reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XII - Energy Division › Chapter 404 - Iowa Energy Center Grant Program › Rule 261-404.6 - Administration

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Notice
				of approval and agreement execution.
The authority will notify
				successful applicants in writing of an approved request for funding. After
				notifying the recipient of an award, the authority will prepare an agreement
				that reflects the terms of the award. The recipient must execute and return the
				agreement to the authority within 60 days of the transmittal of the final
				agreement from the authority. Failure to do so may be cause for the board to
				terminate the award.
(2)
Disbursement of funds.
Recipients shall submit requests for
				grant funds in the manner prescribed by the authority. Disbursements shall be
				made on a reimbursement basis. No advance disbursements shall be allowed.
				Disbursements may be withheld if applicable performance reports have not been
				received and approved. Individual requests for funds shall be made in an amount
				equal to or greater than $1,000 per request, except for the final draw of
				funds.
(3)
Recordkeeping
				and retention.
Recipients shall retain all financial records,
				supporting documents and all other records pertinent to the grant for five
				years after agreement closeout.
(4)
Performance reports and reviews.
Recipients shall submit
				performance reports to the authority as described in the agreement executed
				pursuant to subrule 404.6(1). The authority may perform project reviews and
				site inspections as necessary to ensure program compliance.
(5)
Agreement amendments.
a. Any substantive change to a funded IEC
				project, including time extensions, budget revisions, and alterations to
				proposed activities, will be considered an agreement amendment. The recipient
				shall request an amendment in writing. No amendment shall be valid until
				approved by the board, except as provided in paragraph
				404.6(7)
"b"
and confirmed in writing by the
				authority.
b. Staff approvals.
(1) Staff may approve one no-cost extension
				provided that the extension complies with subrule 404.3(5). Additional no-cost
				extensions shall be presented to the board for approval.
(2) Budget modifications. Any substantial
				modification of a project budget shall require board approval. Staff may
				approve budget modifications that are not substantial. For purposes of this
				subparagraph, "substantial modification" means a budget modification of either
				$10,000 or 10 percent of the total grant award, whichever is less.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XII - Energy Division › Chapter 404 - Iowa Energy Center Grant Program › Rule 261-404.7 - Administration

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Notice
				of approval.
The authority will notify successful applicants in
				writing of an approved request for funding. Notification will include the terms
				or conditions under which approval is granted.
(2)
Agreement.
After
				notifying the recipient of an award, the authority will issue an agreement. The
				agreement shall be between the recipient and the authority.
(3)
Transmittal.
The
				recipient must execute and return the agreement to the authority within 45 days
				of the transmittal of the final agreement from the authority. Failure to do so
				may be cause for the board to terminate the award.
(4)
Disbursement of funds.
Recipients shall submit requests for grant funds in the manner prescribed by
				the authority. Disbursements shall be made on a reimbursement basis. No advance
				disbursements shall be allowed. Disbursements may be withheld if applicable
				performance reports have not been received and approved. Individual requests
				for funds shall be made in an amount equal to or greater than $500 per request,
				except for the final draw of funds.
(5)
Record keeping and
				retention.
Recipients shall retain all financial records, supporting
				documents and all other records pertinent to the grant for five years after
				agreement closeout.
(6)
Performance reports and reviews.
Recipients shall submit
				performance reports to the authority as described in the policies and
				procedures handbook. The authority may perform annual project reviews and site
				inspections as necessary to ensure program compliance.
(7)
Agreement amendments.
a. Any substantive change to a funded IEC
				project, including time extensions, budget revisions, and alterations to
				proposed activities, will be considered an agreement amendment. The recipient
				shall request an amendment in writing. No amendment shall be valid until
				approved by the board, except as provided in paragraph 404.7(7)
"b
				"
and confirmed in writing by the authority.
b. Staff approvals.
(1) Staff may approve one no-cost extension
				provided that the extension complies with subrule 404.4(5). Additional no-cost
				extensions shall be presented to the board for approval.
(2) Budget modifications. Any substantial
				modification of a project budget shall require board approval. Staff may
				approve budget modifications that are not substantial. For purposes of this
				subparagraph, "substantial modification" means a budget modification of either
				$10,000 or 10 percent of the total grant award, whichever is less.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XII - Energy Division › Chapter 405 - Alternate Energy Revolving Loan Program › Rule 261-405.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Authority"
means the economic development
				  authority created in Iowa Code section
				  15105..
"Board"
means the governing board of the
				  Iowa energy center established pursuant to Iowa Code section
				  15120(2)..
"Iowa energy center"
or
"IEC"
means the Iowa energy center created within the
				  economic development authority pursuant to Iowa Code section
				  15120..
"Project"
means an alternate energy
				  production facility as defined in Iowa Code section
				  47642. or a small
				  hydro facility as defined in Iowa Code section
				  47642..
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XII - Energy Division › Chapter 405 - Alternate Energy Revolving Loan Program › Rule 261-405.2 - Loan Amounts and Terms

