B08_Attachment 1 - Performance Work Statement 2022004-13.pdf

PERFORMANCE WORK STATEMENT (PWS)

FOR

MORRIS K. UDALL AND STEWART L. UDALL FOUNDATION (UDALL)

National Center for Environmental Conflict Resolution Collaboration and Conflict Resolution Project Services

West Coast Tribal Cultural Landscape Assessment for the Bureau of Ocean Energy Management 2022004-13 10/18/2023

1.0 SCOPE. This performance work statement (PWS) defines the requirements for the Contractor to provide investigative delivery services for the John S. McCain III National Center for Environmental Conflict Resolution’s (National Center)’s West Coast Tribal Cultural Landscape Assessment for the Bureau of Ocean Energy Management.

1.1 Background.

With the passage of the Energy Policy Act of 2005, the Bureau of Ocean Energy Management (BOEM) assumed jurisdiction for some types of renewable energy development on the Outer Continental Shelf (OCS), including wind energy development. Planning for potential offshore wind energy leasing and development is underway in the BOEM Pacific Region, and BOEM is required under multiple statutes (the OCS Lands Act, the National Environmental Policy Act [NEPA], and the National Historic Preservation Act [NHPA]) to take into consideration the impacts of its approved OCS activities on archaeological and cultural resources and traditional cultural properties. BOEM is currently engaged in planning efforts related to leasing and possible future development of wind energy activities offshore California (Morro Bay and Humboldt Bay) and Oregon (Coos Bay and Brookings). BOEM also has received two unsolicited lease requests for wind development offshore Washington, which are currently under agency review. (Please note that BOEM has not yet made any decisions on the unsolicited lease requests offshore Washington;

additionally, BOEM has no authority over any activities within the boundaries of the Olympic Coast National Marine Sanctuary.)

Understanding the types and locations of significant archaeological and cultural resources is essential to their preservation and consideration during offshore wind energy development planning. These include, among others, resources, and areas important to the archaeology and history of the U.S. West Coast, as well as resources and areas—both traditional and modern— important to Native American Tribal Nations. Impacts to these resources and areas of importance can include, among others, physical disturbances to archaeological sites and cultural use areas (both along the coast and offshore), effects on species of cultural significance and their habitats (including species important for subsistence, ceremonies, economic health, and spiritual life), and viewshed alterations to sacred places from offshore installations. Government-to-Government consultation is required under various Federal laws and policies to identify potential impacts (c.f., NHPA, NEPA, E.O. 13175, etc.) and to uphold the sovereignty of Tribal Nations. Comprehensive information on the types and locations of https://www.boem.gov/renewable-energy/state-activities/california https://www.boem.gov/renewable-energy/state-activities/Oregon historically and culturally significant resources, including areas of Tribal use and significance, does not exist in a useable form for offshore wind energy planning or analytical purposes.

Native American Tribal Nations and communities (Tribes) have a special and unique relationship with, and understanding of the landscape, and appropriate documentation and characterization of Tribal cultural use areas must include Tribal engagement and input.

Recognizing the significance of this information, the Advisory Council on Historic Preservation (ACHP) completed a Native American Traditional Cultural Landscapes Action Plan in 2011 to acknowledge and help identify these places of Tribal significance. The plan was developed in response to three main factors: improvements in Federal agency consultation with Tribes;

greater recognition of Tribes' expertise in identifying historic properties of significance to them; and increasing development pressures in places not previously developed. The plan lays out numerous action items intended to "promote the recognition and protection of Native American traditional cultural landscapes both within the Federal government and the historic preservation community as well as at the state and local levels," and to "address the challenges of the consideration of Native American traditional cultural landscapes in the Section 106 review process as well as in NEPA reviews (ACHP, 2011).”

Likewise, BOEM previously funded a study on Characterizing Tribal Cultural Landscapes (TCL) (Ball et al., 2015; Ball et al., 2017a; Ball et al. 2017b). The study included a proactive and indigenous-led approach for agencies and Tribes to work together to identify areas of Tribal significance, three Tribal case studies along the West Coast, and the following definition of TCL agreed upon by participating Tribes:

A TCL is any place in which a relationship, past or present, exists between a spatial area, resource, and an associated group of Indigenous people whose cultural practices, beliefs, or identity connects them to that place. A TCL is determined by and known to a culturally related group of Indigenous people with relationships to that place.

BOEM needs a better understanding of the types of TCL that could be affected by offshore wind energy development for consideration in its leasing decisions, NEPA and NHPA reviews, offshore wind plan reviews, and in direct response to recommendations from Tribes.

To gain this understanding, BOEM is partnering with the John S. McCain III National Center for Environmental Conflict Resolution (National Center), a program of the Udall Foundation, to perform a Tribal Cultural Landscape Assessment (TCLA) for the region described above. A TCLA is an assessment that identifies best practices and general resources significant to Tribal communities. This may include a guide describing processes for identifying TCLs, including common terminology; best practices for consultation; conducting limited case studies identifying TCLs within separate communities; and a final report detailing the process for identifying TCLs. (It is important to note that data collected from the case studies will be treated as sensitive information; individual Tribes will define what data is shared with BOEM.)

