Embracing the Economics of Historic Preservation

Reusing and renovating already constructed buildings can lead the way out of this recession.
By James T. Kienle, FAIA
Read on http://info.aia.org/aiarchitect/thisweek09/1218/1218rc_historicpreservation.cfm

Endangered Historic Place, Lapakahi, receives $1.25 million in NOAA Funds

HONOLULU, December 10, 2009 - A North Kohala land conservation project adjacent to Lapakahi State Historical Park is the top funding priority of a federal program and will receive $1.25 million in the next fiscal year, The Trust for Public Land- Hawai‘i, the State Office of Planning's Coastal Zone Management Program, and the Department of Land and Natural Resources announced today.  The money will be used to purchase 17 acres of privately owned shoreline land next to the Park's southern border.

The funds will come from the National Oceanic Atmospheric Administration's (NOAA's) Coastal Estuarine Land Conservation Program (CELCP), which rated the Lapakahi project as the top priority among 57 potential projects.  The CELCP program was created seven years ago to protect coastal and estuarine lands, and it provides state and local governments with matching funds.  The local CELCP program is administered through the State Office of Planning.  The Trust for Public Land (TPL) and the Office of Planning worked together to apply for the CELCP funding.

  "The national #1 ranking is a testament to this property's unique cultural and natural resources, which are invaluable to Hawai‘i and to our entire nation," said Abbey Mayer, Director of the Office of Planning.  "It was a pleasure working with The Trust for Public Land to protect this incredible place and its history for future generations."

Over the last several years, TPL has helped DLNR’s Division of State Parks to raise funds to acquire the 17-acre privately owned shoreline parcel that is surrounded on three sides by the Lapakahi State Historical Park, located on Hawai’i Island. The property is rich with cultural sites and burials, and was recently listed as one of Hawai'i's Most Endangered Places by Honolulu Magazine and the Historic Hawai‘i Foundation. The property is next to the state’s Lapakahi Marine Life Conservation District, home to over 116 marine species.

      “We are thankful to the Trust for Public Lands for their invaluable assistance. This acquisition for Lapakahi State Historical Park will preserve significant cultural resources and maintain the open space along this stretch of North Kohala shoreline for future generations,” said Laura H.Thielen, DLNR chairperson.

In response to community concerns regarding threatened residential development of the property, TPL negotiated an agreement with the landowner to buy the property and include it within Lapakahi State Historical Park.  TPL also successfully assisted the State in obtaining a $1.25 million grant from the State’s Legacy Land Conservation Program.  The state funds will be matched by the $1.25 million from the CELCP program, so State funds will cover only 50% of the value.

The Legacy Land Conservation Program is funded by 10% of the State's conveyance tax, which is collected from sellers of land when property is sold. During the 2009 legislative session, there were threats to to either suspend or abolish the fund.  While it was protected, it could be a target again in the 2010 legislative session.  

"While deposits to the Legacy Land Conservation Program are small - only a few million per year - the funds are critical matching funds for federal and private dollars to help us save coastal lands like Lapakahi that will be treasured by generations to come," said Lea Hong, TPL’s Hawaiian Islands Program Director.  "The cost to the people of Hawai‘i for these types of projects is only 30-50% of the land's fair market value because we bring in significant matching private and federal funds.  For every dollar spent by the Legacy Land Conservation Program, $2 or more of non-State money is brought in.  The Legacy Land Conservation Fund is wise investment in Hawai‘i's future."

Maps and photos are available by email (lea.hong@tpl.org) upon request.

World War II Valor in the Pacific - Holiday Lights Tours- 2009 (U.S. National Park Service)

World War II Valor in the Pacific - Holiday Lights Tours- 2009 (U.S. National Park Service)

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Historic Places: Kilauue Lighthouse

Historic Places: Kilauea Lighthouse

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Historic Places: Kilauue Lighthouse

Historic Places: Kilauue Lighthouse

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Modernism plus the Recent Past

Modernism plus the Recent Past

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Art exhibition - Where We Live: Places of Hawai'i

Visit the new art exhibition entitled Where We Live: Places of Hawai'i, on display in the Ewa Gallery of the Hawai'i State Art Museum.

For more information, please see: http://hawaii.gov/sfca/artreach_fall_2009.pdf

Honolulu Rail Update for November 17

Historic Hawai‘i Foundation continues to participate in the Section 106 consultation process for the Honolulu High Capacity Transit Corridor. The process is working towards a Programmatic Agreement (PA) that will become a legally binding commitment for avoiding, minimizing and mitigating adverse effects to historic properties within the 20-mile rail corridor. Adherence to the PA, once it is finalized and executed, becomes a condition of federal funding and approvals for the project.

Photo above by Roger Benezet: The Hawaii Employers Council Building is one of over 33 sites to be adversely affected by Honolulu's Proposed Rail

HHF provided written comments on the draft PA dated November 2, 2009. After reviewing the City’s response to HHF comments, provided on November 13, HHF found the City’s response to be inadequate, leaving the issues unresolved. HHF has asked for further review and clarification from the Federal Transit Administration (FTA) on the outstanding issues. In her communication to FTA, Executive Director Kiersten Faulkner stated that HHF recognizes that compliance with section 106 is the responsibility of the federal agency. “I hope and expect that these issues will be resolved prior to the PA being finalized,” Faulkner wrote.

The final PA is executed by the FTA, the State Historic Preservation Division and the Advisory Council on Historic Preservation. Invited signatories will include the City’s Department of Transportation Services and the National Park Service. All consulting parties are also invited to concur in the agreement.

“The Programmatic Agreement is still a work in progress,” said Faulkner. “We will continue to review and comment on each iteration until HHF’s concerns are addressed. At that point, we will determine whether or not to be a concurring party to the agreement.”

Faulkner explained that being a concurring party to the PA is not an endorsement of either the process or the rail project as a whole, but would indicate whether or not HHF agreed impacts to historic resources were adequately evaluated and mitigated. HHF intends to continue to have a role in the ongoing protection, preservation, avoidance, minimization and mitigation for historic sites affected by the project, and to ensure that the stipulations of the agreement will be implemented in a way that appropriately identifies, protects and mitigates harm to historic resources.

“HHF has been clear throughout the consultation process about our expectations for what the PA needs to address,” Faulkner said. “If those expectations are met, we will concur with the agreement; if not, we won’t. In either case, we will continue to work to ensure that the project incorporates a sensitivity to preservation issues and limits impacts on historic sites and properties.”

Read more about the historic sites affected by the rail...

HISTORIC HAWAI‘I NAMES EIGHT CULTURAL TREASURES AT RISK

(Honolulu, HI) Historic Hawai‘i Foundation’s annual list of the most endangered historic sites in Hawai‘i is dominated by irreplaceable sites and settings that help define Hawai‘i.

“This year’s list includes buildings, archeological sites, cultural landscapes, and sacred places,” said Kiersten Faulkner, executive director. “Each is unique to Hawai‘i and each helps perpetuate our unique heritage.”

“We included fewer individual structures in favor of places in which the collective experience is threatened. While the loss of any one of these buildings or sites would be a tragedy, the loss of the Hawai‘i experience that they provide would be even more tragic,” Faulkner said.

Photo by Kirk Lee Aeder, Courtesy of Honolulu Magazine
Photo above: Lapakahi, located in North Kohala, contains two dozen archeological features from a fishing village circa 1300 AD.

