Sample Memorandum Of Agreement Template printable pdf download

MEMORANDUM OF AGREEMENT

BETWEEN [insert Agency]

AND THE

[insert name of State or Tribe] ["STATE" or "TRIBAL"] HISTORIC PRESERVATION

OFFICER

REGARDING THE [insert project name and location]

WHEREAS the [Agency] ([insert Agency abbreviation]) plans to ["carry out" or

"fund" or "approve"/"license"/"permit" or other appropriate verb] the [insert project

name] (undertaking) pursuant to the [insert name of the substantive statute authorizing the

Federal agency involvement in the undertaking], [insert legal cite for that statute]; and

WHEREAS the undertaking consists of [insert a brief explanation of the

undertaking]; and

WHEREAS, [Agency abbreviation] has defined the undertaking's area of potential

effect (APE) as [insert written description and/or "described in Attachment XXX"]; and

WHEREAS [Agency abbreviation] has determined that the undertaking may have an

adverse effect on [insert name of historic property(ies)], which ["is" or "are"] ["listed in" or

"eligible for listing in"] the National Register of Historic Places, and has consulted with the

[insert name of State or Tribe] ["State" or "Tribal"] Historic Preservation Officer (["SHPO"

or "THPO"]) pursuant to 36 C.F.R. part 800, of the regulations implementing Section 106 of

the National Historic Preservation Act (16 U.S.C. § 470f); and

WHEREAS [Agency abbreviation] has consulted with the [insert name of Tribe(s)],

for which [insert name of historic property(ies)] ["has" or "have"] religious and cultural

significance, and has invited the Tribe[s] to sign this Memorandum of Agreement (MOA) as a an

invited signatory [Insert this whereas clause if appropriate]; and

WHEREAS, [Agency abbreviation] has consulted with [insert names of other

consulting parties, if any] regarding the effects of the undertaking on historic properties and has

invited them to to sign this MOA as a ["invited signatory(ies)" or "concurring party(ies)"];

and

WHEREAS, in accordance with 36 C.F.R. § 800.6(a)(1), [Agency abbreviation] has

notified the Advisory Council on Historic Preservation (ACHP) of its adverse effect

determination with specified documentation and the ACHP has chosen not to participate in the

consultation pursuant to 36 CFR § 800.6(a)(1)(iii); and

Sample Memorandum Of Agreement Template