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				minimum loan amount is $25,000 per project.
(2) The board shall not lend more than 50
				percent of eligible project costs as defined in rule 261-405.5 (15).
(3) A project shall be eligible for not more
				than $1 million in loans outstanding at any time under this program.
(4) A borrower shall be eligible for not more
				than $1 million in loans outstanding at any time under this program.
(5) The board shall not issue a loan that
				exceeds the value of the collateral provided.
(6) Security for loans. The board will accept
				security for a loan. The following forms of collateral will be accepted:
a. Real property;
b. Dedicated certificate of
				deposit;
c. Irrevocable letter of
				credit;
d. Corporate
				guarantee;
e. Other forms of
				collateral if approved by the board, and only if the forms of collateral listed
				in paragraphs 405.2(6) "a" to
"d"
are inadequate.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XII - Energy Division › Chapter 405 - Alternate Energy Revolving Loan Program › Rule 261-405.3 - Borrowers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Eligible borrowers.
The project shall be wholly owned by the
				borrower. Eligible borrowers include:
a.
				Persons whose primary residence is in Iowa.
b. Businesses registered and domiciled in
				Iowa. For businesses organized as limited liability companies, each member of
				the limited liability company must be domiciled in Iowa and be an eligible
				borrower.
c. Water and wastewater
				utilities subject to Iowa Code chapter 388, rural water districts subject to
				Iowa Code chapters 357A and 504, and sanitary districts subject to Iowa Code
				chapter 358.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XII - Energy Division › Chapter 405 - Alternate Energy Revolving Loan Program › Rule 261-405.4 - Eligible Projects

Current through Register Vol. 47, No. 3, July 24, 2024
A proposed project must meet the following criteria to be
				  eligible for a loan under this program:
(1) The project shall be located in
				Iowa.
(2) The project shall be an
				alternate energy production facility as defined in Iowa Code section
				47642. or a small
				hydro facility as defined in Iowa Code section
				47642..
(3) The project shall be wholly owned by the
				borrower.
(4) The borrower shall be
				the owner, contract purchaser or lessee of the real property where the project
				is located.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XII - Energy Division › Chapter 405 - Alternate Energy Revolving Loan Program › Rule 261-405.5 - Eligible and Ineligible Costs

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Eligible costs.
Examples of eligible costs include:
a. Real and personal property comprising a
				project;
b. Materials and equipment
				required for necessary site preparation, construction and installation of a
				project;
c. Labor for site
				preparation, construction and installation of a project. Only labor that is
				performed by a third party such as an independent contractor will be considered
				an eligible cost.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XII - Energy Division › Chapter 405 - Alternate Energy Revolving Loan Program › Rule 261-405.8 - Applicability After June 30, 2021

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Pursuant to 2021 Iowa Acts, Senate File 619, the authority shall not initiate
				any new loans under the alternate energy revolving loan program after June 30,
				2021.
(2) To the extent allowed by
				other provisions of law, the rules adopted in this chapter shall continue to
				apply to agreements entered into on or before June 30, 2021.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XII - Energy Division › Chapter 406 - Energy Infrastructure Revolving Loan Program › Rule 261-406.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Affiliates"
means any entity which directly
				  or indirectly, through one or more intermediaries, controls, is controlled by,
				  or is under common control with another entity or person. "Control" as used in
				  this definition means the possession, direct or indirect, of the power to
				  direct or cause the direction of the management and policies of an enterprise
				  through ownership, by contract or otherwise. A voting interest of 10 percent or
				  more creates a rebuttable presumption of control.
"Authority"
means the economic development
				  authority created in Iowa Code section
				  15.105.
"Board"
means the governing board of the
				  Iowa energy center established pursuant to Iowa Code section
				  15.120(2).
"Borrower"
means an applicant for the
				  program that is approved for a loan or forgivable loan.
"Energy infrastructure"
means the same as
				  defined in Iowa Code section
				  476.46A(3)
"a"
as enacted by 2021 Iowa Acts, Senate File 619, section
				  33.
"Iowa energy center"
or
"IEC"
means the Iowa energy center created within the
				  economic development authority pursuant to Iowa Code section
				  15.120.
"Loan"
means an award of assistance with the
				  requirement that the award be repaid with term, interest rate, and other
				  conditions specified as part of the conditions of the award.
"Loan committee"
means the committee of the
				  board established to review loan applications pursuant to 261-paragraph
				  403.3(6)
"b."
"Program"
means the energy infrastructure
				  revolving loan program administered pursuant to Iowa Code section
				  476.46A
				  as enacted by 2021 Iowa Acts, Senate File 619, section 33, and this
				  chapter.
"Project"
means an activity or set of
				  activities directly related to energy infrastructure, and proposed in an
				  application by a borrower, that will result in the accomplishment of the goals
				  of the program.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XII - Energy Division › Chapter 406 - Energy Infrastructure Revolving Loan Program › Rule 261-406.2 - Policies and Procedures Handbook

