One of the fundamental objectives of the section 106 consultation is to ensure that an agency`s decision on the implementation, financial assistance, licensing or authorization of a business is well informed of the impact on historic real property and the views of others on those effects. This guide is a living document that contains updates and new provisions related to model convention documents in order to solve emerging problems and needs as soon as they arise. CPHA welcomes proposals to update this guide. Send GADhelp@achp.gov an email with questions or comments. A link to the substantive provisions is included in this guide. These vary depending on the nature of the project, the historic properties involved and the agreed reduction. Administrative provisions, some of which must be included in all agreements, are dealt with below. § 106 Agreement documents may be executed in equivalents; That is, each signatory, invited signatory and concordant party can sign and date a separate signature page at the same time or one after the other, which is then brought together to form a single agreement with all signatures. In this case, each separate signature page should contain the full title of the agreement, so that there is no ambiguity as to the document that the party signs.
Here you will find an example of a properly formatted equivalent signature page. The preamble refers to the legal competence of the company; introduces the signatories; provides relevant background files on the project, activity or program; briefly describes the consultation process under section 106; Identifies advisory parties; and contains any additional contextual information that may be necessary for a reader to understand the intent and purpose of the agreement. Once the federal authority has entered into a fully executed agreement in accordance with Section 106, it should make this information publicly available in addition to providing copies to all advisory parties, subject to the confidentiality provisions of paragraph 800.11 of the CFR (c). The Agency must then ensure that the obligation is implemented in accordance with the terms of the agreement. Identify the agency. Since Article 106 imposes a legal obligation on the federal authorities, it is essential that the competent federal authority be clearly indicated in the title, preamble, introduction of the provisions and final clause as well as in any other place in the document where it is appropriate. If more than one federal agency is involved in a business, the agencies may designate a lead agency to perform its individual section 106 duties together. In its preamble, the agreement should document the designation of the lead agency and indicate the nature of the involvement of all federal authorities, not just the lead agency. Enterprise. The preamble should clearly define the project or programme (the undertaking), the nature of the federal State`s involvement and/or whether it is aid, licence or authorisation or other authorisation.
It is useful to list the legal authorities that constitute the legal basis for the participation of the federal authority. The name and description of the entity in the Section 106 agreement must be consistent throughout the agreement and be used in other contexts, for example. B in documents prepared to meet NEPA requirements or on information websites. Project numbers or plan titles and data can be indicated in order to further identify the specific company or program. In an AP, the preamble should also describe why the federal authority decided that a programmatic approach was appropriate to the circumstances of the project or program. . . .