Programmatic Agreement Section 106: Key Compliance Guidelines
Power Programmatic Section 106
Programmatic Section 106 powerful that streamline compliance historic projects. Allows federal delegate responsibilities historic compliance state tribal historic offices, saving time resources still ensuring necessary protections place.
Why Programmatic Agreement Section 106 Matters
Historic important maintaining cultural heritage ensuring future appreciate learn past. Compliance time-consuming complex, especially large complex Programmatic Section 106 provides way simplify process more efficient without sacrificing necessary protections historic resources.
Case Studies: The Impact of Programmatic Agreement Section 106
Let`s take a look at some real-world examples of how Programmatic Agreement Section 106 has made a difference:
| Project | Agency | Impact |
|---|---|---|
| Expansion | State Department of Transportation | compliance 18 months 6 months |
| Building Renovation | General Services Administration | for review approval plans |
Unlocking the Potential of Programmatic Agreement Section 106
By embracing Programmatic Agreement Section 106, federal agencies can make the compliance process more efficient and effective, allowing them to focus on their core missions while still meeting their obligations to preserve our nation`s historic resources.
Programmatic Section 106 valuable offers benefits federal historic preservation community whole. By utilizing this tool, we can ensure that our nation`s historic resources are protected while also allowing for responsible and sustainable development.
Top 10 Legal Questions About Programmatic Agreement Section 106
| Question | Answer |
|---|---|
| 1. What is Programmatic Agreement Section 106? | Programmatic Agreement Section 106 is a provision under the National Historic Preservation Act that allows federal agencies to streamline the review process for historic properties. It provides a framework for agencies to coordinate with State Historic Preservation Officers and Tribal Historic Preservation Officers to identify and address potential adverse effects on historic properties. |
| 2. How does Programmatic Agreement Section 106 impact federal agencies? | Programmatic Agreement Section 106 requires federal agencies to consider the effects of their actions on historic properties and to consult with relevant parties before proceeding with a project. Can add additional review approval federal projects, ensures historic properties safeguarded. |
| 3. What key of Programmatic Agreement? | A Programmatic Agreement typically outlines the roles and responsibilities of the consulting parties, the procedures for identifying and evaluating historic properties, and the measures for resolving adverse effects. It is a collaborative document that aims to balance the needs of the federal agency with the preservation of historic resources. |
| 4. How does Programmatic Agreement Section 106 benefit historic preservation? | Programmatic Agreement Section 106 promotes efficient and effective preservation by establishing a systematic approach to considering the effects of federal actions on historic properties. By facilitating early and ongoing consultation, it seeks to minimize adverse impacts and find creative solutions to preserve cultural heritage. |
| 5. What are the potential challenges of implementing a Programmatic Agreement? | While Programmatic Agreement Section 106 aims to streamline the review process, it can also present challenges in coordinating the efforts of multiple stakeholders and navigating complex regulatory requirements. Balancing the need for timely project completion with the preservation of historic properties requires careful consideration and communication. |
| 6. How can federal agencies ensure compliance with Programmatic Agreement Section 106? | Federal agencies can ensure compliance with Programmatic Agreement Section 106 by engaging in early and meaningful consultation with State Historic Preservation Officers, Tribal Historic Preservation Officers, and other consulting parties. By proactively addressing potential adverse effects and documenting the decision-making process, agencies can demonstrate their commitment to preservation. |
| 7. What role do State Historic Preservation Officers play in the Programmatic Agreement process? | State Historic Preservation Officers play a crucial role in the Programmatic Agreement process by identifying and evaluating historic properties within their jurisdiction, reviewing federal agency actions, and providing recommendations for mitigating adverse effects. Their expertise and input are essential for preserving the cultural heritage of their respective states. |
| 8. How does Programmatic Agreement Section 106 impact tribal consultation? | Programmatic Agreement Section 106 emphasizes the importance of tribal consultation by requiring federal agencies to engage in government-to-government consultation with Tribal Historic Preservation Officers. This ensures that the unique perspectives and concerns of tribal communities are considered in decisions that may affect their ancestral lands and cultural resources. |
| 9. What are the potential consequences of failing to comply with Programmatic Agreement Section 106? | Failing to comply with Programmatic Agreement Section 106 can result in legal challenges, delays in project approval, and damage to the reputation of the federal agency. It can also lead to the irreparable loss of significant historic properties and the erosion of trust between the federal government and preservation stakeholders. |
| 10. How stakeholders advocate effective Programmatic Section 106? | Stakeholders can advocate for the effective implementation of Programmatic Agreement Section 106 by participating in the consultation process, providing expertise on historic preservation issues, and promoting collaborative solutions that balance the needs of development with the protection of cultural heritage. By actively engaging with federal agencies, they can contribute to the sustainable stewardship of historic properties for future generations. |
Programmatic Agreement Section 106 Contract
Welcome Programmatic Agreement Section 106 Contract. This agreement sets out the terms and conditions for compliance with Section 106 of the National Historic Preservation Act. Please review the contract carefully and reach out to us with any questions.
| Party A | Party B |
|---|---|
| WHEREAS, Party A is the [insert description] and Party B is the [insert description]; | |
| WHEREAS, Party A is responsible for [insert responsibilities] and Party B is responsible for [insert responsibilities]; | |
| NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants contained herein, the parties agree as follows: | |
| 1. Definitions | |
| 1.1 “Section 106” refers Section 106 National Historic Preservation Act; | |
| 1.2 “Programmatic Agreement” refers agreement Party A Party B compliance Section 106; | |
| 2. Obligations | |
| 2.1 Party A shall [insert obligations]; | 2.2 Party B shall [insert obligations]; |
| 3. Compliance | |
| 3.1 Party A and Party B shall comply with all relevant laws and regulations relating to historic preservation; | |
| 4. Termination | |
| 4.1 This agreement may be terminated by either party upon written notice to the other party; | |
| 5. Governing Law | |
| 5.1 This agreement shall be governed by and construed in accordance with the laws of [insert jurisdiction]; | |
| IN WITNESS WHEREOF, the parties have executed this agreement as of the Effective Date. |