Current through Register Vol. 47, No. 3, July 24, 2024
The authority will prepare a policies and procedures handbook
				  for the program for approval by the board. The board will review the policies
				  and procedures handbook at least once annually and will establish its
				  priorities for program funds. The policies and procedures shall include the
				  amount of program funds to be allocated for each application cycle, scoring
				  criteria to be used if the demand for loans exceeds the amount allocated for
				  any application cycle, and the applicable interest rate or rates for approved
				  loans. The policies and procedures handbook may include additional limitations
				  and expectations for specific eligible project types.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XII - Energy Division › Chapter 406 - Energy Infrastructure Revolving Loan Program › Rule 261-406.3 - Loan Amounts and Terms

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				minimum loan amount is $50,000 per project.
(2) The board shall not lend more than 75
				percent of total project costs for any project type. For purposes of
				determining the amount the board may lend pursuant to this subrule, total
				project costs include eligible costs pursuant to subrule 406.6(1) as well as
				feasibility studies, engineering and final design, permitting and regulatory
				costs, or other costs determined by the board to be necessary to the
				development of energy infrastructure. The board may determine a higher
				percentage of funds that must be matched by the borrower that is applicable to
				specific project types as outlined in the policies and procedures approved
				pursuant to rule 261-406.2(15,476).
(3) The board shall not issue a loan that
				exceeds the value of the collateral provided.
(4) The board will accept security for a
				loan. The following forms of collateral will be accepted:
a. Real property.
b. Dedicated certificate of
				deposit.
c. Irrevocable letter of
				credit.
d. Corporate
				guarantee.
e. Utility revenue or
				reserve funds, if applicable.
f.
				Other forms of collateral if approved by the board, and only if the forms of
				collateral listed in paragraphs 406.3(4)
"a"
to
"e"
are inadequate.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XII - Energy Division › Chapter 406 - Energy Infrastructure Revolving Loan Program › Rule 261-406.4 - Eligible and Ineligible Borrowers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Eligible borrowers.
Eligible borrowers include:
a. Businesses incorporated or organized in
				Iowa or authorized to do business in Iowa, including businesses operated as
				sole proprietorships with a registered trade name;
b. Rural electric cooperatives; and
c. Municipal utilities.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XII - Energy Division › Chapter 406 - Energy Infrastructure Revolving Loan Program › Rule 261-406.5 - Eligible and Ineligible Projects

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				A proposed project must meet the following criteria to be eligible for a loan
				under this program:
a. The project shall be
				located in Iowa or be for the primary use or benefit of Iowans. If any portion
				of the project is located outside of Iowa, the applicant bears the burden of
				demonstrating that the project as a whole will be for the primary use or
				benefit of Iowans.
b. The project
				shall develop energy infrastructure as defined in Iowa Code section
				476.46A(3)
"a"
as enacted by 2021 Iowa Acts, Senate File 619, section
				33.
c. The borrower shall be the
				owner, contract purchaser, lessee, or other interest holder of the real
				property where the project is located.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XII - Energy Division › Chapter 406 - Energy Infrastructure Revolving Loan Program › Rule 261-406.6 - Eligible and Ineligible Costs

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Eligible costs.
Examples of project costs that are eligible
				for financial assistance include, but are not limited to:
a. Real and personal property comprising a
				project.
b. Materials and equipment
				required for necessary site preparation, construction and installation of a
				project.
c. Labor for site
				preparation, construction and installation of a project.
d. Costs associated with maintenance,
				operation or repair of a project during the term of the loan.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XII - Energy Division › Chapter 406 - Energy Infrastructure Revolving Loan Program › Rule 261-406.7 - Application Process

