Yes. Once a prototype agreement has been established, ACHP will monitor its implementation by continuing to provide technical assistance to the federal authority during the implementation phases, continuing communication with SHPOs, THPOs and other stakeholders, reviewing progress reports and pursuing implementation and utilization results and challenges, and, where appropriate, by participating in the settlement of disputes within the framework of subsequent agreements. It is therefore essential that the Agency incorporate appropriate mechanisms into the prototype agreement in order to report regularly to THE CCPA on its implementation. CPHA will publish all prototyping agreements and related information on its publicly accessible website. Yes. The ACHP may amend a prototype agreement after consultation with the federal competent authority NCSHPO and the THPO, Indian strains or NHOs concerned. The ACHP will inform the Federal Authority of the changes to the notified prototype agreement and recommend that the Agency inform all interested parties and advisory parties of the amended agreement. If the ACHP finds that the terms of the prototype agreement cannot be implemented or are not being implemented or that there is another compelling reason in this regard, it may revoke the designation status of a prototype agreement. The ACHP shall not revoke the designation of the prototype agreement without consulting the competent authority and ncSHPO or the relevant SHPO(s) and THPO(s) in order to resolve the issue. If the prototype contract should be modified or revoked, subsequent agreements already concluded at the time of modification or revocation will remain in force and will remain unchanged. They may be modified or terminated on their own terms.
If an agency is interested in developing and executing an agreement that follows the text of an already revoked prototype agreement, it must include the ACHP and follow the standard process in accordance with paragraphs 800.14(b) or (3) of CFR 36. Welcome to the Advisory Council on Historic Preservation (ACHP) Guidelines on Section 106 Contract Documents. Section 106 contract documents play a critical role in documenting a federal authority`s commitment to fulfill and complete its responsibilities under Section 106 of the National Historic Preservation Act (54 U.S.C§ 306108). This guide is provided to assist federal authorities, states, Indian tribes, Native Hawaiian organizations, applicants, local governments, advisory parties, and the public in developing, implementing, and entering into such agreements. The definitions in 36 CFR 800.16 are applicable and have been agreed upon by all parties to this Agreement. Check the ACHP model MOA for the boilerplate language and the general organization of the destination. § 106 established legal obligations at the federal level; Section 110(l) of the NHPA provides that where an agreement has been entered into under Section 106 concerning a business, that agreement applies to the company and all its parts. The purpose of this previous statement is to clarify that the federal authority, as the section 106 compliance authority, is the party responsible for ensuring that the terms of the MOA or PA are carried out (even if certain responsibilities or acts are assigned to other parties in the provisions). 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.
Emergencies can occur during the implementation of a project. The provisions of Section 106 contain emergency provisions in 36 CFR § 800.12. . . .