Synopsis.docx

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Santa Clara Pueblo TCP Study
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140R4018Q0029
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Introduction

This is a synopsis for the Santa Clara Pueblo Traditional Cultural Properties (TCP) study as required by FAR 13.105. This requirement is intended to be awarded as a Sole Source to Santa Clara Pueblo. The requirement is for a three-year contract for the development of a TCP study on Navajo Gallup Water Supply Project (NGWSP) for the Santa Clara Pueblo, which is a concurring party to the Programmatic Agreement (PA).

Description of Requirement

The contractor shall conduct research necessary to identify at minimum the location and spatial extent of TCPs and sacred sites of concern to the Santa Clara Pueblo that may be adversely affected by construction and/or maintenance activities on the NGWSP. This research may also identify more detailed data, such as the nature or history of the TCP and/or sacred site. Research activities may include, but are not limited to a literature review, archival research, ethnographic interviews, field visits, ethnobotanical research, and trail identification.

The contractor shall produce an annual report at the end of the first and second years of the contract that describes the work completed up to that point so technical can produce advanced cultural planning reports. Delivery dates for those reports will be added to the contract.

At the culmination of the third year of the contract, the contractor shall produce a final written TCP report that provides information detailing, at minimum, the location and spatial extent of the TCPs and sacred sites of concern to the Santa Clara Pueblo that may be adversely affected by the NGWSP. The report shall contain management recommendations to mitigate the potential adverse effects to these properties anticipated as a result of construction and/or maintenance activities on NGWSP. This report shall be considered the Santa Clara Pueblo 's official response to TCP and sacred site identification as requested by Reclamation in compliance with National Historic Preservation Act (NHPA) and the PA, and in consideration of the directives and standards outlined in Executive Order 13007, Executive Order 13175, and American Indian Religious Freedom Act (AIRFA).

Justification of Sole Source

In accordance with FAR 13.501, the proposed contractual action is pursuant to the statutory authority of 41 U.S.C. 1901.

The Bureau of Reclamation (Reclamation) has entered into a PA to ensure compliance with NHPA and other applicable federal, state, and Navajo Nation historic preservation legislation and regulations for NGWSP. Section II (3) of the PA describes Reclamation’s responsibilities in regard to the identification of TCPs and sacred sites. It states that Reclamation will consult with the signatory and concurring tribes to identify properties of religious and cultural importance, utilizing the guidance provided by National Park Service Bulletin Number 38 (Bulletin 38), Executive Order 13007, Executive Order 13175, Reclamation policy and guidance on the identification and evaluation of sacred sites, and Navajo Nation policy regarding the identification and evaluation of TCPs and sacred sites. It further stipulates that the nature, form, and product of the TCP study will be established between the tribe and Reclamation, with due consideration for the need to expedite an assessment and resolution of effects to these properties. To this end, Reclamation will assist each concurring tribal party to the PA so that the Tribe may conduct its own study of the NGWSP to identify potentially affected TCPs as defined in the National Register of Historic Places (NRHP) and Bulletin 38.

Executive Order 13175 stipulates that the United States "work with Indian Tribes on a government-to government basis..." Because Section 10l(d)(6)(B) of the NHPA stipulates that federal agencies consult with any Indian tribe or Native Hawaiian organization that attaches religious and cultural significance to properties affected by federal undertakings and Executive Order 13175 mandates agencies to work with Indian tribes on a government-to-government basis, it follows that only the Santa Clara Pueblo , or a government official with delegated authority from the Santa Clara Pueblo Governor, has the authority to identify and consult on properties of traditional cultural significance for this project.

In accordance with FAR 5.207 (c) (16)(ii) “responsible sources may submit a capability statement… that shall be considered by the agency”. If interested, please provide the statement to Tyler Spencer at tspencer@usbr.gov no later than 5 May 2019 at 1600 MT. Please provide a signed delegation of authority letter from the Santa Clara Pueblo Governor allowing you or your company the authority to identify and consult on properties of traditional cultural significance for this project.

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