Iowa Administrative Code › Agency 223 - Historical Division › Chapter 42 - Review and Compliance Program › Rule 223-42.5 - Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Technical assistance.
The state historic preservation office
			 (SHPO) shall advise and assist federal agencies in carrying out their
			 responsibilities under the Act (and other federal historic preservation laws)
			 and shall cooperate with federal agencies, state agencies, local governments,
			 or their applicants; organizations; and individuals to ensure historic
			 properties are taken into consideration at all levels of planning and
			 development.
(2)
SHPO
			 review of federal undertakings.
a.
			 In accordance with applicable federal and state laws and regulations, agency
			 officials and agency program applicants or recipients requesting the views of
			 the SHPO on an undertaking shall submit documentation regarding the undertaking
			 and potential effects to historic properties.
b. The SHPO shall make available forms
			 intended to assist agency officials and agency program applicants and
			 recipients in organizing information and to allow the review and compliance
			 program staff and other consulting parties to render informed advice on an
			 undertaking. Forms will be made available on the state historical society of
			 Iowa Web site. Submittals shall be directed to Review and Compliance
			 Coordinator, State Historical Society of Iowa, Des Moines, Iowa
			 50319.
c. The SHPO shall respond to
			 initial determinations submitted by an applicant or groups of applicants
			 authorized to initiate consultation by the agency pursuant to 36 CFR
			 §800.2(c)(4) or to a final agency determination of eligibility.
d. The SHPO shall apply the National Register
			 Criteria for Evaluation when opining on determinations of National Register
			 eligibility.
e. With respect to the
			 determination of whether a property is eligible for listing, in the event that
			 the SHPO and the agency official do not agree as to the determination of
			 eligibility, the SHPO shall include an explanation of its opinion which shall
			 be based on the National Register criteria and relevant National Park Service
			 guidelines for evaluation of historic properties.
f. The SHPO may respond to agency
			 determinations and findings of effect.
g. A SHPO nonconcurrence with an agency
			 finding of effect shall include an explanation based upon the Advisory
			 Council's criteria of adverse effect in accordance with 36 CFR sect
			 800.5(a).
h. If the SHPO elects to
			 consult, the SHPO shall respond within 30 calendar days of receipt of an
			 agency's request for review of a finding or determination in accordance with 36
			 CFR §800.3(c)(4) and the National Park Service's applicable requirements.
			 The SHPO shall base any recommendations upon consideration of all of the
			 factors enumerated in 36 CFR sect 800.4(b)(1).
i. The recommendations and decisions of the
			 SHPO 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 rule
			 223-42.7
			 (303). To facilitate this opportunity for review, the SHPO will generally
			 submit its recommendation to the director within 14 calendar days of
			 receipt.
j. If the director is
			 unable to make a determination regarding the request for review within the
			 federally mandated 30-day consultation period, the director may, upon advising
			 the applicant, request that the federal agency extend the consultation period
			 for such time as the director requires to make such a determination.