This effort will implement a holistic cultural landscape approach, which integrates environmental science with historical, archaeological, and Indigenous traditional knowledge to provide a robust, transparent, and cost-effective process to document places and resources of https://www.achp.gov/sites/default/files/guidance/2018-06/NativeAmericanTCLActionPlanNovember232011.pdf past and present significance to coastal Tribal Nations. The cultural landscape approach recognizes that places and cultural heritage resources can have different or multiple meanings and levels of significance based on how people from different cultures, times, or backgrounds have interacted with the respective landscapes. Implementing this approach brings equity and visibility to Tribes. It increases the likelihood that cultural heritage resources will be recognized and appropriately respected as decisions are made about offshore wind energy projects' siting and potential effects.

2.0 APPLICABLE DOCUMENTS. The following documents are incorporated by reference to and form a part of this PWS. Documents and/or weblinks to the applicable documents are provided. The Contractor is responsible for obtaining and abiding by the most current and approved versions of all applicable references listed with webpage links below.

a. Advisory Council on Historic Preservation’s Native American Traditional Cultural Landscapes

Action Plan: https://www.achp.gov/sites/default/files/guidance/2018- 06/NativeAmericanTCLActionPlanNovember232011.pdf

b. BOEM OCS Study 2015-047, A Guidance Document for Characterizing Tribal Cultural Landscapes: https://www.boem.gov/sites/default/files/environmental-stewardship/Environmental-Studies/Pacific-Region/Studies/BOEM-2015-047.pdf

c. BOEM OCS Study 2017-023, A Guidance Document for Characterizing Native Hawaiian Cultural Landscapes: https://espis.boem.gov/final%20reports/5621.pdf

d. Executive Order 13175, Consultation and Coordination with Indian Tribal Governments:

https://www.federalregister.gov/documents/2000/11/09/00-29003/consultation-and-coordination-with-indian-tribal-governments

e. Federal Travel Regulations: https://www.gsa.gov/policy-regulations/regulations/federal-travel-regulation-ftr#:~:text=The%20Federal%20Travel%20Regulation%20(FTR)%20summarizes%20the%20tr avel,conducted%20in%20a%20responsible%20and%20cost%20effective%20manner

f. National Environmental Policy Act, as amended: (42 USC 4321 [Purpose] and 42 USC 4331- 4335 [Policies and Goals])

a. Environmental Impact Statements (40 CFR 1502)

b. Implementation of the National Environmental Policy Act (43 CFR 46)

c. Procedures for the Implementation of the National Environmental Policy Act (36 CFR

805)

g. National Historic Preservation Act, as amended: (54 USC 300101 et seq.: Historic

Preservation).

3.0 TASKS.

3.1 Potentially Sensitive Information Protocols Development - The Contractor shall work with the National Center to identify and implement protocols to address potentially sensitive information. Any sensitive information will be excluded from the report.

Where appropriate, the Contractor may identify protocols for future consultation and https://www.achp.gov/sites/default/files/guidance/2018-06/NativeAmericanTCLActionPlanNovember232011.pdf https://www.achp.gov/sites/default/files/guidance/2018-06/NativeAmericanTCLActionPlanNovember232011.pdf https://www.boem.gov/sites/default/files/environmental-stewardship/Environmental-Studies/Pacific-Region/Studies/BOEM-2015-047.pdf https://www.boem.gov/sites/default/files/environmental-stewardship/Environmental-Studies/Pacific-Region/Studies/BOEM-2015-047.pdf https://espis.boem.gov/final%20reports/5621.pdf https://www.gsa.gov/policy-regulations/regulations/federal-travel-regulation-ftr#:%7E:text=The%20Federal%20Travel%20Regulation%20(FTR)%20summarizes%20the%20travel,conducted%20in%20a%20responsible%20and%20cost%20effective%20manner https://www.gsa.gov/policy-regulations/regulations/federal-travel-regulation-ftr#:%7E:text=The%20Federal%20Travel%20Regulation%20(FTR)%20summarizes%20the%20travel,conducted%20in%20a%20responsible%20and%20cost%20effective%20manner https://www.gsa.gov/policy-regulations/regulations/federal-travel-regulation-ftr#:%7E:text=The%20Federal%20Travel%20Regulation%20(FTR)%20summarizes%20the%20travel,conducted%20in%20a%20responsible%20and%20cost%20effective%20manner https://www.gsa.gov/policy-regulations/regulations/federal-travel-regulation-ftr#:%7E:text=The%20Federal%20Travel%20Regulation%20(FTR)%20summarizes%20the%20travel,conducted%20in%20a%20responsible%20and%20cost%20effective%20manner http://uscode.house.gov/view.xhtml?req=(title:42%20section:4321%20edition:prelim)%20OR%20(granuleid:USC-prelim-title42-section4321)&f=treesort&edition=prelim&num=0&jumpTo=true http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title42-chapter55-subchapter1&saved=%7CKHRpdGxlOjQyIHNlY3Rpb246NDMzMSBlZGl0aW9uOnByZWxpbSkgT1IgKGdyYW51bGVpZDpVU0MtcHJlbGltLXRpdGxlNDItc2VjdGlvbjQzMzEp%7CdHJlZXNvcnQ%3D%7C%7C0%7Cfalse%7Cprelim&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title42-chapter55-subchapter1&saved=%7CKHRpdGxlOjQyIHNlY3Rpb246NDMzMSBlZGl0aW9uOnByZWxpbSkgT1IgKGdyYW51bGVpZDpVU0MtcHJlbGltLXRpdGxlNDItc2VjdGlvbjQzMzEp%7CdHJlZXNvcnQ%3D%7C%7C0%7Cfalse%7Cprelim&edition=prelim http://www.ecfr.gov/cgi-bin/text-idx?SID=b41d6a9b1574f55cca9a7602ee7bbc06&tpl=/ecfrbrowse/Title40/40cfr1502_main_02.tpl http://www.ecfr.gov/cgi-bin/text-idx?SID=f0f1370b3e18375383a1e55bf5674ee7&tpl=/ecfrbrowse/Title43/43cfr46_main_02.tpl http://www.ecfr.gov/cgi-bin/text-idx?SID=10731ab251a33fa8c72e71e5a6da487e&node=pt36.3.805&rgn=div5 http://www.ecfr.gov/cgi-bin/text-idx?SID=10731ab251a33fa8c72e71e5a6da487e&node=pt36.3.805&rgn=div5 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title54-subtitle3&saved=%7CKHRpdGxlOjU0IHNlY3Rpb246MzAwMTAxIGVkaXRpb246cHJlbGltKSBPUiAoZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU1NC1zZWN0aW9uMzAwMTAxKQ%3D%3D%7CdHJlZXNvcnQ%3D%7C%7C0%7Cfalse%7Cprelim&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title54-subtitle3&saved=%7CKHRpdGxlOjU0IHNlY3Rpb246MzAwMTAxIGVkaXRpb246cHJlbGltKSBPUiAoZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU1NC1zZWN0aW9uMzAwMTAxKQ%3D%3D%7CdHJlZXNvcnQ%3D%7C%7C0%7Cfalse%7Cprelim&edition=prelim memorialize those in memoranda of understanding or other appropriate documentation between BOEM and each respective Tribe.

