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The Section 106 Process is further explained and defined in 36 CFR 800. Meeting four times a year, the Advisory Council on Historic Preservation consists of 23 members from both public and private sectors, with the chairman appointed by the president. [18] The council's role is to advise the President and Congress on historic preservation ...
The ACHP was created by the National Historic Preservation Act (NHPA) of 1966, which sets forth most of the ACHP's duties and authorities. Passage of the NHPA was a watershed event that launched a transformation of the federal government from an agent of indifference—frequently responsible for the needless loss of historic resources—to a facilitator, an agent of thoughtful change, and a ...
Section 106 may refer to: Section 106 of the Town and Country Planning Act 1990 (in the United Kingdom) Section 106 of the National Historic Preservation Act of 1966 ...
Section 106A has the effect that any modification or discharge of a s 106 Agreement must be agreed by deed between the parties and in accordance with s 106B. It creates the right to apply in a prescribed form to modify a s 106 agreement once five years has passed since the agreement, or such shorter period as secondary legislation may prescribe.
In cases where the ACHP determines federal action will have an "adverse effect" on historic properties, mitigation is sought. Typically, a Memorandum of Agreement (MOA) is created by which the involved parties agree to a particular plan. Many states have laws similar to Section 106. [20]
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A section 106 order is a unilateral administrative order issued by EPA to PRP(s) to perform remedial actions at a Superfund site when the EPA determines there may be an imminent and substantial endangerment to the public health or welfare or the environment because of an actual or threatened release of a hazardous substance from a facility ...