C04 Attachment 1-SOW Utah CR_Juab County.pdf

NRCS Utah Brush Management Project in Juab County, Utah, Page 1

Natural Resources Conservation Service 125 South State St., Room 4010, Salt Lake City, UT 84138

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STATEMENT OF WORK FOR TASK ORDER NO. 2026-01:

CULTURAL RESOURCES INVENTORY OF A NRCS UTAH BRUSH

MANAGEMENT PROJECTS IN JUAB COUNTY, UTAH.

Part I: General Information It is the mission of the Natural Resources Conservation Service (NRCS) to provide leadership in a partnership effort to help people conserve, maintain, and improve our nation’s natural resources and environment. The NRCS accomplishes this mission by providing technical and financial support through several federal programs.

A. Introduction/Background

NRCS Utah is soliciting proposals from Cultural Resource Management Firms (Contractor) for the completion of an intensive pedestrian cultural resources inventory on approximately 436 acres of Private lands in Juab County, Utah. For this undertaking, NRCS Utah is providing technical and financial assistance to Phil Adams and Wild Rose Real Estate LLC to implement mechanical brush management and range planting projects that are intended to improve overall range conditions, reduce soil losses, improve wildlife habitat, and increase forage production.

Projects that receive Federal funding from the NRCS through the U.S. Department of Agriculture Farm Bill are considered undertakings that are subject to review for potential impacts to historic properties under Section 106 of the National Historic Preservation Act (NHPA) as set forth in 36 CFR 800. The NRCS has assumed the role of lead Federal Agency and is responsible for compliance with Section 106 of the NHPA. Identification of cultural resources within the area of potential effects (APE) for this undertaking is therefore necessary prior to the range management practice implementation.

B. Scope

The authorized Contractor will complete an intensive pedestrian cultural resources inventory of the APE to identify historic properties that may be adversely affected because of the undertaking. As shown on the attached project maps, the APE for this project consists of approximately 436 acres of Private Lands in Juab County, Utah. The individual practice APEs were used to define the cultural resources inventory area for the purposes of this project.

Prior to completing the pedestrian inventory, the Contractor will complete a literature and historical research review for each of the individual inventory areas using available archaeological records and historic research resources. All cultural resources identified within the APE shall be documented according to professional standards, and archaeological sites shall be evaluated for listing on the National Register of Historic Places (NRHP). The Contractor will be required to complete, and submit to the NRCS Utah, all required archaeological site documentation, as well as a cultural resources report detailing the results of the inventory. The Contractor will also be required to submit all relevant electronic data (e.g., GIS shapefiles, digital images, etc.) collected during the pedestrian inventory.

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C. Applicable Documents

Procedures for complying with the mandates are outlined in the following references:

• Section 106 of the National Historic Preservation Act (NHPA), as amended

• 36 CFR 800; Protection of Historic Properties

• Archaeology and Historic Preservation: Secretary of Interior’s Standards and Guidelines

• Archaeological Resources Protection Act (43 CFR Part 7)

• NRCS National Cultural Resources Procedures Handbook

• NRCS General Manual 420, Part 401

• NRCS National Environmental Compliance Handbook

• Utah State Antiquities Act (UCA 9-8-301-308)

• Utah Code Annotated 9-8-404, Agency Responsibilities

• Utah SHPO Archaeological Compliance Guidance

Information on the federal historic preservation laws and the Secretary of the Interior’s Standards and Guidelines for Archaeology and Historic Preservation are available from the following National Park Service website: https://www.nps.gov/subjects/historicpreservation/standards.htm. The relevant NRCS resources and references may be obtained from the National Technical Resources website:

https://www.nrcs.usda.gov/wps/portal/nrcs/main/national/technical/ecoscience/cultural/. The Utah SHPO Archaeological Compliance Guidance document is available from the Utah SHPO Review and Compliance webpage at: https://history.utah.gov/shpo/shpo-compliance/.

Part II: Work Requirements The Contractor shall gather sufficient information to enable the NRCS Utah to remain in compliance with Federal and state cultural resources laws for the completion of these undertakings. Contractors shall warrant that the provided cultural resources services will comply with all applicable Federal, State, and local laws and requirements, and shall be consistent with the NRCS cultural resources program goals and objectives. All work must be performed in accordance with the “Secretary of Interior’s Standards and Guidelines for Archaeology and Historic Preservation.” The NRCS Utah retains the responsibility for all decision-making and consultation required of Federal agencies related to compliance with cultural resources protection laws and regulations.