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Application
				forms shall be available at iowagrants.gov.
(2) Applications will be accepted only during
				the established application periods identified by the authority on its Internet
				site at
www.iowaeda.com
.
(3) Authority staff will review applications
				for completeness, eligibility, and whether the proposed project meets the
				financial and technical requirements of the Iowa energy center. The authority
				or board may engage outside reviewers to complete technical, financial, or
				other reviews of applications beyond the expertise of the board and authority
				staff.
(4) Authority staff will
				recommend applications to the loan committee established by the board. The Iowa
				energy center may request additional information from applicants to process
				each loan application. The loan committee will review the applications and
				staff recommendations and then make recommendations to the board. The board
				will approve, defer, or deny applications for loans. Authority staff may
				negotiate the amount, terms, and other conditions of each loan before an award
				is approved.
(5) The board will
				accept loan applications on a rolling basis. The board will make funding
				decisions at least once each quarter.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XIII - Historic Preservation › Chapter 411 - Investment Tax Credit Program › Rule 261-411.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
Property owners desiring federal income tax benefits for
				  rehabilitation of historic buildings may apply for certification to the
				  Secretary of the Interior through the state historic preservation officer of
				  the state in which the property is located.
Applications are reviewed and commented on by the state
				  historic preservation officer, and recommendations are made to the Secretary of
				  the Interior for final approval. Upon completion, the work is certified by the
				  Secretary of the Interior for the taxpayer to receive benefits under rules
				  established by the Department of the Treasury, and the Internal Revenue
				  Service. Historical properties may also be qualified for federal income and
				  estate tax deductions for charitable contributions of partial interests in real
				  property.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XIII - Historic Preservation › Chapter 411 - Investment Tax Credit Program › Rule 261-411.2 - Regulations

Current through Register Vol. 47, No. 3, July 24, 2024
The Investment Tax Credit Program shall operate in accordance
				  with the National Historic Preservation Act of 1966; Tax Reform Act of 1986,
				  Public Law
				  99-514,
				  Sections
				  48(g) and
				  170(h); 36 CFR Part 60, the
				  National Register of Historic Places, November 16, 1981, and October 2, 1983;
				  36 CFR Part 67, Historic Preservation Certifications Pursuant to the Tax Reform
				  Act of 1976 and the Economic Recovery Tax Act of 1981, March 12, 1984; and 26
				  CFR Parts 1 and 602, Investment Tax Credit for Qualified Rehabilitation
				  Expenditures, October 11, 1988; and 26 CFR Parts 20 and 25, Charitable
				  Contribution for Conservation purposes in accordance with the Tax Treatment
				  Extension Act of 1980. Additional interpretive information may also be found in
				  Historic Preservation Tax Incentives, Certification of Rehabilitation Workbook,
				  Department of the Interior, National Park Service; National Register Programs
				  Guidelines, NPS-49; Preservation Briefs Series; National Register Bulletins;
				  and Secretary of the Interior's Standards and Guidelines for Archaeology and
				  Historic Preservation, Notice published by the Department of the Interior,
				  National Park Service, Federal Register, Vol. 48, No. 190, Thursday, September
				  29, 1983.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XIII - Historic Preservation › Chapter 411 - Investment Tax Credit Program › Rule 261-411.3 - Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
A taxpayer, who is a fee simple owner or with the written
				  approval of the owner and who elects to rehabilitate a certified historic
				  structure, may apply for tax benefits as a result of the certified historic
				  rehabilitation.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XIII - Historic Preservation › Chapter 411 - Investment Tax Credit Program › Rule 261-411.4 - Certification of Historic Structures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Buildings listed individually on the
				National Register of Historic Places are by definition certified historic
				structures.
(2) Applications for
				certification of a particular building located within a registered historic
				district shall request a certification of significance using Part 1 of the
				Historic Preservation Certification Application (NPS Form 10-168, Part
				1).
(3) Applications for properties
				which are not individually listed or are within potential historic districts,
				or outside the period or area of significance of registered historic districts
				may request preliminary determinations as certified historic structures when
				and if nominated and listed. These applications shall be made using Part 1 of
				the Historic Preservation Certification Applications (NPS Form No. 10-168, Part
				1).
(4) The taxpayer shall also
				complete a rehabilitation description (NPS Form 10-168A, Part 2). Part 2 shall
				include a written description of the proposed rehabilitation and photographic
				materials adequate to document conditions inside and outside the building and
				the site prior to the rehabilitation. Additional documentation, such as window
				condition surveys or cleaning specifications, may be required for some
				projects.
(5) Certification forms
				shall be provided by the National Park Service or the authority. Certification
				review is normally 30 days maximum at the state and 30 days maximum at the
				federal level. Inquiries may be directed to Iowa Economic Development
				Authority, 1963 Bell Avenue, Suite 200, Des Moines, Iowa 50315,
				515.348.6200.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XIII - Historic Preservation › Chapter 411 - Investment Tax Credit Program › Rule 261-411.5 - Review and Evaluation