3.2 Participation in Inter-Tribal Working Group – the Contractor shall participate in working group meetings, which are an opportunity for participating Tribes within a region to address common issues; learn about relevant topics (e.g., offshore wind development, NEPA, NHPA); develop shared definitions, terminology lists, report templates, and approaches for handling confidential data as needed; and develop joint messaging for BOEM around areas of common concern, if applicable. The goal, composition, and number of working groups in an area will depend on the needs and interests of participating Tribes.

Estimate: one 1-day in-person meeting in San Francisco for one staff, three 2-hour virtual meetings for two staff.

3.3 Development of Tribal Cultural Landscape Assessment (TCLA) – the Contractor shall:

3.3.1 Information Review & Area Identification: Review BOEM's Cultural Landscapes Guidance Documents (Ball et al., 2015; Van Tilburg et al., 2017),the National Center situation assessment, and other relevant TCL information and utilize it to identify a specific area in which to develop a TCL assessment in the context of offshore wind development. TCLAs will identify Tribal cultural landscapes within predefined study areas and will incorporate, at a minimum, the following project parameters:

o The TCLAs will focus on areas that include coastal and offshore areas of Tribal significance within areas that could be affected by offshore wind energy development. The Contractor shall select the final content and format of their TCLA.

o The TCLAs will implement the methodology specifically related to the Tribal cultural knowledge and practice of the participating Tribes. The types of cultural resource information to be identified may include traditional cultural properties, information related to traditional gathering, hunting, fishing, and other subsistence and commercial activities, as well as those related to spiritual and ceremonial sites and activities. Data types to be utilized for project activities may include, for example, oral histories, archival research, field investigations, and visits to select type-sites.

3.3.2 Create/Update Data Inventory: Compile existing data, enter it into a Tribally controlled database, and create an inventory to determine what data exist and what is still needed. This phase may include but is not limited to: (1) creation and/or updating of a database structure; (2) training on the use of the database; (3) compiling data into the database; and (4) analyzing data for https://www.boem.gov/sites/default/files/environmental-stewardship/Environmental-Studies/Pacific-Region/Studies/BOEM-2015-047.pdf https://espis.boem.gov/final%20reports/5621.pdf themes, areas of concern, gaps, and potential vulnerabilities to offshore wind development.

3.3.3 Conduct Ethnographic & Field Research: Conduct research to identify types and locations of important Tribal cultural resources (all sensitive data will remain internal to the Tribe and will not be shared), which may include oral histories, field research, or archival research and may involve travel to specific locations. This phase may include but is not limited to (1) conducting outreach to Tribal members to share information on the TCLs and identify potential traditional cultural properties, traditional knowledge of the area and its uses, cultural use sites, and use activities within the study area [outreach methods may include, but are not limited to: (a) informational meetings, (b) notices in Tribal newsletters, (c) special mailings to Tribal member households, (d) roundtable discussions, (e) elder engagement, and

(f) other culturally appropriate outreach methods]; (2) identifying Tribal elders and other Tribal members who are familiar with the study areas; (3) gathering oral histories; (4) gathering relevant information from existing historical documents; and/or (5) conducting field investigations to gather natural/cultural resource information.

3.3.4 Provide a Tribal Cultural Landscape report and a Technical Summary in accordance with CDRLs A002 and A003.

3.4 OPTIONAL TASK: Analysis, Synthesis, and Geolocation: Building on previous work that has been done to identify types and locations of important Tribal cultural resources (such as oral histories, field research, or archival research), the Contractor shall analyze and synthesize the existing information to produce a summary or story detailing the Tribes’ relationship to the identified resources and the importance of those resources.

