1

MEMORANDUM OF AGREEMENT
2 AMONG
3 COMMANDER, NAVY REGION NORTHWEST,
4 AND
5 THE WASHINGTON STATE HISTORIC PRESERVATION OFFICER,
6 AND THE
7 THE ADVISORY COUNCIL ON HISTORIC PRESERVATION
8 REGARDING THE SECURITY ENHANCEMENTS AT
9 OUTLYING LANDING FIELD COUPEVILLE,
10 NAVAL AIR STATION WHIDBEY ISLAND,
11 ISLAND COUNTY, WASHINGTON
12 2017
13
14 WHEREAS, Commander, Navy Region Northwest (hereinafter the Navy) requires the
15 installation of security enhancements at Outlying Landing Field Coupeville (herein after OLF
16 Coupeville) and proposed to install an entrance gate and concrete eco-block barriers around a
17 portion of the perimeter of OLF Coupeville; and
18
19 WHEREAS, the Navy has determined that the proposed Undertaking has the potential to cause
20 effects on historic properties subject to review under section 106 of the National Historic
21 Preservation Act (hereinafter NHPA) 54 U.S.C. 306108, and its implementing regulations,
22 36 C.F.R. 800; and
23
24 WHEREAS, the Navy established the Area of Potential Effect (hereinafter APE) for the
25 Undertaking as defined at 36 C.F.R. 800.16(d) as the location of the entrance gate and the
26 concrete eco-block perimeter barrier; and
27
28 WHEREAS, the Navy determined that the Undertaking would have no adverse effect on historic
29 properties and completed section 106 consultation on 23 September 2013 with the Washington
30 State Historic Preservation Officers (hereinafter SHPO) concurrence on a finding of No
31 Historic Properties Affected; and
32
33 WHEREAS, in September 2013 the Navy also consulted with Swinomish Indian Tribal
34 Community, Upper Skagit Indian Tribe, Samish Indian Nation, and Stillaguamish Tribe of
35 Indians of Washington who expressed no questions or concerns about the Undertaking; and
36
37 WHEREAS, the Navy implemented the installation of the concrete eco-block barrier in
38 November 2013; and
39
40 WHEREAS, as the project was underway the community expressed concern over impacts to the
41 viewshed of Ebeys Landing National Historical Reserve (hereinafter Ebeys Reserve), and the
42 lack of community participation in the section 106 consultation process; and,
43
44 WHEREAS, the Navy immediately worked with SHPO, National Park Service (hereinafter
45 NPS), and the Trust Board of Ebeys Reserve (hereinafter Trust Board) to address
46 community concerns and analyze affects to the viewshed; and,

47
48 WHEREAS, the SHPO revised her concurrence on the previous finding of No Historic
49 Properties Affected to a finding of Adverse Effects on Historic Properties on 20 December 2013,
50 after completion of the installation of the concrete eco-block barrier and prior to the installation
51 of the entrance fence based on the enduring nature of the need for security requirements at OLF
52 Coupeville; and
53
54 WHEREAS, the Navy, in the spirit of preserving relationships and building partnerships, stopped
55 the undertaking and agreed to consult on a finding of Adverse Effect and to develop this
56 Memorandum of Agreement (MOA) to mitigate for adverse effects of the Undertaking on the
57 historic viewshed of Ebeys Reserve; and
58
59 WHEREAS, in accordance with 36 C.F.R. 800.6(a)(1), the Navy has notified the Advisory
60 Council on Historic Preservation (hereinafter ACHP) of the adverse effect determination,
61 providing the specified documentation, and the ACHP has chosen to participate in the
62 consultation pursuant to 36 C.F.R. 800.6(a)(1)(iii); and
63 WHEREAS, the Navy made information about this project available to the public and provided
64 opportunity for comments per 36 C.F.R. 800.5(d); and
65 WHEREAS, the Navy has invited the Swinomish Indian Tribal Community, Upper Skagit Indian
66 Tribe, Samish Indian Nation, and Stillaguamish Tribe of Indians of Washington to participate in
67 the development of this MOA; and
68
69 WHEREAS, the Swinomish Indian Tribal Community, Upper Skagit Indian Tribe, Samish
70 Indian Nation, and Stillaguamish Tribe of Indians of Washington did not express an interest to
71 participate or did not respond to the Navys invitation to consult on the development of this
72 MOA; and
73
74 WHEREAS, the Navy invited the Trust Board, NPS, Island County Commissioners (hereinafter
75 Commissioners), Town of Coupeville (hereinafter Coupeville), and the Citizens of Ebeys
76 Reserve (hereinafter COER) to participate in the development of this MOA; and
77
78 WHEREAS, the Trust Board, NPS, Commissioners, Coupeville, and COER agreed to participate
79 and be concurring parties; and
80
81 NOW, THEREFORE, the Navy, SHPO, and ACHP, as the signatory parties, agree that the
82 following stipulations resolve Adverse Effects to Historic Properties caused by the undertaking
83 in compliance with the NHPA and that the stipulations govern all aspects of the Undertaking
84 unless this MOA expires or is terminated.
85
86 STIPULATIONS
87
88 The Navy will ensure that the following stipulations are implemented and carried out under the
89 supervision of a cultural resource professional(s) meeting the Secretary of the Interior (SOI)
90 Professional Qualifications as defined in 36 C.F.R. 61.
91

