National Historic Preservation Act Consultation and Hawaii Revised Statutes Chapter 6E Review
The National Historic Preservation Act (NHPA), enacted in 1966, created a preservation program for the United States and its territories. Section 106 of the NHPA requires federal agencies to consider the effects of their actions on historic properties and to consider the input of interested parties and the public. Hawaii Revised Statutes (HRS) Chapter 6E created a preservation program for the State of Hawaii and, similar to Section 106, requires state agencies to determine the effects of their actions on significant historic properties and mitigate those effects. Under these laws, the Missile Defense Agency (MDA) must identify significant historic properties, determine whether the undertaking will adversely affect such properties, and avoid, minimize, or mitigate any adverse effects. The MDA must consult with consulting parties, including the State Historic Preservation Division (SHPD) and Native Hawaiian Organizations (NHOs) and seek input from the public.
What is a Consulting Party?
Consulting parties are those with a consultative role defined in Section 106 of the NHPA, consisting of the SHPD, local government officials, NHOs, and in some cases the Advisory Council on Historic Preservation. Representatives of federal or state agencies involved in the undertaking may also join as consulting parties. Individuals or organizations that do not have a defined consultative role in the Section 106 process may request consulting party status if they have a demonstrated interest in the undertaking and historic preservation issues.
If you wish to request consulting party status, please email MDA.HDRH.EIS@kfs-llc.com with your request as soon as possible, including relevant details about your interest in the undertaking, historic preservation issues, and/or your relationship with the project area. The MDA will consider all requests for consulting party status.
For more information about the Section 106 process and the role of the public and consulting parties, we recommend reviewing the Advisory Council on Historic Preservation’s publication, “A Citizens Guide to Section 106 Review,” which can be found at www.achp.gov.
Overall Consultation Process:
As the HDR-H project progresses, the MDA will be initiating consultation on its undertaking to deploy the HDR-H radar in Hawaii in the future, pursuant to Section 106 of the National Historic Preservation Act (NHPA) and Hawai‘i Revised Statutes (HRS) Chapter 6E. The MDA is committed to conducting consultation under Section 106 and Chapter 6E in a meaningful way that engages consulting parties in the review process and facilitates the sharing of information and concerns related to the HDR-H project and its potential effects on significant historic properties.
Consultation for Geotechnical Testing at Kuaokalā Ridge:
In the summer of 2018, MDA initiated consultation on a separate, but related, undertaking to conduct initial geotechnical testing at the candidate site within Kuaokalā Ridge adjacent to the Air Force’s (USAF) Ka‘ena Point Satellite Tracking Station (KPSTS). This consultation consisted of mailings with project information, meetings hosted by the MDA on August 1 and 2, 2018 with a comment period that ended August 3, 2018, an updated mailing that responded to consulting party comments, as well as a second set of meetings on October 9 and 11, 2018 with a comment period ending October 24, 2018. The consulting parties contact list was developed from the 2018 Department of Interior Native Hawaiian Organization list, civic organizations, and information provided from local individuals. This list has been updated following consultation meetings and subsequent consultation with NHOs, meeting participants, SHPD, and the Office of Hawaiian Affairs.
MDA finalized the National Register of Historic Places (NRHP) determinations of eligibility of historic properties in the Area of Potential Effects (APE) for the geotechnical testing proposed at Kuaokalā Ridge, and the findings of project effects for the geotechnical testing under Section 106 of the NHPA. The Department of Lands and Natural Resources (DLNR) Division of Forestry and Wildlife (DOFAW) finalized similar determinations under Hawaii Revised Statutes Chapter 6E. Both MDA and DLNR submitted these determinations to the State Historic Preservation Division (SHPD) for their review and concurrence.
In a letter received January 17, 2019, SHPD concurred with MDA’s finding that the proposed geotechnical testing would have no adverse effect on historic properties in the APE under Section 106. In a letter received April 26, 2019, SHPD concurred with the HRS 6E effect determination, “Effect, with proposed mitigation commitments” and agreed with the proposed commitments. Copies of MDA’s and DLNR’s letters to SHPD and SHPD response letters to MDA and DLNR, are listed below as clickable links.
Kuaokalā Phase 1 Geotechnical Testing Consultations:
SHPD Response Letters
Kuaokalā Phase 1 Geotechnical Testing Consultations: Section 106 Package Submittal - 26 December 2018
Chapter 6E Package Submittal - 26 December 2018
Right of Entry Permit for the Kuaokalā Ridge Phase 1 Geotechnical Testing