Those endangered places include a 17-acre cultural compound in North Kohala; four of the last plantation-era homes on Hale‘iwa’s main thoroughfare; 12 buildings on the campus of the Waimano Training Ridge and Hospital; and the entire 20-mile corridor proposed for Honolulu’s rapid transit system. The transit corridor – perhaps the most controversial addition to the list – is included because the aesthetics of the system may fundamentally alter the context of some of the historic sites and distinctive communities along the route.

“The common denominator is that each of the places is significant for its contribution to the identity of its community, and how these places reflect the ethnic, cultural and historic diversity we treasure in Hawai‘i,” Faulkner said. “The loss of these places would change our understanding of the cultural landscapes, and rob our future.”

The list of endangered historic sites is an annual program of Historic Hawai‘i Foundation, in cooperation with Honolulu magazine and the State Historic Preservation Division. The list is intended to draw attention to threats to historic places that occur from a variety of sources, including neglect, natural disaster, deliberate demolition and incompatible new development, and to encourage community action to reverse the threats.

The 2009 Most Endangered Historic Sites list includes locations on Hawai‘i, Maui, Lāna‘i and Kaua‘i, and four locations on O‘ahu.

The annual list is compiled by Historic Hawai‘i Foundation, which sought nominations from across the state. While inclusion on the list does not automatically protect or preserve the historic places, it is hoped that the list will raise public awareness, and inspire the community to take action. The 2009 list of endangered sites and a discussion on what threatens each site is featured in the November issue of Honolulu magazine. Honolulu has partnered with HHF on the annual Most Endangered Historic Sites list since its inception in 2005.

The complete list of 2009 Most Endangered Historic Sites is:

• Alekoko Pond (Nāwiliwili, Kaua‘i); also known as Menehune Fishpond, the 580-year-old fishpond next to Huleia National Wildlife Refuge is threatened by invasive mangrove trees, falling stone walls, and sedimentation. It needs repair of the walls, removal of the mangrove, and ongoing maintenance.

• The 33 Historic Structures in the Path of Honolulu’s Rapid Transit Project (Kapolei to Kaka‘ako, O‘ahu); the proposed 20 mile elevated train will affect three historic districts, a national historic landmark and 31 other historic properties along the route, primarily in feeling, association and setting. Compatible design in historic areas, education and incentive programs for preservation, and monitoring of indirect effects will all help mitigate the impact.

• Hāli‘imaile Stables (Hāli‘imaile, Maui); a demolition permit is pending for the 1920’s era stables built to house horses and mules for the plantation village. Adaptive reuse of the structures would save them for the next generation.

• Luahiwa Petroglyphs (Kealiakapu ahupua‘a, Lāna‘i); a fire in 2007 exposed almost 1000 petroglyphs to elements and vandalism. Stabilization and visitor interpretation could help protect them.

• Chapel at Kapiolani Community College (Honolulu, O‘ahu); the chapel from the original Ft. Ruger dates to 1925 and is now used for continuing education classes at KCC. It is structurally sound, but needs repairs and repainting.

Photo left: The chapel at Kapiolani Community College, Honolulu, is structurally sound, but needs repairs and repainting.  Rae Huo Photo, Courtesy of Honolulu Magazine

• Hale‘iwa Residences (Hale‘iwa, O‘ahu); four of the few remaining plantation-era houses are slated for demolition under a request for rezoning along Hale‘iwa’s main thoroughfare. Adaptive reuse and maintenance would save these authentic structures.

• Waimano Ridge (Pearl City, O‘ahu); 12 buildings (1936-1954) at the Waimano Training School and Hospital are slated for demolition under a state plan.

• Lapakahi (North Kohala, Hawai‘i); a 17-acre cultural complex adjacent to Lapakahi State Historical Park contains two dozen archeological features from a fishing village circa 1300 AD. The Trust for Public Land is raising funds to purchase the property and add it to the State Park.

“Hawai‘i is fortunate to have a legacy of historic places that provide all of us with a physical connection to the people and events that shaped this state,” said Faulkner. “Perpetuating the historic places of the islands provides a strong sense of identity for all people of Hawai‘i, as well as visitors who come to experience this unique destination.”

Historic Hawai‘i Foundation is a membership-based statewide nonprofit organization that encourages the preservation of historic sites across the state. For more information, or to become a member, see http://www.historichawaii.org/.

HHF Advocates for Minimizing and Mitigating the Rail’s Adverse Effects on Historic Properties

In what the City hopes will be the final negotiations on the Federal and State reviews for the rail’s impacts on historic properties, Historic Hawai‘i Foundation (HHF) continues to support and recommend solutions to mitigate and minimize the adverse effects on the historic properties by the proposed route.




Photo above: Honolulu's Historic Chinatown District is one of over 30 historic
places to be adversely affected by the future rail project.

“HHF has not taken a position on the transit system as a whole, or on other issues such as alignment, technology or cost,” Faulkner said. “Our response is focused on the potential impacts to historic sites and ways that those can be avoided and minimized, and where avoidance is impractical, how best to mitigate that effect.”

 

ABOUT THE CONSULTATION PROCESS

Historic Hawaii Foundation (HHF) is a consulting party to the Section 106 process for the Honolulu High Capacity Rapid Transit project, also known as the proposed rail system.

As a consulting party, HHF was invited to provide input into the negotiations on an agreement to avoid, minimize and mitigate effects on historic properties, which will be memorialized as a Programmatic Agreement (PA) between the official Signatories of the Federal Transit Administration (FTA), the State Historic Preservation Officer (SHPO), the Advisory Council on Historic Preservation (ACHP), and the Honolulu Department of Transportation Services (DTS). These Signatories must execute the final agreement in order for federal funding to be released to the project.

Other consulting parties included the National Trust for Historic Preservation, the National Park Service, the American Institute of Architects Honolulu Chapter, the O‘ahu Island Burial Council, the Office of Hawaiian Affairs, Hui Mālama I Na Kupuna O Hawai‘i Nei, several Hawaiian Civic Clubs, and a variety of other entities. Each party approached the consultation from its own perspective and in response to its own guiding principles and mission.

HHF has responded to the historic property impacts at each stage of the review process, including recommendations for avoiding, minimizing and mitigating impacts to historic resources.

ISSUE 1: Determination of Effects

In September 2008, HHF reviewed the Historic Resources Technical Report for the project. At that time, the project team acknowledged only six adverse effects to historic resources along the entire 20 mile corridor. HHF’s response was that the determination of effects needed to include direct, indirect, cumulative and reasonably foreseeable impacts on the corridor, the station areas, important view planes, and traditional cultural properties.

 

As an outcome of the process, the current proposed PA includes a determination of adverse effect on 31 historic properties within the corridor and provides for additional investigation to be conducted into traditional cultural properties and Native Hawaiian burials. A verbal agreement that is expected to be included in the next draft document will also provide for monitoring and evaluation of demolition of historic properties within station areas.

ISSUE 2: Avoidance of Historic Properties

“It is important to have advance investigation into all known historic and cultural resources that will be affected by the system, and to select the alternative that does the least harm while still allowing the project need to be met,” Faulkner said.

 

The project proposes to utilize existing right of way to minimize property acquisition for the project. The selection of the alignment, station areas, parking areas and other built components also limits both direct and indirect impacts on historic structures. However, the elevated technology will create visual impacts along the entire corridor, resulting in adverse effects on many historic properties. The chosen alignment along the waterfront is also in a high sensitivity area with known Native Hawaiian burials, which will likely be discovered and disturbed during construction.

 

The proposed PA includes a stipulation for the City to conduct archeology and cultural investigations for the later construction phases (which contain the areas of highest likelihood of additional discoveries) with local adjustments to piers and footings, or treatment plans for iwi kupuna, to be developed at a later date. O‘ahu Island Burial Council (OIBC) has opposed this approach, instead recommending that the evaluation be done first, and then the alignment selected.

