PAD was intended to provide sample stipulations for the most common kinds of mitigation measures used to resolve adverse effects to historic properties at that time. It is designed to walk stakeholders through the process of developing and writing a clear, concise agreement document to address an undertaking's effects to historic properties under Section 106 of the National Historic Preservation Act or develop a programmatic agreement… See the ACHP’s online “Guidance on Welcome to the Advisory Council on Historic Preservation's (ACHP) Guidance on Section 106 agreement documents. 106) http://www.achp.gov/apptoolkit.html (Section 106 Applicant Toolkit) ACHP Guidance on Section 106 Agreement Documents: http://www.achp.gov/agreementdocguidance.html . National Register of Historic Places. Welcome to the Advisory Council on Historic Preservation's (ACHP) Guidance on Section 106 agreement documents. Develop clear, concise, and complete MOAs and PAs. G Model Memorandum of Agreement and Checklist. When all of the terms of an agreement have been carried out and the agreement has expired in accordance with its duration clause, the federal agency should send written notice to the other signatories and consulting parties, informing them to that effect. Should a programmatic agreement for an agency program or for multiple undertakings be terminated, the agency must comply with 36 CFR §§ 800.3-800.7 for each individual undertaking that was covered by the agreement. ACHP Guidance on Section 106 Agreement Documents. This guidance is provided to assist federal agencies, states, Indian tribes, A federal agency may elect not to pursue the proposed undertaking, it may decide ultimately to deny a permit, or it may otherwise need to change the scope, direction, or components of a proposed undertaking. The Advisory Council on Historic Preservation (ACHP) has received your adverse effect notification and complete documentation pursuant to the Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission (NPA) regarding the referenced undertaking. The federal agency is responsible for writing the In some cases, a meeting among the consulting parties may take the place of reporting, or may be used to follow up, support, or discuss a report. See Terminating an Agreement below. Once an agreement is terminated and before continuing with the undertaking, the responsible federal agency must either enter into a new Section 106 agreement for the specific undertaking or project, or request and consider the comments of the ACHP pursuant to 36 CFR § 800.7. For example, SHPOs and THPOs may recommend annual meetings with federal agencies wherein they assess the status of all ongoing Section 106 consultations and the implementation of existing agreement documents. Appendix E. General Guidance on Preparing Section 4(f) Documents We have taken the following guidance from numerous FHWA policy papers and federal regulations. To assist entities tasked with coordinating project review, the Texas Historical Commission (THC) has developed guidance and agreement documents for compliance with Section 106 of the National Historic Preservation Act and the Antiquities Code of Texas. Project changes might also necessitate a different approach to avoidance, minimization, and mitigation measures. The new agreement may acknowledge, incorporate, or continue already agreed upon measures. Email GADhelp@achp.gov with any questions or comments. A signatory or invited signatory (who has signed the agreement) may terminate the agreement. As the agency responsible for administering the Section 106 process, the ACHP typically has a unique role in the dispute resolution process in Section 106 agreements. Attachment 2: Finding of Effect. This guidance is provided to assist federal agencies, states, Indian tribes, Native Hawaiian organizations, applicants, local governments, consulting parties, and the public in developing, implementing, and concluding such agreements. Terminating an agreement is a step that should not be treated lightly. It is also important for the other parties to the agreement to keep track of these review points and participate in relevant discussions whenever possible. 1. These stipulations should be worded in such a way so that the SHPOs, THPOs, and others provide comments to the agency within a specified time period (often 30 days), with the agency then considering the comments before moving forward. Once a Section 106 agreement is executed and filed with the ACHP, the federal agency (and/or applicant) is able to implement the undertaking and it may now approve the expenditure of federal funds on the undertaking or issue a license or permit for the undertaking. Click to download a pdf file of the ACHP's MOA template. ACHP, “Prototype Programmatic Agreement Guidance” (Feb. 3, 2012) http://www.achp.gov/docs/guidance… Prior to that point, where an agency cannot meet certain obligations in the agreement or disagreements arise among the signatories about the implementation of its terms, the agency should utilize the dispute resolution, amendment, or termination provisions. In addition to the federal agency, signatories such as the SHPO, THPO, and the ACHP may have certain duties under an agreement, including reviewing documentation or other deliverables. Attachment 3: Section 106 Conclusion Memo. The failure of an agency to fulfill its terms is a violation of federal law and may ultimately lead to litigation and court enforced actions. If NPS