A.02.13 PWS Attachment 2 - Memo of Finalization of OH TM.pdf

U.S. Department of Homeland Security FEMA Region 9 1111 Broadway, Suite 1200 Oakland, CA 94607

December 19, 2023

Memorandum of TM Finalization: FEMA-4724-DR-HI

Project No.: 2023PR00979 Consolidated Debris Removal Program – FINAL Oral History Treatment Measure

Purpose This memorandum serves to document FEMA’s consultation efforts in developing and finalizing the Oral History Documentation Treatment Measure to resolve anticipated adverse effects associated with the Consolidated Debris Removal Program (CDRP).

Background In response to major Disaster Declaration, FEMA-DR-4724-HI, dated August 10, 2023, for the Wildfires in Maui County, the State of Hawai’i requested assistance with the removal of fire generated debris on private, commercial, and public properties. Expedited debris removal is necessary to address the immediate and ongoing threat to human health, safety, and properties caused by the wildfire debris, and to facilitate the recovery of individuals, families, and the community as a whole. The assistance is provided through the U.S. Army Corps of Engineers (USACE) Private Property Debris Removal Program, also referred to as the CDRP (Undertaking).

FEMA reviewed the Undertaking pursuant to Section 106 of the National Historic Preservation Act (NHPA) and the Programmatic Agreement currently in effect with Federal Emergency Management Agency (FEMA) of the U.S. Department of Homeland Security, the Hawai’i State Historic Preservation Officer (SHPO or SHPD), the Office of Hawaiian Affairs (OHA), and HI-EMA (Programmatic Agreement), executed in 2016, as extended through amendment in 2023.

Draft 1: Included in FEMA’s Notice of Finalization – October 2, 2023 FEMA determined the CDRP constituted an emergency Undertaking with the potential to Adversely Effect historic properties during FEMA’s expedited review for Emergency Undertakings. On October 2, 2023, FEMA sent SHPD, OHA, and participating Native Hawaiian Organizations (NHOs) a final decision notification regarding the application of treatment measures to resolve the emergency Undertaking’s anticipated adverse effects in accordance with Stipulation II.B.2.e. of the Programmatic Agreement. During the comment period preceding the final notification, FEMA received several suggestions from consulting parties to include an Oral History Documentation Treatment Measure as part of the resolution of adverse effects. In the final decision notification, FEMA included a draft version of the Oral History Documentation Treatment

Measure and stated FEMA would further develop it through additional consultation with consulting parties while debris removal is ongoing.

Draft 2: Comment Period - 10/31/2023 – 11/30/2023 On October 31, 2023, FEMA distributed a request for comment on an updated draft of the Oral History Documentation Treatment Measure to the SHPD, OHA, and participating NHOs. Initially, FEMA did not receive any feedback and sent out a reminder to the consulting parties on November 13, 2023. As a result, FEMA received two comments from NHOs via email. FEMA organized and hosted a listening session on November 30, 2023, with SHPD, OHA, participating NHOs, and Maui County to listen and gather additional feedback from the consulting parties. Based on feedback received, FEMA revised the Oral History Documentation Treatment Measure, and submitted it to consulting parties on December 9, 2023, for review and comment. In the review request, FEMA agreed to consider any additional feedback provided prior to close of business Friday, December 15, 2023, prior to finalization.

Draft 3: Comment Period – 12/09/2023 – 12/15/2023 Since December 9, 2023, FEMA has received feedback via email from SHPD, Maui County, and NHOs with suggestion and recommendations. FEMA has taken into consideration the feedback provided and has produced a final version of the treatment measure included below.

Finalized Treatment Measure

Treatment Measure: Oral History Documentation

*To Supplement the Potential Future Evaluation of Lāhainā as a Traditional Cultural Property