Current through Register Vol. 47, No. 3, July 24, 2024
(1) All
				elements of a rehabilitation project such as interior and exterior of the
				building(s) site and environment as determined by the Secretary of the
				Interior, and all phases of demolition, construction, and rehabilitation shall
				meet the Secretary of the Interior's Standards for Rehabilitation. Portions of
				the project not in conformance shall not be exempted.
(2) The staff shall review the application
				and materials, request additional materials or clarification, if needed, and
				provide a recommendation to the state historic preservation officer within 30
				days of receipt of all materials from the applicant. The state historic
				preservation officer shall submit the state's recommendation to the National
				Park Service in a timely fashion.
(3) Review by the National Park Service
				requires an initial plan review fee. Reviews by the National Park Service are
				generally completed within 30 days. All approvals of applications and
				amendments are conveyed only in writing by the duly authorized officials of the
				National Park Service. Owners who undertake rehabilitation projects without
				prior approval from the Secretary of the Interior do so at their own
				risk.
(4) Decisions with respect to
				certification shall be made on the basis of the application form. If a
				discrepancy exists between the application form and other submitted material,
				the application form shall take precedence.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XIII - Historic Preservation › Chapter 411 - Investment Tax Credit Program › Rule 261-411.6 - Certification of Completion of Work

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Upon receipt of an application requesting
				certification of completed work, the staff shall review the application and
				accompanying photographic documentation for conformance with the Secretary of
				the Interior's Standards for Rehabilitation, Guidelines for Rehabilitation of
				Historic Buildings, 36 CFR Part 67, March 12, 1984. The state historic
				preservation officer shall provide recommendations to the National Park Service
				for their decision.
(2) Applicants
				shall receive notification of project status from the National Park Service. If
				the National Park Service finds that a project does not meet the Standards, the
				Secretary notifies the owner in writing, and if possible, advises the owner of
				necessary revisions to meet the Standards.
In the case of a denial of significance of the proposed
				  rehabilitation project or the completed work, the owner may appeal in writing
				  to the Chief Appeals Officer, Cultural Resources, National Park Service, U.S.
				  Department of the Interior, P.O. Box 37127, Washington, D.C. 20013-7127.
				  Appeals shall be filed within 30 days of receipt of the decision which is
				  subject to appeal.
(3)
				Completed, approved projects shall be subject to recapture of tax credits
				during the following five-year period, due to sale (on apro rata basis) or
				further unapproved alterations inconsistent with the Secretary of the
				Interior's Standards.
(4) Any
				previous approval by federal, state or local agencies and organizations shall
				not ensure certification by the Secretary for tax purposes. Any certifications
				made by the Secretary of the Interior shall not be considered binding upon the
				Internal Revenue Service or the Secretary of the Treasury with respect to the
				tax consequences under the Internal Revenue Code. Nor does the certification of
				significance for tax benefits substitute for or bind the National Register of
				Historic Places nomination and listing process.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XIII - Historic Preservation › Chapter 412 - National Register of Historic Places › Rule 261-412.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The National Register of Historic Places is a listing of the
				  nation's cultural resources worthy of preservation. National Register listing
				  serves as a basic standard for providing historic preservation program
				  support.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XIII - Historic Preservation › Chapter 412 - National Register of Historic Places › Rule 261-412.2 - Regulations

Current through Register Vol. 47, No. 3, July 24, 2024
The National Register of Historic Places Program shall
				  operate in accordance with National Register of Historic Places,
				  36 CFR
				  60, November 16, 1981, and October 2, 1983;
				  Determination of Eligibility for Inclusion in the National Register of Historic
				  Places, 36 CFR
				  63, September 21, 1977; and Historic
				  Preservation Certification, 36 CFR Part 67, March 12, 1984.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XIII - Historic Preservation › Chapter 412 - National Register of Historic Places › Rule 261-412.3 - Nomination Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Individuals wishing to nominate a cultural resource to the National Register of
				Historic Places may contact the National Register Coordinator, Iowa Economic
				Development Authority, 1963 Bell Avenue, Suite 200, Des Moines, Iowa 50315,
				515.348.6200 to secure a
				preliminary nomination packet.
(2)
				Preliminary nominations shall be returned to the national register coordinator
				for evaluation. Within 30 days the staff shall evaluate the preliminary
				nomination and advise the applicant of the need for additional information,
				that the cultural resource is not eligible, or that the application may
				proceed. If the cultural resource is believed to be eligible, a final
				nomination packet shall be forwarded to the applicant.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XIII - Historic Preservation › Chapter 412 - National Register of Historic Places › Rule 261-412.4 - Review of Nominations