“HHF believes that the project has mostly avoided historic buildings, but defers to the judgment of the OIBC in its evaluation of how the project will affect iwi kupuna and traditional cultural places,” Faulkner said.

ISSUE 3: Minimizing and Mitigating Adverse Effects

When the City released its Historic Resources Technical Report in September 2008 and the Draft Environmental Impact Statement in October 2008, it proposed mitigation for adverse effects only in the form of additional studies and documentation. HHF’s comments on the Technical Report and the DEIS included nine major areas for mitigation. During the consultation process, refinements and additions were made to the initial proposals.

“Looking at mitigation only on a site-by-site basis would not address the entire scope of the effects to historic properties, so throughout the review process, Historic Hawai‘i Foundation has proposed and supported mitigation for indirect, cumulative and reasonably foreseeable effects,” said Faulkner.

Substantial progress has been made since August 2009. Some of the City’s commitments to mitigation have been included in the current draft PA, while others have been made verbally and are expected to be reflected in the next draft of the written agreement.

Which HHF Proposals will be Included in the Programmatic Agreement (PA)?

1. HHF Proposed: Documentation of all adversely affected historic resources

 

The PA Includes (as of 10/30/09):

• Historic Building Survey, Engineering Record and Landscape Survey (HABS/HAER/HALS) recordation will be conducted for certain resources as determined with National Park Service;
• Archival photography of all other resources;
• Photo documentation of select resources and viewsheds;
• Comprehensive video documentation of project corridor.

 

2. HHF Proposed: Conduct cultural landscape reports

 The PA Includes (as of 10/30/09):

• Historic Context Studies for relevant themes;
• Cultural Landscape Reports for historic properties;
• Traditional Cultural Properties study and treatment measures;
• Archeological Inventory Survey and consultation with OIBC, Lineal and Cultural Descendents for treatment plans, monitoring, mitigation, data recovery and curation of iwi kupuna.

 3. HHF Proposed: Provide historic and architectural interpretation of resources

The PA Includes (as of 10/30/09):

• Interpretive plan and signage installation at stations and in vehicles;
• Historic brochure about the history of the area along the line (1000 copies);
• Materials for children (digital format);
• Humanities program to explore human histories, cultures and values ($100,000);
• Educational program to encourage the rehabilitation of historic properties along the route (2 meetings, printed and electronic information).
• Educational field guide of historic properties and districts along the transit route (print and electronic format).

4. HHF Proposed: Provide public access to documentation through a geo-coded electronic database to serve as an inventory of resources and research platform.

The PA Includes (as of 10/30/09):

• Searchable database of historic properties in the transit corridor (excluding culturally sensitive data), publicly accessible, with interactive geographic component; links to documentations;
• Develop strategy to make database available to any organization with capacity to maintain and support the database post-construction.

5. HHF Proposed: Write or update National Register Nominations for all 76 eligible historic parcels and districts; submit the nominations for formal designation.

 The PA Includes (as of 10/30/09):

• Complete or update nominations for up to 31 adversely affected historic properties, and submit nominations unless property owners object;
• Complete a Multiple Property Submission related to Modernism and the Recent Past Architecture in Honolulu/Oahu;
• Update the Pearl Harbor National Historic Landmark documentation (subject to Navy cooperation).

 6. HHF Proposed: Establish a City & County of Honolulu Preservation Program and seek designation as a Certified Local Government.

 

The PA Includes (as of 10/30/09):

• City shall include a staff position for Architectural Historian for the transit project during the duration of the PA;
• City shall establish a Honolulu High Capacity Transit Corridor Project Historic Preservation Committee to develop a $2,000,000 funding program for historic preservation within the corridor.
• The City shall monitor the loss of historic or eligible resources with the corridor. Additional refinement and response to any patterns of demolition are being discussed and should be included in the final PA.

 
7. HHF Proposed: Establish a Main Street Program to achieve economic development through historic preservation.

The PA Includes (as of 10/30/09):

• No stipulations from this proposal is included in the agreement.

 8. HHF Proposed: Protection and restoration of affected historic properties

     The PA Includes (as of 10/30/09):

• Development and implementation of historic parks improvement plans for all adversely effected historic parks (Irwin, Walker and Mother Waldron), up to $750,000 for improvements;
• Protect and reinstall lava rock curbs;
• Repair or replace in-kind historic bridge rails on Kapalama Canal bridge;
• Replace true Kamani trees on Dillingham Blvd.

Photo above: Walker Park would benefit from

 the proposed parks improvement plan, which is to be

created and funded by the rail project as

 part of the mitigation for adversely

affecting historic sites.

9. HHF Proposed: Provide compatible design and context sensitive solutions for each station area and the guideway infrastructure.

    The PA Includes (as of 10/30/09):

• Consistency with Secretary of the Interior Standards for Rehabilitation where historic properties are present.
• Neighborhood design workshops (2) for each grouping of stations.
• Design review of all built components by SHPD and concurring parties at Preliminary and Final design phases.
• Additional measures to compatibility with historic resources and mitigation of effects are being discussed.

 

10. HHF Proposed: Other Measures

The PA Includes (as of 10/30/09):

• All work carried out under the terms of the PA shall be conducted by qualified preservation professionals;
• Construction protection plan to include noise and vibration monitoring, protection and mitigation. If any eligible historic property is damaged, it will be repaired following SOI standards;
• A master schedule of implementation of the stipulations, deadlines and benchmarks, kick-off, scoping and review timeframes is to be developed;
• Information about the progress of implementation of the PA shall be posted on the website and available to the public;
• An annual meeting of signatories and concurring parties will review implementation progress;
• Dispute resolution and administrative procedures are included;
• Duration of PA: through end of construction.
• Continued discussion on the current mitigation measures that limit involvement to “concurring” parties; this should be changed to “consulting” parties.

“Although Historic Hawai‘i Foundation supports improved transportation options for Honolulu, we remain concerned that the proposed system will fundamentally change the cultural landscape of O‘ahu and could forever diminish the civic experience in Honolulu’s historic areas,” said Faulkner. “We continue to remain engaged in the consultation process in order to ensure that appropriate and proportionate measures are taken to mitigate that effect.”

“HHF will also continue to be involved in the implementation of the agreement to ensure that the measures are followed, and all possible steps are taken to protect the essential character of the historic communities along the transit route,” Faulkner added.

For questions about Historic Hawaii Foundation's work with the Honolulu Rapid Transit Project, please contact Kiersten Faulkner at (808)523-2900.

Council fights to preserve Koke‘e

TheGardenIsland.com
Kauai News

World War II-era home on Pearl Harbor’s landmark Ford Island

An extensive team of experts goes to great lengths to preserve a historic Pearl Harbor home.

Making History

Society for Hawaiian Archaeology

Temp. Field. Tech.'s needed at Kalaupapa NHP

Kalaupapa National Historical Park is seeking two field technicians to assist with an archaeological inventory survey. Hourly pay is $16.04 plus a 25% COLA (Cost of Living Allowance). The positions are considered ‘emergency-hires’ for 30 calendar days with a possible 30- calendar day extension. Applicants will be required to pass a background check, which typically takes 2-4 weeks. Fieldwork is projected to begin in December.

Time off will have to be Leave Without Pay, although there will likely be Overtime Pay opportunities during the employment tenure.

Kalaupapa is an isolated duty station on the island of Molokai, in a settlement of 110 people with NO road access. Access can only be made by air or by a 2.4 mile 1600’-foot trail. Applicants must be aware of the sensitivities and regulations of resident-patients. Housing will be provided for the duration of employment. The housing situation may require field technicians to share housing and/or a room.