If desired, the Contractor may geospatially reference the information on the potentially affected TCLs (all sensitive data will remain internal to the Tribes and will not be shared). In coordination with the National Center, the Contractor shall determine the best way to convey the information to BOEM, which may include but is not limited to written narrative reports, maps, story maps, or oral accounts captured on video.

3.4.1 Provide a Tribal Cultural Landscape report addendum and a Technical Summary addendum in accordance with CDRL A004.

4.0 PERFORMANCE REQUIREMENTS. Listed below are the main performance standards for this task order requirement. These standards represent “Satisfactory” performance.

PERFORMANCE REQUIREMENTS SUMMARY TABLE

Performance Objective PWS Paragraph Performance Standard Tribal Cultural Landscape Report

PWS 3.3 STD: Includes all required information, per the associated CDRL.

- AND -

Responses to 90% of comments on the draft.

Final delivered within 30 calendar days of receipt of government comments, as identified in the associated

CDLR.

Technical Report PWS 3.3 STD: Includes all required calendar days of receipt of government comments, as identified in the associated

CDLR.

Monthly Status Report PWS 3.0 STD: Includes all required

Each monthly report is delivered with no more than 2 uncorrected errors, as provided by the Government upon report review.

- AND –

Delivered within ten (10) days of the end of each calendar month, per the associated

CDRL

Optional Tribal Cultural Landscape Report and Technical Summary Addendum

PWS 3.4 STD: Includes all required

- AND –

calendar days of receipt of government comments, as identified in the associated

CDRL.

5.0 DELIVERABLES: The Contractor shall provide the following deliverables. These deliverables will become property of the U.S. Government upon delivery.

CDRL CDRL Number Paragraph Reference

Schedule

Monthly Status Reports A001 PWS 3.0

Within ten (10) days of the end of each calendar month, commencing one month after contract award.

Tribal Cultural Landscape Report A002 PWS 3.3

DRAFT Report shall be completed within seventeen

(17) months after contract award. FINAL Report shall be completed within 30 calendar days after receipt of Government comments on

DRAFT report.

Technical Summary Report A003 PWS 3.3

DRAFT Report shall be completed within seventeen

(17) months after contract award. FINAL Report shall be completed within 30 calendar days after receipt of Government comments on

DRAFT report.

Optional Tribal Cultural Landscape Report and Technical Summary Addendum

A004 PWS 3.4

Draft addendum should be completed twelve (12) months after the option is exercised.

Final addendum should be completed 30 calendar days after receipt of Government comments on DRAFT report.

6.0 GOVERNMENT FURNISHED PROPERTY (GFP) AND/OR INCIDENTAL PROPERTY.

6.1 There is no GFP on this contract.

7.0 CONTRACTOR FURNISHED EQUIPMENT (CFE). The Contractor will provide the supplies needed to carry out the research and the computer hardware and software needed to integrate the data into a Tribally controlled database.

8.0 SECURITY. All Contractors in support of this contract must comply with these requirements.

8.1 Contractor Identification.

1. The Contractor must ensure each of its employees who will be involved in the performance of the contract, on a Government facility and in all meetings, wear an identification (ID) badge provided by the National Center. The ID badge shall clearly display the Contractor's name and the employee's name. It is the Contractor's responsibility to ensure that all contractor personnel always wear the ID badge when performing work under this contract. Unless otherwise specified in the contract, each contractor employee shall wear the ID badge in a conspicuous place on the front of their clothing and above their waist, except when safety or health reasons prohibit such placement.

2. Contractor personnel shall clearly identify themselves to all attendees as a contractor employee before the commencement of meetings with Government or other contractor personnel.

Contractor personnel shall clearly and immediately identify themselves as a contractor employee when placing, answering, or participating in telephone/VTC conversations with Government or other contractor personnel.

3. When contractor personnel send e-mail messages from or to a Government-owned computer, they shall include a signature block that includes their employer's name, and the employee's full name and e-mail address.

4. Each of the requirements set forth in paragraphs 1-3, above must be included in all subcontracts at any tier.

8.2 Management of Tribal Data

This project includes the handling of sensitive Tribal information. Information and data that may qualify as sensitive are locations, density, relationship to, abundance or presence of rare, Federal and State-listed species of plants and animals; sites, plants, and animals of cultural significance;

archeological resources; historic sites and structures; and Indian sacred sites. In some cases, certain data and/or information records should be protected under state laws. Location/presence data and information of sensitive resources found in spatial data, maps, narrative descriptions, or databases indicating site-specific locations are protected for all Federally funded and permitted projects. If any of the following statutes are applicable to the project, additional care must be taken to protect the location and access of any related sensitive data and information.

● Indian Sacred Sites - Executive Order No. 13007: Indian Sacred Sites Federal agencies are required to avoid adversely affecting the physical integrity of Indian sacred sites and where appropriate, agencies shall maintain the confidentiality of sacred site locations.

● Cultural and Natural Resources - National Parks Omnibus Management Act (16 U.S.C.

5937) This statute prohibits the release of information regarding the nature and specific location of certain cultural and natural resources in the National Park System. Information prohibited from release includes the location of endangered or threatened species–specifically maps or narrative descriptions indicating site specific locations. The law also identifies conditions under which the Secretary may release this information. Note: This statute is only applicable to national park resources. However, if a species originates from that park and migrates outside of the park boundary, this location information may also be protected (e.g., a National Wildlife Refuge location of a pair of bald eagles that have their primary breeding site located within a national park).

