The basic rule, such as the words “in the preamble” are the preamble clauses in relation to the “provisions” contained in the treaty text, is that “reviewing clauses” should include facts that exist at the time of the implementation of the agreement document and indicate the “provisions” that require the Agency to ensure that they are implemented in the future after the implementation of the document. Bonds. The preambles should therefore be closed with a declaration “now” in which all signatories approve the measures contained in the document and are concluded with the indication of the purpose of the agreement in order to take into account the impact of the enterprise on historic real estate, in accordance with the legal language of Section 106 nHPA. The Boilerplate language for this clause is provided in the CPA MODEL-MOA. 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. Second, ACHP staff in the GAD schedules, which are listed below as individual links, provide examples of provisions for certain situations. Destination examples are subdivided into categories based on the purpose of the written provision. Each category and main subcategory begins with a brief discussion and a series of proposals for questions to be discussed in consultation. These examples should be a starting point; You must adapt them to the unique circumstances and participants in an individual evaluation of Section 106. The first lesson learned from drafting agreements is that the best agreements specifically cover consultation and establish a clear plan for the implementation of treatments. In accordance with 36 CFR 800.6 (c) (5), agreements must have permanent provisions. The duration of the agreement should give sufficient time for the implementation of all provisions and commitment.
If it is not a real date, it should be a fixed date that a cold reader might understand, for example. B, “five years from the date of execution” or “one month after the date the fieldwork is completed.” The duration of an agreement can only be reconsidered by an amendment and, if necessary, extended. It is important to keep in mind that once it expires, an agreement cannot be amended to extend its lifespan – a new agreement must be negotiated. Parties should ensure that the agreed duration is realistic and achievable; if in doubt, the parties should provide for a longer period of time. These provisions are at the heart of the agreement by detailing the various prevention, minimization or mitigation measures agreed by the federal authority. As a result of these substantive provisions, the contractual documents contain several administrative provisions dealing with the subject, what happens when the business changes or changes, when disputes arise, when new historical assets are discovered, and how long it will take the federal authority to ensure that the provisions are implemented. These administrative provisions are contained in the ACHP`s MOA model.