MEMORAMDUM OF AGREEMENT

BETWEEN THE US ARMY GARRISON, HAWAII,

THE HAWAI‘I STATE HISTORIC PRESERVATION OFFICER, AND

THE ADVISORY COUNCIL ON HISTORIC PRESERVATION

REGARDING VEGETATION MANAGEMENT IN VARIOUS ARCHAEOLOGICAL

SITES IN

MAKUA MILITARY RESERVATION, O‘AHU, HAWAI‘I

Whereas, US Army Garrison, Hawaii (USAG-HI) plans to carry out vegetation management (Project) at Makua Military Reservation (MMR); and

Whereas, MMR is an area made up of lands owned by the US Army, lands ceded to the US Government, and lands leased from the State of Hawaii, and is operated by USAG- HI as a federal facility;and

Whereas, USAG-HI plans to carry out the Project pursuant to Army Regulation, thereby making the Project an undertaking subject to review under Section 106 of the National Historic Preservation Act (NHPA), 16 USC § 470f, and its implementing regulations, 36 CFR Part 800; and

Whereas, the undertaking consists of the use of gas powered trimmers, hand tools, chainsaws, and herbicide and is further explained in Appendix A; and

Whereas, USAG-HI has defined the undertaking’s area of potential effect (APE) as areas where vegetation was previously managed and as areas that may undergo vegetation management in the future (Appendix B and D); and

Whereas, USAG-HI has determined that the cumulative effects of the undertaking may have an adverse effect on historic properties at MMR, which are listed in or eligible for listing in the National Register of Historic Places (NRHP) including many archaeological sites (Appendix D), and has consulted with the Hawai’i State Historic Preservation Officer (SHPO) pursuant to 36 CFR Part 800; and

Whereas, all cultural sites are being treated as eligible for listing in the NRHP until a formal determination of eligibility is completed in consultation with the SHPO; and

Whereas, USAG-HI has consulted with Native Hawaiian Organizations (NHOs), that attach religious and cultural significance to historic properties that are affected by this undertaking, and Waianae Coast community members and other individuals who have demonstrated interest in undertakings occurring in MMR (listed in Appendix C), on the development of this Memorandum of Agreement (MOA); and

Whereas, USAG-HI has been consulting with the Waianae Coast Community and the general public for nearly two decades on MMR related undertakings through various public meetings, open houses, educational accesses and outreach, and the individuals and groups identified have come forward as NHOs and interested public who wish to participate in consultations concerning MMR; and

Whereas, through consultation, the NHOs, ʻAha Kūkaniloko Koʻa Mana Mea Ola Kanaka Mauli, Hui Mālama O Mākua, Koʻa Mana, the Office of Hawaiian Affairs, ʻOhana Keaweamahi, Mālama Mākua, and the Waiʻanae Military Civilian Advisory Council, have been invited to sign this MOA as concurring parties; and

Whereas, in accordance with 36 CFR § 800.6(a)(1), USAG-HI has notified the Advisory Council on Historic Preservation (ACHP) of its adverse effect determination with specified documentation, and the ACHP has chosen to participate in the consultation pursuant to 36 C.F.R. § 800.6(a)(1)(iii); and

Whereas, the adverse effects of vegetation management on historic properties was taken into account through two preceding, expired Programmatic Agreements (PA), signed into effect in 2000 and 2009; and

Whereas, the expiration of the 2009 PA required USAG-HI to reassess the vegetation management undertaking under 36 CFR §§ 800.3-4, resulting in this MOA; and

Now, therefore, USAG-HI, SHPO, and ACHP 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

USAG-HI shall ensure that the following measures are carried out:

1. Vegetation Management

a. An archaeologist or archaeological team from the USAG-HI Cultural Resources Program (CRP) will be on site to monitor the initial vegetation clearance of sites previously managed for access as shown in Appendix D. USAG-HI shall make a reasonable effort to accomplish the initial cut within sixty (60) days of the signing of the MOA. USAG-HI CRP personnel will create a ten (10) foot buffer around known petroglyph features, identified in Appendix B, by installing physical markers, such as capped rebar to identify the sensitive areas. Vegetation management within two (2) feet of petroglyph features within the buffers will be accomplished by utilizing hand tools (i.e.

sickles, grass hooks).

