(1) – Where a Section 106 agreement includes businesses that occur or involve tribal areas, section 106 provides the same rights to carry out such an agreement to a tribe that has not performed shpo functions in accordance with Section 101 (d) (2) of the National Historic Preservation Act, such as the one given to a “POTH” that performed those functions. See 36 CFR nr. 800.2 (c) (2) (i) (B) and 800.14 (b) (4). Thus, the reference made in the regulations and this guide to the implementation of agreements by a “THPO”, pursuant to a prototype agreement, implies the same right to execute for non-101 (d) (2) strains where the agreement includes companies that conclude or relate to their tribal country. One of the advantages of a prototype agreement is to expedite the review of most routine activities with limited potential to influence historical characteristics; Provide predictability in the treatment of historical properties by using a tuning model that can be easily executed to demonstrate compliance with Section 106; allow the federal authority and SHPO/THPO to implement such agreements without the involvement of the CHPA. The Federal Emergency Management Agency, in coordination with ACHP, has developed a prototype programmatic agreement (AAE) to create a framework for FEMA in developing agreements to improve and accelerate Compliance with Section 106 for disaster recovery activities. The President of the ACHP appointed the AAE on 17 December 2013 in accordance with 36 CFR Part 800.14 (b) (4). Following a standard agreement request, the federal authority should consult individual ncSHPO and THPOs who may have an interest in the impact of subject or program obligations on historic real estate. If necessary, the Agency should also consult with NATHPO for advice on the consultation process. Initial consultations with NCSHPO, NATHPO and ACHP should assist the Agency in identifying THPOs and THPOs, Indian tribes and THOs, whose opinions and contributions should be collected as part of the development of the prototype agreement and the definition of the content and scope of the document.
ACHP can help the federal authority coordinate consultations with THPOs, THPOs, Indians and NHOs through methods such as teleconferences and e-mail messages. Once a prototype agreement has been designated for use by CPA, the federal authority can develop and implement subsequent agreements with appropriate SHP/THPOs, Indian tribes and NHOs and other stakeholders, and the agreement becomes final without the need to participate in ACHP consultations or signatures.