The __DOT has agreed to carry out the necessary verification and evaluation of the explanatory memorandum and documentation (access report) supporting the proposed change in access and, on the basis of that assessment, to determine whether the proposal complies with the requirements set out in this Agreement for approval. and welcome to the Historical Conservation Advisory Council (CCPA) guidelines for section 106 contract documents. Section 106 contract documents play a key role in documenting a federal authority`s obligation to assume and complete its responsibilities under Section 106 of the National Historic Preservation Act (54 U.S.C. § 306108). Some contractual documents indicate the specific location of the historic real estate concerned, but in certain situations, such information about the location, character or ownership of a historic property may infringe the property, result in a violation of privacy or hinder its use by traditional religious practitioners. In such situations, a public authority should consider not disclosing the sensitive information referred to in Section 304 of the NHPA (54 U.S.C§ 307103) and 36 CFR § 800.11 (c). Publication of the exact location of an archaeological site or traditional heritage (TCP) should generally be avoided in order to guard against vandalism or inappropriate access. Changes to System I access also require compliance with traffic planning, air quality compliance, congestion management and the National Environmental Policy Act (NEPA), which are treated as processes outside of this Agreement. Pursuant to paragraphs 800.6(c)(7) and (8) of the CFR, all agreements must include provisions for amendment and termination.

These two provisions are instruments for managing changes that occur during the implementation of the contract and for terminating the agreement when a signatory finds that, for any reason, its conditions cannot be met and that the signatories cannot accept a modification. The federal authority is responsible for the preparation of the MOA or PA. Since an MOA or PA defines how a federal authority will deal with the negative effects caused by its business to historic real estate, it is important that its professional employees or CRM (Cultural Resource Management) subcontractors assume responsibility for the development of contract documents while involving consultants throughout the consultation. SHPOs and THPOs often help the Agency to ensure that the correct language is used and that all necessary provisions are included in the agreement. CCPA staff are also available to advise on the development of contract documents, whether or not they are formally involved in the consultation. Federal authorities often have to comply with multiple federal and state laws for a single business. .