Iowa Administrative Code › Agency 223 - Historical Division › Chapter 35 - Administration › Rule 223-35.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The definitions listed in Iowa Code section
				17A.2 and rule
				223-1.2 (303), Iowa
				Administrative Code, shall apply for terms as they are used throughout Title V
				of these rules. In addition, the following definitions apply:
"Act"
means the National Historic Preservation
				Act of 1966, Public Law 89-665, as amended through December 22, 2006 (16 U.S.C.
				sect 470 et seq.).
"Advisory Council"
means the Advisory Council
				on Historic Preservation established under the Act.
"Applicant"
means any individual or entity
				seeking funding, permitting, licensing or approval from a federal agency or
				funding or service for a historic preservation activity from the
				society.
"Certified local government"
means a unit of
				local government which is certified by the National Park Service to carry out
				the purposes of the National Historic Preservation Act in accordance with
				Sections 101(c), 103(c) and 301 of the Act and 36 CFR Part 61.
"Considered eligible"
means properties
				formally determined as eligible in accordance with regulations of the Secretary
				of the Interior and all other properties that meet the National Register
				criteria.
"Deputy state historic preservation officer "
means the designee of the state historic preservation officer who is
				responsible for the daily administration of the historic preservation program
				in the state.
"Determination of eligibility"
means the
				process described in 36 CFR § 800.4(c) for evaluating the historic
				significance of identified properties.
"Historic context"
means a historical theme
				summary created for planning purposes that links historical information with
				related historic properties based on the minimal components of a shared theme,
				specific time period, and geographical area.
"Historic preservation "
includes
				identification, evaluation, recordation, documentation, curation, acquisition,
				protection, management, rehabilitation, restoration, stabilization,
				maintenance, research, interpretation, conservation, and education and training
				regarding the foregoing activities, or any combination of the foregoing
				activities.
"Historic Preservation Fund"
means the federal
				source from which moneys are appropriated to fund the program of matching
				grants-in-aid to the states and other authorized grant recipients for historic
				preservation programs, as authorized by Section 108 of the National Historic
				Preservation Act as amended through December 22, 2006.
"Historic property"
means any prehistoric or
				historic district, site, building, structure, or object included in, or
				eligible for inclusion on, the National Register of Historic Places. "Historic
				property" includes artifacts, records, and material remains that are related to
				such properties or resources.
"Investment tax credit"
means a federal income
				tax credit for the substantial rehabilitation of historic buildings for
				commercial, industrial, and rental residential and nonresidential
				purposes.
"National Register of Historic Places "
means
				the national list of historic properties significant in American history,
				architecture, archaeology, engineering, or culture, maintained by the Secretary
				of the Interior
"National Trust for Historic Preservation"
means the private, nonprofit organization chartered by legislation approved by
				Congress on October 26, 1949, with the responsibility for encouraging public
				participation in the preservation of districts, structures, sites, buildings,
				and objects significant in American history and culture.
"Review and compliance "
means the review of
				undertakings pursuant to Section 106 of the Act and its implementing
				regulations at 36 CFR Part 800.
"Secretary's Standards and Guidelines"
means
				the Secretary of the Interior's Standards and Guidelines for Archaeology and
				Historic Preservation ( 36 CFR Part 61), which provide technical information
				about archaeological and historic preservation activities and methods. The
				subjects covered include preservation planning; identification, evaluation,
				registration, historic research and documentation; architectural and
				engineering documentation; archaeological investigation; historic preservation
				projects; and preservation terminology.
"Section 106"
means the section of the Act
				that requires federal agencies to take into account the effects of the
				undertakings that the agencies carry out, fund, license, permit or approve on
				historic properties and afford the Advisory council a reasonable opportunity to
				comment. The regulations of 36 CFR Part 800 define the process used by an
				agency to meet these responsibilities and the role of the state historic
				preservation officer in review and comment on these undertakings.
"State historic preservation officer"
or
"SHPO"
means the governor's appointee who is responsible for
				the management of the historic preservation program of the state and compliance
				of the state historic preservation program with federal statutes and
				regulations including those of the National Park Service.
"State historic preservation review hoard"
means the Iowa state national register of historic places nominations review
				committee established as provided in Section 101(b)(1)(B) of the Act:
1. The members of which are appointed by the
			 SHPO (unless otherwise provided for by state law);
2. A majority of the members of which are
			 professionals qualified in the following and related disciplines: history,
			 prehistoric and historic archaeology, architectural history, architecture,
			 folklore, cultural anthropology, curation, conservation, and landscape
			 architecture; and
3. Which has the
			 authority to:
* Review National Register nominations and appeals from
				nominations;
* Review appropriate documentation submitted in conjunction
				with the Historic Preservation Fund;
* Provide general advice and guidance to the state historic
				preservation officer; and
* Perform such other duties as may be appropriate.
"Technical assistance "
means services
				provided for the development of skills or the provision of knowledge relative
				to the background, significance, operation, or implications of some aspect of
				the historic preservation program.