Iowa Admin. Code r. 223-42.6

Current through Register Vol. 47, No. 8, October 30, 2024

Rule 223-42.6 - Level of effort required to identify historic properties

(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 2011 Iowa Code Supplement section 303.18.

Iowa Admin. Code r. 223-42.6

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