PREFERENCE FOR HANSEN’S DISEASE PATIENTS AND NATIVE HAWAIIANS: Preference in hiring is granted to Kalaupapa Hansen’s Disease patients and to Native Hawaiians who meet the qualification requirements for this position. (For the purposes of this preference, “Native Hawaiians” are persons who are not less than one-half of the blood of the races inhabiting the Hawaiian Islands previous to the year 1778.)

Previous work experience in Hawaii is necessary. Applicants must consider themselves physically fit and meet the qualifications for a GS-7, Archaeological Technician position. Qualifications for the GS-7 are provided below.

QUALIFICATION REQUIREMENTS: You must meet one of the following:

Possess at least one year of technical experience, equivalent to the
GS-6 grade level (or higher) in the Federal service. (Federal employees
at grade GS-6 perform, under general supervision, difficult and
responsible subordinate technical work in a professional, scientific, or
technical field, requiring considerable training, a broad working
knowledge of a special and complex subject matter, and exercise
independent judgment to a considerable extent.) To be qualifying,
this experience must be in, or related to the line of work of this
position (archeology) and must have equipped you with the necessary
knowledge, skills, and abilities to perform successfully the duties of
this position. Examples of qualifying specialized experience include:
conducting archeological surveys using compass, topographical map, and
aerial photographs; documenting archeological sites on standard site
record forms; assisting in planning, preparation, and execution of
archeological surveys and site excavations; collecting data from surveys
or excavations; preparing field notes and sketch maps; recovering,
identifying, and cataloging artifacts; ensuring archeology work
assignments are carried out in a safe, timely manner according to
established standards and procedures; maintaining archeological site
records; utilizing word processing software and databases to prepare
technical summary reports, perform queries, input, and retrieve data.

Successful completion of 1 year of graduate education or an internship
in archeology. One year of full-time graduate education is considered
to be the number of credit hours that the school attended has determined
to represent 1 year of full-time study. If that information cannot be
obtained, 18 semester hours (or 27 quarter hours) is considered as
satisfying the 1 year of full-time study requirement. Part-time
graduate education is creditable in accordance with its relationship to
a year of full-time study at the school attended.

If you do not qualify on experience or graduate education alone, an
equivalent combination of such experience and education as described in
A and B above are also qualifying. Graduate education must include
courses directly related to archeology. Experience and graduate
education should be computed as a percentage of the overall requirements
and must equal 100% when combined. For example, 6 months of specialized
experience equates to 50% of the required 1 year. Nine semester hours
of graduate education equates to 50% of the education requirement. When
combined, these percentages total 100%.

Please be detailed when describing your experience in your resume. If you have previous federal archaeological experience, please state that as well.
Send resumes and availability dates ASAP to the email address provided below.

Contact:
Erika Viernes Stein
Archaeologist
Kalaupapa National Historical Park

erika_stein@nps.gov

Preserve America Stewards Program

The next quarterly deadlines for submitting applications to the Preserve America Stewards program are December 1, 2009, and March 1, 2010. Preserve America Stewards is a federal program which recognizes organizations and agencies that successfully use volunteers to help care for our historic properties. Preserve America Stewards receive a designation letter and certificate of recognition signed by First Lady Michelle Obama.

To date, programs have been recognized for a range of volunteer efforts. Some designated organizations address preservation and interpretation of historic buildings, such as the Oberlin Heritage Center in Ohio and Cornerstones Community Partnerships, which works to preserve historic adobe buildings of the Southwest. Several Preserve America Stewards have been recognized for their volunteer archaeological site monitoring, including New Mexico SiteWatch and Bateaux Below, Inc., which works to preserve shipwrecks in New York’s Lake George. The United States Lighthouse Society has been designated for its preservation of the Thomas Point Shoal Lighthouse, and the Historic Preservation Commission of South Bend and St. Joseph County, Indiana, has been recognized for its South Bend Historic City Cemetery Project.

To be designated, applicants must demonstrate that their programs:
- provide volunteers with opportunities to contribute in direct and tangible ways to the preservation, protection, and promotion of historic properties;
- address an otherwise unfilled need in heritage preservation through the use of volunteer efforts; and
- demonstrate innovative and creative use of volunteer assistance in areas such as youth involvement, volunteer training, public education, and public/private partnerships.
Non-profit organizations, government entities (federal, state, local, or tribal), and businesses are eligible to seek designation for their programs.

Preserve America Stewards is administered by the Advisory Council on Historic Preservation and the Department of the Interior. An application form and further information is available at http://www.preserveamerica.gov/.

Druscilla J. Null
Senior Program Analyst
Office of Preservation Initiatives
Advisory Council on Historic Preservation
(202) 606-8532
dnull@achp.gov

SCHOLARSHIPS FOR NATIVE PEOPLES FROM THE AMERICAS AND PACIFIC ISLANDS

The Society for American Archaeology (SAA) is pleased to announce the following 2010 scholarships:

SAA Native American Graduate Archaeology Scholarship To support graduate studies for Native American students, including but not limited to tuition, travel, food, housing, books, supplies, equipment, and child care (up to $10,000).

SAA Native American Undergraduate Archaeology Scholarship To support undergraduate studies for Native American students, including but not limited to tuition, travel, food, housing, books, supplies, equipment, and child care (up to $5,000).

SAA Arthur C. Parker Scholarship or NSF Scholarship for Archaeological Training To support archaeological training or a research program for Native American students or employees of tribal cultural preservation programs (up to $4,000).

These scholarships are intended for current students-high school seniors, college undergraduates, and graduate students-and personnel of Tribal or other Native cultural preservation programs. High school students must be currently enrolled as seniors to be eligible. Undergraduates and graduate students must be enrolled in an accredited college or university. These scholarships are open to all Native peoples from anywhere in the Americas, Alaska Natives, Native Hawaiians, and Indigenous Pacific Islanders.

The application form is available online at:
www.saa.org/scholarships>. The complete application must be received by DECEMBER 15. A single email with all the application materials attached must be emailed to:
nasf@saa.org>.

If you have questions about these scholarships or you need help with locating a field school or other training program, please contact the Society for American Archaeology at: telephone +1 (202) 789-8200; fax +1 (202) 789-0284; or email nasf@saa.org>. Your questions will be relayed to someone who can assist you.

Angela Neller, M.A, Curator
Wanapum Heritage Center
Grant County PUD
15655 Wanapum Village Lane SW
Beverly, WA 99321
(509) 754-5088 x2532
(509) 754-5020 fax
www.wanapum.org

West Hawaii Today - Local > Jean Greenwell, 80, made Kona's history 'her passion'

West Hawaii Today - Local > Jean Greenwell, 80, made Kona's history 'her passion'

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The Community Restoration and Revitalization Act

Eight Proposed Amendments to the Federal Rehabilitation Tax Credit

Now Six Natatorium Task Force Members Recommend Restoration

Three more of the Mayor's Task Force Members, Hannie H. Anderson, Art A. Caleda and Brian L. Keaulana recommended restoration of the Natatorium in the dissenting opinion submitted to the Mayor today.  They join Fred W. Ballard, Oahu Veterans Council Executive Director; Donna L. Ching, Friends of the Natatorium Vice President and Kiersten Faulkner, Historic Hawai‘i Foundation Executive Director in recommending the restoration of the memorial.  The seventeen member task force appointed by the Mayor voted 9-3 in favor of demolition at its September 25th meeting.  Anderson, Caleda and Keaulana were not present for that vote.

