Attachment 2_- PWS.docx

PERFORMANCE WORK STATEMENT (PWS)

FOR

Vandenberg Space Force Base Tree Trimming/Removal Indefinite Delivery Indefinite Quantity (IDIQ)

Space Launch Delta 30, VANDENBERG SFB 18 December 2024

TABLE OF CONTENTS

1.0 DESCRIPTION OF SERVICES

1.1 Scope. The contractor shall provide all management, tools, supplies, equipment, and labor necessary to ensure that tree services are performed at Vandenberg Space Force Base (VSFB) in a manner that will maintain a healthy, thriving, attractive and professional appearance of tree landscapes.

1.2 Objectives. To provide tree trimming and/or removal services on VSFB. The contractor shall provide tree services requested by the Government on various types of trees located on and around VSFB. The contractor shall comply with all Federal, State, Local and VSFB rules and regulations. Performance of services shall follow commercial industry standards as described by professional organizations such as the National Arborist Association, American Society of Landscape Architects, and American National Standards Institute (ANSI). Some tree services will encompass tree lines on or near high voltage electrical distribution on North, South and Main Cantonment of VSFB.

Includes the massive trimming and/or removal of trees as required to include stump grinding where needed and immediate application of herbicide to Eucalyptus tree stumps to prevent re-growth. The contractor shall perform all tree service to ensure a healthy, natural or manicured appearance. Contractor is cautioned to take special care when entering any type of equipment or vehicle on regularly maintained grounds areas. Contractor will restore any damage they make to the grounds while performing tree maintenance, this is to include but is not limited to re-contouring and restoring with native vegetation on any access routes or roads or disturbed areas that are created with one year of weed control. All tree services shall be performed in accordance with commercial and ANSI standards. Tree Removal at High Voltage Power Lines page 1 of 5-- and Environmental Compliance (APPENDIX 1 Including referenced Combined Federal Regulations (Utility Pruning and Emergency Service Restoration) ANSI A300 (Part 1) – Tree Pruning ANSI A300 (Part 3) – Tree Support Systems (Cabling, Bracing, and Guying) ANSI Z60.1 – American Standards for Nursery Stock ANSI Z133.1 – Safety Requirements for Tree Care Operations.

1.3 Maintenance/Spot Pruning Tree Services. The Contracting Officer Representative (COR) shall submit a work order for tree pruning/removal. The contractor shall submit a proposal with a job estimate within (3) working days after the receipt of the work order. Contractor shall complete the work orders as scheduled, which are mutually agreed to by the contractor and the Government. The government reserves the right to reschedule services.

1.3.1 All trees to be trimmed and/or removed between 15 February and 15 August will be assessed for nesting birds and from October 1 through March 31 for overwintering monarch butterflies. through a certified Biologist. Once surveyed and work sent to CEI Natural Resources, the COR will issue a work order for contractor to complete this area within a two-week period. If the area is not completed within the required time limit there will be a work stoppage until it can be reassessed for birds/Monarch butterflies. The COR will contact 30 CES/CEI POC: Tracy Curry 805-606-2044 (tracy.curry.1@spaceforce.mil) or Jen Vicich (jennifer.vicich@spaceforce.mil) or Kathy Loetzerich (kathleen.loetzerich.1@spaceforce.mil) to report all tree trimming and removal, including work tasks and necessary maps of work to be done on VSFB.

1.3.2 Other Environmental Requirements. Ground disturbance associated with tree and stump removal activities may be subject to compliance with Section 106 of the National Historic Preservation Act (54 USC 306108) and may require consultation with the State Historic Preservation Officer and the Santa Ynez Band of Chumash Indians. As a result, archaeological and historical resource survey, testing, and consultation may be required prior to the start of work. All work requests will be reviewed by VSFB cultural resources staff to determine if Section 106 compliance is required. The contractor shall ensure that archaeological and/or historical resources surveys are completed by qualified cultural resources professionals. Work shall not begin until VSFB has completed consultations.

