The Federal Emergency Management Agency has developed a Prototype Programmatic Agreement (PPA), in coordination with the ACHP, to create a framework for FEMA in developing agreements to improve and expedite Section 106 compliance for disaster recovery activities.  The ACHP’s Chairman designated the PPA on December 17, 2013 in accordance with 36 CFR Part 800.14(b)(4).

 In developing the PPA, FEMA conducted outreach to stakeholders, including holding listening sessions with the National Association of Tribal Historic Preservation Officers (NATHPO), select tribal representatives, and State Historic Preservation Officers (SHPOs). These outreach efforts were further augmented by the ACHP, which reached out to preservation organizations. FEMA also convened an internal working group of environmental, historic preservation and program staff who had disaster experience assessing disaster activities and could share their knowledge of efficiencies and best management practices.

The PPA is designed to promote consistency across states, ensure flexibility and responsiveness to state and tribal concerns, and allow an appropriate level of consideration of historic properties. The PPA provides for exemptions and expedited reviews for many activities demonstrated to cause either predictable or little or no effects to historic properties. It also allows other federal agencies to utilize the PA to satisfy their Section 106 responsibilities for response and recovery activities when appropriate. The PPA recognizes the important role Indian tribes and Native Hawaiian organizations (NHOs) have in the Section 106 process, and allows them to either utilize the traditional statewide PA, or to develop separate agreements to outline tribal protocols. In either case, FEMA will continue to be responsible for conducting consultation with Indian tribes and NHOs.