The text of the dissenting opinion follows.

Mayor’s Natatorium Task Force
Dissenting Opinion

Stabilizing the pool is the most fiscally, environmentally and morally sensible course of action.

COST: Stabilizing is cheaper than demolishing
The City estimates it will cost $14 million to stabilize the Natatorium and preserve long-term options. Furthermore, stabilization would retain the use of essential restrooms and parking and add access to the now-closed bleachers where people could sit and enjoy a panoramic view of Mamala Bay and Waikīkī.

Demolition of the entire structure, including loss of the restrooms, bleachers, parking and volleyball courts, is conservatively estimated at more than $15 million. Repairing damage to the reef, replacing the demolished restrooms and showers would add another $2 million to that for a total of over $17 million. The loss of parking would most likely be unrecoverable.


REGULATORY AND LEGAL CHALLENGES: Stabilizing would have the most expedited permitting process. Demolition could face a protracted legal battle.

Proposals to demolish the historic structure will face regulatory, permitting and legal challenges that will be unpredictable, time-consuming, and expensive and cause additional delays.

In August, legal counsel from the National Trust for Historic Preservation issued a letter summarizing a lengthy list of state and federal laws and regulations that would have to be observed and approvals that would need to be obtained before demolition could begin. Among the applicable measures are the federal Rivers and Harbors Act, Clean Water Act, National Historic Preservation Act, National Environmental Policy Act, EPA regulations, and the Magnuson-Stevens Act. Additional discretionary permits include State Historic Preservation review, Coastal Zone Management, Environmental Impact Statement, Special Management Area Use Permit, Shoreline Setback Variance, and Special District Permit. Preservation advocates and veterans groups have pledged to steadfastly resist any attempts to demolish the war monument. Legal battles could add years to any demolition process and, in fact, might never result in final approval.


ENVIRONMENTAL RISKS: Stabilizing is safer than demolishing

Demolition of the Natatorium and creation of an artificial new beach risks destabilizing the existing Sans Souci beach; altering the sedimentation patterns on near-shore reefs, harming marine life and surf breaks; and causing beach erosion.

The debris from the demolition would take space in a landfill, and such demolition would cause the loss of embedded energy inherent in existing structures, as well as the expenditure of new energy for the conveyance of materials.

REDUCES LIABILITY: Stabilizing the Natatorium reduces the City’s liability from the deteriorating structure.

Because it can be done quickly and without a protracted legal battle, stabilization would be the most efficient way to mitigate the city’s exposure to liability created by the deteriorating pool.

MORAL CHOICES: Demolition destroys a war memorial on the State and National Historic Registers.

Act 15 specifically states the “living” War Memorial is intended as a swimming pool. Demolishing the pool is demolishing the memorial itself. Reconstructing the arched façade elsewhere does nothing to preserve a memorial dedicated to the sacrifices of Hawai’i’s citizens who gave all in service to their communities, nation, and world.

Stabilizing preserves the option to restore the living war memorial to use, thereby properly honoring 102 servicemen from Hawai’i killed in World War I. It also preserves a piece of the history, architecture and culture of Hawai‘i and the nation.

Stewardship of the historic, cultural and natural resources of Hawai‘i is the ethical and moral obligation of the people of Hawai‘i.


TOURISM IMPACTS: The Natatorium could be a major tourism asset.

A preserved and eventually restored Waikīkī War Memorial Natatorium would be a vital part of Waikīkī’s “sense of place.” It is in the best interest of Hawai‘i to preserve its uniqueness and identity for the benefit of all its residents as well as its visitors.


RECOMMENDATION:

We, the undersigned members of the Mayor’s Task Force, support the immediate stabilization of the Waikīkī War Memorial Natatorium.

We recommend immediate completion of the abandoned 2005 plan to strengthen, repair and stabilize the structure’s frame (the sea walls and pool deck) and reopening of the bleacher area in order that residents and visitors have access to the War Memorial and spectacular makai vista.

We further recommend that the city engage in dialogue with state and federal agencies, non-profit organizations, business organizations and other stakeholders to craft a public-private partnership for the long-term rehabilitation, maintenance and operation of the facility.


Respectfully,



Hannie H. Anderson, Na Wahine O Ke Kai Co-Founder and Race Director
Fred W. Ballard, Oahu Veterans Council Executive Director
Art A. Caleda, WWII Filipino-American Veterans of Hawai‘i President
Donna L. Ching, Friends of the Natatorium Vice President
Kiersten Faulkner, Historic Hawai‘i Foundation Executive Director
Brian L. Keaulana, Ocean Safety Expert

Memorial war » Honolulu Weekly

Memorial war » Honolulu Weekly

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A look back into the formation of the Mayor's Task Force.

Mayor's Task Force Votes 9-3 to Demolish the Waikiki War Memorial Natatorium

At its final meeting today, September 24, 2009, Mayor Hannemann's Natatorium Task Force voted 9-3 in favor of demolishing the Waikiki War Memorial Natatorium. The representatives from Oahu Veterans Council, Friends of the Natatorium and Historic Hawaii Foundation voted to complete the restoration of the historic landmark.


• See HHF's presentation to the Task Force

• See the cost comparisons compiled throughout the Task Force's meetings

Hulihee Palace Reopens September 30

Hulihee Palace was closed for repairs after the October 2006 earthquakes. It reopens to visitors Sept. 30. (Hawaii247 photo by Karin Stanton)

After a $1.5 million dollar renovation, Hulihee Palace opens its doors 10 a.m. Tuesday, Sept. 29 with a blessing and open house celebration for caretakers of the landmark — the Daughters of Hawaii and the Calabash Cousins.

The palace resumes regular operation Sept. 30 for public self-guided tours. Museum hours are 10 a.m.-3 p.m. Wednesday through Saturday.

The palace also boasts fresh landscaping and a newly enlarged Palace Gift Shop, located in the next-door Kuakini Building. Open during palace hours, the gift shop offers Hawaiian books, Niihau shell lei, koa gifts and wall art created on location at the palace by local artists.

Although severely damaged during the October 2006 earthquakes, Hulihee operated on a limited basis, providing visitors with video viewing of its pre-earthquake splendor.

During the renovations and repairs, the palace’s caretakers — the Daughters of Hawaii and the Calabash Cousins — have continued to host free monthly concerts on the palace south lawn.

Built in 1838 by Governor John Adams Kuakini, Hulihee has again been restored to circa 1885, a period known in Hawaiian history as the Kalakaua Era as King David Kalakaua ruled the Hawaiian kingdom.

The palace was restored under the direction of the Connecticut-based John Canning Painting and Conservation Studios. The firm, which specializes in historic preservation, has worked on numerous national landmarks, including the U.S. Capitol, Radio City Music Hall and New York’s Grand Central Station.

According to Fanny Au Hoy, long-time Hulihee Palace administrator, Hulihee is painstakingly restored to a specific time frame to retain its status on the National Register of Historic Places.

Selection of the Kalakaua Era enables the palace to keep its two oceanside lanai and display its exquisite donated and on-loan collection of Victorian artifacts from the King Kalakaua reign — including a koa armoire that was awarded a silver medal in the 1889 International Exhibition in Paris.

Known as the “Merrie Monarch” for his love of music and entertaining, King Kalakaua (1836-1891) spent much time at Hulihee. He stuccoed the exterior, widened the two oceanside lanai and built an adjacent cookhouse, as the palace had no kitchen. Inside, the robust king plastered the walls, added refined decorating touches and commissioned Victorian furnishings.