Some areas may be in closed UXO areas, these will require UXO clearance and possible support.

Any trees not accessible from existing roads will need clearance from CEI to create an access path to the site. While driving or cutting trees, contractor needs to be aware of IRP wells, and avoid any damage to them. Any damage will be the contractor’s financial responsibility to repair.

1.4 Tree Removal Services. The COR shall submit a work order through NexGen to remove with or without applying herbicide to trees. The Government will identify the tree requiring removal by marking/tagging the tree or by conducting a site visit with the contractor.

1.4.1 Tree Removal without Herbicide Treatment. The COR shall submit a work order to remove trees. The contractor shall submit a proposal with a job estimate within (3) working days after the receipt of the work order approval. The proposal shall indicate all measurements such as the trunk diameter which is required to classify and quantify the removal services required.

1.4.2 Tree Removal with Herbicide Treatment. The COR shall submit a work order to perform removal and herbicide treatment of Eucalyptus trees. The contractor shall submit a proposal to include: removal, initial and 6 month herbicide treatment with a job estimate within (3) working days after the receipt of the work order approval. Contractor shall apply herbicide to all Eucalyptus trees immediately after the cut while the stump cut is fresh, to prevent any re-growth, the contractor shall then reapply herbicide within 6 months to all previously treated stumps.

1.4.2.1 All pesticides applied on VSFB shall be on the current Armed Forces Pest Management Board (AFPMB) Standard Pesticides List Available to DoD Components and Agencies listing also known as the ‘DoD Approved Pesticide List’ or Attachment 5 of the solicitation. If the contractor desires to use a pesticide that is not on the DoD Approved Pesticide List, the contractor shall provide the Installation Pest Management Coordinator (IPMC) all pertinent information related to the non-standard pesticide. The government will provide an electronic .pdf file after contract award, if required.

This document shall include a comprehensive justification and rationale of why the products on the DoD Approved Pesticide List cannot be used instead of the proposed pesticide, the benefit gained by using the proposed product verses what is already available (i.e. less active ingredient). The IPMC will submit to AFIMSC Entomologist for consideration and possible approval of the proposed pesticide.

1.4.2.2 Contractor shall report all pesticide applications monthly to the IPMC electronically. IPMC will provide the appropriate form or database access (30 CES/CEOES at 805-606-1927) for the contractor to complete by the 5th day of the month for the prior month’s applications. Monthly herbicide reporting facilitates the compliance with Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) for the collection and reporting of all pest management activities.

1.4.2.3 Certification and License. All contractor personnel who apply pesticides on VSFB shall possess a valid California pest control license in the appropriate category for type of work being performed, and the contractor’s company must have a valid California pest control business license and insurance. The State of California Department of Pesticide Regulation Categories for this contract are Residential, Industrial and Institutional (Category A); Landscape Maintenance (Category B); Right of Way (Category C). The contractor shall obtain any county, local, state, or federal permits required for any work to be done or materials to be used, under this contract. The contractor will prepare, maintain, and/or submit to the appropriate state, local, Air Force, or federal agency, any reports/records required by such agency. The contractor shall provide legible copies of all licenses and permits to the IPMC or COR within 15 days of prior to start of work and within two (2) workdays after receipt of replacement license.

1.4.2.4. Pesticide Reporting. Contractor shall report all pesticide applications monthly to the IPMC or COR electronically. IPMC will provide the appropriate form (30 CES/CEOES at 805-606-1927) for the contractor to complete by the 5th day of the month for the prior month’s applications. Monthly reporting facilitates the compliance with Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) for the collection and reporting of all pest management activities.

1.4.2.5 Pesticide Mixing and Storage. “All pesticides shall be mixed and stored off base”. All unused pesticides, empty pesticide containers, and residue shall be disposed of off base. In the event the contractor spills or releases any hazardous substance, the contractor shall immediately notify the government and take appropriate action.