FEMA, with consideration of feedback provided by SHPD, OHA, and NHOs, will identify a qualified party to complete oral history documentation which may be used to supplement a potential future evaluation of Lāhainā as a Traditional Cultural Property. In accordance with National Register Bulletin 38 (nps.gov), traditional cultural values are central to the way a community defines itself, and maintaining these values is vital to maintaining a community’s sense of identity. Identifying “traditional cultural places” may be difficult from someone outside the community to recognize. The Implementing Party (IP) shall be from Maui County. Additionally, the IP shall utilize staff or contractors meeting the Professional Qualifications for the appropriate discipline, including an ethnographer meeting the qualifications as outlined in NR Bulletin 38, and include those who culturally affiliated, lived in Lāhainā, and/or are lineally descended from someone who is currently living or who once lived in the Lāhainā Moku. The IP’s staff or contractors shall be skilled in researching and interpreting historic documents written in ʻŌlelo Hawaiʻi, Japanese, Filipino, Chinese, and Portuguese and be able to communicate in those languages, as needed. The scope for the oral history documentation will be focused on the pre-contact and post-contact history of the Lāhainā Moku excluding discussion of the recent fire. Topics to be covered may include, but are not limited to, the history of Lāhainā, starting with the Chiefdom of Lāhainā, the Kingdom of Hawaiʻi, the https://www.nps.gov/subjects/nationalregister/upload/NRB38-Completeweb.pdf

Provisional Government, the Republic of Hawai’i, the Territory of Hawai’i, and the State of Hawai’i.

The National Park Service refers to the Oral History Association’s set of Best Practices to provide guidance on how to conduct high-quality oral history interviews, which includes outlined standard practices to ensure the production of historically valuable and ethically conducted interviews (Best Practices | Oral History Association). The IP will ensure work is conducted in accordance with the four key elements identified in the Oral History Association’s Best Practices which are briefly outlined/contextualized below.

The identified IP shall:

1. Preparation: outline an oral history plan including an overview of the purpose and procedure of collecting oral history documentation. The IP shall work with FEMA, SHPD, OHA, and NHOs to identify and contact cultural groups and individuals to be interviewed. Additionally, Interviewees must have specialized knowledge of Lāhainā’s history and culture. Interviewees must have historically resided in Lāhainā or lineally descended from someone who is currently living or once lived in the Lāhainā Moku. The IP shall invite members of Japanese, Filipino, Chinese, Portuguese, and other immigrant communities to participate.

To ensure informed consent, the IP shall provide the interviewees an overview of the oral history process, its purpose, its potential use, including that most information provided will be available to the public. To prepare informed questions, the IP shall conduct background research into what has already been recorded about Lāhainā’s history, ethnography, sociology, and folklife.

2. Interviewing: create, where possible, high-quality recordings of interviews (either audio or video format) in a quiet location unless part of the oral history process includes gathering soundscapes or ambient sounds. The IP and interviewee shall agree in advance the language the interview will be conducted in, and the approximate length of each interview session but remain flexible. The IP should capture contextual information at the onset of each interview session, ask open-ended questions and actively listen to answers, and ask follow-up questions to seek additional clarification, elaboration, and reflection where needed. At the conclusion of the interview, the IP shall secure a signed legal release form that is in accordance with the requirements of the final repository. The IP shall continue to coordinate with the FEMA, SHPD, OHA, participating NHO(s), through data collection, drafting of the oral history documentation, and delivery of the final product within the established timeline.

*The IP shall respect the rights of interviewee to refuse to discuss certain subjects and restrict access to portions of the interview if sensitive information is shared such as the location of archaeological sites, burial locations and/or associated funerary objects.

3. Preservation: recordings will be stored, processed, refreshed, and accessed according to establish archival standards specific to the media format used.

FEMA, in coordination with SHPD, OHA, NHOs, shall identify an appropriate repository for the oral history documentation. The repository shall have the capacity to ensure the long-term professionally managed preservation and access https://oralhistory.org/best-practices/ and honor the prior agreements made with interviewees (including restrictions on access and methods of distribution). The IP shall coordinate with the selected repository for any format and documentation requirements. Prior to deposit, the IP shall transfer the recording from whatever device was used and make an appropriate number of redundant copies to be stored in different physical locations. The IP shall document and provide their preparation methods, inclusive of the project’s context and goals, and organize and preserve material related to each interview (photographs, documents, metadata, other documents) in corresponding interview files.

4. Access and Use: the selected repository should provide written documentation including transcripts and translations (as needed), indexes with time tags linking to the recording, detailed descriptions of interview content, or other guides to the contents. Additionally, the selected repository shall maintain a record of access, uphold interviewee restriction agreements, and be prepared to provide timely access to material. If access is requested to restricted material (i.e. archaeological and or burial related content) access must be requested by qualified individuals with a need-to-know through the State Historic Preservation Division.