● Historic Sites and/or Structures - National Historic Preservation Act (16 U.S.C. 470w-3) This statute prohibits the release of information about the location, character, or ownership of certain historic resources under certain circumstances. This law also identifies conditions under which the Secretary may release this information

● Caves - Federal Cave Resources Protection Act (16 U.S.C. 4304) This statute prohibits making information concerning the specific location of any significant cave available under FOIA except under certain circumstances.

● Archeological Sites and Resources - Archaeological Resources Protection Act (16 U.S.C.

470hh) This statute prohibits the release, under FOIA or any other law, of information concerning the nature and location of certain archeological resources. This law also identifies conditions under which the Secretary may release this information.

Given that this project may involve information, relationships, and locations regarding resources, intellectual property (e.g., Indigenous traditional ecological knowledge), and sensitive sites of Tribal cultural significance that do not necessarily fall under the above statutes, it is important to consider additional guidance for addressing confidentiality concerns and for maintaining a clear Tribal connection to that data in the accompanying metadata schema. To assist with these goals, resources and guidance are included in Appendix B.

If the Tribe has any existing codes or policies (or any are developed through Task 3.1 above), the Contractor and any subcontractors should adhere to those Tribal codes and policies.

Furthermore, it is recommended that sensitive Tribal documents and data developed or shared as part of this agreement be protected within computer network systems. Suggestions for accessing, managing, or generalizing sensitive Tribal data in documents that will be shared with the public are included in Appendix B.

8.3 Publication Review and Citing BOEM’s support

Any draft manuscripts of any publications or presentations relating to the tasks above or information being collected in this requirement should be submitted to the Government for a courtesy review and comment prior to submittal to the publisher or conference authority. Final copies of such publications and presentations (oral and/or poster) should also be provided when available.

Because of the interagency agreement between the federal agencies BOEM and the Morris K. Udall Foundation that funds the requirement, all publications related to the tasks above should acknowledge BOEM’s support and, if appropriate, include BOEM’s logo. Additionally, the development of story maps should be considered for uploading to MarineCadastre.gov, as appropriate.

9.0 PLACE AND PERIOD OF PERFORMANCE.

9.1 Place of Performance. The place of performance will be at the Contractor’s facility.

9.2 Period of Performance. The period of performance is estimated 22 January 2024 through

21 July 2025.

10.0 TRAVEL. It is the responsibility of the Contractor to obtain all necessary travel documents to execute travel as required. The Contractor will be authorized travel expenses consistent with the substantive provisions of the Federal Travel Regulations (FTR), the Federal Acquisition Regulation file://institute.ecr.gov/officedocuments/Office/Contracting%20Info/2%20-%20Contracts/SOWs%20in%20Progress/2022004%20Tribal%20Cultural%20Landscape%20(TCL)%20Study%20Compilation/Santa%20Ynez/Working%20Documents/A02%20FINAL_PWS%202022004-6.docx#_Appendix_B:__1 file://institute.ecr.gov/officedocuments/Office/Contracting%20Info/2%20-%20Contracts/SOWs%20in%20Progress/2022004%20Tribal%20Cultural%20Landscape%20(TCL)%20Study%20Compilation/Santa%20Ynez/Working%20Documents/A02%20FINAL_PWS%202022004-6.docx#_Appendix_B:__1

(FAR) 31.205-46 and the limitation of funds specified in this contract. Local travel costs are not authorized.

11.0 MATERIALS/OTHER DIRECT COSTS (ODCs).

The contractor is responsible for providing all required materials during performance of the tasks.

12.0 QUALITY CONTROL (QC). QC shall be performed in accordance with the Quality Assurance Surveillance Plan (QASP) to ensure that the standards outlined in paragraph 4.0 of this PWS are met. The Government Quality Assurance Surveillance Plan (QASP) is provided separately as a reference/informational. It is noted that the QASP is not a part of the contract/task order nor is it intended to duplicate the Contractor’s QCP.

Appendix A: BOEM West Coast Tribal Cultural Landscapes Assessment Needs Assessment Summary

February 9, 2022

Overview of the West Coast Tribal Cultural Landscapes Assessment Background1 BOEM is currently considering potential wind energy leasing in several areas offshore California and Oregon.

Multiple Native American Tribal Nations are known to have current or ancestral ties to these areas and possess knowledge of cultural resources and currently submerged cultural sites in these areas. Cultural resources, and particularly sites that are submerged, are still a source of cultural significance and thus become “deeply intertwined with the tribe’s current issues with federal land management practices,” (Garrett 2009). During information meetings with West Coast Tribal Nations for California offshore wind energy planning, Tribes requested that BOEM and its planning partners identify archaeological and cultural resources and areas of cultural sensitivity well ahead of project siting. Specifically, Tribes recommended:

that such work be carried out via ethnographic and oral history inquiries with Tribal people; that any model for cultural resource data collection should accommodate many Tribes; and that analysis of Tribal cultural resources be non-invasive and culturally sensitive (Kearns & West 2018). For offshore wind energy planning in Oregon, the deep Tribal ties to the ocean and connected lands and resources were highlighted in a study idea submitted to BOEM’s Environmental Studies Program (ESP) by a group including multiple Tribal representatives. The study idea submittal also described the need for Tribes to define their own cultural resources and landscapes and the potential impacts from offshore wind development.

