Section 106 Agreement Documents

If the Section 106 process is completed with an completed MOA or PA (either a project or an AP program), such an agreement is applicable to the Agency in accordance with Section 110 (l) of the NHPA (54 U.S.C). These agreements “govern the company and all its parts.” That is why they must be written carefully, so that everyone understands what they are asking for and that the Agency is able to fully fulfill all the legal obligations it has accepted. When a federal authority has found that the business may be infringing on historic properties or has identified the need to develop a programmatic approach to compliance with Section 106, it is required to fulfill its obligations under Section 106 to “take into account the effects of its obligation on historic real estate” and to provide the CHPA with an “appropriate opportunity” to make its submissions through the execution and implementation of a contractual document (MOA or PA). In the rare event that the advisory parties fail to reach an agreement, a necessary signatory may terminate the consultation and seek formal advice from the CHPA (see paragraph 36 CFR 800.7). Review of experienced practitioners in Section 106 and/or Veterans of an introductory seminar who need help developing agreements. This guide replaces ACHP`s previous publications, which are intended to assist in the development of contractual documents. In 1988, the CHPA published the Preparatory Documents (PAD). Pad should provide standard rules for the most common types of mitigation measures used to address negative effects on historical properties at this stage. As with these guidelines, the ADP has provided model provisions that serve as reference instruments that provide an appropriate framework for documenting commitments in contractual documents. Finally, regardless of the type of agreement that the federal authority intends to develop to resolve adverse effects (MOA or PA project), it is a good idea to re-examine whether there are still reasonable ways to avoid adverse effects overall; and if not, if there are still viable measures that can minimize adverse effects. Of course, sometimes the legitimate purpose and necessity of a project can be such that it is impossible or inetractive to avoid. Nevertheless, it is a good idea to go to the exercise of avoidance. Development of the Kiel Ranch Historic Park is located in the City of North Las Vegas MOA and change #1 (also available in the national service section below) While reading all sections is the best way to understand the order of actions and decisions that should be taken to support the development of documents in Section 106 effective agreement documents, you can use the menu below to browse some topics on the development agreement.