During the 20-month restoration project, Hulihee’s artifact collection was catalogued and stored. The treasures were recently returned to the two-story palace in all their splendor.

“Our many treasures, which date to pre-Western contact Hawaii, are finally back in the palace in their familiar places,” Au Hoy said. “It’s been a long process and we’re thrilled to open our doors again. We invite the community Sept. 30 to come in and see how the palace has been restored to its original magnificence.”


Treasures include javelins and spears belonging to King Kamehameha the Great — marvel at the king’s massive, rotund lava rock — he used it as an exercise ball to master agility and balance; it weighs a whopping 180 pounds!


Check out a 70-inch table top made from a single piece of koa, steamer trunks used to carry belongings to attend Queen Victoria’s Golden Jubilee in 1887, portraits of Hawaii’s monarchs, pieces of fine Lokelani china and a rare mat made from the endemic sedge, makaloa. More than 1,000 artifacts on display.


Hulihee Palace admission, which at this time includes a self-guided tour brochure, remains $6 for adults, $4 for seniors and $1 for keiki under 18. Volunteer docents are sometimes available to give guided tours.

For details, contact the palace at 329-1877, the palace office at 329-9555 or visit http://www.daughtersofhawaii.org/. The gift shop can be reached by phoning 329-6558.

SENATOR AND MRS. INOUYE NAMED 2009 KAMA‘ĀINA OF THE YEAR™

Historic Hawai‘i Foundation announces Daniel and Irene Hirano Inouye to be honored as “Kama‘āina of the Year™” at annual benefit.

Senator Daniel K. and Mrs. Irene Hirano Inouye will be honored as the “2009 Kama‘āina of the Year” at the annual Historic Hawai‘i Foundation (HHF) benefit on December 5.

Senator Daniel K. Inouye and Mrs. Irene Hirano Inouye will be honored as the 2009 Kama‘āina of the Year in recognition of their contributions to preserving Hawaii’s rich history and perpetuating the essence of Hawai‘i. Senator Inouye’s leadership in strengthening the National Historic Preservation Act, establishing the Native American Graves Protection and Repatriation Act, and recent legislation regarding Japanese-American World War II Internment Camps are just some of the preservation achievements from his fifty years as a legislator. Mrs. Irene Hirano Inouye was the President and founding CEO of the Japanese American National Museum in Los Angeles and continues to serve as its Executive Advisor. Mrs. Inouye’s preservation leadership is also evident in her service as a board member of both the National Trust for Historic Preservation and the Ford Foundation, a major historic preservation funder throughout the United States.

“In this 50th anniversary of the Senator’s congressional service and 50 years of statehood, it is fitting to recognize Senator Inouye’s leadership in preserving the essential places of Hawai‘i,” said Ray Soon, President of Historic Hawai‘i Foundation. “His longstanding leadership has been integral to preserving sites of historic and cultural importance to Native Hawaiians, Japanese-Americans, and all people of Hawai‘i.”

“We are equally pleased to recognize the important contributions of Mrs. Inouye in preserving and telling the stories of Japanese Americans across the country, especially through her work with the Japanese American National Museum as it works to insure that Japanese Americans preserved their rich heritage, cultural identity, and unique history,” Soon said.


Preservation of sites for the protection of historic, cultural and natural resources has been a priority for Senator Inouye. In addition to his role in strengthening key preservation legislation, he has been instrumental in supporting both federal acquisition and public-private partnerships for purchase of fee title or conservation easements for special sites. These include historically significant lands such as the Pu‘uhonua o Hōnaunau Historic Park, Kīlauea Lighthouse, Hanalei National Wildlife Refuge, Kawainui Marsh and Waimea Valley.


The Inouyes are the 22nd recipients of the Kama‘āina of the Year award, which honors individuals who have made unique and lasting contributions to the preservation of Hawaii’s historic places and cultural resources. The event is Historic Hawai‘i Foundation’s annual fundraiser and proceeds support the preservation of historic sites throughout the Hawaiian Islands.



A statewide 501(c)3 non-profit organization, Historic Hawai‘i Foundation encourages the preservation of historic buildings, sites and communities relating to the history of Hawai‘i. Founded in 1974 by concerned citizens who saw the need to protect the Islands’ irreplaceable historic and cultural legacy from destruction, Historic Hawai‘i Foundation has become the driving force behind preservation of Hawaii’s historic places. Through strong partnerships with public, private and non-profit organizations, HHF helps to unleash critical local energy to protect the essential character of Hawai‘i.






The Kama‘āina of the Year™ benefit is an annual fundraiser for Historic Hawai‘i Foundation and will take place on Saturday, December 5 at 6:00 p.m. in the Monarch Room at the Royal Hawaiian Hotel in Honolulu. Additional information about the event is available by calling 808-523-2900 or visiting www.historichawaii.org.

Historic Hawaii Foundation Announces its Preferred Alternative for the Waikiki War Memorial Natatorium

SUMMARY:

• The Waikīkī War Memorial Natatorium was built in 1927 to be a “living memorial” to honor the men and women who served during the Great War (World War I).

• The 1921 legislation creating the memorial specifically states that it, "...shall include a swimming course at least 100 meters in length."

• Designed by architect Louis P. Hobart, the Waikīkī War Memorial Natatorium is listed on the National and Hawai‘i Registers of Historic Places and is significant for its contributions to the history, architecture and culture of Hawai‘i and America; embodies the distinctive characteristics of a type; possesses high artistic value; and provides social, cultural, educational and recreational values which contribute significantly to the history and culture of Hawai‘i and the nation.

• Although the Waikīkī War Memorial Natatorium has deteriorated since its initial construction in 1927, in 2001, over four million dollars of repairs were completed on the site including a façade restoration and the rehabilitation of the bleachers and public restrooms.

• The estimated financial costs for stabilization and preservation in place of the Waikīkī War Memorial Natatorium are less than or comparable to estimated financial costs for the demolition of the structure, and examples from other restored salt water pools demonstrate that the pool could be re-engineered to meet current standards at less cost than demolition.

• Adverse environmental impacts that would occur from the demolition of the Waikīkī War Memorial Natatorium would have a negative effect on the reef and marine life, and the debris from the demolition would take space in a landfill, and such demolition would cause the loss of embedded energy inherent in existing structures, as well as the expenditure of new energy for the conveyance of materials.

• Proposals to demolish the historic structure will face regulatory, permitting and legal challenges that will be unpredictable, time-consuming, expensive and cause additional delays.

• It is in the best interest of Hawai‘i to preserve its uniqueness and identity for the benefit of all its residents as well as its visitors.

• It would be unconscionable to destroy a Memorial that commemorates the sacrifices of Hawaii’s citizens who gave all in service to their communities, nation, and world; and

• Stewardship of the historic, cultural and natural resources of Hawai‘i is the ethical and moral obligation of the people of Hawai‘i.

________________________________________

RECOMMENDATION: Historic Hawai‘i Foundation SUPPORTS the stabilization, preservation and rehabilitation of the Waikīkī War Memorial Natatorium.

• HHF recommends that the immediate strengthening, repair and stabilization of the structure’s frame be completed per the plans that were halted in 2005, including the sea walls and deck.

• HHF recommends that simultaneously with resuming the work to stabilize the structure, that engineering, planning and permitting be undertaken for the re-design of the pool.

• HHF recommends that the City engage in dialogue with state and federal agencies, non-profit organizations, business organizations and other stakeholders to craft a public-private partnership for the long-term rehabilitation, maintenance and operation of the facility.

DEMO or SAVE THE WAR MEMORIAL?

DEMO or SAVE THE WAR MEMORIAL?

