A04_SOW.docx

SCOPE OF WORK

Bureau of Indian Affairs / Eastern Oklahoma Region Cultural Resource Management – FY 2022 Phase I Archaeological Survey and Report

I. Background As an agency of the U.S. Department of Interior, the Bureau of Indian Affairs (BIA), is mandated to comply with Federal laws and regulations on the identification and protection of cultural resources. These laws include the National Historic Preservation Act (NHPA Section 106), National Environmental Policy Act (NEPA), Native American Graves Protection and Repatriation Act (NAGPRA), Archaeological Resources Protection Act (ARPA), American Indian Religious Freedom Act (AIRFA), and germane Executive Orders and federal regulations. As part of Section 106 compliance, the BIA may require a Phase I archaeological survey and report for federal undertakings.

The proposed Removal of Restriction Projects have the potential to cause adverse effects to historic properties within the Eastern Oklahoma Regional Office (EORO) area of responsibility, pursuant to 36 CFR 800.5(a)(2)(vii). The purpose of the projects is to remove parcels of land from the restricted land status. Once the restrictions have been removed the land will no longer be held in a status that would warrant federal oversite/protection of resources. Therefore, this action requires a cultural survey to determine the potential effect of cultural resources.

II. Specific Tasks The contractor shall furnish all necessary labor, transportation, equipment, specialized personnel, and material to complete the archaeological survey and reports. Upon contract award, a list of Permit Administrator(s), Principal Investigator(s), and Field Director(s) must be provided to the EORO, along with a curriculum vitae (or similar resume) for each Principal Investigator and Field Director, broken down by the sites they will be responsible for. The DI Form 1991 (ARPA Permit), Permit for Archeological Investigations will be issued to the contractor as needed to ensure complete coverage. The issued DI Form 1991 may require special stipulations, therefore it should be reviewed by the Principal Investigator prior to their signing and returning a copy to the EORO. Either the Principal Investigator or the Field Director shall be on site at all times when work is in progress and must keep this permit available for inspection.

Prior to the commencement of work, informal consultation/collaboration between the contractor and the Tribe, Band, or Nation’s cultural and/or historic preservation office must occur. This consultation should include, but is not limited to, the scope and extent of proposed work, inquiry for review of tribal cultural sites/historic properties in the tribal database and in the Osage National Register of Historic Places, and the need for on-site tribal monitors or specialists with indigenous knowledge.

Contractor will conduct a Phase I Archaeological Survey that will, at a minimum, consist of:

1. Background/Literature Research.

2. Field investigation that includes pedestrian survey and shovel testing. UTM coordinates shall be recorded for all shovel test, both positive and negative.

3. Report Preparation.

The pedestrian survey shall cover 100 percent of the area of potential effect (APE) as delineated within the contract or attachments. Systematic shovel testing must be performed, at a minimum. Systematic shovel testing will be conducted at intervals no greater than 30 meters. Each shovel test will be at least 30 cm in diameter or 30 cm x 30 cm squares and excavated to a depth of at least 50 cm below ground surface or until impenetrable substrate (e.g., bedrock), a known sterile subsoil, or the water table is reached. Shovel tests will be dug in 10 cm arbitrary levels and screened through ¼ inch mesh, unless high clay or water content requires that they be troweled through. Each shovel test must be excavated unless the contractor can reasonably expect a location to have virtually no likelihood of containing cultural materials or features due to natural or anthropogenic processes (e.g., ground slopes above 20%; previous natural or man-made ground disturbance; hydric soils.) In areas where natural or anthropogenic ground disturbance is suspected, but not confirmed, or where the vertical and horizontal extent of known disturbance is not documented, a reasonable shovel test sample must be conducted as part of the due diligence necessary to document and confirm the extent to which previous ground disturbance has impacted any cultural materials or features that the contractor can reasonably expect may be present at that location. In areas where shovel testing has been omitted due to the aforementioned conditions, the contractor will conduct a pedestrian survey along transects no wider than 10 meters apart. All excavated areas will be returned as closely as practical to pre-excavation conditions.

Rigid adherence to systematic shovel testing at fixed intervals may fail to yield optimal survey results since fixed intervals may not uncover sites that would have been located otherwise using a judgmental technique. Therefore, additional judgmental shovel testing using careful scrutiny for surface artifact scatters and features is encouraged, but not required.

