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. This guide replaces ACHP`s previous publications, which are intended to assist in the development of contractual documents. In 1988, the CHPA published the Preparatory Documents (PAD). Pad should provide standard rules for the most common types of mitigation measures used to address negative effects on historical properties at this stage. As with these guidelines, the ADP has provided model provisions that serve as reference instruments that provide an appropriate framework for documenting commitments in contractual documents. Programming agreements are the most commonly used alternative for the program. They allow federal authorities to regulate the implementation of a particular agency program or to resolve the adverse effects of complex projects or several similar undertakings by negotiating an agreement between the Agency, SHPO/THPO (s) and ACHP. In certain circumstances, the ACHP may also designate a given agency agreement as a prototype agreement, which can be used for the same type of program or business on several programs or territories. 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). A federal authority may also follow an “PA program” [36 CFR 800.14 (b) (2) ] if it wishes to create a Section 106 procedure that differs from the standard verification procedure for all businesses under a given program.