The most recent and comprehensive side-by-side cost comparisons of demolishing or saving the Waikiki War Memorial Natatorium by Historic Hawaii Foundation.
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Kailua Park to get $50M facelift

Read the article at: Big Island Weekly

Hawaii Insider : The Painted Church's colorful past and present

'To enter the Painted Church at Upper Honaunau is to step back 500 years into the world of François Villon's mother, who could not read the words in the holy book but knew the promise of heaven and the threat of hell through the vivid pictures she had seen on the walls of her chapel.'"

Read More..

Washington Place Documentary Rebroadcast Set for September 10

"Washington Place," a documentary by Video Biographics, will rebroadcast on PBS Hawai`i next Thursday, September 10 at 9:00 p.m.  Washington Place was home to Queen Liliuokalani before it was designated as the official residence for Hawaii's governor.  The documentary originated as part of  Historic Hawaii Foundation's 2005 Kamaaina of the Year celebration honoring Washington Place Foundation for its work in preserving the historic home. 

Longing for the past

Starbulletin.com: "Longing for the past American photographer Elizabeth Gill Lui sees China betraying its heritage in building its future"
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Historic Hawaii Foundation Announces New Request for Proposals

Historic Hawaii Foundation requests proposals for an independent contractor to conduct an educational series of seminars into the architectural styles of the residences of Hawai‘i and programs for their preservation. The scope of the work will include developing the curriculum materials, conducting the seminars, and assisting with application for continuing education credits for professional organization certifications.

Proposals are due by Sept. 18, 2009. Please see the RFP for details about the project and submittal requirements. Questions may be directed to me at kiersten@historichawaii.org or 808/523-2900.

Star Bulletin suggests Rethinking the Plans the Demolish WWI Memorial

Rethink Natatorium plan
Hawaii Editorials - Starbulletin.com
Aug 29, 2009

Demolishing the Waikiki War Memorial Natatorium might not be the inexpensive way to deal with the deteriorating landmark that Mayor Mufi Hannemann was advised it would be. Previously unforeseen costs of demolition should cause the city to instead consider renovating and maintaining the memorial when it becomes feasible in a recovered economy.

Read the rest of the article...

“Return to Shipwreck Beach”

NOAA Grant Project Completed

The Indiscriminate Axe

Off My Desk
A. Kam Napier

August 2009: Honolulu, HI

Here’s a perfect example of government idiocy. Faced with a budget crunch, the state of Hawai‘i has proposed virtually eliminating two tiny, relatively inexpensive offices that actually make money for the state—the Hawai‘i state film commission and the State Foundation on Culture and the Arts. The film office is slated to lose four of its five staff (hat tip to the Star-Bulletin, more here). SFCA may lose 10 positions, including the executive director job, leaving one person to run the mandated Art in Public Places program, plus a handful of administrators (more on that here)."

More..

National Trust Warns Mayor of Legal Challenges to Demolishing War Memorial

On Wednesday, August 26, Brian Turner, Regional Attorney of the National Trust for Historic Preservation wrote a letter to Collins Lam, of Mayor Hanneman's staff and the Chairperson of the Mayor's Task Force on the Waikiki War Memorial Natatorium reminding them of the legal challenges for their plans to demolish the Waikiki War Memorial in order to build a beach.

Here is the text of that letter...

___________________________________________________

National Trust for Historic Preservation

Western Office

_______

August 26, 2009

Mr. Collins D. Lam, P.E.
Chair, Mayor's Waikiki Natatorium Task Force
City and County of Honolulu
650 South King Street
11th Floor
Honolulu, HI 96813
clam@honolulu.gov

BY EMAIL

Re: Historic Waikiki Natatorium - Legal and Regulatory Issues for Consideration

Dear Chairman Lam:

On behalf of the National Trust for Historic Preservation we appreciate the opportunity to provide an overview of the state and federal legal framework that applies to the proposed demolition of the Waikiki War Memorial Natatorium. We recognize the difficult work the Waikiki Natatorium Task Force for has been asked to perform on this issue. However, it is essential to understand the laws that exist to protect this unique historic resource in order to make an informed recommendation to the Mayor. Most alternatives currently being considered by the Task Force would require substantial additional regulatory review.

This letter outlines several applicable federal laws and regulations that caution against permanently altering the existing conditions of the shoreline. Most pertinently, the Army Corps of Engineers must evaluate alternatives to any proposal that would harm the Natatorium, a resource listed in the National Register of Historic Places, prior to issuing the permits that would be required for demolition.

Additionally, we remain extremely concerned that the City.s continued neglect of the Natatorium poses a serious risk to the marine environment and public safety. The threat of its collapse poses a serious and immediate danger. We urge the Task Force to recommend the immediate stabilization of the pool and bleachers as the most responsible alternative to protect the public interest.

Interests of the National Trust

The National Trust for Historic Preservation was chartered by Congress in 1949 as a private nonprofit organization for the purpose of furthering the historic preservation policies of the United States and facilitating public participation in the preservation of our nation.s heritage. 16 U.S.C. § 468. With the support of our 230,000 members nationwide, the National Trust works to protect significant historic sites and to advocate historic preservation as a fundamental value in programs and policies at all levels of government. The Trust has nine regional and field offices
around the country, including a Western Office in San Francisco which is specifically responsive to preservation issues in Hawai.i. The National Trust included the Waikiki War Memorial Natatorium on its annual list of America.s 11-Most Endangered Places in 1995. We have worked in partnership with the Friends of the Natatorium and the Historic Hawai.i Foundation to advocate for the protection of this important resource.

Application of Federal Law to Natatorium Demolition Plans

The Task Force must consider the applicability of several environmental and historic preservation laws in its decision-making process. Since the Natatorium borders the Pacific Ocean, any action to demolish the structure would affect the navigable waters of the United States. The impact to navigable waters requires the oversight of the Army Corps of Engineers pursuant to the Rivers and Harbors Act. 33 U.S.C § 1. Several other recent projects in Honolulu bordering the Pacific Ocean have similarly required Army Corps review.

The proposal to demolish the Natatorium would likely require two independent permits from the Army Corps. First section 10 of the Rivers and Harbors Act mandates a permit when it is necessary to excavate from or deposit material in navigable waters. 33 U.S.C. § 403; 33 C.F.R. § 320.2(b). Second, a permit under section 404 of the Clean Water Act would be required because the project would result in the discharge of pollutants into navigable waters. 33 U.S.C. § 1251. The term "pollutant" is broadly defined to include dredged soil . . . rock, sand, [and] cellar dirt.. 3 U.S.C. 1362(6).

Footnote: 1 In Smallwood v. U.S. Army Corps of Engineers, the U.S. District Court held that a proposal toconstruct a marina was subject to Army Corps jurisdiction because the proposed .marina, [themarina.s] water-related construction, and marina-related activities. would be connected to thePacific Ocean off the coast of Honolulu. 2009 U.S. Dist. LEXIS 5508 at 5, 30. Similarly in 2008, the Army Corps exercised its authority over a proposed establishment of a stable sandy beach by the Sheraton Waikiki Hotel. 73 Fed. Reg. 67, 847-48 (Nov. 17, 2008).

a. Factors to Consider in Army Corps Permit Issuance
The Army Corps employs a .public interest. balancing test in order to determine whether to issue a permit for a project affecting navigable waters pursuant to authorizing laws such as section 10 of the Rivers and Harbors Act and section 404 of the Clean Water Act. 33 U.S.C. §§ 403, 1344. In accordance with federal regulations, the Army Corps. central question for determining the merits of such a project would be based on an evaluation of the probable impacts, including cumulative impacts, of the project on the public interest. 33 C.F.R. § 320.4(a)(1). Specifically, the Army Corps would determine the cumulative impact of the project by balancing the benefits over the foreseeable detriments of the project. Id.