1.4.2.6 The contractor shall obtain approval from the government's hazardous material supply system (known as HAZMART), by processing an Air Force Form 3952, Chemical/Hazardous Material Request Authorization, for all of their hazardous materials with the HAZMART, 30 LRS/LGRMSH, Building 5500, (805) 605-4786 or 605-3870, prior to using any hazardous materials on VSFB.

1.4.2.6.1 All hazardous materials with current Safety Data Sheet shall be processed to the HazMat Tracking Activity (HTA). The HTA will assist processing the hazardous material, initiate registration into EESOH-MIS, and provide training. 30 LRS/LGRMF is the OPR for the HTA and can be reached at (805) 606-4721 or (805) 606-9494. BGI Inc. also supports the HTA and can be reached at (805) 605-3870. Contractor shall report their monthly hazardous materials usage for their activities on VSFB to the HAZMART. By reporting all of the monthly usage through the HAZMART, the contractor shall meet VSFBs reporting requirements for air emissions, EPCRA Toxic Release Inventory (TRI), solvent usage, and hazardous materials.

1.4.3 Power Line Tree Trimming/Removal. When power line tree trimming/removal is performed, industry standards will prevail. Trimming or pruning of trees that touch or hang over energized utility poles or power lines shall be trimmed to a minimum clearance from primary lines (over 600 volts) of 8 feet. Minimum clearance from secondary lines (under 600 volts, i.e. electric service drops, telephone, and cable TV) shall be 4 feet. A minimum clearance of 20 feet per side for 70 kV power distribution lines shall be used for tree removal. Any tree that violates this envelope shall be cut to ground level. Trees that have been identified for removal shall be cut completely to ground level. Trees to be trimmed/removed may cover the distance of one to several power line poles. Each power pole is between 150 to 200 feet apart. The quantity of trees within the power lines varies and may have as few as three to five trees or be very dense and have as many as over one hundred trees. The diameter of a tree may vary from one to greater than five feet.

1.4.3.1 If power disruption is required, the contractor shall coordinate with the COR whom will then coordinate with 30th Civil Engineer (30 CES) Electric shop (CEOFE), so that power can be shut off to ensure the safety of government and contractor personnel and real estate. 30 CES/CEOFE personnel will notify facility occupants of upcoming scheduled outages for power line tree trimming/removal. Any tree work near, over, under, or within 20 feet of either side of a high voltage line will require a coordinated outage to avoid any incidents.

1.5 Stump Grinding. The COR shall submit a work order to grind stumps. The contractor shall submit a proposal with a job estimate within (3) working days after the receipt of the work order. The proposal shall indicate all measurements such as the trunk diameter which is required to classify and quantify the stump grinding services required. The section of the tree remaining after the trunk, leaders, and crown are removed to a height of 1 foot above ground level or less. Stump grinding shall include the removal of the raised mound of roots and soil around the base of the tree and all exposed surface roots within 20 feet of the stump. The holes shall be filled in and compacted with topsoil and seeded/sodded to match the adjacent area to ensure there are no safety hazards.

Performance Standards

Deliverables

1. Proposal within three (3) workdays

1.6 Emergency Service Calls. Contractor shall respond and assess the emergency service work order within one (1) hour during normal duty hours and within two (2) hours during non-duty hours. This fee shall be priced on a Firm-Fixed Price basis to cover costs associated with providing the COR a sufficient proposal and to satisfy the emergency situation.

The COR shall notify the contractor via telephone for all emergency service calls. The COR shall give the contractor verbal agreement to proceed with emergency work. Contractor shall complete the work orders as scheduled, which are mutually agreed to by the contractor and the Government. The contractor shall submit a job estimate within one (1) workday. Emergency service shall include the removal of trees, tree limbs off power lines, structures, roadways and walkways to remove any safety hazards for personnel, vehicles, facilities and equipment (tanks, fences etc.). All debris shall be removed from site.

