Iowa Administrative Code › Agency 261 - Economic Development Authority › Part XIII - Historic Preservation › Chapter 414 - Review and Compliance Program › Rule 261-414.5 - 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 authority website. Submittals
				shall be directed to Review and Compliance Coordinator, Iowa Economic
				Development Authority, Des Moines, Iowa 50315.
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 §
											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 §
											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.