92 I) MITIGATION OF POTENTIAL EFFECTS OF THE UNDERTAKING

93
94 A) Within two (2) years of this agreement, the Navy shall plant screening vegetation along
95 the exterior border of the concrete eco-block barrier where existing native, perennial
96 screening consistent with the proposed hedgerow vegetation does not already exist. The
97 purpose of the vegetation is to create a hedgerow, a defining feature of the historic
98 landscape of Ebeys Reserve, to block the view of the eco-blocks from Ebeys Reserve
99 and State Highway 20. The Navy shall plant a mixture of native vegetation consisting of
100 Oregon Grape (Mohonia aquifolium), Nootka Rose (Rosa nutkana), and Snowberry
101 (Symphoricarpos albus), mimicking the existing hedgerow vegetation at the OLF
102 Coupeville. Appendix A provides the locations of plantings.
103
104 1) The Navy shall ensure that future mowing contracts for OLF Coupeville shall include
105 language to avoid mowing within three (3) feet of the exterior and interior boundaries
106 of the blocks where screening vegetation does not already exist or where blocks are
107 visible from the roadway and reserve boundary.
108
109 2) The Navy shall monitor the survival rate and growth of the planted screening
110 annually. Navy will annually replant those areas where breaks and opening occur
111 until the hedgerow is well established or until the expiration of this agreement,
112 whichever occurs first.
113
114 3) The Naval Air Station (hereinafter NAS) Whidbey Island Cultural Resources
115 Management Program will work with NAS Whidbey Island Natural Resource
116 Management Program to integrate where appropriate the stipulations included in this
117 MOA into existing habitat management documents (i.e. the Integrated Natural
118 Resources Management Plan) and pest management plans for NAS Whidbey Island.
119
120 4) The Navy will confer with the consulting parties to this MOA on the proposed timing
121 and plan for planting of the screening vegetation.
122
123 B) Within one (1) year of executing this MOA the Navy, in consultation with SHPO, the
124 Trust Board, and NPS, shall develop a section 106 consultation plan to include guidance
125 on how the Navy, Trust Board, and NPS participate in and share information regarding
126 property management, project planning, and project execution at OLF Coupeville.
127
128 C) Within four (4) years of executing this agreement, and as early as feasible, the Navy shall
129 disseminate a professional report on the historical legacy of OLF Coupeville to the
130 history of Whidbey Island. This report shall include historic documentation of land use
131 of OLF Coupeville from early settlement through modern use. The intent of the
132 document will be to provide a historic context for the property including; documentation
133 of the early settlement and land claims that overlap the OLF Coupeville property, a
134 history of OLF Coupeville for the entire period of significance for Ebeys Reserve, and
135 the Navys use of OLF Coupeville and its relationship to the broader historic legacy of
136 the military in Ebeys Reserve. In addition, the study would clearly distinguish between