b. USAG-HI CRP personnel will give all personnel who will perform vegetation management duties a Cultural Resources Awareness brief prior to the initial cut. This will be repeated semi-annually or whenever new maintenance personnel are hired. The brief will inform vegetation management personnel that they are performing work on sensitive archaeological features and sites. They will be educated on the locations of petroglyph buffered areas, the limitations of herbicide use, the cultural significance of the project area, and the importance of respecting cultural sensitivities.

c. USAG-HI CRP will develop a monitoring plan to assess the condition of each petroglyph feature that is located within vegetation management areas. A monitoring plan will be finalized within sixty (60) days of this MOA going into effect. All site monitoring will be documented on standardized monitoring forms. Sketch maps and/or photographs showing changes in site conditions will be included in the monitoring documentation record. For particular sites, it may be advantageous to establish photographic vantage points, with photographs taken during each monitoring episode.

Monitoring will specifically assess the efficacy of vegetation management restrictions (hand cutting) in designated zones. An annual status report on monitoring will be provided to the signatories and consulting parties. The first report will be provided sixty

(60) days from the one (1) year anniversary of which this MOA is signed and annually thereafter.

d. All monitoring reports will be completed in accordance with the Secretary of

Interior’s (SOI) Standards and Guidelines for Archaeological Documentation.

e. If at any time damage to archaeological features within the vegetation management area is observed, USAG-HI CRP personnel will report the damage to the Cultural Resource Manager (CRM) within forty-eight (48) hours of discovery. The CRP’s report will include to the extent possible (1) the circumstances of the site damage such as how and when the damage occurred and who was responsible; (2) assessment of the nature and extent of site damage including first-hand observations made by the CRP, with reference to site conditions documented prior to the damage; and, (3) suggestions to avoid damage to other sites potentially threatened by similar circumstances. Acting as the Garrison Commander’s representative, the CRM will notify the SHPO within five working days of the discovery. In addition, a status report documenting the site damage will be provided to signatories and consulting parties within ten (10) days of the discovery. Together, the signatories and consulting parties will consult about the treatment of the damaged resource.

2. Amendment

This MOA may be amended when such an amendment is agreed to in writing by all signatories. The amendment will be effective on the date a copy signed by all of the signatories is filed with the ACHP. Other known archaeological sites within Makua Military Reservation not previously managed for access may be added to the areas managed through an amendment.

3. Dispute Resolution

All signatories and concurring parties shall strive to address and resolve disagreements informally. Should any signatory or concurring party to this PA object at any time to any actions proposed or the manner in which the terms of this PA are implemented, USAG-HI shall consult with such party to resolve the dispute within thirty

(30) days of receiving a written objection.

a. If the objection cannot be resolved within thirty (30) days, USAG-HI shall:

1) Forward all documentation relevant to the dispute, including USAG-HI’s proposed resolution, to the ACHP. The ACHP shall provide USAG-HI 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, USAG-HI 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 them with a copy of this written response. USAG-HI will then proceed according to its final decision.

2) If the ACHP does not provide its advice regarding the dispute within the thirty

(30) day time period, USAG-HI may make a final decision on the dispute and proceed accordingly. Prior to reaching such a final decision, USAG-HI shall prepare a written response that takes into account any timely comments regarding the dispute from the signatories or concurring parties of this MOA, and provide them and the ACHP.

USAG-HI responsibility to carry out all other actions subject to the terms of this MOA that are not the subject of the dispute remain unchanged.

4. Termination

If any signatory determines that the terms of the MOA will not or cannot be carried out, that party shall immediately consult with the other parties to attempt to develop an amendment per Stipulation 2. If within thirty (30) days an amendment cannot be reached, any signatory may terminate the MOA upon wriiten notification to the other signatories. Once the MOA is terminated, and prior to work continuing on the undertaking, USAG-HI 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 ACHPunder 36 CFR § 800.7. USAG-HI shall notify the signatories as to the course of action it will pursue.

5. Anti-Deficiency Act

The stipulations of the MOA are subject to the provisions of the Anti-Deficiency Act (31 USC § 1341). USAG-HI will make reasonable and good faith efforts to secure the necessary funds to implement this MOA in its entirety. If compliance with the Anti- Deficiency Act alters or impairs USAG-HI’s ability to implement the stipulations of this MOA, USAG-HI will consult with the SHPO and the ACHP in accordance with the amendment and termination procedures outlined in Stipulations 2 and 4.

