NPS_Isle_Royale_SOW.docx

U. S. Institute for Environmental Conflict Resolution

NATIONAL PARK SERVICE ISLE ROYALE NON-TRIBAL SECTION 106 CONSULTATION PROCESS

STATEMENT OF WORK

A. PROJECT TITLE

National Park Service Isle Royale Non-Tribal Section 106 Consultation Process

B. BACKGROUND

The National Park Service (NPS) is preparing a Cultural Resources Management Plan/Environmental Impact Statement (CRMP/EIS) for Isle Royale National Park (ISRO). The purpose of the CRMP/EIS is to develop a long-term comprehensive strategy for managing the cultural resources of Isle Royale. The plan will set priorities for the management of Isle Royale cultural resources and identify future research needs. This includes cultural resources in and outside of designated wilderness or potential wilderness areas. Most of the land mass of the park is in designated wilderness and historic values contribute to the Isle Royale wilderness character.

As a part of the National Environmental Policy Act (NEPA) process for the development of the CRMP/EIS, the NPS is running a concurrent Section 106 process to address potential impacts from the CRMP to historical properties, as defined by the National Historic Preservation Act.[footnoteRef:1] The NPS wants to provide relevant opportunities to engage the non-tribal Section 106 consulting parties throughout the Section 106 process. The non-tribal section 106 consulting parties include the Advisory Council on Historic Preservation, the Michigan State Historic Preservation Office, the National Trust for Historic Preservation, Isle Royale Family and Friends Association (IRFFA), North Shore Commercial Fishing Museum, Michigan Historic Preservation Network, and twelve tribal governments. Up to this point in the planning, tribal governments have chosen to consult separately with the NPS. [1: The term "historic property" is defined as: “Historic property means any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior. This term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and that meet the National Register criteria. (2) Eligibility: The term eligible for inclusion in the National Register includes both properties formally determined as such in accordance with regulations of the Secretary of the Interior and all other properties that meet the National Register criteria.” 36 CFR 800 106 regulations.]

Preliminary alternatives discussed for the CRMP plan anticipate the possibility of identifying some historic properties for removal or deterioration, which could result in adverse effects. There are use and occupancy agreements related to a number of historic properties and these resources could be affected by the CRMP plan. For example, life-lease agreements were among many other non-conforming uses listed in the ISRO Wilderness legislation that are located in areas designated as Potential Wilderness[footnoteRef:2]. NPS policy states that the NPS will seek to remove non-conforming uses that preclude wilderness designation.[footnoteRef:3] Historic properties are associated with these agreements and uses. However, the Wilderness legislation does not recognize the historic character of many of these properties. A number of families have been offered temporary agreements after the life-leases expired and allowed to remain in their ancestor’s former properties in order to maintain a number of historic properties. Decisions such as these on how to address Historic Properties in Potential Wilderness that will be considered in the CRMP/EIS process could have an impact on these resources and relationships. [2: The other non-conforming uses included: trailside shelters, commercial fishing bases, Coast Guard boathouse, and power and ranger station facilities.] [3: NPS Directors Order 41: (NPS DO41) The NPS Wilderness Stewardship Plan guidelines also recommend that wilderness character be monitored and assessed every five years. In 2005 the non-conforming uses included trailside shelters, Coast Guard boathouse and trail, ranger station facilities, SUPs extending life leases to children, volunteer-in-park agreements, researcher/NPS housing, and artist-in residence cabin.]

NPS has asked the U.S. Institute for Environmental Conflict Resolution (U.S. Institute) to provide independent, third-party neutral facilitation to assist the NPS in engaging the non-tribal Section 106 consulting parties as the NPS conducts their Section 106 process. On behalf of the U.S. Institute, a selected third-party neutral (Contractor) will work with the NPS and the non-tribal consulting parties to conduct an assessment and design a process for holding a series of consultation discussions and to facilitate such discussions. The desired goal is a to ensure that the concurrent NPS Section 106 process provides the non-tribal consulting parties with relevant opportunities to comment on the identification of historic properties, the effect of potential management plan options and the final CRMP plan on ISRO historic properties, and the mitigation of any adverse effect on historic properties.

C. DESCRIPTION OF WORK

The U.S. Institute is seeking a Contractor to assist with the following tasks:

Tasks

Task 1: Situation Assessment and Initial Convening

· 1.1 Preparation. Plan, facilitate and document a half-day, face-to-face and/or virtual meeting involving approximately 2-3 NPS staff, 4-5 key section 106 consulting party representatives, and a U.S. Institute program manager to develop a protocol for gathering information, including interviews, conducting the assessment, and analyzing the assessment results. Travel to Houghton, MI is required for this meeting. The meeting will be hosted at a (no-cost) federal facility.

· Conduct background research on the project

· Plan, facilitate, and document a half-day (4-hour) meeting with NPS staff, key section 106 consulting party representatives, and the U.S. Institute to develop a plan for conducting the assessment

· Draft and distribute for review the assessment plan with the NPS, section 106 consulting party representatives, and the U.S. Institute within 10 days of the meeting

· Incorporate comments and finalize the plan within 3 weeks of the meetingAdditional interviews may be added via contract modification if the government determines that additional interviews are needed

This task is estimated to take 12 labor hours for the lead facilitator and 4 labor hours for the associate.

· 1.2 Interviews. Schedule and conduct 13-15 interviews with the goal of developing recommendations for an effective section 106 consultation process with the non-tribal consulting parties.

