Sample Memorandum Of Agreement Template

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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
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