6. Duration and Renewal of the Memorandum of Agreement

This MOA shall take effect on the date it is signed by the last Signatory and will remain in effect unless terminated pursuant to Stipulation 4. If not renewed or extended, this MOA will expire ten (10) years after the date of the last signature to this MOA. No extension or modification will be effective unless all Signatories have agreed in writing.

Execution of the MOA by USAG-HI, SHPO, and the ACHP and implementation of its terms evidences that USAG-HI has taken into account the effects of this undertaking on historic properties and afforded the ACHP opportunity to comment.

MEMORAMDUM OF AGREEMENT

BETWEEN THE US ARMY GARRISON, HAWAII,

THE HAWAI’I STATE HISTORIC PRESERVATION OFFICER, AND

THE ADVISORY COUNCIL ON HISTORIC PRESERVATION

REGARDING VEGETATION MANAGEMENT IN VARIOUS ARCHAEOLOGICAL

SITES IN

MAKUA MILITARY RESERVATION, O’AHU, HAWAIi

Deputy State Historic Preservation Officer

Signatory:

Hawaii State Historic Preservation Officer

Alan Downer 9 ‘6 Date

Appendix A Vegetation Management in Archaeological Sites in Makua Military Reservation

The US Army Garrison, Hawaii (USAG-HI) will be managing vegetation through contract or federal personnel, at various archaeological sites within MMR. Vegetation management includes the use of gas powered weed trimmers, hand tools, chainsaws, and herbicide where necessary. Maintaining the vegetation via grass cutting and tree trimming ensures that safety risks are maintained at a low level. A low safety risk level is required to allow the public to access these areas.

Vegetation management of these areas will occur on previously landscaped archaeological sites throughout MMR as well as sites identified as high priority for cultural access. In addition to site areas, previously maintained walking trails and areas adjacent to sites will be managed. All archaeological sites deemed safe for public access have been previously cleared of unexploded ordnance (UXO). Additional sites clearances may occur in the future. Once these sites are cleared of UXO, the vegetation at these sites will also be managed.

Crews will utilize the existing Range road network, as well as trails in order to access site areas for vegetation management. Vehicles will not be permitted into archaeological site areas. Seibert stakes, markers that indicate restricted areas, are placed around archaeological site buffers to identify where vegetation management personnel vehicles are prohibited.

1. Gas powered trimmers

The primary tools used for vegetation management are gas powered weed trimmers. The trimmers are equipped with heavy-duty nylon line. Vegetation management personnel will transport the trimmers into the sites on-foot.

2. Hand tools

Hand tools, such as sickles, grass hooks, and loppers will be used to manage vegetation within petroglyph buffer areas. Hand tools will be used within 2 feet of petroglyph features.

3. Chainsaws and handsaws

Chainsaws and handsaws will only be used in order to trim large tree limbs or to remove trees that cannot be cut using hand tools such as loppers. Coordination with the Cultural Resources program will be required prior to using these tools in archaeological sites in order to ensure that damage to features do not occur.

4. Herbicide use

The utilization of herbicide as a means of controlling grasses in archaeological sites is not permitted. However, it may be necessary to use herbicide to control or eradicate problem trees or shrubs. Applications shall be limited. Other ways to reduce growth of vegetation (e.g. weed cloths or salt-water sprays) may be utilized.

Appendix B Vegetation Management in Archaeological Sites at MMR MOA

Appendix B

Site #50-80-03-xxxx

Description Source Previously managed?

Petroglyph feature(s)?

