ARC 0599D

ARC 0599D

ECONOMIC DEVELOPMENT AUTHORITY[261]

Notice of Intended Action

Proposing rulemaking related to national register of historic places and state register of historic places and providing an opportunity for public comment

    The Economic Development Authority (Authority) hereby proposes to rescind Chapter 412, “National Register of Historic Places,” and to adopt a new Chapter 412, “National Register of Historic Places and State Register of Historic Places,” Iowa Administrative Code.

Legal Authority for Rulemaking

    This rulemaking is proposed under the authority provided in Iowa Code section 15.121.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code section 15.121.

Purpose and Summary

    Pursuant to Executive Order 10, the Authority proposes to rescind Chapter 412 and adopt a new chapter in lieu thereof. This proposed chapter describes the nomination process for the National Register of Historic Places.

    This proposed chapter will be clearer and more concise throughout. Definitions will be added for clarity. Information about the Iowa State National Register of Historic Places Nominations Review Committee (Committee) will be added to the chapter. The Committee is currently addressed in 223—Chapter 35, which is proposed to be rescinded as part of a concurrent rulemaking (ARC 0603D, IAB 9/16/26). A description of the relationship between the National Register of Historic Places and the State Register of Historic Places will also be added to the chapter. This information is currently noted in 261—Chapter 416, which is proposed to be rescinded as part of a concurrent rulemaking (ARC 0581D, IAB 9/16/26).

Regulatory Analysis

    A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on June 24, 2026. A public hearing was held on the following date(s):

     ?   July 16, 2026

Fiscal Impact

    This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

    After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Authority for a waiver of the discretionary provisions, if any, pursuant to 7—Chapter 2504.

Public Comment

    Any interested person may submit written or oral comments concerning this proposed rulemaking, which must be received by the Authority no later than 4:30 p.m. on October 8, 2026. Comments should be directed to:

Public Hearing

    Public hearings at which persons may present their views orally or in writing will be held as follows:

    Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.

    Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Authority and advise of specific needs.

Review by Administrative Rules Review Committee

    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

    The following rulemaking action is proposed:

    ITEM 1.  Rescind 261—Chapter 412 and adopt the following new chapter in lieu thereof:

CHAPTER 412

NATIONAL REGISTER OF HISTORIC PLACES AND
STATE REGISTER OF HISTORIC PLACES

261—412.1(15) Definitions. For purposes of this chapter, unless the context otherwise requires:

    “Act” means the National Historic Preservation Act of 1966, Public Law 89-665, 54 U.S.C. Subtitle III, Division A.

    “Committee” means the state national register of historic places review committee described in rule 261—412.3(15).

    “National Register of Historic Places” or “National Register” means the federal government’s list of historic properties authorized under the Act, which is administered by the National Park Service, United States Department of the Interior.

    “State historic preservation officer” or “SHPO” means the officer appointed and certified pursuant to Iowa Code section 15.121.

261—412.2(303) Regulations. The nomination process for the National Register of Historic Places shall operate in accordance with 36 CFR Part 60 (National Register of Historic Places), 36 CFR Part 63 (Determinations of Eligibility for Inclusion in the National Register of Historic Places), and 36 CFR Part 67 (Historic Preservation Certifications Under the Internal Revenue Code).

261—412.3(15) Committee. An Iowa state national register of historic places nominations review committee is a permanent advisory committee appointed by the SHPO. Members of the committee elect a chairperson and a vice chairperson annually and may elect other officers as necessary.

    412.3(1) Responsibilities. The committee’s responsibilities include but are not limited to the following:

    a.  Review of all proposed nominations of Iowa properties to the National Register of Historic Places to determine whether a property meets the National Register criteria for evaluation and to recommend that the SHPO approve or reject nominations;

    b.  Review appeals to the committee of the failure or refusal of the SHPO to nominate a property to the National Register;

    c.  Advise the SHPO concerning grant applications, end-of-year reports, and the state comprehensive historic preservation plan;

    d.  Provide general advice, guidance, and professional recommendations to the SHPO in carrying out the duties and responsibilities assigned in 36 CFR Part 61 (Procedures for State, Tribal, and Local Government Historic Preservation Programs); and

    e.  Other duties as may be appropriate and designated by the SHPO.

