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. ACHP: If ACHP participates in the consultation on the development of the agreement, it also signs the MOA or the PA as a signatory. When the CHPA participates in the consultation, the Director General of the CHPA is usually the person who signs the agreement on behalf of the CHPA. In some situations, the president of the CHPA may sign the CPAA agreement. Federal authorities often have to comply with multiple federal and regional laws for a single company. While a section 106 contract document, pursuant to the NHPA and 36 CFR Part 800, has limited powers and purpose, an agency should strive to coordinate its compliance with cultural resource requirements, and this coordination can be referenced or recognized in an agreement, to the extent relevant to the Section 106 process. For example, if the actions of one federal authority are determined by compliance with another law, such as actions taken after the discovery of human remains on land in accordance with NAGPRA, it would be useful to respect this compliance with the provisions of Section 106. However, Section 106 agreements serve only to document an agency`s compliance with Section 106 of the NHPA and cannot amend or require compliance with other laws by an agency. Therefore, contractual documents pursuant to Section 106 should not provide for compliance with other statutes by an agency. In certain circumstances, the resolution measures contained in a contractual document as defined in Section 106 can be used to demonstrate that damage to historical properties is minimized, in accordance with the objectives of Section 4(f) of the Department of Transportation Act. Examples of adaptations provide an example of language. If the federal authority has found that certain information must be withheld from disclosure as part of a section 106 review, because the publication of information on the location, character or ownership of a historic property could infringe property, infringe privacy or interfere with the use of a traditional religious site by practitioners in accordance with Section 36 CFR 800.11 (c) and Section 304 of the NHPA , the provisions of Section 106 of the agreement then refer to measures to ensure confidentiality. Step 1: Determine if you need a new agreement and, if so, what type of agreement is appropriate.
The plan, if it has already been developed, can be mentioned in the provision. If the plan is developed after the implementation of the agreement, the agreement should include a consultation procedure for the development and completion of the plan. The provisions should include the obligation to implement the plan as agreed or to resume consultation on its terms. Joint Declaration of Intent (PROTOCOL OF ACCORD, MOU): A Memorandum of Understanding (MOU) is a document describing a bilateral agreement between the parties.