177 Kaneana McAllister 1933 no no 178 Kumuakuopio Heiau Thrum 1906 yes no 179 Koa fishing shrine McAllister 1933 no no 180 Kaahihi Heiau Thrum 1906 no no 181 Ukanipo Heiau Thrum 1906 yes no 182 Swimming Pool McAllister 1933 no no 183 Koa fishing shrine McAllister 1933 no no 4536 Walls/well Eble et al. 1995 yes yes 4537 Complex Eble et al. 1995 yes no 4538 Complex Eble et al. 1995 yes no 4539 Wall Section Eble et al. 1995 yes no 4540 Complex Eble et. al 1995 no no 4541 Complex Eble et al. 1995 yes 4542 Complex Eble et al. 1995;

Zulick & Cox 2001 yes no

4543 Complex Eble et al. 1995;

Williams et al.

yes no

4544 Complex Eble et al. 1995;

Williams et al.

yes yes

4545 Complex Eble et al. 1995 yes no 4546 Complex Eble et al. 1995;

Williams and Patolo 2000 yes no

4547 Complex Eble et al. 1995;

Williams et al.

yes no

4627 Complex Carlson et al.

no no

4628 Mound Carlson et al.

no no

4629 Mounds Carlson et al.

no no

4630 Complex Carlson et al.

no no

5456 Imu complex Williams and Patolo 2000 yes no

5587 Complex Williams and Patolo 2000 no no

5588 Terrace Williams and Patolo 2000 no no

5589 Terrace-platform Williams and Patolo 2000 no no

5590 Complex Williams and Patolo 2000 no yes

5595 Wall complex Williams et al. no no

Appendix B

5734 Enclosure Williams et al.

no no

5735 Lithic scatter Williams et al.

no no

5775 Complex Cleghorn et al.

no no

5776 Complex Cleghorn et al.

no no

5777 Mound Cleghorn et al.

no no

5778 Complex Cleghorn et al.

no no

5920 Complex Zulick and Cox no yes

5921 Complex Zulick and Cox no no

5922 Complex Zulick and Cox no no

5923 Complex Zulick and Cox no no

5924 Complex Zulick and Cox no no

5925 Complex Zulick and Cox no no

5926 Complex Zulick and Cox yes yes

5927 Retaining wall Zulick and Cox no no

5928 Retaining wall Zulick and Cox no no

5929 Bunker/gun emplacement

Zulick and Cox no no

5930 Platforms Zulick and Cox no no

5931 Wall Zulick and Cox no no

5932 Path Zulick and Cox no no

9518 Trail Rosendahl 1977 no no 9520 (reassigned to 5775-5778 in Robins et al.

2005)

See above Rosendahl 1977 no

9521 (reassigned to 6607 in Robins et al. 2005)

See below Rosendahl 1977 no

9522 (reassigned to 6601, 6596, See below Rosendahl 1977 no

Appendix B

6598 in Robins et

al. 2005) 9523 (reassigned to 4627-4629,5920 in Robins et al.

2005)

See above Rosendahl 1977 no

9524 (reassigned to 4542, 4547, 5923 in Robins et

al. 2005)

See above Rosendahl 1977 no

9525 Wall Rosendahl 1977 no no 9526 Complex Rosendahl 1977 no no 9533 Terrace Rosendahl 1977 no no 6499 Complex Robins et al. 2005 no no 6500 Complex Robins et al. 2005 no no 6501 Complex Robins et al. 2005 no no 6502 Mound Robins et al. 2005 no no 6503 Complex Robins et al. 2005 no no 6504 Complex Robins et al. 2005 no no 6505 Complex Robins et al. 2005 no no 6506 Complex Robins et al. 2005 no no 6507 Wall Robins et al. 2005 no no 6508 Complex Robins et al. 2005 no no 6509 Complex Robins et al. 2005 no no 6510 Complex Robins et al. 2005 no no 6511 Complex Robins et al. 2005 no no 6512 Complex Robins et al. 2005 no no 6513 Complex Robins et al. 2005 no no 6514 Enclosure Robins et al. 2005 no no 6525 Complex Robins et al. 2005 no no 6526 Complex Robins et al. 2005 no no 6527 C-shape Robins et al. 2005 no no 6528 Complex Robins et al. 2005 no no 6593 Complex Robins et al. 2005 yes yes 6594 Mound Robins et al. 2005 no no 6595 Complex Robins et al. 2005 no no 6596 Complex Robins et al. 2005 yes yes 6597 Complex Robins et al. 2005 yes yes 6598 Complex Robins et al. 2005 no no 6599 C-shape Robins et al. 2005 no no 6600 Complex Robins et al. 2005 no no 6601 Enclosure Robins et al. 2005 no no 6602 Complex Robins et al. 2005 no no 6603 Complex Robins et al. 2005 yes yes 6604 Complex Robins et al. 2005 no no 6605 Complex Robins et al. 2005 no no 6606 Complex Robins et al. 2005 no no 6607 Complex Robins et al. 2005 no no