137 (a) military activities that occurred during the Euro-American settlement of Whidbey
138 Island through the end of World War II; and (b) the post-World War II era, which no
139 longer required ground based coastal defenses provided by Fort Casey and Fort Ebey due
140 to the evolution of air power that gave rise to NAS Whidbey Island and OLF Coupeville.
141
142 1) The Navy shall provide hard copies of this report to consulting parties. In addition the
143 Navy will offer hard copies to Coupeville School District libraries, Sno-Isle Library
144 System, the Island County Historical Society and Archive, and the Island County
145 Museum. A digital copy will be provided to SHPO in PDF format, compatible with
146 Washington Information System for Architectural and Archaeological Records Data
147 (hereinafter WISSARD)..
148
149 D) The Navy will provide the Trust Board an opportunity to review the design for the
150 entrance gate component of the OLF Coupeville Security Enhancement Project prior to
151 reinitiating the undertaking.
152
153 ADMINISTRATIVE PROVISIONS
154
155 II) DISPUTE RESOLUTIONS
156
157 A) Should any signatory or consulting party to this MOA object at any time to any actions
158 proposed or the manner in which the terms of this MOA are implemented, the Navy shall
159 consult with such party to resolve the objection. If the Navy determines that such
160 objection cannot be resolved, the Navy will:
161
162 1) Forward all documentation relevant to the dispute, including the Navys proposed
163 resolution, to the ACHP. The ACHP shall provide the Navy with its advice on the
164 resolution of the objection within thirty (30) calendar days of receiving adequate
165 documentation. Prior to reaching a final decision on the dispute, the Navy shall
166 prepare a written response that takes into account any timely advice or comments
167 regarding the dispute from the ACHP, signatories and concurring parties, and provide
168 them with a copy of this written response. The Navy will then proceed according to
169 its final decision.
170
171 2) If the ACHP does not provide its advice regarding the dispute within the thirty (30)
172 calendar day time period, the Navy may make a final decision on the dispute and
173 proceed accordingly. Prior to reaching such a final decision, the Navy shall prepare a
174 written response that takes into account any timely comments regarding the dispute
175 from the signatories and concurring parties to the MOA, and provide them and the
176 ACHP with a copy of such written response.
177
178 B) The Navy's responsibility to carry out all other actions subject to the terms of this MOA
179 that are not the subject of the dispute remain unchanged.
180

181
182 III) ANTI-DEFICIENCY ACT
183
184 A) The Anti-Deficiency Act, 31 U.S.C. 1341, prohibits federal agencies from incurring an
185 obligation of funds in advance of or in excess of available appropriations. Accordingly,
186 the Signatory Parties agree that any requirement for the obligation of funds arising from
187 the terms of this MOA will be subject to the availability of appropriated funds for that
188 purpose. The Stipulations contained in this MOA will not be interpreted as requiring the
189 obligation or expenditure of funds in violation of the Anti-Deficiency Act.
190
191 B) If compliance with the Anti-Deficiency Act impairs the Navy's ability to implement the
192 Stipulations of this MOA, the Navy will consult with the Signatory Parties to determine if
193 an amendment is necessary to fully satisfy the stipulation herein.
194
195 IV) AMENDMENTS
196
197 This MOA may be amended when such an amendment is agreed to in writing by all
198 signatories. The amendment will be effective on the date a copy signed by all of the
199 signatories is filed with the ACHP.
200
201 V) TERMINATION
202
203 A) If any signatory to this MOA determines that its terms will not or cannot be carried out,
204 that party shall immediately consult with the other parties to attempt to develop an
205 amendment per Stipulation IV, above. If within thirty (30) calendar days (or another time
206 period agreed to by all signatories) an amendment cannot be reached, any signatory may
207 terminate the MOA upon written notification to the other signatories.
208
209 B) Once the MOA is terminated, and prior to work continuing on the undertaking, the Navy
210 must either (a) execute an MOA pursuant to 36 C.F.R. 800.6 or (b) request, take into
211 account, and respond to the comments of the ACHP under 36 C.F.R. 800.7. The Navy
212 shall notify the signatories as to the course of action it will pursue.
213
214 VI) COORDINATION
215
216 The Navy will ensure that each Signatory and Concurring Party is provided a copy of the
217 fully executed MOA within thirty (30) calendar days of executing the MOA.
218
219 VII) POST REVIEW DISCOVERY
220
221 If during the performance of the undertaking or in the course performance of the
222 stipulations in this MOA previously unknown historic properties are discovered or
223 unanticipated effects on historic properties found, the Navy shall immediately implement
224 the Inadvertent Discovery Plan (Appendix B).
225
226 VIII) DURATION