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Completed final nominations shall be reviewed by the staff prior to submission
				to the Iowa state nominations review committee for approval.
(2) Property owners shall be notified of
				pending review of a potential nomination by the Iowa state nominations review
				committee. Property owners objecting to consideration may notify the national
				register coordinator to terminate nomination. Inquiries and objections may be
				directed to the National Register Coordinator, Iowa Economic Development
				Authority, 1963 Bell Avenue, Suite 200, Des Moines, Iowa 50315,
				515.348.6200.
(3) The Iowa state
				national register review committee shall review and recommend action to the
				state historic preservation officer or designee.
(4) Nominations signed by the state historic
				preservation officer shall be forwarded to the National Park Service for
				consideration. The National Park Service has a 45-day response period, which
				includes a 15-day period for public comment. The National Park Service may take
				three actions-listing of the resource on the National Register of Historic
				Places; return of the nomination for further preparation; or rejection of
				nomination. Appeals of National Park Service decision may be directed to the
				National Park Service, Department of the Interior, National Register Office,
				Box 37127, Washington, D.C. 20013-7127.
(5) Owners and all interested parties shall
				be notified by the state historic preservation officer of the formal listing. A
				commemorative certificate shall be forwarded to the property owner.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XIII - Historic Preservation › Chapter 412 - National Register of Historic Places › Rule 261-412.5 - Delisting of Properties

Current through Register Vol. 47, No. 3, July 24, 2024
Alterations to a property may result in delisting of a
				  property. Delisting of a property is automatic if the property is completely
				  demolished. Initiative to delist is the responsibility of the national register
				  coordinator. Inquiries may be directed to the National Register Coordinator,
				  Iowa Economic Development Authority, 1963 Bell Avenue, Suite 200, Des Moines,
				  Iowa 50315, 515.348.6200.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XIII - Historic Preservation › Chapter 413 - Preservation Partnership Program › Rule 261-413.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The Preservation Partnership Program provides preservation
				  education and technical assistance for a one-year period to a competitively
				  selected multicounty area which has not been the subject of a cultural
				  resources survey and does not participate in the Certified Local Government
				  Program.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XIII - Historic Preservation › Chapter 413 - Preservation Partnership Program › Rule 261-413.3 - Application Procedure and Selection

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Selection criteria. The criteria
				considered in the selection of a preservation partner are:
a. The breadth of organizations represented
				in the application for the purpose of maximizing nontraditional audiences and
				economic development;
b. Amount of
				match available;
c. An identified
				cultural resource that merits preservation and which is central to the
				region;
d. Identification of a
				range of potential projects; and
e.
				Relationship to the planning priorities of the program.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XIII - Historic Preservation › Chapter 414 - Review and Compliance Program › Rule 261-414.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The review and compliance program implements state historic
				  preservation program activities to advise and assist public (federal, state,
				  and local government) agencies in carrying out their historic preservation
				  responsibilities broadly described and established under the National Historic
				  Preservation Act, particularly Sections 106 and 110, as well as other state and
				  federal historic preservation laws and regulations.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XIII - Historic Preservation › Chapter 414 - Review and Compliance Program › Rule 261-414.2 - Federal Regulations and Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
The Iowa review and compliance program shall operate in
				  accordance with the following requirements:
(1) The National Historic Preservation Act
				(16 U.S.C.
				470 et seq.).
(2) Title 36 of the Code of Federal
				Regulations Part 60 (36 CFR
				60).
(3) Title 36 of the Code of Federal
				Regulations Part 61 (36 CFR
				61).
(4) Title 36 of the Code of Federal
				Regulations Part 63 (36 CFR
				63).
(5) Title 36 of the Code of Federal
				Regulations Part 800 (36 CFR
				800).
(6) Contract requirements outlined in the
				state of Iowa's Historic Preservation Fund grant agreement with the National
				Park Service, including requirements described in the Historic Preservation
				Fund Grants Manual, special conditions attached to the grant agreement, and any
				other National Park Service requirement considered a condition of receiving the
				annual federal grant.
(7)
				Nationwide Programmatic Agreements and other federal program alternatives
				executed or issued by the Advisory Council on Historic Preservation under
				36 CFR §
										800.14, as applicable.
(8) State-level programmatic agreements and
				memoranda of agreements executed under
				36 CFR §§
										800.6 and
				800.14.
(9) Easements and covenants granted pursuant
				to the implementation of state historic preservation program
				activities.
(10) Iowa Code chapter
				15.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XIII - Historic Preservation › Chapter 414 - Review and Compliance Program › Rule 261-414.3 - Professional Qualifications