Drive overs, colloquially know a “windshield surveys”, are not acceptable. Vehicular activity shall be restricted to existing roadways and trails.

Neither the Contractor nor his/her representative shall release to the public or other agency or entity any site locations, or other site information, sketch, photograph, report, or other material of any nature obtained or prepared under this permit without prior written approval of the EORO and the landowner, tribe, or allottee(s). Copies of all published articles and other published or unpublished reports and/or manuscripts resulting from any work conducted under the auspices of this permit shall be filed with the EORO and with the landowner, tribe or allottee(s). Archaeological site information will be redacted from information reports to landowners or allottee(s). Reporting obligations required by law or regulation to other agencies and entities are waived from the stipulation.

Per 25 CFR 262.5 3(d): Human remains of Native Americans, funerary objects, sacred objects, and objects of cultural patrimony may not be excavated or removed unless the permittee has obtained the written consent of the EORO Regional Director and tribes. In order to obtain consent, the permittee shall present to the EORO Regional Director written evidence of prior consultation with the appropriate Indian tribe. If the lands containing the remains or objects are tribal lands, the permittee shall first obtain the written consent of the tribe having jurisdiction over the lands.

Inadvertent discovery of human remains demands all work will immediately cease and notification of local law enforcement, the EORO, and the tribe(s). No further ground disturbance will occur within a 100-meter circumference of the discovery site. The human remains will be covered by canvas or other natural covering. Contractor will secure the area to the best of their ability until relieved by either law enforcement, EORO or appropriate Tribal authority. Contractor may not resume work within the 100-meter buffer zone until notified in writing by EORO.

The report must meet the Secretary of Interior’s standards and guidelines and be accepted by EORO, the Oklahoma State Historic Preservation Office (SHPO), the Oklahoma Archeological Survey (OAS), Federally Recognized Tribe, and valid stakeholders with consulting requests for that location. The minimum standards for the Archaeological Survey Report include the following:

1. Abstract. The abstract must outline the report contents and refer to specific highlights of the findings.

2. Table of Contents.

3. Description of the APE. This includes the survey area and, for areas not surveyed, the rationale for that decision.

4. A synopsis of the environmental setting and cultural history.

5. Background review of historical research including previous archaeological work, museum collections, gathering relevant data on geology, botany, urban geography and other related disciplines; archival research; informant reviews; and/or recording of oral traditions where Traditional Cultural Properties and/or Traditional Cultural Plants use may be concerned. This must additionally include discussion(s) regarding the significance of the original allottees as well as of the property; and the report must state whether the parcel or portions of the parcel were selected as a homestead selection during the allotment process, and why this is important.

6. Research Design

a. Description of proposed field survey methods, procedures, reasoning, and strategy used to identify cultural resources. This must include a discussion regarding efforts made toward identifying rock cairn burials.

b. Description of actual field survey methods, procedures, reasoning, and strategy used to identify cultural resources and any justification and/or reasoning for deviation from the research design.

7. A list of all recorded sites including site designation, elevation, and site type with: Historic Preservation Resource Identification Form; Historic Preservation Resource Identification Form for Cemeteries; Truss Bridge Forms; and/or Non-Truss Bridge Forms when applicable.

a. Forms are available from the State Historic Preservation Office page on the Oklahoma Historical Society website.

8. Project area overview photographs and cardinal direction photographs of sites. No photographs are to be taken of human skeletal remains, Traditional Cultural Properties, or locations of Traditional Cultural Plants without written permission of Tribal consulting parties.

9. Description, site legal location, and evaluation of all identified cultural resources; document their potential to contribute new data on cultural resources or address questions of the project area. Previously identified within the APE and newly recorded archaeological sites and isolated finds will have a detailed discussion regarding recommended eligibility to the National Register of Historic Places. Sites or isolated finds recommended ineligible for inclusion to the NRHP will include justification for why fail to meet eligibility criteria. The Contractor will contact the Tribe when sites are discovered on the boundary of the APE and the site’s boundary is not fully delineated. The Tribe will assist in securing adjacent landowner permission to fully delineate the site beyond the APE. If adjacent landowner permission cannot be secured, the site will be determined unevaluated.

10. Summary of findings and recommendations.

a. Background and field data are evaluated, synthesized, and placed in broader perspective based on existing knowledge of archaeological resources of the region. Recommendations of site and/or isolated find eligibility and project effects will be made.