227
228 This MOA will expire if its terms are not carried out within five (5) years from the date
229 of its execution. Prior to such time, the Navy may consult with the other signatories to
230 reconsider the terms of the MOA and amend it in accordance with Stipulation IV above.
231
232 Execution of this MOA by the Navy, SHPO, and the ACHP and implementation of its terms
233 evidence that the Navy has taken into account the effects of this undertaking on historic
234 properties and afforded the ACHP an opportunity to comment.
235

236 MEMORANDUM OF AGREEMENT

237 AMONG
238 COMMANDER, NAVY REGION NORTHWEST,
239 AND
240 THE WASHINGTON STATE HISTORIC PRESERVATION OFFICER,
241 AND THE
242 THE ADVISORY COUNCIL ON HISTORIC PRESERVATION
243 REGARDING THE SECURITY ENHANCEMENTS AT
244 OUTLYING LANDING FIELD COUPEVILLE,
245 NAVAL AIR STATION WHIDBEY ISLAND,
246 ISLAND COUNTY, WASHINGTON
247 2017
248
249
250 SIGNATORIES:
251
252 DEPARTMENT OF THE NAVY
253
254
255 By: __________________________ Date: _________________
256 GARY MAYES, Rear Admiral, U.S. Navy
257 Commander, Navy Region Northwest
258
259
260 By: __________________________ Date: _________________
261 GEOFFERY MOORE, Captain, U.S. Navy
262 Commander, Naval Air Station Whidbey Island

263

264 MEMORANDUM OF AGREEMENT

265 AMONG
266 COMMANDER, NAVY REGION NORTHWEST,
267 AND
268 THE WASHINGTON STATE HISTORIC PRESERVATION OFFICER,
269 AND THE
270 THE ADVISORY COUNCIL ON HISTORIC PRESERVATION
271 REGARDING THE SECURITY ENHANCEMENTS AT
272 OUTLYING LANDING FIELD COUPEVILLE,
273 NAVAL AIR STATION WHIDBEY ISLAND,
274 ISLAND COUNTY, WASHINGTON
275 2017
276
277
278 SIGNATORIES:
279
280
281 WASHINGTON STATE HISTORIC PRESERVATION OFFICE
282
283
284 By: __________________________ Date: _________________
285 DR. ALLYSON BROOKS
286 Washington State Historic Preservation Officer
287

288 MEMORANDUM OF AGREEMENT

289 AMONG
290 COMMANDER, NAVY REGION NORTHWEST,
291 AND
292 THE WASHINGTON STATE HISTORIC PRESERVATION OFFICER,
293 AND THE
294 THE ADVISORY COUNCIL ON HISTORIC PRESERVATION
295 REGARDING THE SECURITY ENHANCEMENTS AT
296 OUTLYING LANDING FIELD COUPEVILLE,
297 NAVAL AIR STATION WHIDBEY ISLAND,
298 ISLAND COUNTY, WASHINGTON
299 2017
300
301
302 SIGNATORIES:
303
304
305 ADVISORY COUNCIL ON HISTORIC PRESERVATION
306
307
308 By: __________________________ Date: _________________
309 JOHN M. FOWLER
310 Executive Director, Advisory Council on Historic Preservation
311

