Who is responsible for conducting the Section 106 Review?
The primary responsibility for meeting the requirements of Section 106 rests with the federal agency; in this case, the federal agency is the US Department of Education. Federal agencies cannot delegate their legal obligation to comply with Section 106 to an applicant or non-Federal party without clear statutory authority. However, the US Department of Education has asked the Iowa Department of Education to: initiate Section 106 consultation on their behalf, identify and evaluate historic resources, and assess effects to historic resources. By signing the assurances page of the grant application, the grant recipient agrees to assist the Iowa Department of Education complete the Section 106 requirements. However, the US Department of Education remains responsible for all findings and determinations submitted for comment, and will enter into active consultation when an adverse effect to a historic property is found, the state agency and SHPO disagree during consultation, consulting parti
