The Advisory Council on Historic Preservation's (ACHP) Guidance on Section 106 Agreement Documents provides an informative overview of the process for developing, implementing, and concluding Memoranda of Agreement (MOAs) and Programmatic Agreements (PAs). Not sure what type of agreement document is appropriate? The ACHP offers guidance on the different types of agreement documents under Section 106 of the National Historic Preservation Act (NHPA) that clarifies what they are and when they should be used. Review this guidance prior to drafting an agreement document.
Once you are ready to draft an agreement document, the ACHP provides Guidance on Drafting Section 106 Agreement Documents as well as templates for two-party and three-party MOAs and Amendments that include basic administrative stipulations. Users are encouraged to use these ACHP templates as models in drafting new Section 106 agreement documents. The ACHP also provides example stipulations for specific situations that users may find helpful. Additionally, there is an accompanying Content Checklist that is designed to ensure that Section 106 agreement documents include the administrative stipulations and other clauses and information that should be found in every Section 106 agreement document.
As a final check, the ACHP also provides Guidance on Reviewing Section 106 Agreement Documents with an accompanying Reviewer's Checklist designed to ensure that the MOA or PA is complete, comprehensive, and can be understood by the cold reader or others who may be called upon to implement the agreement at a later date.
For the Department of Veterans Affairs' (VA) executed agreements, see the VA Section 106 Agreement Document Database.
Contact Héctor Abreu-Cintrón, VA's Federal Preservation Officer, for assistance.
Héctor M. Abreu-Cintrón, AIC PA
Federal Preservation Officer (FPO)
Department of Veterans Affairs