312 MEMORANDUM OF AGREEMENT

313 AMONG
314 COMMANDER, NAVY REGION NORTHWEST,
315 AND
316 THE WASHINGTON STATE HISTORIC PRESERVATION OFFICER,
317 AND THE
318 THE ADVISORY COUNCIL ON HISTORIC PRESERVATION
319 REGARDING THE SECURITY ENHANCEMENTS AT
320 OUTLYING LANDING FIELD COUPEVILLE,
321 NAVAL AIR STATION WHIDBEY ISLAND,
322 ISLAND COUNTY, WASHINGTON
323 2017
324
325 CONCURRING PARTIES:
326
327 NATIONAL PARK SERVICE AT EBEYS LANDING NATIONAL HISTORICAL RESERVE
328
329
330 By: __________________________ Date: _________________
331 ROY ZIPP
332 Operations Manager, National Park Service at Ebeys National Historical Reserve
333

334 MEMORANDUM OF AGREEMENT

335 AMONG
336 COMMANDER, NAVY REGION NORTHWEST,
337 AND
338 THE WASHINGTON STATE HISTORIC PRESERVATION OFFICER,
339 AND THE
340 THE ADVISORY COUNCIL ON HISTORIC PRESERVATION
341 REGARDING THE SECURITY ENHANCEMENTS AT
342 OUTLYING LANDING FIELD COUPEVILLE,
343 NAVAL AIR STATION WHIDBEY ISLAND,
344 ISLAND COUNTY, WASHINGTON
345 2017
346
347 CONCURRING PARTIES:
348
349
350 TRUST BOARD OF EBEYS LANDING NATIONAL HISTORICAL RESERVE
351
352
353 By: __________________________ Date: _________________
354 KRISTEN GRIFFIN
355 General Manager, Ebeys Landing National Historical Reserve
356

357 MEMORANDUM OF AGREEMENT

358 AMONG
359 COMMANDER, NAVY REGION NORTHWEST,
360 AND
361 THE WASHINGTON STATE HISTORIC PRESERVATION OFFICER,
362 AND THE
363 THE ADVISORY COUNCIL ON HISTORIC PRESERVATION
364 REGARDING THE SECURITY ENHANCEMENTS AT
365 OUTLYING LANDING FIELD COUPEVILLE,
366 NAVAL AIR STATION WHIDBEY ISLAND,
367 ISLAND COUNTY, WASHINGTON
368 2017
369
370 CONCURRING PARTIES:
371
372
373 ISLAND COUNTY COMMISSIONERS
374
375
376 By: __________________________ Date: _________________
377 NAME
378 District XX
379

380 MEMORANDUM OF AGREEMENT

381 AMONG
382 COMMANDER, NAVY REGION NORTHWEST,
383 AND
384 THE WASHINGTON STATE HISTORIC PRESERVATION OFFICER,
385 AND THE
386 THE ADVISORY COUNCIL ON HISTORIC PRESERVATION
387 REGARDING THE SECURITY ENHANCEMENTS AT
388 OUTLYING LANDING FIELD COUPEVILLE,
389 NAVAL AIR STATION WHIDBEY ISLAND,
390 ISLAND COUNTY, WASHINGTON
391 2017
392
393 CONCURRING PARTIES:
394
395
396 TOWN OF COUPEVILLE
397
398
399 By: __________________________ Date: _________________
400 MOLLY HUGHES
401 Mayor, Town of Coupeville
402

403 MEMORANDUM OF AGREEMENT

404 AMONG
405 COMMANDER, NAVY REGION NORTHWEST,
406 AND
407 THE WASHINGTON STATE HISTORIC PRESERVATION OFFICER,
408 AND THE
409 THE ADVISORY COUNCIL ON HISTORIC PRESERVATION
410 REGARDING THE SECURITY ENHANCEMENTS AT
411 OUTLYING LANDING FIELD COUPEVILLE,
412 NAVAL AIR STATION WHIDBEY ISLAND,
413 ISLAND COUNTY, WASHINGTON
414 2017
415
416 CONCURRING PARTIES:
417
418
419 CITIZENS OF EBEYS RESERVE
420
421 By: __________________________ Date: _________________
422 [NAME]
423