Performance Standards

Deliverables

1. Proposal within one (1) workday

1.7 Restoration of Grounds/Fences. The contractor shall restore all the grounds in the areas affected by any government tasking. The contractor shall restore the area dressed back to a natural appearance at no additional cost to the government. If required, the contractor shall remove and replace any fence that interferes with the work requested. The contractor shall repair any damage caused by the contractor at no additional cost to the government. Site rehab should be coordinated with 30 CES/CEIEA. At a minimum, soil and native vegetation should be pulled back onto the disturbed area at the original contours to include, but not limited to, any access roads created by the contractor. Site rehab of temporary access roads and ground disturbance will include one year of weed control. Native plant expertise is required to restore the same amount or more of initial native plant cover after one year.

1.8 Work Clearance Requests. The Contractor shall obtain an approved Work Clearance Request for all work which involves excavation including minor digging. Prior to any digging by the Contractor on Vandenberg SFB property, the Contractor shall prepare and obtain coordination on a Work Task, accompanied by an AF Form 103, Digging Permit. Contractor shall identify the area where work is to be performed, nature and purpose of the work being performed (i.e., installing irrigation, landscaping project, etc.), etc. Contractor shall coordinate the Work Task and AF Form 103 with all affected offices (i.e., base-wide utilities, communications, environmental, safety, etc.) to ensure proper monitors are notified and are available for assistance during the pending project, and to avoid damage to any underground cables, utilities, etc.

1.8.1 The contractor shall not begin work until receipt of a signed work order from a COR, has been received. Prior to commencement of work the contractor will coordinate with 30 CES/CEIEA to determine if site visit is required.

1.9 Invoicing. Reserved

2.0 Waste Materials/Weigh-In and Disposal of Tree Materials.

A primary objective of waste/tree material disposal is the responsibility of the contractor to a certified off base location. Any trees removed from VSFB must be weighed and information provided to the government to track diversion weight. Check with the Vandenberg Recycling Center (Bldg. 11510) to ensure they will accept tree materials (logs no longer than 20 inches long and 24 inches in diameter) of useable wood products. With proper coordination and preapproval, methods of diversion can include on-site chipping, leaving cut wood pieces on site for personal or commercial use firewood collectors (these pieces cannot be left by any buildings or facilities located on VSFB), coordinating with log haulers to harvest trees in such a way that the main stems will be transportable on log trucks.

The contractor shall provide a monthly hazardous material usage report to the Base Entomologist located at 1172 Iceland Ave., building 11439. This report shall be submitted within the first five workdays of each month.

2.0.1 Regulatory requirements are mandated as directed by Title 14, California Code of Regulations (CCR) Division 7, Chapter 3.1, Articles 1-3 inclusive.

2.0.2 Chipping/Composting Operations. The contractor shall process (chip/grind) all organic/green waste materials generated under this contract at the job site prior to transport to any local landfill. Larger diameter material can be cut to 14 inches to 16-inch lengths and stacked on site for collection and use by firewood collectors as noted in the work order, some areas wood cannot be left. Slash (forest harvest residue) that is not near facilities that would be harmed by insects or rodents can be left for wildlife habitats or burning later by fire crews, as is practiced by the US Forest Service.

2.0.2.1 The contractor shall not proceed with any regulated activities until authorization/permit is received from 30 CES/CEI. The contractor shall be responsible for complying with all requirements of any permits or registrations issued under the Chipping/ Composting Rule. This rule places limitations on processing and storage of green waste and wood materials generated by chipping/composting type operations. The contractor shall support/comply with regulatory inspections executed under the State/County authority granted by this rule.

2.1 Contractor’s Equipment.

2.1.1 All contractor equipment brought into VSFB for the purpose of fulfilling the requirements of this contract must be taken out on a daily basis, see 3.0, Government Furnished Property (GFP).

