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What Is Section 106 Agreement

If the Section 106 process is supplemented by a Memorandum of Understanding or an executed AP (either a PA project or program), such an agreement will be legally binding on the Agency under Section 110(l) of the NHPA (54 U.S.C§ 306114). Such agreements „govern the company and all its parts.” As such, they must be drafted with care and clarity so that everyone understands what they are asking for and the Agency is able to fully comply with all the legal obligations it has accepted. A section 106 agreement can be amended or relieved, and the assistance of a planning expert should be sought to help negotiate this process. Planning obligations under section 106 of the Planning Act 1990 (as amended), commonly referred to as the S106 Agreements, are a mechanism that makes a development proposal acceptable compared to planning that would otherwise not be acceptable. They focus on mitigating the impact of development on the site. The S106 agreements, as well as motorway contributions and the Community infrastructure charge, are often referred to as „promoters` contributions”. There is another type of agreement mentioned in the provisions of Article 106 of 36 CFR § 800.2(c)(2)(ii)(E). A consultation protocol is an agreement developed between the federal agency and one or more state-approved Native American tribes or Hawaiian Native Organizations (NHO) that determines how the agency consults that Native American tribe or NHO on one, several or all of its projects or programs. They are strictly negotiated between the agency and the tribe or NHO and may include confidentiality provisions and other specific tribal or NHO concerns. The parties only have to submit a copy to the shpo(s) and ACHP concerned; no other party needs to be involved in its negotiations. Such agreements may also go beyond the requirements of the standard process under Article 106 and other aspects of the agency-tribe relationship with NHO (e.B.

who is the contact person, for what types of businesses the tribe or NHO wishes to participate in the consultation, etc.). However, the Protocol may not modify or condition the role of other participants under Article 106 (e.B. SHPO, ACHP, etc.) without their consent. For more information, see the ACHP manuals for consultation with Native American tribes and Native Hawaiian organizations. Planning Manager/Monitoring Officer S106 is responsible for ensuring that all agreements are finalized prior to the start of proposed work. If a business will or may interfere with historic real property (a prehistoric or historic neighbourhood, site, building, structure or object listed on the National Register of Historic Places or eligible for listing on the National Register of Historic Places), the provisions of section 106 of 36 CFR § 800.6(b)(1)(i-iv) require the federal agency to: Work with the State and/or Tribal Historic Preservation Officer (SHPO, THPO) and other parties to negotiate and execute a Section 106 contract document outlining the steps the federal agency will take to address these adverse effects by avoiding, minimizing, or mitigating them. This guide is intended to help the reader in this task. DCLG has published a guidance document in support of the amendments to the Growth and Infrastructure Act, 2013, which provides more detailed information on what is needed to establish the conditions for amending and assessing applications to change the provision of affordable housing in a section 106 commitment.

It is a guide to the format of the application, appeal and evidence; in particular, what proofs of concept are required and how they should be assessed. Section 106 of the Spatial Planning Act 1990 allows a local planning authority such as ours to enter into a legally binding agreement or planning commitment with a landowner as part of the granting of the building permit. The obligation is called the Agreement under Article 106. The subject we address in these pages is the financing of open spaces, sports and recreational facilities guaranteed by these S.106 agreements. Other infrastructure and facilities guaranteed by the S.106 agreements, such as motorway improvements and affordable housing, are managed by East Devon District Council with other partners such as The County of Devon for road works and the East Devons Housing Department and registered housing providers for affordable housing. Even if the agency has a complex business or several businesses targeted by an AP project, development should only begin after the federal agency has previously identified all advisory parties and ensured that it is aware of the scope and scope of activities that will include the business, the range of historical properties currently known and what may still be present within the EPA, know mastery. and how everyone could be affected. Providing this context so that the parties to the consultation have a broad understanding of the business will allow them to better provide the Agency with sound and relevant advice on how to resolve adverse effects in the public interest. If a federal agency has determined that the company may have a negative impact on historic real property, or has determined that a programmatic approach to section 106 compliance needs to be developed, it demonstrates that it is complying with its section 106 obligations to „consider the impact of its obligation on historic properties” and to give CHPA a „reasonable opportunity” to comment; by signing and implementing an agreement document (MOA or PA). .

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