While some of the sampling provisions proposed under these guidelines may be used in their current form, the CHPA encourages those who enter into agreements, individually assess each situation and agreement, and determine the appropriate language that may be required in a given circumstance. These provisions are not a substitute for creative thinking if the parties to the consultation come up with new and innovative ideas, or even better mitigation ideas, that will better resolve the negative effects on the public interest. This guide also contains examples of administrative provisions that must be included in either contractual documents (e.g. B in terms of duration, change and termination), either in the document (for example. B with respect to work assistance, monitoring/information provisions, discoveries, emergencies and professional qualifications, and applicable standards). Changes to access to System I also require compliance with transportation planning, air quality, congestion management and the National Environmental Policy Act (NEPA), which are considered processes outside of this agreement. Historic real estate. The list of historical characteristics known in the preamble or provisions (or in an appendix if the list is extensive) defines the framework for assessing the company`s impact and avoids any future misunderstanding or disagreement about what is dealt with in the MOA or PA. Some contractual documents contain the specific locations of the historical properties concerned, but in certain situations representing such information about the location, character or ownership of a historic property, this could result in an invasion of privacy or hinder their use by traditional religious practitioners. In such cases, an agency should consider providing the sensitive information referred to in Section 304 of the NHPA (54 U.C No. 307103) and 36 CFR 800.11 (c) of disclosure. Publication of the exact location of an archaeological site or traditional cultural heritage (TCP) should generally be avoided in order to protect against vandalism or inappropriate access.
The preamble mentions the legal jurisdiction of the company; Introduces the signatories; Provides relevant general information about the project, activity or program The consultation process is briefly described in Section 106; Identifies the parties to the board and contains all the additional contextual information that may be necessary for a reader to understand the intent and purpose of the agreement. Federal authorities engage in Section 106 of agreements based on the best knowledge of available resources. However, circumstances beyond the control of agencies can sometimes compromise their ability to meet these obligations. In this situation, the language that refers to the anti-defying law may be useful in reaffirming the Agency`s responsibility to seek alternatives. Adaptations, for example, provide model language. With the written agreement of both parties, the terms of this agreement can be maintained for an additional six months until the agreement can be renewed or an amendment or new agreement can be drawn up. Welcome to the Advisory Committee for the Conservation of Historic Monuments (CHPA) guide to Section 106 contract documents. Section 106 documents of the agreement play a key role in documenting a federal authority`s obligation to carry out and carry out its responsibilities in accordance with Section 106 of the National Historic Preservation Act (NHPA) (54 U.S.C 306108). This guide is provided to assist federal authorities, states, Indian tribes, Hawaii Indian organizations, applicants, local governments, advisory parties and the public in developing, implementing and concluding such agreements.