2.1.2 All contractor equipment with combustion engines, regardless of horsepower, must be reported to the 30 CES/CEIEC Air Quality Program Manager for inclusion in the base air emissions inventory and verified annually upon request. Please provide equipment type, make, Model, serial number and horsepower of all engines. Annual fuel usage and hours of operation for each piece of equipment shall be reported no later than 15 January of each year for the previous year. New and removed equipment form the contractor’s inventory shall be reported within 30 days of the removal or addition.

2.2 Chippers and Grinders. Chippers/grinders powered by diesel or gasoline fired engines 50 bhp and above must be registered in the California Air Resources Board (CARB) Portable Equipment Registration Program (PERP). Registration in this program is the responsibility of the equipment owner; unregistered equipment shall not be allowed on VSFB. Compliance with the provisions of the registration is the responsibility of the equipment owner. Each equipment unit will have two registrations, one for the combustion emissions from the engine and one for the particulate matter emissions from the grinding/chipping activity. The registrations consist of a paper registration which identifies the equipment, and the recordkeeping/reporting conditions required by CARB. In addition, a sticker with the registration number and expiration date must be affixed to the equipment. If PERP registrations cannot be obtained, the contractor must have a permit to operate (PTO) from the Santa Barbara County Air Pollution Control District valid to operate at various locations in Santa Barbara County.

2.3 Cleaning of Equipment. The contractor shall thoroughly clean (power wash) all equipment prior to entering Vandenberg SFB to prevent the spread of invasive plant seeds. In addition, when working with Pine Trees, all cutting tools such as saws, chippers and grinders shall be cleaned with a disinfectant prior to moving to a new stand of trees to prevent spread of Pine Pitch Cancer. Prior to working on oak or tanoak trees, cutting tools shall be cleaned with appropriate bleach mixture to prevent the spread of any fungus.

2.4 Chainsaws. At job completion, the contractor will be required to provide 30 CES/CEIEC a summary of the fuel usage and hours of operation along with chainsaw identification information (make, model, horsepower, etc.) for each unit operated.

3.0 Government-Furnished Property. NONE

3.1 Damage to Government Facilities and Property. The contractor shall reimburse the Government if details of formal investigation of fire or other damage result in pecuniary liability assessed against the contractor.

3.2 Government-Furnished Services.

3.2.1 Medical Response Services. The Government will provide initial medical treatment for life-threatening emergencies. It shall be the responsibility of the contractor or contractor employee to seek continued medical treatment if needed. The contractor or employee shall reimburse the Government for all Government-provided medical services. The emergency phone number is 911 or if using a cellular phone, the number is 606-3911.

4.0 GENERAL INFORMATION

4.1 Quality Assurance. The Government will monitor the contractor’s performance by performing scheduled and unscheduled surveillance. The Government will also monitor and investigate customer complaints for the purpose of ensuring whether or not the contractor is providing quality service. The Contracting Officer or his/her designated representative may schedule progress meetings as required.

4.2 Normal Business Hours. The hours of operation for the CE Service Contracts section are 06:30 am to 4:00 p.m. local time, Monday through Friday, excluding federal holidays.

4.3.3. Contractor Management Reporting (CMR). The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the US Air Force via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address http://www.ecmra.mil Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the ECMRA help desk.

5.0 SECURITY.

At all times while on Vandenberg SFB premises, contractor employees shall comply with Vandenberg SFB security requirements imposed by the Installation Commander. Contractor shall obtain all necessary passes, decals, badges, or other items required for access to perform contract services at Vandenberg SFB. The contractor shall be responsible for accountability of all such media issued to contractor personnel and these media shall be surrendered to the 30th Security Forces Squadron (30 SFS) Pass and Registration Section upon completion or termination of the contract or upon termination of an individual’s employment with the contractor. The contractor shall comply with all VSFB policies regarding entry to the installation, rules of the road, contingency operations compliance, and photography prohibitions. Contractor employees are authorized entry to the installation only for the purpose of work under this contract and are not authorized in other facilities or areas without prior Government authorization.

