The four steps in the Section 106 process, with key activities for each step. See full description here. This first step in the Section 106 process, as noted in the regulations, consists of the following decisions and actions: Determining if a project has the potential to cause effects to historic properties.
These agreements are a way of delivering or addressing matters that are necessary to make a development acceptable in planning terms. They can be used to support the provision of services and infrastructure, such as highways, recreational facilities, education, health and affordable housing.
Under the Federal regulations governing compliance with Section 106 of the National Historic Preservation Act (36 CFR 800), Federal agencies and others negotiate, draft, finalize, execute, and implement "Memoranda of Agreement" (MOA) stipulating how the adverse effects of Federal actions on historic properties will be ...
Parts of a Section 106 Agreement This includes the division of the document into a title, preamble, stipulations, and signatures. Each one of these parts has a specific function to perform and should be clear, complete, and distinct. The title identifies the undertaking and the signatories to the agreement.
A whereas clause is a statement that is used in legal documents, such as contracts or agreements, to provide background information or context for the document. It typically begins with the word "whereas" and is followed by a description of the situation or circumstances that led to the creation of the document.
The goal of the Section 106 process is to identify and avoid, minimize, or mitigate adverse effects on historic properties. The process has four basic steps: establish the undertaking, identify and evaluate historic properties, assess effects to historic properties, and resolve any adverse effects.
A “submission agreement” (also called an “agreement to arbitrate”) is a written agreement between two parties that establishes the use of arbitration to settle a dispute (or any and all disputes) that may arise between them.
The seat and venue of arbitration should be specifically mentioned. Language of Arbitration: The clause should specify the language in which the arbitration will be conducted if parties speak different languages. This is crucial for ensuring that all parties can effectively participate in the process.
“While arbitration clause is included within a written agreement between the parties, an arbitration agreement is an agreement made after a dispute has arisen between the parties.
(1) An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable except upon a ground that exists at law or in equity for the revocation of contract.