RULE 223-42.4 - Definitions

RULE 223-42.4. Definitions

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. sect470 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 sect 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. sect 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 Section301 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 (I) 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.

(ARC 0268C, lAB 8/8/12, effective 9/12/12)

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