determines that such objection cannot be resolved, NPS will: A.Forward all documentation relevant to the dispute, including the NPS’s proposed resolution, to the ACHP. It is important for the federal agency to establish regular review points and provide for ongoing outreach to consulting parties for the duration of an agreement. Prior to terminating an agreement because its terms cannot be carried out, the signatories should consult to determine whether an amendment to the agreement might be feasible and appropriate. If a federal agency executes a Section 106 agreement, but then decides to not carry out, assist, or permit the proposed undertaking prior to any physical work actually beginning, it may no longer have any Section 106 responsibilities for that undertaking. Click to download a pdf copy of the agreement content checklist. ACHP’s current (2015) guidance on agreement documents, and provides sample language that has, over decades, been developed between the Arizona State Historic Preservation Office (SHPO), the ACHP, federal agencies, and consulting parties for undertakings within Arizona. implementation of the agreement. While reading all the sections in order is the best way to understand the sequence of actions and decisions that should be made to support the development of effective Section 106 agreement documents, you can use the menu below to navigate to specific topics about agreement development. This guidance replaces earlier ACHP publications designed to assist in developing agreement documents. Concurring parties, who sign an agreement document simply to demonstrate their concurrence with its terms and who lack the authority to amend or terminate the agreement, should not be assigned responsibilities in the agreement. Guidance on Agreement Documents – This site provides detailed guidance in developing, implementing, and concluding agreements such as Memorandum of Agreement and Programmatic Agreements. Attachment 4: Telecommunications Program Tribal If the agreement expires before the undertaking or mitigation measures have been completed, the federal agency must reinitiate consultation to develop a new agreement to resolve the adverse effects from the undertaking. Attachment 1: Initiate Consultation with the SHPO. ACHP Fall Section 106 Webinars/Classes . A fundamental goal of Section 106 consultation is to ensure an agency's decision on carrying out, financially assisting, licensing, or permitting an undertaking is well informed regarding effects to historic properties and the views of others regarding those effects. ACHP - Working With Section 106. In setting forth the responsibilities of parties other than the federal agency, it is important to remember that, where relevant, agreement documents should provide for the review of documents or action plans by SHPOs, THPOs, and others as appropriate. In 1988, the ACHP issued Preparing Agreement Documents (PAD). Click to download a pdf file of the ACHP's MOA/PA amendment template. The ACHP has also issued a Citizen’s Guide to Section 106 as well as guidance on developing agreement documents to assist all Section 106 practitioners with documenting their commitments to resolve effects to historic properties when they may occur. E ACHP Section 106 Archaeology Guidance. Completion of the MOA Include text in a stipulation explaining how NRC will notify all the consulting parties when the In this case, the federal agency may elect to vacate the agreement by sending written notice to all consulting parties of the change in circumstances and its decision to vacate the agreement. This guidance was developed by the Advisory Council on Historic Preservation (ACHP) and is intended to assist federal agencies, states, Indian tribes, Native Hawaiian organizations, applicants, local governments, consulting parties, and the public in developing, implementing, and concluding Section 106 agreements. In other words, the same signatories and invited signatories sign, and a fully-executed copy is filed with the ACHP. Email GADhelp@achp.gov with any questions or comments. The ability to reflect on the process and identify lessons learned and best practices could be invaluable to the agency in moving forward and refining its approach to future Section 106 reviews. ACHP often declines but they can be pulled in at anytime if needed. Use of this guide can help minimize disputes regarding agreed upon measures down the line and save time that is better spent finding creative ways to avoid, minimize, or mitigate adverse effects to historic properties. The ACHP is exempt from compliance with Executive Order 12866 pursuant to implementing guidance issued by the Office of Management and Budget's (OMB) Office of Information and Regulatory Affairs in a memorandum dated October 12, 1993. This guidance also contains examples of administrative stipulations that either must be included in agreement documents (e.g., regarding duration, amendment, and termination) or should be included in the document (e.g., regarding dispute resolution, provisions for monitoring/reporting, discoveries, emergencies, and professional qualifications and applicable standards). There can be some confusion about agreements among Section 106 participants. The SHPO welcomes Virginia Harness as our new Architectural Historian and Co- It also allows the parties to raise any questions they may have about the adequacy of the agency's efforts. 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