Historic Section 106 Agreements

Prior to the development of an MOA, the federal authority should ensure that it has determined, in accordance with the rules, the area of the company`s potential effects, that it has made reasonable and consistent efforts to determine historical characteristics in the area of potential effects, to determine how the company can have a negative impact on these historical characteristics, and to have informed the CHPA of the assessment of the negative effects. While reading all sections in order is the best way to understand the sequence of actions and decisions to be made to support the development of effective Section 106 agreement documents, you can use the menu below to navigate specific topics related to contract development. E-mail GADhelp@achp.gov with questions or comments. 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 developer and a local planning authority may enter into an agreement with obligations to the developer or both parties who support the granting of a building permit or building permit base. Sometimes a proponent may propose to do something against authorization or consent without the local authority`s request or approval, and these are referred to as “unilateral obligations.” All of these planning obligations are commonly referred to as s106 agreements, depending on the provision that allows them (1). One of the main objectives of the Section 106 consultation is to ensure that an agency`s decision regarding the implementation, financial support, licensing or authorization of a business is well informed of the impact on historic real estate and the views of others regarding these effects.