Current through Register Vol. 47, No. 3, July 24, 2024
In keeping with federal Historic Preservation Fund grant
				  requirements, the authority shall employ a professionally qualified staff that
				  meets the requirements set forth in
				  36 CFR §
										61.4(e).
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XIII - Historic Preservation › Chapter 414 - Review and Compliance Program › Rule 261-414.4 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Unless the context requires otherwise, the definitions
				  provided in the National Historic Preservation Act and its implementing
				  regulations at 36 CFR Part 60, 36 CFR Part 61, and 36 CFR Part 800 shall apply
				  to terms as they are used through this chapter. In addition, the following
				  definitions apply:
"Act"
means the National Historic
				  Preservation Act (16 U.S.C.
				  §
										470 et seq.).
"Agency"
means federal agency.
"Agreement"
means any agreement executed in
				  accordance with the regulations implementing Section 106 at 36 CFR Part 800 and
				  any agreement authorized by Iowa Code section
				  28E.4.
"Area of potential effects"
or
"APE"
means the geographic area or areas within which an
				  undertaking may directly or indirectly cause alterations in the character or
				  use of historic properties, if any such properties exist. The area of potential
				  effects is influenced by the scale and nature of an undertaking and may be
				  different for different kinds of effects caused by the undertaking
				  (36 CFR §
										800.16(d)).
"Historic property"
means "historic
				  property" as defined in Section 301(5) of the National Historic Preservation
				  Act as amended through December 22, 2006 (16 U.S.C. §
										470w(5)).
"Recommendations and decisions"
means the
				  actions taken by the SHPO to advise and assist federal agencies in carrying out
				  their Section 106 responsibilities.
"Undertaking"
means, as defined in Section
				  301 of the National Historic Preservation Act, a project, activity, or program
				  funded in whole or in part under the direct or indirect jurisdiction of a
				  federal agency, including (1) those carried out by or on behalf of the federal
				  agency; (2) those carried out with federal financial assistance; (3) those
				  requiring a federal permit, license or approval; and (4) those subject to state
				  or local regulation administered pursuant to a delegation or approval by a
				  federal agency.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XIII - Historic Preservation › Chapter 414 - Review and Compliance Program › Rule 261-414.6 - Level of Effort Required to Identify Historic Properties

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The level of effort required to meet the
				"reasonable and good faith" standard in Section 106 review is set forth in
				36 CFR §
										800.4. The level of effort required shall be
				based on past planning, research and studies; the magnitude and nature of the
				undertaking and the degree of federal involvement; the nature and extent of
				potential effects on historic properties; and the likely nature and location of
				historic properties within the APE and may consist of any combination of
				background research, consultations, oral history interviews, sample field
				investigations and field surveys. In order to balance the mission and needs of
				a federal agency and its proposed project, the SHPO shall balance the level of
				effort and resources necessary to identify and preserve archaeological sites
				with the project benefits, costs, schedules and local issues that, in part,
				comprise the broader public interest.
(2) In response to the agency's request for
				consultation, the SHPO shall base any recommendation for the identification of
				historic properties upon a review of the documentation provided by an agency
				pursuant to the reasonable and good-faith standard in conformance with the
				factors set forth in 36 CFR
				§
										800.4(b)(1).
(3) It is the statutory obligation of the
				federal agency to fulfill the requirements of Section 106.
(4) The level of effort required of rural
				electric cooperatives and municipal utilities shall be consistent with the
				requirements set forth in Iowa Code section 15.122.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XIII - Historic Preservation › Chapter 414 - Review and Compliance Program › Rule 261-414.7 - Review and Appeal of the Recommendations and Decisions of the State Historic Preservation Officer

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In addition
				to any other review or appeal process afforded under federal or state law and
				regulations, the recommendations and decisions of the state historic
				preservation officer are subject to the review and approval of the director.
				This review may be initiated by the director for any reason or may be requested
				in the manner described in this rule.
(2) A person, as defined in Iowa Code section
				4.1(20), requesting the review of a recommendation or decision of the state
				historic preservation officer directly affecting that person shall provide the
				director with the following information, orally or in writing:
a. Name and address of the
				requester.
b. A description of the
				action of the SHPO requested to be reviewed.
c. A short and plain statement of the reasons
				the review is requested.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XIII - Historic Preservation › Chapter 415 - Technical Assistance Program › Rule 261-415.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The Technical Assistance Program provides professional
				  consultation in the areas of planning, project monitoring, local ordinance
				  review, local historic district organizations, and general preservation
				  consulting.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XIII - Historic Preservation › Chapter 415 - Technical Assistance Program › Rule 261-415.2 - Regulations

