FHWA Indiana Division
Section 106
Memorandum of Agreement Template

Updated January 3, 2006

MEMORANDUM OF AGREEMENT

BETWEEN THE FEDERAL HIGHWAY ADMINISTRATION AND

THE INDIANA STATE HISTORIC PRESERVATION OFFICER

SUBMITTED TO THE ADVISORY COUNCIL ON HISTORIC PRESERVATION

PURSUANT TO 36 C.F.R. 800.6(b)(iv)

REGARDING THE **(UNDERTAKING)**

IN **(CITY), **(NAME)** TOWNSHIP, **(NAME)** COUNTY, INDIANA

WHEREAS the Federal Highway Administration ("FHWA") proposes to **(action)** for **(undertaking)** in **(City)**, **(name)** Township, **(name)** County, Indiana; and

WHEREAS the FHWA, in consultation with the Indiana State Historic Preservation Officer ("SHPO"), has defined this **(undertaking)**'s area of potential effects, as the term defined in 36 C.F.R. 800.16(d), to be the area within **(boundaries)**; and

WHEREAS the FHWA, in consultation with the Indiana SHPO, has found that **(name of historic property or properties)** is/are within the area of potential effects; and

WHEREAS the FHWA, in consultation with the Indiana SHPO, has determined, pursuant to 36 C.F.R. 800.4(c), that **(name of historic property or properties)** is/are eligible for inclusion in the National Register of Historic Places;

Or, WHEREAS the FHWA and the Indiana SHPO both recognize that **(name of historic property or properties)** is/are listed on the National Register of Historic Places; and

WHEREAS the FHWA, in consultation with the Indiana SHPO, has determined pursuant to 36 C.F.R. 800.5(a) that the **(undertaking)** will/may have an adverse effect on **(name of historic property or properties)**; and

WHEREAS the FHWA has consulted with the Indiana SHPO in accordance with Section 106 of the National Historic Preservation Act (16 U.S.C. 470f) and its implementing regulations (36 C.F.R. Part 800) to resolve the adverse effect on **(name of historic property or properties)**; and

WHEREAS the public was given an opportunity to comment on the undertaking's adverse effect in a notice published on **((give date(s) of publication))** in the **((give name of publication))**; and

WHEREAS the FHWA has notified the Advisory Council on Historic Preservation of the adverse effect and invited the Council's participation in the project, pursuant to 36 CFR 800.6(a)(1), in a letter dated **(date of letter)**; and

WHEREAS the Advisory Council on Historic Preservation declined to participate in consultation; and

Optional: WHEREAS the FHWA, in consultation with the Indiana SHPO, has invited **(name or names)** to participate in the consultation and to become a signatory/signatories to this memorandum of agreement; and

Optional: WHEREAS the FHWA, in consultation with the Indiana SHPO, has invited **(name or names)** to participate in the consultation and to concur in this memorandum of agreement: and

Optional: WHEREAS the FHWA has consulted with the Indiana SHPO in accordance with Section 106 of the National Historic Preservation Act (16 U.S.C. 470f) and its implementing regulations (36 C.F.R. Part 800) concerning the scope of work as presented in the materials and plans dated **(date)**, and agreed to proceed with the project as proposed (optional: with the recommendations provided by the Indiana SHPO by letter dated **(date)**); and

NOW, THEREFORE, the FHWA and the Indiana SHPO agree that, upon the submission of a copy of this executed memorandum of agreement, as well as the documentation specified in 36 C.F.R. Section 800.11(e) and (f) to the Advisory Council on Historic Preservation ("Council" pursuant to 36 C.F.R. 800.6[b][1][iv]) and upon the FHWA's approval of the **(undertaking)**, the FHWA shall ensure that the following stipulations are implemented in order to take into account the effect of the **(undertaking)** on historic properties.

Stipulations

Mitigation stipulation or stipulations here...
OBJECTION RESOLUTION PROVISION
Disagreement and misunderstanding about how this memorandum of agreement is or is not being implemented shall be resolved in the following manner:
1. If the Indiana SHPO or any invited signatory to this memorandum of agreement should object in writing to the FHWA regarding any action carried out or proposed with respect to the **(undertaking)** or implementation of this memorandum of agreement, then the FHWA shall consult with the objecting party to resolve this objection. If after such consultation the FHWA determines that the objection cannot be resolved through consultation, then the FHWA shall forward all documentation relevant to the objection to the Council, including the FHWA's proposed response to the objection. Within 45 days after receipt of all pertinent documentation, the Council shall exercise one of the following options:
  1. Provide the FHWA with a staff-level recommendation, which the FHWA shall take into account in reaching a final decision regarding its response to the objection; or
  2. Notify the FHWA that the objection will be referred for formal comment pursuant to 36 C.F.R. 800.7(c), and proceed to refer the objection and comment. The FHWA shall take into account the Council's comments in reaching a final decision regarding its response to the objection.
2. If comments or recommendations from the Council are provided in accordance with this stipulation, then the FHWA shall take into account any Council comment or recommendations provided in accordance wih this stipulation with reference only to the subject of the objection. The FHWA's responsibility to carry out all actions under the memorandum of agreement that are not the subjects of the objection shall remain unchanged.
POST REVIEW DISCOVERY
In the event that one or more historic properties--other than **(name or names of historic property or properties)**-- are discovered or that unanticipated effects on historic properties are found during the implementation of this memorandum of agreement, the FHWA shall follow the procedure specified in 36 C.F.R. 800.13
AMENDMENT
Any signatory to this memorandum of agreement may request that it be amended, whereupon the parties shall consult to consider the proposed amendment. 36 C.F.R. 800.6(c)(7) shall govern the execution of any such amendment.
TERMINATION
1. A. If the terms of this memorandum of agreement have not been implemented by **(Month)** **(Number of Day)**, 20**, then this memorandum of agreement shall be considered null and void. In such an event, the FHWA shall so notify the parties to this memorandum of agreement and, if it chooses to continue with the **(undertaking)**, then it shall reinitiate review of the **(undertaking)** in accordance with 36 C.F.R. 800.3 through 800.7.
2. B. Any signatory to the memorandum of agreement may terminate it by providing thirty (30) days notice to the other parties, provided that the parties shall consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination. In the event of termination, the FHWA shall comply with 36 C.F.R. 800.3 through 800.7 with regard to the review of the **(undertaking)**.
3. C. In the event that the FHWA does not carry out the terms of this memorandum of agreement, the FHWA shall comply with 36 C.F.R. 800.3 through 800.7 with regard to the review of the **(undertaking)**.

The execution of this memorandum of agreement by the FWHA, **(name or name of any invited signatory)**, and the Indiana SHPO, the submission of it to the Council with the appropriate documentation specified in 36 C.F.R. 800.11(e) and (f), and the implementation of its terms evidence that the FHWA has afforded the Council an opportunity to comment on the **(undertaking)** and its effect on historic properties and that the FHWA has taken into account the effects of the **(undertaking)** on historic properties.

SIGNATORIES (required):

FEDERAL HIGHWAY ADMINISTRATION

Signed by: ________________________________ Date: ____________________________