Public Resources Code 5024 MOU

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The California State Legislature enacted Public Resources Code (PRC) § 5024 and § 5024.5 as part of a larger effort to establish a state program to preserve historical resources. These sections of the code require state agencies to take a number of actions to ensure preservation of state-owned historical resources under their jurisdictions.

For project activities and permits that affect Caltrans-owned cultural resources, PRC § 5024 is handled under the 2015 Memorandum of Understanding Between the California Department of Transportation and the California State Historic Preservation Officer Regarding Compliance with Public Resources Code Section 5024 and Governor's Executive Order W-26-92, effective January 1, 2015. Memorandum of Understanding Between the California Department of Transportation and the California State Historic Preservation Officer Regarding Compliance with Public Resources Code Section 5024 and Governor Executive Order W-26-92. The MOU identifies Caltrans HQ and District roles and compliance responsibilities, delegates some of SHPO’s PRC 5024 responsibilities to Caltrans, and expedites compliance.

When a federal undertaking includes state-owned historical resources within an undertaking’s Area of Potential Effects and the documentation is submitted to SHPO pursuant to the Section 106 PA, Caltrans uses the 106 PA in its entirety and notifies the SHPO that there are state-owned historical resources for which Caltrans is concurrently complying with PRC § 5024.

Guidance on using the MOU is found in Caltrans Standard Environmental Reference (SER), Volume 2 – Cultural Resources.

Annual Reports for the Original Section 106 PA which expired December 31, 2013.

Contact Information

Alex Neeb, Chief Cultural Studies Office
Phone: 916-654-3567

David Price, Section 106 Coordinator

Glenn Gmoser, Special Projects Archaeology Branch

Jill Hupp, Built Environment Preservation Services Branch

Sarah Allred, Native American Cultural Studies Branch

For questions regarding the Cultural Studies web page, contact the webmaster.

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