All contractors must meet the Secretary of Interior’s professional standards as specified in Section 112(a)(1)(A) of the NHPA and in the implementing regulations for Section 106 of the NHPA at 36 CFR 800.2(a)(1) and 36 CFR 800.2(a)(3). Contractors shall be used in accordance with 36 CFR 800.2(a)(3) (“Use of Contractors”). The Contractor shall furnish all labor, equipment, supervision, materials, and incidentals necessary to perform archaeological and historical surveying, recording, mapping, evaluations, and reporting. The Contractor shall furnish a current Principal Investigator Permit in accordance with 36CFR61.5, issued through the State of Utah’s Public Lands Policy Coordination Office (PLPCO). The Contractor shall also ensure that all approvals, authorities, rights, permits, and easements necessary for conducting the cultural resources survey have been obtained prior to initiating fieldwork.

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Part III. Technical Requirements A. Pre-Field Work Requirements

Prior to fieldwork, the Contractor will coordinate with the NRCS Utah Area Cultural Resource Specialist (CRS) to receive Geographic Information System (GIS) shapefiles that will denote the undertaking APE.

Upon receipt of the data, the Contractor shall complete a literature and historical research review to identify previously recorded cultural resources and to determine the nature of prior archaeological research in the vicinity of the APE. The literature review will include records maintained at the Utah and Nevada State Historic Preservation Office (SHPO), but may also involve the NRHP online database, General Land Office (GLO) plat maps and patents, aerial imagery, and other sources and data repositories, as necessary and where appropriate. For the purposes of this Statement of Work, the literature review will be limited to cultural resources identified within One-Half Mile of the APE boundary.

B. Pedestrian Inventory Requirements

The Contractor will be responsible for designing and completing an intensive pedestrian inventory of 436 acres of private lands in Juab County, Utah, to professional standards, using transects spaced no more than 15 meters apart. Transects may be GPS-oriented, compass-oriented, contour-oriented, or meander, depending on the terrain and the dimensions of the cultural resources inventory area.

The pedestrian inventory shall result in the identification and recordation of cultural resources observable on the surface and in exposed subsurface profiles. All identified archaeological sites must be recorded and evaluated for inclusion on the NRHP, as set forth in 36 CFR 60. For each site, the Contractor shall provide NRCS Utah with an overall assessment of site conditions and shall also provide NRHP eligibility recommendations. Determinations of NRHP eligibility will be made by the NRCS in consultation with the Utah SHPO and other consulting parties, as appropriate. These consultations will lead to a determination of project effects, and possibly, to the development of mitigation measures.

All field crews shall be directly supervised in the field by a qualified crew leader. Areas that present a potential hazard to the survey crew and/or are extremely unlikely to contain archaeological remains (i.e., excessively steep slopes (>30%), areas overgrown with virtually impenetrable brush, etc.) may be avoided. Areas of extreme health hazard (i.e., hazardous materials, burning fires, etc.) should be avoided, and the location of such areas and should be disclosed to NRCS Utah.

Any changes in survey strategy due to environmental conditions shall be discussed with the CRS.

Significant changes to the survey strategy shall be approved by the CRS, once consultation with the Utah and Nevada SHPO is complete, prior to making the change. Artifacts shall not be collected, and no subsurface testing is to be performed. However, recommendations as to areas requiring further examination, if any, shall be made to the CRS.

Upon completion of fieldwork, the Contractor shall provide a brief status report to CRS that details the results of the pedestrian inventory. The status report will note the number of acres that were inventoried for cultural resources, the number of sites that were identified, and any difficulties that were encountered during fieldwork.

Fieldwork Completion Report: Upon completion of fieldwork, the Contractor shall provide a brief status report transmitted via email to NRCS that details the results of the pedestrian inventory. The status report will note the number of acres that were inventoried for cultural resources, the number of sites that were newly identified, updated, and revisited, and any difficulties that were encountered during fieldwork. The

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C. Cultural Resources Documentation Requirements

Documentation for all cultural resources will adequately record the geographic location, physical characteristics, and relevant scientific, historic, archaeological, architectural, traditional, educational, conservation, and interpretive values. For the purposes of this Statement of Work, archeological sites and isolated finds will be documented in accordance with the guidance and definitions outlined within the Utah SHPO Compliance Guide.

