California Environmental Insights Oct. 2017, Industry Updates – Cultural Resources Regulatory Updates – Public Resources Code 5024 and 5024.5

Many of GEI’s clients may be familiar with common compliance regulations, such as CEQA, NEPA, and even Section 106, that address cultural resources. However, Public Resources Code (PRC) 5024 and 5024.5 require additional analyses for State-owned properties. PRC 5024 establishes a Master List of State-owned properties that meet criteria for the National Register of Historic Places or California Historical Landmarks, and requires California State agencies to annually update the Master List when their properties meet the eligibility criteria.

More pertinent for our State agency clients is PRC 5024.5. Under 5024.5, early in the planning process, all State agencies must notify the State Historic Preservation Officer (SHPO) of a proposed project that may affect historical resources. Subsequently, the agencies must submit analysis documentation to SHPO for any project having the potential to affect State-owned historical resources on or eligible for inclusion in the Master List. This can include, but is not limited to:  buildings, structures, landscapes, archaeological sites, and other non-structural resources. If resources were not considered for their ability to meet the criteria previously, they must be assessed at that point for their ability to meet the criteria prior to the affects analysis. State agencies must also request SHPO’s comments on the project. If the proposed project would cause adverse effects to a State-owned historical resource, the State agency and SHPO must work to find “prudent and feasible measures that will eliminate or mitigate the adverse effects.”

GEI Contact: Mark Bowen, mbowen@geiconsultants.com