The preamble mentions the legal jurisdiction of the company; Introduces the signatories; Provides relevant general information about the project, activity or program The consultation process is briefly described in Section 106; Identifies the parties to the board and contains all the additional contextual information that may be necessary for a reader to understand the intent and purpose of the agreement. 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. This guide is a living document that contains updates and new standard agreement documents to solve problems and needs that arise. The CHPA welcomes the proposals to update this manual. E-mail GADhelp@achp.gov with questions or comments. As part of these guidelines, there are two checklists of contractual documents, each containing a number of questions, to ensure that the final document contains the necessary information that needs to be fully implemented. Checklists contain references to other useful provisions that may be appropriate in many contractual documents. The following explanation from the first checklist, „Section 106 Contract List: Content,“ contains additional information on the various themes and their application to Section 106 on the evolution and implementation of contracts. The attached checklists will assist those who develop or review the agreements in accordance with Section 106 to ensure that they follow the usual format and contain the necessary provisions. Identify the agency. Since Section 106 imposes a legal obligation on federal authorities, it is imperative that the competent federal authority be clearly identified in the title, in the preamble, in the introduction of the provisions and in the concluding clause, as well as elsewhere in the appropriate document. If more than one federal authority is involved in a business, agencies may designate a lead agency that will jointly carry out their individual section 106 missions. In its preamble, the agreement should document the designation of the lead agency and determine the nature of the involvement of all federal authorities, not just the lead agency.
Gradual identification. Section 106 regulations include the gradual identification of historic properties where circumstances may impede the completion of identification and evaluation efforts prior to project approval. Federal authorities are encouraged to terminate the needs of the project or program and the complexity that may arise when completing the identification process in developing a tailored approach to identification and evaluation that matches the underlying intent of the regulation. Many linear projects may depend, for example, on acquiring land access rights before an investigation can be conducted, or on several corridors or parcels are being considered before being limited to a limited or single option. In cases where a contractual document contains provisions for step-by-step identification, the Agency cannot list the historical characteristics known in the preamble. 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.