RULE 223-35.2 - Definitions

RULE 223-35.2. Definitions

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 ยง 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.

(ARC 0267C, lAB 8/8/12, effective 9/12/12)

The following state regulations pages link to this page.