Understanding the types and locations of significant archaeological and cultural resources is essential to their preservation and consideration during planning for offshore renewable energy development. This effort will implement the framework of the Guidance Document for Characterizing Tribal Cultural Landscapes (Guidance Document) (Ball et al. 2015), which integrates environmental science with historical, archaeological, and traditional knowledge. The cultural landscape approach recognizes that places and resources can have different or multiple meanings and levels of significance based on how people from different cultures, times, or backgrounds have interacted with the respective landscapes. Implementing this holistic approach increases the likelihood that cultural heritage resources will be identified, recognized, and potential effects of the undertakings appropriately resolved as decisions are made about the siting and potential effects of offshore renewable energy projects.

Objectives: The overarching goal of this effort is to develop cultural landscape assessments of areas of Tribal significance that need to be considered within and near West Coast offshore wind energy planning areas.

Information from this effort will help facilitate decision-making processes that may impact these locales while enhancing adherence to Federal regulatory timelines.

Methods: This research will implement the framework of the Guidance Document and build upon the case studies completed previously by the Confederated Tribes of Grand Ronde, the Makah Tribe, and the Yurok Tribe (Ball et al. 2017). The Udall Foundation’s National Center for Environmental Conflict Resolution (National Center) and its qualified contractors will work with West Coast Tribal Nations and the BOEM

1 Background section taken from BOEM Pacific OCS Region “West Coast Tribal Cultural Landscapes” study profile available at https://www.boem.gov/sites/default/files/documents/regions/pacific-ocs-region/environmental-science/PC-21-01.pdf.

Pacific Region Office to identify Tribes who identify ties to coast and offshore regions near West Coast offshore wind energy planning areas. Working with West Coast Tribes and BOEM staff, the National Center team will conduct a needs assessment and establish working groups for each area of interest in a manner that acknowledges Tribal sovereignty and ensures meaningful engagement through the TCL effort. Areas of interest will be determined by the BOEM project officer, BOEM Pacific Tribal Liaison, and the National Center and its qualified contractors after completion of the needs assessment and identification of participating Tribal Nations. Each working group will host inter-tribal workshops in its respective area with the goal of bringing together Tribal partners to identify best practices and general resources significant to Tribal communities that would enhance any future offshore wind project-scale assessments. BOEM’s Guidance Document (Ball et al. 2015) and other agreed upon appropriate methods will then be used by individual participating Tribes to identify Tribal cultural landscapes within their individual communities.

Protocols will be identified and implemented to address potentially sensitive information, and any sensitive information will be excluded from the final report.

Specific TCL Assessment Question(s):

1. What Tribes identify ties to West Coast offshore wind energy planning areas (including coastal and offshore regions)?

2. How do Tribes define cultural resources2 that may be affected by offshore wind development, and what areas and/or types of resource areas that may be affected by offshore wind development are of significance to Tribes?

3. What types of traditional cultural properties need to be considered in relation to offshore wind development?

4. How do Tribes recommend that BOEM ensure that Tribal voices inform and illuminate decisions regarding offshore wind energy development with a focus on considering and mitigating potential impacts to cultural resources?

About the Udall Foundation’s National Center The Udall Foundation’s National Center3 is an independent federal program established by Congress to provide collaboration, consensus-building, and conflict resolution services in environmental, natural and cultural resources, and public lands issues involving Federal agencies, Tribal Governments, States, and stakeholders. The National Center serves as an impartial, non-partisan institution providing professional expertise and services to all involved.

Goals of This Needs Assessment To lay the groundwork for the TCL assessment, the National Center reached out via email, requesting a call or video conversation, to Tribal representatives and agency staff who have previous experience working on TCL assessments, Tribes who may be affected by potential offshore wind development in California and Oregon, or those who may have an interest in using the TCL assessment (TCLA) results. The goals of this assessment are to:

2 Note: the types of information to include will be identified by Tribes and will not be limited to National Historic Preservation Act Section 106 information.

3 Additional information about the National Center is available at www.udall.gov.

• Learn about previous experiences with TCLAs or other similar studies and lessons learned, best practices, and potential obstacles and opportunities for the West Coast TCL assessment

• Learn about the needs Tribes and agency staff (e.g., BOEM, National Oceanic and Atmospheric Administration [NOAA]) have for the outputs of the TCL assessment, as well as any concerns about the approach, methods, and outputs

• Identify the Tribes in California and Oregon that might have coastal and/or offshore cultural resources potentially impacted by the offshore wind energy planning areas, as well as those who might wish to be involved in the TCL assessment

• Identify qualified potential contractors or Tribal governments who could act as the project manager or as facilitators for the TCL assessment at the wind energy planning areas in California and/or Oregon

• Identify essential characteristics and potential concerns with the entity(ies) acting in the role of project managers or facilitators

• Learn about best practices for handling confidential and sensitive Tribal information The guiding questions from the assessment conversations are included in Attachment A.1.

Results of the Needs Assessment This document compiles the main themes and takeaways from the needs assessment conversations. The discussions were confidential and the summary does not attribute comments to specific individuals. A list of those with whom we spoke and their affiliations can be found in Attachment A.2.

