Memorandum of agreement

A memorandum of agreement (MOA) is the document that records the terms and conditions agreed upon to resolve the adverse effects of an undertaking upon historic properties. An MOA is prepared under Section 106 of the National Historic Preservation Act to describe the responsibilities of each party to the agreement.

Parts of an MOA
A typical memorandum of agreement is divided into three parts:
 * 1) “Whereas” clauses that describe:
 * 2) the funding source
 * 3) the activities undertaken by the project
 * 4) whether the Advisory Council on Historic Preservation will participate
 * 5) all participants in the agreement
 * 6) Stipulations that describe requirements for and steps to be taken to:
 * 7) document and record the site
 * 8) protect archaeological sites
 * 9) deal with any discoveries made in the course of the work
 * 10) resolve any disputes between parties to the MOA
 * 11) amend the agreement
 * 12) terminate the agreement
 * 13) report on the implementation of the agreement
 * 14) Signature pages

Parties included
Two types of parties, "signatory" and "concurring", are included in an Memorandum of Agreement. A signatory party may execute, amend or terminate the agreement. Typically a signatory party will have responsibilities assigned by the stipulations of the MOA. The only required signatories are the lead federal agency and the State Historic Preservation Officer[ except where the ACHP has decided to participate. However, other interested parties may be invited to participate as a signatory party. A concurring party is a group or individual with an interest in the project who has been consulted about the effects of the project but has no responsibilities under the MOA.

A signatory party that cannot fulfill their obligations may propose to the lead Federal agency that the MOA be amended. The lead agency will consult with all signatories to the MOA to consider such an amendment. Endorsement of all the signatories is required for any amendment to become effective. The refusal of any invited signatory or concurring party does not invalidate the MOA.

List of parties

 * Lead Federal agency - e.g. Army Corps of Engineers, Federal Highway Administration, etc.
 * Advisory Council on Historic Preservation (ACHP) – Federal agency responsible for providing overall guidance and advice on the Section 106 process.
 * State Historic Preservation Office (SHPO) – reflects the interest of the state in protecting their cultural heritage.
 * State agency – as the applicant for Federal assistance and a representative of the local government.
 * Applicant and/or Certified Local Government – the organization with a demonstrated concern for the project’s effects on historic properties by way of their legal, economic and community relation to the project.
 * Tribal Historic Preservation Office (THPO) – a designated representative of a tribal organization for all projects involving tribal lands or Native American resources (invited for specific projects).
 * Invited Parties – Other concerned entities.

Procedure

 * 1) Applicant report sent.
 * 2) Initial Briefing Meeting – MOA process explained, examples given, options discussed.
 * 3) Public Notification – Responsibility of the lead agency.
 * 4) Advisory Council on Historic Preservation notified of adverse effect determination – Responsibility of the lead agency.
 * 5) Public Meeting - This is only necessary when a large number of properties are affected or if the applicant requests it.
 * 6) Invited Parties Meeting – Discuss and finalize the options for mitigating the adverse effects.
 * 7) MOA drafted – Responsibility of the lead agency.
 * 8) MOA Signed