the treatment plan, the City, in consultation with the SHPD, shall develop mitigationplans as appropriate. The mitigation plans may include the following:—1.Archaeological Monitoring Plana. The City may develop an archaeological resources monitoring planspecifying the locations within the construction area that require amonitor and de

Services (DTS) is proposing the Honolulu High-Capacity Transit Corridor Project (Project or Undertaking) on Ocahu and is seeking financial assistance from the U.S. Department of Transportation Federal Transit Administration (FTA) for the Project, which is therefore a Federal un