National Center staff will use the insights from these interviews to tailor and refine our approach to the TCL assessment. We will also use the information as market research for determining an approach to contracting with project manager(s) and facilitators. National Center staff briefed participants in outreach webinars held on December 9 and 16, 2021 and the BOEM project leads on this summary while maintaining the confidentiality of individuals’ statements.

Summary of Themes

The following is an outline of the general themes we heard in the needs assessment conversations.

Perspectives on Offshore Wind Energy

• There was a variety of views expressed on offshore wind energy, ranging from supportive to opposing. Nearly all interviewees expressed concerns about potential impacts, including impacts on migratory mammals and fish, the ocean ecosystem, long-term effects, cumulative effects, and effects on spiritual life, ceremonies, and traditions.

o The potentially affected organisms are numerous and interconnected and so are the human communities that depend on and interact with them. The resources are mobile and move up and down the whole coast, therefore the geographic scope extends from Baja to the Beaufort Sea.

o Near-shore ecosystem has really suffered over time. Tribes who are working on the reintroduction of marine mammals would want to know what the impact might have on that reintroduction.

o Interviewee quote: “Looking over the ocean for a number of miles can be tied to specific ceremonies. There’s so much to it.”

o Interviewee quote: “This is not just offshore we have to think about, but shorelines with cables, subsea cable, marshalling port and supply chain, workforce development, and properties used to build out the industry. Tribes have a stake in that conversation. We must think about the cumulative impact.”

o Interviewee quote: “If we don’t act on climate change, cultural resources are at severe risk of irreparable harm in the immediate future. As we consider offshore wind, we need to consider its ability to reduce greenhouse gas emissions and slow the pace of global warming.”

• Tribes consider the land and seascapes much more broadly than is typically done in State and Federal decision-making around projects. For example, some define the landscape as out to and beyond the horizon.

• There are significant differences between regional perspectives and relationships to the ocean.

• Tribes have been left out of the conversation on determining the lease areas.

• When considering impacts to resources, it is important to consider direct, indirect, and cumulative impacts.

Potential Benefits of TCLAs

• Could support Tribe’s own efforts/projects:

o Could support a continuation of anthropological work the Tribe is already working on.

o Depending on how it is structured, the TCL assessment can meet a lot of needs after the fact

(e.g., it can be the basis for other research and information gathering for the Tribe’s purposes).

• Strengthens Tribal voices in development/planning conversations.

o Tribal perspectives may get acknowledged earlier in the planning process than has been typical in the past.

o This effort is needed to help Tribes be at the decision-making table.

o Could help to bridge gaps in knowledge and determine what mitigation is needed.

• Could help to unite Tribes around a common denominator of environmental protection and quality of life for future generations.

• Could help lay a stronger foundation for Tribal intellectual property protection in research and policy decision-making.

• Interviewee quote: “One of the biggest benefits [of these TCL assessments] is demonstration of Tribal connection to place; it’s one of the most important and empowering moments Tribes can have.”

Concerns about TCLAs

• What will be the impact of engaging in this study? Will identified TCLs and concerns about impacts be considered in agency decision making, and if so, how? Given this concern, will it be worth Tribes’ investment of time to participate in this process?

o An interagency conversation needs to happen on where TCLs fit under the National Historic Preservation Act (NHPA) and National Environmental Policy Act (NEPA) decision making.

o Concern that Tribes do not have enough funding and/or human resources, particularly in the pandemic, to conduct a TCL study with respect to offshore wind.

o Concern that BOEM will not consult with non-Federally recognized Tribes.

o Agencies need to think about decision-making process, be aware that Tribes are sovereign governments. Decision-making committees should involve Tribes as cooperating agencies.

o Power disparity between agencies and Tribes and sense of Tribal lack of control.

Interviewee quote: “Disparity of power exists in this entire conversation. We have no power in this. We cannot say yes or no to something we don’t really understand.

We don’t have control of what is happening on our coast.”

• Confidentiality, data sovereignty, and intellectual property concerns o Discussion on data sovereignty is needed to ensure information shared is not potentially used in a way that might not be appropriate, as has been done in the past.

o Potential for intellectual property disputes (i.e., Tribes disagreeing whether certain data should be attributed to one Tribe or another).

• Potential to contribute to tensions among Tribes with overlapping land claims.

o Interviewee quote: “We don’t really have a choice to participate [in projects like this TCL assessment] because if we don’t, then we let someone else speak about our resources.”

• The challenge of describing or putting boundaries on something limitless like a viewshed or a spiritual connection to a place.

• Capacity limitations for certain Tribes, even with more funding.

Structure of TCLA Work Product

• Separate documents for each participating Tribe.

• Open structure:

o Leave it as wide open as possible. Only define what the need is and allow whatever way people want to get there. Study questions are unique to each Tribe.

o Leave open what the format for the products might be – it could include videos conveying stories about connections to the land and sea or a series of recommended site visits that BOEM staff need to take.

How do we convey the importance of the ocean and our connection to animals, sea grass, and impacts on spiritual life, traditions, ceremonies in a way that the Federal government can understand? It’s hard to convey those things on paper. The report needs to be engaging, get people to understand, take notice, not just think about mitigation.

o Differences between reports may be significant; there is a challenge around ensuring that all the reports will be incorporated into decision-making, regardless of structure.