5.1 Main Base Access. Current security access restrictions at the Santa Maria Gate (Main Base entry gate) require all contractor vehicles (which are the size of a standard bread delivery truck or larger) to enter only through the Lompoc Gate (located at intersection of Santa Lucia Road and Pine Canyon Road). There is a vehicle check pull-off area at that gate and the contractor will be required to submit to a vehicle search prior to gaining entry to the base. Contractor should plan and allow for delays as a result of in-place security procedures.

5.2 Base Access Letter. To request base access, the contractor shall send a letter to the Contracting Officer. The letter must be on company stationery and shall include: Contractor’s company address and telephone number, the contract number, names of the Contractor Program (On-site) Manager and Contractor Security Manager, and their alternates, requiring access to Vandenberg SFB, their social security numbers, and duty hours. After approval, this letter will be maintained on file with Security Forces at the Visitor’s Control Center, Building 17596. Contractor shall provide this letter at the pre-performance conference and submit updated letters as changes occur. Entry requirements are subject to change, without notice, due to installation and world situations.

5.3 Contractor Personnel. Upon employment, and after the contractor’s base access letter is on file with the Security Forces, all contractor employees shall apply for vehicle passes and individual identification badges at the Vandenberg SFB 30 SFS, Visitor's Control Center, Building 17596. Passes may be picked up Monday through Friday prior to 3:30 p.m. No appointment is necessary. The contractor shall surrender all passes and identification badges to the 30th SFS on the first workday following completion or termination of the contract or contractor’s employee’s employment.

5.3.1 The contractor shall not employ persons for work on this contract if such employee is identified to the contractor by the 30th Security Forces Squadron (30 SFS) as a potential threat to the health, safety, security, general well-being, or operational mission of the installation and its population.

5.4 Contractor Vehicles. Each contractor vehicle shall have the name of the contractor exhibited on each side of the vehicle. The contractor shall provide company identification tags and vehicle identification at no additional cost to the Government

5.5 Government Liability.

5.5.1 Loss or Damage. The Government will not be liable for any loss or damage to the contractor’s property or for expenses incidental to such loss or damage unless caused by the Government.

5.5.2 Fines Assessed Against the Government. The Government will retain amounts otherwise due the contractor an amount equal to any fines assessed against the Government as a result of the contractor’s failure to perform in accordance with the terms of this contract or in the event that a regulatory agency issues a Notice of Violation (NOV).

6.0 Service Summary (SS).

The SS identifies the key performance objectives for the services and the associated performance thresholds that must be attained by the Contractor, and over which the Government will exercise surveillance. The omission of any PWS or contract requirement from the SS shall not be construed as a waiver by the Government to enforce the performance of that requirement by Contractor or a waiver of any rights or remedies by the Government against Contractor for non-performance of that requirement.

Table 1 Key Performance Objectives

Very Good: 1 defect Satisfactory: 2 defects Unsatisfactory: more than 3 defects Customer Complaint;

100% Inspection; Periodic Validation

Very Good: 1 defect Satisfactory: 2 defects Unsatisfactory: more than 3 defects

100% Inspection; Periodic Validation

Very Good: 1 defect Satisfactory: 2 defects Unsatisfactory: more than 3 defects

100% Inspection; Periodic Validation

Very Good: 1 defect Satisfactory: 2 defects Unsatisfactory: more than 3 defects Customer Complaint;

100% Inspection; Periodic Validation

7.0 Biologist Services.

For all Tree Trimming/Removal services needing to be accomplished within nesting season (15 February – 15 August), the Contractor must subcontract a qualified biologist to conduct bird surveys. Work delays can occur if an active nest (eggs or chicks) are found within the work area. Most species of birds on Vandenberg SFB are protected by the Migratory Bird Treaty Act (MBTA), and Executive Order 13186.