11. Appendices of maps:

a. Visual depiction of project location in the State, County and PLSS Section.

b. Location of labeled shovel tests within the project area

c. National Register eligible sites within 1 mile of the APE

d. Archaeological sites within 1 mile of the project area

All maps are to include a legend, title, north arrow, and are to be digitally provided in high resolution. USGS 7.5-minute maps are to include quad map name and date, with townships and ranges placed in the margins.

‘Site’ is to be defined by reference to any State of Oklahoma criteria. Prepare site forms for newly discovered sites and updated for previously recorded sites. Provide a summary table.

At a minimum, site records will include the following:

1. Oklahoma site designations (Oklahoma Archeology Survey guidelines)

2. Pagination with page number and total number of pages on each page.

3. For previously recorded sites, include the original site record as well as all updates.

4. Maps: a portion of the USGS 7.5-minute topographic map showing the site locations, name of 7.5-minute USGS map; a site map depicting the location of the site, features, any site impacts, contour lines, UTM (NAD 83) coordinates for site boundaries.

5. Site description: UTM (NAD 83) coordinates for site centroid or site datum/data: 7.5-minute USGS map name, ¼ of ¼ section, township, range; site elevation, site size in acres; a photo of the site area which includes the immediate surrounding area, a description and photos of features and diagnostic artifacts; the location of any site impacts, photographic and general description of the potential impacts. At a minimum, UTM coordinates are to be recorded with a +/- five (5) meter level of accuracy or better.

Within 120 days of award of contract, the contractor will deliver the following:

1. Seven copies of the final bound archeology report to the BIA EORO or designated official.

2. One unbound copy of all site records to the BIA EORO or designated official.

3. An Encrypted electronic device (e.g., thumb drive) containing the report, photographs, site forms, maps and other files shall be delivered to the BIA EORO or designated official. The contractor may instead provide the BIA EORO or designated official data access using electronic file sharing.

III. Qualifications At a minimum, the Principal Investigator and the archaeology Field Director are to meet the Secretary of the Interior Professional Qualification standards for Archaeology (36 CFR Part 61:48 FR 44716). The Principal Investigator, and the archaeology Field Director are to have a minimum of an MA or MS degree in anthropology with a specialization in archaeology; at least one year of full-time professional experience in archaeological research, administration, or management; at least one year of supervised field and analytic experience in North American archaeology; in addition, at least one year of field experience in the Southern Great Plains and/or Trans-Mississippi region.

IV. Required Consultation Within 45 days of Eastern Oklahoma Region receiving the deliverables from the awarded contractor, the Regional Office will initiate consultation with the appropriate Tribal and State government entities and other stakeholders per 36 CFR 800.4.

The awarded contractor is required to provide revisions/corrections or requests for additional surveys and information relating to the submitted survey reports. No more than 30 days should pass from notification to the contractor before a response is received addressing any requests from the consulting parties. A finding of adverse effect or if the consulting parties do not agree on whether an adverse effect is taking place, or the methods for mitigating adverse effects, the conflict will be resolved through consultation with the Advisory Council on Historic Preservation (ACHP).

The awarded contractor will receive 30 percent of the contract award upon completion of the field work and a further 30 percent once the survey reports are submitted to the EORO and are deemed satisfactory. The remaining 40 percent of the award amount will be released to the contractor once the EORO concludes consultation.

V. Attachments

1. Site Boundary Delineation

2. Table of Projects and Tracts Showing Acreage

3. Topographic Project Maps Site Boundary Delineation Systematic shovel testing is required to establish the horizontal and vertical extent of a site. All discovered sites, structural remains, and cultural features will be recorded as to width, length, depth, and nature of fill within the site area.

Site boundaries are to be established by excavating radial shovel tests in no less than four directions. Ten-meter interval shovel tests will be used to establish the general boundaries, with two consecutive negative shovel tests establishing the edge of the site. Thus, the interval between two distinct sites will usually be at least 20 meters, unless other physical boundaries are apparent.

Minimal cruciform shovel testing is not sufficient to delineate site boundaries. Ideally, the investigation will clearly delineate site boundaries with closer 10-meter intervals shovel tests, depending on topography. Each outside positive shovel test will be delineated when two consecutive negative shovel tests are recorded beyond each outermost positive shovel test within the limits of the site or isolated find.

Table of Projects and Tracts Showing Acreage