Appendix B

6608 Enclosure Robins et al. 2005 no no 6609 Wall Robins et al. 2005 no no 6610 Complex Robins et al. 2005 no no 6611 Complex Robins et al. 2005 no no 6612 Complex Robins et al. 2005 no no 6613 Complex Robins et al. 2005 yes yes 6614 Terraces Robins et al. 2005 no no 6615 Complex Robins et al. 2005 no no 6616 Complex Robins et al. 2005 no yes 6617 Complex Robins et al. 2005 no no 6618 Complex Robins et al. 2005 no no 6619 Complex Robins et al. 2005 no no 6620 Complex Robins et al. 2005 no no 6621 Complex Robins et al. 2005 yes yes 6622 Mound Robins et al. 2005 no no 6623 Complex Robins et al. 2005 no no 6624 Complex Robins et al. 2005 no no 6625 Complex Robins et al. 2005 no no 6626 Complex Robins et al. 2005 no no 6627 Gun emplacement Robins et al. 2005 no no 6628 Complex Robins et al. 2005 no no 6629 Complex Robins et al. 2005 no no 6630 Complex Robins et al. 2005 no no 6631 Wall Robins et al. 2005 no no DPW32 Terrace DPW 2005 no no DPW33 Alignment-enclosure DPW 2005 no no

Unrecorded site identified during

2006 DPW-ENV

subsurface survey

Terraces and Mounds

DPW 2007 no no

Unrecorded site identified during

2006 DPW-ENV

subsurface survey

Terraces and Mounds

DPW 2007 no no

Unrecorded site identified during

2006 DPW-ENV

subsurface survey

Historic kiawe fence posts and wire fencing

DPW 2007 no no

Appendix C

Signatories

State Historic Preservation Officer Mr. William Aila, Jr., Chairman

Advisory Council on Historic Preservation Mr. John M. Fowler, Executive Director

Native Hawaiian Organizations

Office of Hawaiian Affairs Dr. Kamana‘opono Crabbe, Chief Executive Officer

Oahu Island Burial Council Ms. Hinaleimoana Wong-Kalu, Chairperson

Hui Mālama I Na Kupuna O Hawai‘i Nei Mr. Edward Ayau, Po‘o Mr. Kihei Nahale-a, Kahu, President Board of Directors

'Aha Kūkaniloko Ko'a Mana Mea Ola Kanaka Mauli Mr. Tom Lenchanko, Hawaiian National, Kahuakai Ola Ko Laila Waha Olelo

Ko‘a Mana Mr. Glen Makakauali‘i Kila, Kahu Kulāiwi, Kupuka‘āina O Wai‘anae Moku, O‘ahu Mr. Alika Poe Silva, Kahu Kulāiwi, Kupuka‘aina O Wai‘anae Moku, O‘ahu Mr. Henry Kila Hopfe, Kahu Kahakai, Kupuka‘āina O Wai‘anae Moku, O‘ahu Mr. Clarence Ha‘o DeLude, Kahu Kulāiwi, Kupuka‘āina O Wai‘anae Moku, O‘ahu Mr. Christophor Oliveira, Kupuka‘āina O Wai‘anae Moku, O‘ahu

Mālama Mākua Dr. Fred Dodge Mr. Sparky Rodrigues Ms. Leandra Wai Ms. Paulette Ka'anohiokalani Kaleikini

Hui Malama O Makua Ms. Melva Aila

ʻOhana Ho’ohuli Mr. William A. Ho’ohuli

ʻOhana Kapu Mr. JR Keoneakapu Williams

'Ohana Keliinoi Mr. Kalahikiola Keliinoi

'Ohana Huihui Mr. Norman Mana Kaleilani Cáceres

Waianae Coast Community Organizations and Interested Individuals

Ka‘ala Farms Cultural Education Center Mr. Eric Enos, Executive Director

Wai‘anae Military Civilian Advisory Council Mr. Rocky Naeole, President Mr. Albert Silva

Earthjustice-Mid-Pacific Regional Office Mr. David Henkin

Mrs. Leimaile Quitevis

Ms. Kēhaulani Souza

Mr. Harry Wasson