The preamble refers to the legal authority of the company; introduces the signatories; provide relevant background information about the project, activity or programme; briefly describes the consultation process under section 106; identifies advisory parties; and contains any additional contextual information that may be necessary for a reader to understand the intent and purpose of the Agreement. This guide replaces previous CHPA publications to assist in the development of agreement documents. In 1988, CHHA issued Preparatory Agreement Documents (PCAs). The DPA should provide samples to determine the most common types of mitigation measures used to address adverse effects on historic properties at that time. As with this guide, the DPA provided examples of provisions that serve as reference tools that provide an appropriate framework for documenting obligations in contractual documents. Contractual documents always end with a confirmation clause and a signature block that formalizes the commitment of the Agency and the other parties under the agreement. SHPO/THPO: The SHPO/THPO or its agent is usually the person who signs the agreement on behalf of the SHPO office or THPO office. If the undertaking agreement is entered into on or interferes with historic lands on tribal lands and there is no designated THPO pursuant to Section 101(d)(2) of the NHPA (54 U.S.C§ 302702), a representative designated by the tribe will sign the agreement in addition to the SHPO as a signatory. The provisions form the core of the agreement by detailing each of the avoidance, minimization or mitigation measures that the federal agency has agreed to implement. Under these substantive provisions, contract documents contain several administrative provisions that cover what happens when the business is changed or modified, when disputes arise, when new historic properties are discovered, and how long it takes the federal agency to ensure that regulations are followed. These administrative provisions are contained in the CACP Model Memorandum of Understanding.

While some of the model provisions proposed in this guide can be used as they are, the NDMP encourages individuals developing agreements to assess each situation and agreement individually and to determine the appropriate wording that may be required in certain circumstances. These provisions are not a substitute for creative thinking when advisory parties propose new, innovative or even better mitigation ideas that better reflect negative effects in the public interest. This guide also provides examples of administrative provisions that should either be included in the specifications (e.B in terms of duration, modification and termination) or included in the document (e.B. with regard to dispute resolution, monitoring/reporting provisions, detections, emergencies and professional qualifications, and applicable standards). Identify the agency. Since Article 106 imposes a legal obligation on the federal authorities, it is imperative that the competent federal authority be clearly identified in the title, in the preamble, in the introduction to the provisions and in the clause concluding the agreement, as well as elsewhere in the document, if applicable. If more than one federal agency is involved in a business, the agencies may designate a lead agency to jointly carry out their individual responsibilities under section 106. In its preamble, the agreement should document the designation of the lead agency and specify the nature of the involvement of all federal organizations, not just the lead agency. All agreements under Article 106 should include a dispute resolution provision to resolve disputes concerning the service, liability or performance of the provision.

The language of the text module for a dispute resolution provision is contained in the model Memorandum of Understanding. While it is a matter of referring unresolved disputes to the CPHA, the inclusion of the CHPA in this way does not always require the signing of the CHPA on the MOA or PA. This role is consistent with CHPA`s oversight of the process under section 106 and does not require the Agency to take specific action. Competing Party: In accordance with 36 CFR § 800.6(c)(3), a matched party is an advisory party invited to agree in the contractual document but not authorized to modify or terminate the Agreement. Like the signature of a guest signatory, a signatory party is not required to execute the agreement; a corresponding signature is essentially an approval of the agreement. Thus, the refusal of an requested party to accept the agreement does not prevent the execution of the agreement. Whether any of the other advisory parties are invited to agree in an agreement is at the sole discretion of the federal agency. Extending the offer to sign an agreement as a competing party can be an effective way to recognize the assistance and support that a party has provided for the actions demonstrated in the agreement and to promote its continued support. Data recovery is often a common mitigation measure for historical archaeological properties set out in Article 106 agreements.

Provisions for data retrieval should include specific research questions, the requirement that the work be carried out or supervised by an archaeologist with the appropriate qualifications, and other measures to ensure that the work is accessible and benefits the public. For more information on data recovery plans, see CHPA`s online archaeological guide. The public should be informed of the progress made in the implementation of the Agreement in accordance with the public interest in the implementation of the Agreement. If necessary, they may have the opportunity to provide the federal agency with comments on subsequent reviews set out in a section 106 agreement, particularly those in which assessments of historic properties, impact assessments on historic properties or the development of treatment measures will take place. These provisions are particularly important in a PA that establishes an ongoing process for the implementation of one or more companies. An organization should consider occasionally submitting reports to the advisory parties on the implementation of an agreement (see 36 CFR § 800.6(c)(4)). In some agreements, such as . B program PAs, regular and regular reporting may be more relevant and important. The timing, content, structure and distribution of reports can be negotiated when preparing an agreement. There is no one-size-fits-all approach to reporting; The Agency should consider how the information can be used and how best to present it to ensure that the report is of the greatest possible benefit.

The parties should consider whether the report should serve as a follow-up mechanism for the implementation of an agreement or provide for quality control in a final report after the conclusion of an agreement. The report should openly and honestly identify any implementation challenges that may have arisen and, if necessary, discuss the possibility of amending the agreement to address these challenges. In some cases, a meeting between the advisory parties may replace the preparation of a report or may be used to follow-up, support or discuss a report. A rule of thumb on how to formulate the “during” clauses in the preamble versus the “provisions” in the body of the agreement is that “during the clauses” must state the facts that are present at the time of the performance of the contractual document, and the “provisions” must refer to the measures to which the agency undertakes to ensure that they are performed in the future after the execution of the contractual document. The person signing the agreement on behalf of a guest signatory or a corresponding party should, where appropriate, have the power to authorize all responsibilities or functions assumed under the agreement or the power to represent the general interests of his or her organization. On the signature page of the contractual document, the signatories, invited signatories and corresponding parties must be identified and distinguished. .