The impact of the proposal to historic properties is a critical consideration that factors
into the Army Corps decision-making process. Army Corps regulations state:

Full evaluation of the general public interest requires that due consideration be given to the effect which the proposed structure or activity may have on values such as those associated with wild and scenic rivers, historic properties and National Landmarks . . . Action on permit applications should, insofar as possible, be consistent with, and avoid significant adverse effects on the values or purposes for which those classifications, controls, or policies were established.

33 C.F.R. 320.4(e). Since the demolition of the Natatorium would have a significant adverse effect on a property listed in the National Register,

the Task Force cannot assume that the Army Corps would approve a permit to
enable its destruction.

Furthermore, the Army Corps would have the responsibility to comply with several federal laws prior to taking such action.

a. National Historic Preservation Act
Because the Natatorium is listed on the National Register of Historic Places, the Army Corps would consider the project.s impact on the historic pool and façade of the Natatorium, pursuant to Section 106 of the National Historic Preservation Act (.NHPA.). 16 U.S.C. § 470; 36 C.F.R. Part 800; 33 C.F.R. § 320.3(g). In particular, section 106 of the NHPA provides that the Army Corps, or any federal agency with jurisdiction over any undertaking, must .take into account the effect of the undertaking on any district, site, building, structure, or object that is included in or
eligible for inclusion in the National Register.. See 16 U.S.C. § 470f. The Army Corps would be required to .afford the Advisory Council on Historic Preservation . . . a reasonable opportunity to comment with regard to such undertaking.. Id.

b. National Environmental Policy Act

The Army Corps would also be required to consider the project.s merits under the National Environmental Policy Act (.NEPA.). The purpose of NEPA is to "promote efforts which will prevent or eliminate damage to the environment . . . ." 42 U.S.C. § 4321. Specifically, NEPA requires that federal agencies, including the Army Corps, consider the environmental consequences of all proposed .major Federal actions significantly affecting the quality of the human environment . . . .. Id. § 42 U.S.C. 4332(2)(C).

We believe this project would constitute a .major federal action significantly affecting the quality of the human environment,. and, therefore, that the Army Corps would be required to prepare an Environmental Impact Statement in consultation with the Environmental Protection Agency. An EIS was similarly required in the Sheraton Waikiki project. See 73 Fed. Reg. 67, 847-48 (Nov. 17, 2008). To accomplish NEPA.s mandate, the agency must: (i) analyze a reasonable range of alternatives, 40 C.F.R. § 1502.14; (ii) provide an adequate baseline of potentially affected historic properties, Id. § 1502.15; (iii) take a hard look at the direct, indirect, and cumulative impacts to historic properties, Id. § 1508.25; and, (iv) examine measures to mitigate the potential adverse impacts to historic properties, Id. § 1502.14.

c. Clean Water Act
The Army Corps would be required to evaluate the project based on regulations concerning the discharge of dredged or fill material into waters of the United States pursuant to section 404 of the Clean Water Act. 40 C.F.R. § 230 et seq; 13 U.S.C. § 1344, et. seq. Essentially, these regulations require the Army Corps to consult with the EPA in order to evaluate the effects and minimize the environmental impacts of discharge that dredged or fill material may have on a site. 40 C.F.R. § 230.5. In the present case, considering that the removal of the Natatorium pool and bleachers would involve considerable dredging and filling of the site, the Army Corps would have to comply with these Clean Water Act regulations. Id.

d. Endangered Species Act

The Army Corps would also be required to evaluate the project based on the requirements of section 7 of the Endangered Species Act. 16 U.S.C. § 1531, et seq. Section 7 requires consultation with the State as well as the Department of the Interior for "any action authorized, funded, or carried out by [a federal] agency . . . [that would] jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of habitat of such species." Id. § 1536(a)(2).

In 2008, the Waikiki Sheraton Hotel proposed to establish a beach off the coast of Waikiki, and the Army Corps indicated that it would consult with the Department of the Interior regarding the project.s impacts to endangered or threatened species. 73 Fed. Reg. 67,848 (Nov. 17, 2008). Because the Natatorium is located on the same stretch of coastline as the beach proposed by the Waikiki Sheraton Hotel, it is likely that the Army Corps would be subject to similar requirements. 16 U.S.C. § 1536(a)(2).

e. Magnuson-Stevens Fishery Conservation and Management Act
Finally, the Army Corps would be required to consider the project.s effects on "fishery resources" pursuant to the Magnuson-Stevens Fishery Conservation and Management Act ("Magnuson-Stevens"). 16 U.S.C. § 1801, et seq. The purpose of the Magnuson- Stevens Act is to "conserve and manage the fishery resources found off the coasts of the United States." Id. § 1801(b)(1). Specifically, the Act requires that .Each Federal agency shall consult with the Secretary [of Commerce] with respect to any action authorized, funded, or undertaken, or proposed to be authorized, funded, or undertaken, by such agency that may adversely affect any essential fish habitat identified under this Act.. Id. § 1855(b)(2); see Id. 1802(39).

In the present case, the Natatorium is located on the same stretch of Waikiki coastline as the project carried out by the Waikiki Sheraton Hotel in 2008. 73 Fed. Reg. 67,847- 48 (Nov. 17, 2008). Thus, because the Army Corps determined with the Waikiki Sheraton Hotels proposed beach triggered examination of the plan pursuant to the Magnuson-Stevens Act, the Army Corps would likely require consideration of the effects of the proposed demolition of the Natatorium pool on .fishery resources. as well, pursuant to Magnuson-Stevens. Id.; 16 U.S.C. § 1801, et seq.

Conclusion
There are very significant legal constraints on any proposal to for the City to demolish the Natatorium. Significant costs and time would be associated with any demolition proposal in order to properly evaluate the impact to historic properties and the marine environment and to comply with all applicable federal laws. The City's best option is to proceed with the already approved rehabilitation of the historic structure by, at the very minimum, stabilizing the bleachers and pool. This option would not require opening the pool as a swimming area for public use.

Finally, we recommend that to accomplish a full rehabilitation in the most cost efficient manner the City should petition the Hawaii Department of Health to amend the state public saltwater swimming pool regulations so that the rules are consistent with sound science and similar safety regulations in other jurisdictions. The current requirement that saltwater pools in Hawaii contain a mechanical pump system is excessively restrictive, potentially dangerous, and would add significant costs to rehabilitation efforts. See Haw. Dept. of Health Admin. Rules, § 11-10-3(c)-(d).

We appreciate your consideration of our concerns, and we look forward to working with you as the process moves forward in selecting the most appropriate solution for the Natatorium.

Respectfully Submitted,

Brian R. Turner
Regional Attorney

Cc: Mayor's Waikiki Natatorium Task Force
Governor Linda Lingle
Senator Daniel Inouye
Senator Daniel Kahikina Akaka
U.S. Representative Neil Abercrombie
U.S. Representative Mazie Hirono
Reid Nelson, Advisory Council on Historic Preservation
Charlene Dwin Vaughn, Advisory Council on Historic Preservation
John Eddins, Advisory Council on Historic Preservation
George S. Dunlop, Federal Preservation Officer, Army Corps of Engineers
Nancy McMahon, Hawai.i State Historic Preservation Division
Pua Aiu, Hawai.i State Historic Preservation Division
Kiersten Faulkner, Historic Hawai.i Foundation
Donna Ching, Friends of the Natatorium