Programmatic Agreement Among the Environmental Protection Agency, the Advisory Council on Historic Preservation, and the National Conference of State Historic Preservation Officers Concerning Compliance with the National Historic Preservation Act Under EPA's State Water Pollution Control Revolving Fund Program
Nationwide Programmatic Agreement Among the U.S. Department of Agriculture Rural Development (RD) Programs, the National Conference of State Historic Preservation Officers, and the Advisory Council on Historic Preservation for Sequencing Section 106
The following agreements have been recently executed by the ACHP and concern undertakings located in more than one state.
PA for Privatization of Housing at Fort Campbell (KY, TN)
Executed - November 6, 2018, Expires - November 6, 2068
Forest Service National PA for Phasing Section 106 for Large-Scale, Multi-Year Undertakings, Amendment 1
Executed - December 6, 2021, Amended - December 23, 2024, Expires - December 23, 2039
Sample stipulations for the development of Section 106 agreements. The examples in this section will assist federal agencies in engaging the public in carrying out mitigation measures and provide examples for a range of approaches that may further public education and awareness building, the creation of educational materials for specific audiences, and heritage tourism efforts. These kinds of stipulations also present opportunities to involve students and youth in learning about or working with historic properties.
When drafting an agreement, the agency should first review the boilerplate administrative clauses in the Template MOA. Those clauses can usually be used as-is, since they form the backbone of good agreements.
The Department of Veterans Affairs (VA) Section 106 Agreements Database is a collection of VA Memoranda of Agreements (MOAs) and Programmatic Agreements (PAs) from across the country, dating from 1974 to present. This database provides users with a way to find previously executed VA agreements that may serve as reference for current projects requiring a MOA or PA.
Programmatic Agreement Among the Bureau of Land Management, the Advisory Council on Historic Preservation, and the National Conference of State Historic Preservation Officers Regarding the Manner in Which the BLM Will Meet Its Responsibilities Under the National Historic Preservation Act
Amended in January 2022 to extend duration two years. Amended on February 7, 2024, to extend duration to February 9, 2026.
Consultation Assistance
The ACHP officially participates in various GSA consultations and also provides GSA with technical assistance when appropriate. GSA cases in which ACHP is officially participating can be found here. Section 106 agreements GSA filed with the ACHP are available by request; please contact ACHP's Office of Federal Agency Programs to contact ACHP's GSA Liaison (202-517-0200).
Guidance Issuance
Once a Section 106 agreement is executed and filed with the ACHP, the federal agency (and/or applicant) is able to implement the undertaking and it may now approve the expenditure of federal funds on the undertaking or issue a license or permit for the undertaking. Pursuant to Section 110(l) of the NHPA, and 36 CFR § 800.6(c), an executed and implemented MOA or project PA evidences the agency official's compliance with Section 106 and governs the undertaking and all of its parts.
