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Public Resources Code 5024

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 (PDF), effective January 1, 2015. 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.

Section 106 PA/PRC 5024 MOU Renewal: Caltrans is seeking comments on the proposed draft Section 106 PA and PRC 5024 MOU.

Current Annual Report for the 5024 MOU.

Contact the Cultural Studies Office for copies of previous annual reports.