Archaeological Sites

Previously recorded archaeological sites located within the project area shall be revisited, and the site documentation will be updated and revised as appropriate. All new sites identified during the inventory must be precisely located on a 1:24,000 scale topographical map and documented on a Utah Archaeological Site Form (UASF) or Utah Historical Structures form, or Nevada Archaeological Site Form, as appropriate, according to Utah SHPO and Nevada SHPO standards. All archaeological sites will be evaluated for eligibility to the NRHP. A GPS data collector shall be used to record the location of all sites. All GPS data must be differentially corrected.

Archaeological site documentation must include a detailed sketch map with a legend. Sketch mapping will include all site concentrations, diagnostic artifacts, tools, structures, or features. Each sketch map will include a legend and legal location (i.e., township, range, and section). A site datum must be established, mapped using GPS, and depicted on the site sketch map. Mapping by a transit, total station, tape and compass, or GPS is allowed. The provenience of all surface diagnostic artifacts and tools must be indicated on the site sketch maps. All diagnostic artifacts shall be drawn and/or photographed as appropriate. Artifacts shall be deemed "diagnostic", either chronologically or functionally (e.g., projectile points, ceramics, scrapers, drills, and ground stone). All temporal information provided by the artifacts shall be recorded on the UASF Site form.

A minimum of two photographs, displaying different aspects, shall be taken of each site recorded. An overall site photo is required, and pertinent diagnostic artifacts should be photographed. All petroglyphs/pictographs, stone circles, foundations, and unusual features shall be photographed.

Historical archaeological sites are cultural resources that are likely or possibly 50 years old, even if this age cannot be conclusively proven. Historical archaeological sites shall be recorded, described, and mapped in terms of the artifacts and features present (i.e., number and types of tin cans, bottles, wood and metal debris, structures, road or trail remnants, or other artifacts or features). Historic features, e.g., foundations, shall also be recorded as sites. Historic trail ruts or other historic routes shall be recorded and mapped using UASF forms as linear historical sites.

The Contractor shall review and edit all site documentation prior to submittal to the CRS to ensure that all required forms are properly completed, and all information is legible. Special attention shall be paid to the accuracy of location data (road designation, distance, direction, township, range, section, and quarter-section, and UTM, etc.).

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Isolated Finds

Recorded information on isolated finds shall include its location (township, range, and section and UTM) and a brief description. The presentation of isolate finds in a table format within the cultural resources report text is acceptable. The location of the isolate shall be marked on a USGS 1:24,000 scale topographic map. Diagnostic artifacts shall be sketched or photographed, as appropriate.

D. Reporting and Deliverables Requirements

The Contractor shall produce a summary report that details the results of the cultural resources investigation. The report format and content shall be sufficient to satisfy current Secretary of the Interior’s Standards and Guidelines for Archaeology and Historic Preservation and follow the compliance guidelines outlined by SHPO. The summary report shall contain sufficient information to permit NRCS Utah to make an informed determination of project effects, and information must be presented in such a manner as to allow an outside party to understand the basis for the decision or finding.

Required Archeological Inventory Summary Report Components:

• A statement of purpose and full project description, including anticipated direct and indirect impacts, project location, total acreage, map reference, legal description, general environmental description, and the historic context by which sites will be evaluated. Names and duties of personnel conducting the inventory and dates of the field work shall also be included.

• A summary of previous archaeological research in the general area.

• A thorough description of the field methods used.

• The results of the inventory with a description of each cultural resource site located in the project area, including previously recorded sites.

• An assessment of the overall conditions of each site at the time of recordation.

• Recommendations concerning the eligibility of each site for inclusion on the NRHP (specific criteria must be assigned to each resource according to 36 CFR 60.4). Sites should be evaluated for NRHP eligibility with regard to their ability to meet criteria set forth in 36 CFR

60.4 as well as to answer research questions identified in the historic context of the report.

