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. 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. Historic properties. The list of known historical features in the preamble or provisions (or in an annex if the list is extended) provides the framework for assessing the company`s impact and avoids future confusion or disagreement about what is covered by the MOA or PA. Some contractual documents indicate the specific location of the historic real estate concerned, but in certain situations, such information about the location, character or ownership of a historic property may infringe the property, result in a violation of privacy or hinder its use by traditional religious practitioners. In such situations, a public authority should consider not disclosing the sensitive information referred to in Section 304 of the NHPA (54 U.S.CÂ§ 307103) and 36 CFR Â§ 800.11 (c). Publication of the exact location of an archaeological site or traditional heritage (TCP) should generally be avoided in order to guard against vandalism or inappropriate access. Parties.
The participation and role of signatories, invited signatories and concurring parties should be clearly recorded in the preamble section, as the roles they will play with respect to the execution, modification and termination of the agreement will be different (see 36 CFR Â§ 800.6 (c)). In addition, the “Preamble” section should refer to public relations conducted as part of the Section 106 review process. The title designates the company and the signatories of the agreement. It also indicates whether the document is a memorandum of understanding or a programmatic agreement. The public should be informed of the state of play of the implementation of the Agreement, which is in the public interest of its implementation. They may, where appropriate, have the opportunity to advise the federal authority on subsequent audits under an agreement under section 106, in particular those that will be subject to assessments of historic real property, assessment of the impact on historic immovable property or development of treatment measures. These provisions are particularly important in an APP that defines an ongoing process for the implementation of one or more commitments. The federal authority is responsible for the preparation of the MOA or PA.