R652-60-600. Assessing Effects

1. The division shall assess the effect of a proposed sovereign land use on historic properties in consultation with the SHPO. The division shall consider the views, if any, of interested persons in assessing the effect to historic properties. Based on this assessment, the division shall make a finding of effect and notify all interested persons of this finding.

2. Findings of Adverse Effect and No Adverse Effect may result in the requirement that a data recovery or treatment plan be prepared specifying the actions to be taken should the proposed use for sovereign lands be approved.

(a) The division may require that a data recovery, treatment or mitigation plan be prepared by the applicant.

(b) The director shall approve all data recovery, treatment or mitigation plans and assure their implementation.