• Clear, specific, and consistent management or mitigation recommendations (i.e., avoidance/redesign, fencing, monitoring, testing, data recovery, and/or cancellation of all or part of the project) for cultural resources identified as a result of the inventory.

• A summary discussion of conclusions and recommendations.

• A list of references and bibliographic entries.

• Project maps at the 1:24,000 scale showing the area inventoried, site locations, isolated find locations, etc.

• All site documentation including UASF site forms, Utah historic structure forms, Nevada site forms, continuation sheets, site location topographic maps, site sketch maps, site photos, and artifact illustrations. These will be included as a detached appendix to the report body.

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The Contractor shall submit an electronic draft report, including all specified documentation, to NRCS for review and comment. Upon receiving and incorporating NRCS’ comments on the draft report, the Contractor shall generate final reports, archaeological site documentation, and all other accompanying forms and data in a submission-ready state as specified in Utah and Colorado SHPO compliance guidance documents. The contractor is not expected to draft any SHPO or Tribal consultation letters as this is the responsibility of NRCS. Final copies of all deliverables shall be submitted to NRCS electronically.

E. Period of Performance and Payment

The Contractor shall deliver a draft and a final professional survey report, and all site documentation as outlined above.

The following performance schedule shall apply:

• Fieldwork will be completed within 60 days from the effective date of a specific task order. The Contractor shall notify NRCS Utah once the fieldwork has been completed, and a status report will be submitted.

• Draft report and site forms will be submitted to the CRS for comment no later than 30 days after completion of fieldwork.

• The final report and site forms will be submitted to the CRS no later than 15 days after receiving comments from the NRCS.

• Upon approval of the final report, NRCS will submit the final report and site forms to the SHPO and Tribes for 30-day review and concurrence.

• Contractor will address any comments on the report from SHPO or Tribes.

• Exceptions for delays due to weather will be allowed, though work must be accomplished as soon as the weather allows. The Contractor shall immediately notify the CRS if exceptions to the schedule or specified tasks are required.

Payment will be authorized as follows:

• Completion of fieldwork: 40%

• Submission of draft report: 30%

• Address of comments and NRCS acceptance of final report, and concurrence from SHPO:

30%

The Contractor shall submit a payment request via an invoice to the NRCS Contracting Officer.

Part III: Supporting Information A. Confidentiality

Information generated from the cultural resources survey completed on behalf of the NRCS is classified as CONFIDENTIAL. Its distribution and use are restricted. No one is allowed to publish or disclose any part of this information without the permission of the NRCS.

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B. Place of Performance

The APE for this undertaking consists of approximately 436 acres of private lands in Juab County, Utah.

Legal descriptions and topographic map references ae located in the table below.

NRCS Project No. Agricultural Producer Ownership Location Map Reference Acreage

748D432617T Phil Adams Private T11S, R6W, Sec(s) 1, 2, 11, 12 Dutch Peak 258

748D4326239 Wild Rose Real Estate LLC Private

T16S, R2W, Sec(s) 24 T17S, R1W, Sec(s) 30

Delta 178

The project is located within two continuous land parcels and is characterized as an irregularly shaped polygon. Four-Wheel-Drive vehicles with adequate ground clearance are highly recommended for onsite travel.

C. Special Considerations

The Contractor must advise the CRS if there are any access restrictions which could delay the work.

NRCS Utah will work with the Contractor and the landowner/administrator to resolve the access issues.

Technical cultural resource questions should be directed to the CRS, Jacob Jepsen, at (435) 262-6136 or Jacob.Jepsen@usda.gov. Contracting questions should be directed to the Contracting Officer.

Changes to task order content, analysis approach, level of effort, schedules and deliverables shall be made in writing by a revision to the task order by the Contracting Officer. These changes must receive written approval from the Contracting Officer before the additional work is commenced.

A task order is completed when the required end products are delivered by the Contractor and accepted by NRCS Utah in accordance with the executed task order and any formal revision thereof.

The Contractor shall be paid for the actual quantity of acres surveyed, as specified in individual task orders. If the estimated quantity and the actual quantity vary more than 15%, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115% or below 85% of the estimated quantity. Contractors will be required to inform the COR and the Contracting Officer in writing if the estimated quantity and the actual quantity are anticipated to vary more than 15% before equitable adjustment is approved.