Where Can I Get a Copy of a Section 106 Agreement

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While some of the examples of provisions proposed under these guidelines can be used as is, the NDMP encourages those developing agreements to assess each situation and agreement individually and determine the appropriate wording that may be required in certain circumstances. These provisions are not a substitute for creative thinking if the advisory parties propose new, innovative or even better mitigation ideas that better reflect negative effects in the public interest. These guidelines also include examples of administrative provisions that must either be included in the specifications (e.B in terms of duration, modification and termination) or included in the document (e.B. as regards dispute resolution, monitoring/reporting provisions, detections, emergencies and professional qualifications and applicable standards). A federal agency may also pursue an “AP program” (36 CFR § 800.14(b)(2)) if it wishes to create a section 106 process that is different from the standard review process and applies to all businesses under a particular program. The rationale for program PAs includes a program that has obligations that have similar or repetitive effects on historic real property to avoid the need for a separate section 106 review for each project (p.B Class Grant Agreements for Community Development), or that relies on the transfer of important decision-making tasks to non-federal parties (p.B delegation of certain responsibilities under Section 106 by the Federal Highway Administration to the State Departments of Transportation). ACHP has helped develop numerous PA programs for the routine management of real estate, land, and historic real estate in federal facilities such as military facilities, national forests, national energy laboratories, and National Aeronautics and Space Administration centers. You can ask us for a copy of an agreement under Article 106 via our online form. Section 106 regulations require a federal agency to formally replace its review process under the National Environmental Policy Act (NEPA) to comply with section 106 (see 36 CFR § 800.8(c)). If, in preparing an Environmental Impact Statement (EIS), the Agency determines that the proposed obligation could have a negative impact on historic properties, it may either document its obligations to resolve adverse effects on historic properties through a Memorandum of Understanding or PA, or a description of its binding commitment to take action to avoid and minimize adverse effects on historic properties. Mitigate real estate in the decision protocol (ROD).

In the latter case, the agency would not have to develop a separate MOU or PA to complete the Section 106 process: the terms of the ROD would be a legally binding obligation, just like a MOA or AP. It should be noted that if an organization uses the NEPA process for section 106 purposes and prepares an environmental assessment (EA), the Agency will be required to conduct a separate Memorandum of Understanding or PA to address any adverse reactions and complete the section 106 process. Read the NEPA/NHPA Section 106 manual. PAs are generally divided into two types: “project PAs” and “program PAs”. There are cases where the completion of the procedure provided for in Article 106 before the final decision concerning a particular entity is not feasible. The regulation allows an organization to pursue a “PA project” (36 CFR § 800.14 (b) (3)) instead of a memorandum of understanding in certain circumstances. The most common situation where a PA project may be appropriate is when the federal agency cannot fully determine how a particular business may affect historic real estate or the location of a historic property and its importance and character before approving the business. For example, the Agency may be required by law to make a final decision on a business within a time frame that simply does not meet the standard procedure set out in section 106, especially if the company`s potential impact area includes large areas of land or if the company may consist of several activities that could adversely affect historic real estate. While reading all the sections in the right order is the best way to understand the sequence of actions and decisions that should be made to support the development of effective contractual documents in accordance with Article 106, you can use the menu below to access specific topics on developing agreements. Envoyez-GADhelp@achp.gov an email with questions or comments. If you complete the online form to request a copy of a section 106 agreement, you will be asked to provide your name, address, email address and telephone number.

Your data will be stored securely in accordance with data protection law. We use your data to process your request. If you wish to remove your details from our database, please send an e-mail to laura.brentnall@lichfielddc.gov.uk Government Circular 05/2005 (paragraph B50) advises local authorities to carefully monitor all legal agreements. For the preparation, examination and preparation of S106 contracts and unilateral obligations, we charge attorneys` fees. Federal organizations should consider the views of the advisory parties when deciding whether a Memorandum of Understanding or PA is the appropriate agreement under section 106. In addition to carefully considering the SHPO`s views on businesses outside of tribal lands, it is important that the agency also consider the views of Native American tribes and Native Hawaiian Organizations (HLOs) regarding the development of agreements that have implications for the treatment of historic properties of religious and cultural significance to them, on or off tribal lands. The agency should coordinate quickly with Native American tribes and NHOs interested in developing such an agreement. Tribes and national organizations should have the opportunity to exchange views on whether a programmatic approach allows for ongoing and meaningful consultation and to participate in the development of provisions for consultation in PAs.

Advisory parties may also seek advice from CHPA staff at any time on the type of agreement document (MOA or PA) that is best suited to each situation. .