APPENDIX 1: ENVIRONMENTAL COMPLIANCE (Migratory Bird Treaty Act) Migratory Bird Treaty Act of 1918 (16 U.S.C. 703-712; Ch. 128; July 3, 1918; 40 Stat. 755) as amended by: Chapter 634; June 20, 1936; 49 Stat. 1556; P.L. 86-732; September 8, 1960; 74 Stat. 866; P.L. 90-578; October 17, 1968; 82 Stat. 1118; P.L. 91-135; December 5, 1969; 83 Stat. 282; P.L. 93-300; June 1, 1974; 88 Stat. 190; P.L. 95-616; November 8, 1978; 92 Stat. 3111; P.L. 99-645; November 10, 1986; 100 Stat. 3590 and P.L. 105-312; October 30, 1998; 112 Stat. 2956 The original 1918 statute implemented the 1916 Convention between the U.S. and Great Britain (for Canada) for the protection of migratory birds. Later amendments implemented treaties between the U.S. and Mexico, the U.S. and Japan, and the U.S. and the Soviet Union (now Russia).

Specific provisions in the statute include:

· Establishment of a Federal prohibition, unless permitted by regulations, to "pursue, hunt, take, capture, kill, attempt to take, capture or kill, possess, offer for sale, sell, offer to purchase, purchase, deliver for shipment, ship, cause to be shipped, deliver for transportation, transport, cause to be transported, carry, or cause to be carried by any means whatever, receive for shipment, transportation or carriage, or export, at any time, or in any manner, any migratory bird, included in the terms of this Convention . . . for the protection of migratory birds . . . or any part, nest, or egg of any such bird." (16 U.S.C. 703) This prohibition applies to birds included in the respective international conventions between the U.S. and Great Britain, the U.S. and Mexico, the U.S. and Japan, and the U.S. and Russia.

· Authority for the Secretary of the Interior to determine, periodically, when, consistent with the Conventions, "hunting, taking, capture, killing, possession, sale, purchase, shipment, transportation, carriage, or export of any . . .bird, or any part, nest or egg" could be undertaken and to adopt regulations for this purpose. These determinations are to be made based on "due regard to the zones of temperature and to the distribution, abundance, economic value, breeding habits, and times of migratory flight." (16 U.S.C. 704)

· A decree that domestic interstate and international transportation of migratory birds which are taken in violation of this law is unlawful, as well as importation of any migratory birds which are taken in violation of Canadian laws. (16 U.S.C. 705)

· Authority for Interior officials to enforce the provisions of this law, including seizure of birds illegally taken which can be forfeited to the U.S. and disposed of as directed by the courts. (16 U.S.C. 706)

· Establishment of fines for violation of this law, including misdemeanor charges. (16 U.S.C. 707)

· Authority for States to enact and implement laws or regulations to allow for greater protection of migratory birds, provided that such laws are consistent with the respective Conventions and that open seasons do not extend beyond those established at the national level. (16 U.S.C. 708)

· A repeal of all laws inconsistent with the provisions of this Act. (16 U.S.C. 710)

· Authority for the continued breeding and sale of migratory game birds on farms and preserves for the purpose of increasing the food supply. (16 U.S.C. 711) The 1936 statute implemented the Convention between the U.S. and Mexico for the Protection of Migratory Birds and Game Mammals. Migratory bird import and export restrictions between Mexico and the U.S. were also authorized, and in issuing any regulations to implement this section, the Secretary of Agriculture was required to consider U.S. laws forbidding importation of certain mammals injurious to agricultural and horticultural interests. Monies for the Secretary of Agriculture to implement these provisions were also authorized.