• Template:

o Develop a template or structure for participating Tribes to share the information needed.

o The guidance and TCL template from previous study effort is useful.

The Tribes engaged in the previous study may have different needs and capacities than the participants in this study, so the future participants may “reference” the guidance document rather than “build upon it.”

• Sections to include:

o Descriptive piece with the process and goals, lessons learned.

o Discuss decolonization in the theory section of the report and that this TCL approach is a form of decolonization.

o At a minimum, list the potentially affected flora and fauna, how to avoid population die-offs, and how the ocean resources will be affected.

o It’s important to have a place-based description to have a good idea of where things are and to know if there will be areas of concern.

o Need to think early on about potential impacts and mitigation.

If you are trying to make TCL fit under Section 106 of the National Historic Preservation Act, it’s important to consider that upfront and determine what identification of Traditional Cultural Properties (TCPs) and resolving an “adverse effect” would look like.

o Need for the opportunity for climate change analysis within the work.

o Interviewee quote: “Don’t just characterize it as being Indigenous concerns only – there are others who understand the impacts and are affected. It’s not just our concerns.”

• Mapping:

o Some expressed interest in mapping, including:

Entering information into mapping databases like OROWindMap4 with proper protections for confidentiality

A Native-only mapping of cultural resources Identifying polygons of areas to avoid o Many stressed the importance of confidentiality and of Tribes determining the information to be shared.

o Whether or not to develop or contribute to maps will be up to participating Tribes.

Who Needs to Be Included

• Think about participation in the TCL assessment:

o There is a need to think broadly about who should be included because offshore wind can have a broad footprint and unanticipated effects.

Tribes that are further from the coast can also be affected by offshore wind development. It can also help reservations that are not hooked up to the electrical grid and can indirectly help by removing air pollution. There will also be enormous transmission wire upgrades through Indian Country.

o Reach out to Tribes in coastal areas and more widely to include those who may have traditional territories on the coast or identify far-ranging impacts.

Those impacted could be in Baja and Alaska. Need to consider impacts to whales and salmon runs.

o It’s important to be inclusive, have a spirit of inclusivity, and be respectful of Tribes and affiliated homelands.

Cast a wide net – send information to every Tribe in California.

o Non-recognized Tribes are different from Federally recognized Tribes and need to be included in this effort.

• A broad-blanket call for interest is not a good faith effort at outreach. Must make more of an attempt to identify interested/impacted Tribes.

• Recognize the potential for sensitivities around overlapping or conflicting claims:

o Reaching out too broadly could contribute to conflicts between Tribes with conflicting claims.

o It’s important to listen to everyone and take all the information that Tribes are willing to offer.

o When there is intertribal conflict, allow each to define their own voice and work separately.

Outreach to Potential Participants

• Broad outreach should be done; Tribes can choose to participate or not.

o A good approach is to do focused invitation to those the National Center and BOEM have identified as potentially interested and send a general notification to others.

o Keep the dialogue ongoing with Tribes until representatives say they’re not interested.

• Places to present/get the word out:

4 https://offshorewind.westcoastoceans.org/visualize/#x=- 124.50&y=40.50&z=5&logo=true&controls=true&basemap=ocean&tab=data&legends=false&layers=true https://offshorewind.westcoastoceans.org/visualize/#x=-124.50&y=40.50&z=5&logo=true&controls=true&basemap=ocean&tab=data&legends=false&layers=true o EPA Regional Tribal Operations Committee (RTOC) meetings in Regions 9 and 10 o National Association of Tribal Historic Preservation Officers (NATHPO) o West Coast Ocean Alliance and the West Coast Tribal Ocean Caucus o Tribal engagement briefing series on offshore wind and the broader climate context o Oregon Cultural Resource Cluster meetings

• Outreach methods:

o In-person, regional meetings would be valuable.5 o Offer opportunities for potential participants to come together to learn about the TCL assessment, including conversations with only Tribes in the room.

Talking to former TCL study participants to get their take on the pros/cons would be helpful.6

• Presenting to Tribal leadership o Tribal leadership will need information; staff might need National Center/BOEM support in presenting to them.

• Messaging:

o Be clear about the funding that is available, and it may not be sufficient for full scope of project.

o Need to clearly define the goals of the work, how we are going to get there, and potential limitations (e.g., recognize this effort is “a bit outside the box”).

o Explain and differentiate this initiative from the California Energy Commission’s recent efforts.

Approach to TCL Assessment Those whom we spoke with shared insights on several different aspects of implementing the TCL assessment:

• Allow enough time to allow busy Tribes sufficient time to review, schedule, and plan deliverables.

• Confidentiality:

o Confidentiality is essential and site locations need to be protected.

o Need to develop templates for data-sharing agreements.

There could be value in involving the National Center’s sister program, the Native Nations Institute7, which has expertise on data sovereignty issues.

o Make sure the information shared is appropriate for the venue in which it is shared.

• Information-sharing on wind energy development:

o Tribes need insight into the potential offshore and onshore impacts of potential wind energy development, including:

The technology that would be deployed and its impacts Impacts to species, including migrating salmon and efforts at species reintroduction Cumulative impacts

• Information-sharing on NHPA/NEPA:

o Possible workshop on NHPA/NEPA elements and how to account for them when creating the TCL and help understand Federal research methodology and terminology.

5 The National Center has participated in regional…