Section 106 Delegation Programmatic Agreement

If a business is historical or historical sorz region (all prehistoric or historical areas, sites, The regulations of Section 106 to 36 CFR 800.6(b) (1) (i-iv) invite the federal authority to consult the representative of the state and/or tribe for conservation issues of the monuments. THPO) and other parties negotiating and executing a section 106 contractual document, which specifies the steps the federal authority will take to remedy these adverse effects by avoiding, minimizing or minimizing the effects. This manual is intended to help the reader in this task. 3. If the SHPO/THPO communicates in writing, within 30 days of receiving the submission file, that it does not agree with the applicant`s finding that it has not been affected by historical characteristics, it should provide a brief and concise explanation of the exact application of the eligibility criteria and/or the negative effect criteria. The applicant and the SHPO/THPO should continue discussions and make appropriate and good faith efforts to resolve their differences. B. If the applicant and the SHPO/THPO agree on the possibility of including the resource discovered in the national registry, the applicant consults with the SHPO/THPO and, if applicable, the Indian strains or THOs to assess measures that avoid, minimize or mitigate the adverse effects. After approval of these measures, the applicant implements these measures and informs the Commission of its measures. If the Section 106 process is completed with an completed MOA or PA (either a project or an AP program), such an agreement is applicable to the Agency in accordance with Section 110 (l) of the NHPA (54 U.S.C). These agreements “govern the company and all its parts.” That is why they must be written carefully, so that everyone understands what they are asking for and that the Agency is able to fully fulfill all the legal obligations it has accepted. If PennDOT cancels the project or withdraws its application for federal assistance at any time during the project, PennDOT will notify FHWA. The FHWA informs the other signatories of this LOA and the ACHP that the agreement is terminated.

FHWA will assess, in consultation with these parties, the effects of project-related activities prior to the cancellation or withdrawal of the request for assistance, and FHWA will assess its responsibilities and obligations under 36 CFR 800 and identify measures to be taken to terminate the AOA. Any signatory to this modified father may terminate this by a written notification of thirty (30) days to the other parties, provided that the parties consult during the period prior to termination in order to reach agreement on amendments or other measures that would prevent termination. In the event of termination, the FHWA conducts an individual project review in accordance with 36 CFR Part 800. The Working Group agrees that a nationally programmatic agreement is a desirable and effective way to further streamline and adapt the section 106 audit procedure for institutions. and requests for copies of programmatic agreements should be directed to CHPA staff. Section 214 of the NHPA (16 U.S.C. 470v) authorizes the Commission to adopt regulations for the implementation of section 106 exclusions of the review, and Section 800.14 (b) of the Commission`s regulations (36 CFR 800.14 (b)) amends programmatic agreements to streamline and adapt Section 106 of the review process to certain federal programs when they are consistent with Commission regulations; and G. The communication between the applicant and the Indian tribes or the NHOs is as follows: (1) Examine whether historical characteristics of religious and cultural significance to the Indian strain or the NHO may be affected by the enterprise or consultation and (2) if possible, with the agreement of the Indian tribe or the NHO, an agreement on the existence or absence of effects that may avoid the need for consultation.

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