Current through Register Vol. 47, No. 3, July 24, 2024
Technical assistance is provided as resources permit. First
				  priority is given to projects relating to the National Register of Historic
				  Places, the Certified Local Government program or a local preservation
				  commission, and the preservation partnership program.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XIII - Historic Preservation › Chapter 415 - Technical Assistance Program › Rule 261-415.3 - Services

Current through Register Vol. 47, No. 3, July 24, 2024
The technical assistance program provides service in these
				  four areas:
1. Planning assistance.
				This program provides on-site or other forms of consultation in the preparation
				and review of a community or county historic preservation plan.
2. Project monitoring. The staff provides
				on-site or other forms of project monitoring and facilitation.
3. Local ordinance review and local historic
				district organization. In accordance with Iowa Code section
				15.459(4), the
				local commission shall submit the draft or final ordinance for review and
				approval by the staff. An existing commission shall similarly submit proposed
				local historic district designations for review and approval to the staff.
				Comments by the appropriate staff shall be supplied within 45 days from the
				receipt of complete documentation.
4. General technical assistance. Technical
				assistance in the physical preservation of properties is provided by staff.
				This service is provided on an individual request and time available basis. The
				services provided by the staff shall not substitute for private professional
				services.
All inquiries and requests may be directed to the State
				  Historic Preservation Officer, Iowa Economic Development Authority, 1963 Bell
				  Avenue, Suite 200, Des Moines, Iowa 50315,
				  515.348.6200.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XIII - Historic Preservation › Chapter 416 - State Register of Historic Places Program › Rule 261-416.2 - Regulations and Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
All regulations and procedures of 261-Chapter 412, Iowa
				  Administrative Code, pertaining to the National Register of Historic Places
				  shall pertain to the state register of historic places.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XIII - Historic Preservation › Chapter 417 - Certified Local Government Program › Rule 261-417.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The program seeks to enrich, develop, and help maintain local
				  historic preservation programs in accordance with the state and federal
				  preservation programs. The aim is to ensure the broadest possible participation
				  of local governments in the program while maintaining standards consistent with
				  the National Historic Preservation Act and the Secretary of the Interior's
				  "Standards and Guidelines for Archaeology and Historic Preservation." Financial
				  and technical assistance are provided to further this
				  purpose.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XIII - Historic Preservation › Chapter 417 - Certified Local Government Program › Rule 261-417.2 - Regulations

Current through Register Vol. 47, No. 3, July 24, 2024
The Certified Local Government program shall operate in
				  accordance with the National Historic Preservation Act of 1966; Federal
				  Regulations 36 CFR
				  61, April 13, 1984, and August 30, 1985;
				  National Register Program Guidelines-NPS 49, Chapter 9; Iowa Code sections
				  15.445 to
				  15.459; and the guidelines for
				  the program issued by the authority in "The Certified Local Government Historic
				  Preservation Program in Iowa."
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XIII - Historic Preservation › Chapter 417 - Certified Local Government Program › Rule 261-417.3 - Criteria for Certification

Current through Register Vol. 47, No. 3, July 24, 2024
Any local government shall be certified to participate in the
				  program if the state historic preservation officer and the National Park
				  Service certify that the local government meets the following
				  conditions:
1. Secures appropriate
				county and municipal ordinances or resolutions for the creation of a local
				historical commission and the conduct of its historic preservation
				responsibilities;
2. Establishes an
				adequate and qualified historic preservation review commission by state or
				local legislation;
3. Maintains a
				system for the survey and inventory of historic properties that furthers the
				purposes of historic preservation;
4. Provides for adequate public participation
				in the local historic preservation program, including the process of
				recommending properties for nomination to the National Register of Historic
				Places; and
5. Satisfactorily
				performs the responsibilities delegated to it under the Act.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XIII - Historic Preservation › Chapter 417 - Certified Local Government Program › Rule 261-417.4 - Procedure for Certification

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				applicant shall contact the certified local government coordinator for program
				guidelines and application procedures.
(2) Review of the certification request for
				completeness and eligibility shall be conducted by the staff within 30 days.
				Applicants shall be advised of the results of the review. If the certification
				request is deemed unsatisfactory, the staff shall advise the applicant and
				specify the changes that are needed.
(3) When a certification application is
				accepted, a certification agreement shall be sent to the local government for
				signature.
(4) Rescinded IAB
				12/6/95, effective 1/10/96.