    412.3(2) Membership. The SHPO shall appoint members to the committee. The committee will be composed of no more than 12 voting members, all of whom are citizens of Iowa and the majority of whom are professionals in historic preservation disciplines of American history, architectural history, architecture, prehistoric and historical archaeology, or related professional disciplines. The committee may include citizen members, representatives of other preservation-related professions, and nonvoting members. Professional members of the committee shall meet the qualifications in the Secretary of Interior Professional Qualification Standards.

    412.3(3) Term of office. The term of office for committee members is three years. The terms will be staggered to permit one-third of the appointments to be made each year. Terms of appointments begin on January 1 and are effective through December 31 three years later.

    412.3(4) Meeting procedures.

    a.  Members may be reimbursed for travel, lodging, and expenses incurred in the performance of committee service.

    b.  Members of the committee who have a conflict of interest shall disclose the interest to the authority. The affected member shall not participate in any discussion or action by the committee and is disqualified from voting with respect to the subject of the conflict of interest. The quorum of the committee will not be changed as the result of a conflict-of-interest disqualification.

    c.  Committee members are to refrain from voting and commenting upon any nominated property for which the member serves as an officer, trustee, or fiduciary employee; for which the member has consulted either for remuneration or gratis in the preparation of the nomination; or for which the member has or expects to participate in the development or use of the property.

    d.  The committee will meet at least three times per year. Meetings of the committee may be canceled if there is no business for the committee to consider. The committee may also schedule additional meetings as necessary to carry out its business.

    e.  The SHPO or designee will preside at all meetings of the committee.

    f.  Members are permitted to miss no more than two regular meetings in a year and shall notify the SHPO at their earliest opportunity of their expected absence. If a member misses more than two regular meetings in a year, the SHPO may replace the member.

    g.  Meetings will be conducted in accordance with Iowa Code chapter 21 and Robert’s Rules of Order, Revised Edition.

    h.  A majority of voting members of the committee constitute a quorum, and any committee action requires an affirmative vote by a majority of the members present. No nomination will be considered by the committee unless one committee member with professional expertise in the area of nomination is present.

    i.  Citizens may appear before the committee to discuss a nomination. The length of presentations may be limited by the chair.

261—412.4(303) Nomination procedure.

    412.4(1) Individuals wishing to nominate a cultural resource to the National Register of Historic Places shall follow instructions on the authority’s website for submitting a preliminary evaluation.

    412.4(2) Preliminary evaluations will be reviewed by SHPO staff. Staff will review preliminary evaluations within 30 days of receipt and may advise the applicant of the need for additional information, that the cultural resource is not eligible, or that the application may proceed.

261—412.5(303) Review of nominations.

    412.5(1) Applicants shall follow instructions on the authority’s website for submitting nominations. Staff will review final nominations prior to submission to the committee for approval.

    412.5(2) Property owners will be notified of pending review of a potential nomination by the committee. Property owners objecting to consideration may notify SHPO staff to terminate nomination. Inquiries and objections may be directed to the National Register Coordinator, Iowa Economic Development Authority, 1963 Bell Avenue, Suite 200, Des Moines, Iowa 50315, 515.348.6200.

    412.5(3) The committee will review the nomination and recommend action to the SHPO or designee.

    412.5(4) Nominations signed by the SHPO will be forwarded to the National Park Service for consideration. The National Park Service has a 45-day response period, which includes a 15-day period for public comment. The National Park Service may list the resource on the National Register of Historic Places, return the nomination for further preparation, or reject the nomination. Appeals of National Park Service decisions may be directed to the National Park Service, Department of the Interior, National Register Office, P.O. Box 37127, Washington, D.C. 20013-7127.

    412.5(5) Owners and all interested parties will be notified by the SHPO of the formal listing. A commemorative certificate will be forwarded to property owners of individually listed properties.

261—412.6(303) Delisting of properties. Alterations to a property may result in delisting of a property. Delisting of a property is automatic if the property is completely demolished or moved without prior approval from the National Park Service. Inquiries may be directed to the National Register Coordinator, Iowa Economic Development Authority, 1963 Bell Avenue, Suite 200, Des Moines, Iowa 50315, 515.348.6200.

261—412.7(15) State register. The state register of historic places, which is prepared and maintained pursuant to Iowa Code section 15.121, shall be administered pursuant to all regulations and procedures in this chapter applicable to the National Register of Historic Places.

261—412.8(15) References. All references to the Act, United States Code, Code of Federal Regulations, or Secretary of Interior Professional Qualification Standards in this chapter are as in effect on [effective date of rulemaking].

These rules are intended to implement Iowa Code section 15.121.