The 1960 statute (P.L. 86-732) amended the MBTA by altering earlier penalty provisions. The new provisions stipulated that violations of this Act would constitute a misdemeanor and conviction would result in a fine of not more than $500 or imprisonment of not more than six months. Activities aimed at selling migratory birds in violation of this law would be subject to fine of not more than $2000 and imprisonment could not exceed two years. Guilty offenses would constitute a felony. Equipment used for sale purchases was authorized to be seized and held, by the Secretary of the Interior, pending prosecution, and, upon conviction, be treated as a penalty.

Section 10 of the 1969 amendments to the Lacey Act (P.L. 91-135) repealed the provisions of the MBTA prohibiting the shipment of wild game mammals or parts to and from the U.S. or Mexico unless permitted by the Secretary of the Interior. The definition of "wildlife" under these amendments does not include migratory birds, however, which are protected under the MBTA.

The 1974 statute (P.L. 93-300) amended the MBTA to include the provisions of the 1972 Convention between the U.S. and Japan for the Protection of Migratory Birds and Birds in Danger of Extinction. This law also amended the title of the MBTA to read: "An Act to give effect to the conventions between the U.S. and other nations for the protection of migratory birds, birds in danger of extinction, game mammals, and their environment."

Section 3(h) of the Fish and Wildlife Improvement Act of 1978 (P.L. 95-616) amended the MBTA to authorize forfeiture to the U.S. of birds and their parts illegally taken, for disposal by the Secretary of the Interior as he deems appropriate. These amendments also authorized the Secretary to issue regulations to permit Alaskan natives to take migratory birds for their subsistence needs during established seasons. The Secretary was required to consider the related migratory bird conventions with Great Britain, Mexico, Japan, and the Soviet Union in establishing these regulations and to establish seasons to provide for the preservation and maintenance of migratory bird stocks.

Public Law 95-616 also ratified a treaty with the Soviet Union specifying that both nations will take measures to protect identified ecosystems of special importance to migratory birds against pollution, detrimental alterations, and other environmental degradations. (See entry for the Convention Between the United States of America and the Union of Soviet Socialist Republics Concerning the Conservation of Migratory Birds and Their Environment; T.I.A.S. 9073; signed on November 19, 1976, and approved by the Senate on July 12, 1978; 92 Stat. 3110.)

Public Law 99-645, the 1986 Emergency Wetlands Resources Act, amended the Act to require that felony violations under the MBTA must be "knowingly" committed.

P.L. 105-312, Migratory Bird Treaty Reform Act of 1998, amended the law to make it unlawful to take migratory game birds by the aid of bait if the person knows or reasonably should know that the area is baited. This provision eliminates the "strict liability" standard that was used to enforce Federal baiting regulations and replaces it with a "know or should have known" standard. These amendments also make it unlawful to place or direct the placement of bait on or adjacent to an area for the purpose of taking or attempting to take migratory game birds and makes these violations punishable under title 18 United States Code, (with fines up to $100,000 for individuals and $200,000 for organizations), imprisonment for not more than 1 year, or both. The new amendments require the Secretary of Interior to submit to the Senate Committee on Environment and Public Works and the House Committee on Resources a report analyzing the effect of these amendments and the practice of baiting on migratory bird conservation and law enforcement. The report to Congress is due no later than five years after enactment of the new law.

P.L. 105-312 also amends the law to allow the fine for misdemeanor convictions under the Migratory Bird Treaty Act to be up to $15,000 rather than $5000.

Section 106 of the National Historic Preservation Act Compliance Ground disturbance associated with tree and stump removal activities may be subject to compliance with section 106 of the National Historic Preservation Act (54 USC 306108) and may require consultation with the State Historic Preservation Officer and the Santa Ynez Band of Chumash Indians. As a result, archaeological and historical resource survey, testing, and consultation may be required prior to the start of work. All work requests will be reviewed by VSFB cultural resources stall to determine if Section 106 compliance is required. The contractor shall ensure that archaeological and/or historical resources surveys are completed by qualified cultural resources professionals. Work shall not begin until VSFB has completed consultations.

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