Section 106 Agreement Documents

While some of the exemplary provisions proposed under these guidelines can be used as they are, CPHA encourages those developing agreements to assess each situation and agreement individually and determine the appropriate language that may be required in certain circumstances. These provisions should not replace creative thinking if the advisor party proposes new, innovative or even better mitigation ideas that better address the negative effects of the public interest. This guide also contains examples of administrative provisions that must be included in contractual documents (e.g. B with respect to duration, modification and termination) or should be included in the document (e.g. B with regard to dispute resolution, monitoring/reporting rules, discoveries, emergencies and professional qualifications and applicable standards). This advanced seminar will focus on memorandum of understanding and programmatic agreements, in accordance with Section 106 of the National Historic Preservation Act. Learn how to survive and thrive during the agreement process through careful analysis, clear writing, and good negotiations. Check the tools, policies, alternatives and alternatives available to reach a favorable conclusion of the process. Where a business may have a negative influence on historic real property (districts, sites, buildings, structures or prehistoric or historic objects listed on the National Register of Historic Places or likely or likely to be included in the National Register of Historic Places), the provisions of section 106 in 36 CFR § 800.6 (b) (1) (i-iv) require the federal authority: consult the State and/or Tribal Historic Preservation Officer (SHPO). THPO) and other parties to negotiate and perform a contractual document, pursuant to Section 106, showing the steps that the federal authority will take to remedy these adverse effects by avoiding, minimizing or mitigating.

This manual is intended to help the reader accomplish this task. A federal authority may also follow a “PA program” (36 CFR § 800.14 (b) (2)) if it wishes to create a Section 106 process that is different from the standard assessment process and applicable to all companies under a specific program. The rationale for the program`s SAP is a program that has similar or repetitive impacts on historic land, in order to avoid the need for a separate section 106 review for each project (e.g.B. Community Development Block Grant), or that relies on delegating significant decision-making responsibilities to non-federal parties (e.g. B the delegation of certain powers of Section 106 to public transport services by the Federal Motorway Administration). CCPA has contributed to the development of numerous program APs for the routine management of real property, land and historic real property in federal institutions such as military facilities, national forests, national energy laboratories and national aerospace management centres. There is another type of agreement, mentioned in the provisions of Section 106 in 36 CFR § 800.2 (c) (2) (ii) (E). . . .