· Schedule and conduct 13-15 individual or group interviews (up to 60 minutes each) with parties identified in the assessment plan (NPS and non-tribal section 106 consulting parties)

· Synthesize and analyze the information garnered from the interviews This task is estimated to take 20 labor hours for the lead facilitator and 30 hours for the associate.

· 1.3 Assessment Report. Prepare a Findings and Recommendations Report based on the stakeholder interviews that identifies key issues and concerns to be addressed in consultation and proposes recommendations on an effective consultation process.

· Draft a 10-15 page report that captures key concerns and issues identified by the stakeholders and proposes recommendations on an effective consultation process.

· The draft assessment report must be submitted for review to U.S. Institute two weeks prior to the process design meeting.

· Share the draft report with NPS and non-tribal section 106 participants at least one week prior to the debrief meeting identified below.

This task is estimated to take up 16 hours each for the lead facilitator and the associate.

· 1.4 Report Debrief and Process design Meeting. Contractor shall plan, facilitate and document a one-day (8-hour meeting for approximately 4-5 NPS staff and 6-8 key section 106 consulting party representatives to debrief the assessment and design a process for holding a series of consultation discussions that provide the non-tribal consulting parties with relevant opportunities to comment on the identification of historic properties, the effect of the plan on ISRO historic properties, and the mitigation of any adverse effect on historic properties. Travel to Houghton, MI or Duluth, MN is required for this meeting. The meeting will be hosted at a (no-cost) federal facility.

· Plan, facilitate, and document a one-day (8-hour) meeting with key NPS staff and non-tribal section 106 consulting party representatives to draft a consultation process, to include key issues and concerns to address, process for addressing the issues, and potential dates/timelines.

· Draft and distribute for review a 4-6 page overview of the proposed consultation process with NPS and non-tribal section 106 participants at least 10 days following the meeting.

· Incorporate comments and develop the final overview of the consultation process within 3 weeks of the meeting.

This task is estimated to take 16 labor hours/14 travel hours each for the lead facilitator and the administrative support person.

· 1.5 Communication/Coordination. Contractor shall maintain regular communication with the U.S. Institute to provide progress updates.

· Participate on up to 4 one-hour calls with the U.S. Institute to provide periodic project status updates.

This task is estimated to take 4 labor hours for the lead facilitator

Task 1 Deliverables:

· Plan for conducting the assessment

· Assessment Report

· Meeting Notes/Consultation Plan

· Short (one-pager of bulleted items) summary of progress updates for each Communication/Coordination call.

Based on the outcomes of the assessment and the process design meeting, the NPS will determine whether to exercise the following options.

Tasks 2 and 3 are Optional Tasks. Performance of these Optional Tasks is dependent on the assessment results, process design, available funding, and perceived need. The Contractor shall not begin work on Optional Tasks without prior approval from the Contracting Officer.

Task 2) Consultation Engagement

· 2.1 Meetings: Based on an agreed upon process design, Contractor will plan, facilitate, and document up to 8 in-person meetings (or a sufficient number to address all parties’ concerns). It is estimated that the meetings would include between 15 - 20 participants, be approximately 8 hours in length, and would be hosted at a (no-cost) federal facility. Travel to Houghton, MI or Duluth, MN (or similar location) is required for each meeting. Additional meetings may be added via contract modification if the government determines that additional meetings are needed.

This task is estimated to take 16 labor hours for the lead facilitator and 20 labor hours for the assistant for each meeting.

· 2.2 Field Trips: Based on an agreed upon process design, Contractor will plan, facilitate, and document up to 2 full-day field trips. It is estimated that the each field trip would include between 4-8 participants, be approximately 8 hours in length (with a day of travel on both ends), and would not require the contractor to set up travel arrangement. Locations would be Isle Royale National Park.

This task is estimated to take 12 labor hours for the lead facilitator for each field trip.

· 2.3 Webinars: Based on an agreed upon process design, Contractor will plan, facilitate, and document up to 6 webinars/conference calls. It is estimated the conference calls would engage up to 25 people, be approximately 2 hours in length, and be hosted by the Contractor.

This task is estimated to take up to 6 labor hours for the lead facilitator and 8 labor hours for the associate for each webinar.

· 2.4 Outreach between meetings/field trips: Contractor will work in between meetings or field trips to reach out to the NPS and non-tribal section 106 consulting parties to help with agenda development and follow up on issues identified in the meetings/field trips.

This task is estimated to take 6 labor hours for the lead facilitator and the 3 labor hour for the associate for each meeting/field trip.

· 2.5 Monthly Status Update: Contractor will prepare and present monthly status updates, either by conference calls or through emails, to keep participants updated on the status of the project. It is estimated there will be twelve 30-minute conference calls with about 1-15 people.

This task is estimated to take 1 labor hour for the lead facilitator and the 2 labor hour for the associate for each update.

Task 2 Deliverables:

· Draft and final (4-6 page) meeting summaries

· Draft and final (2-3 page) webinar call summaries

3) Coordination and Follow up

· 3.1 Communication and Coordination: Contractor shall maintain regular communication with the U.S. Institute to provide progress updates. Participate on up to 8 one-hour calls with the U.S. Institute to provide periodic project status updates.

This task is estimated to take up to 2 hours labor for the lead facilitator and the 1 hour administrative support person for each call.

· 3.2 Debrief. The Contractor will plan, facilitate, and document a 2-hour debrief conference call with all parties at the end of this process to discuss the outcomes of the process and capture any lessons learned.

This task is estimated to take up to 6 hours each for the lead facilitator and the administrative support person.

Phase 3 Deliverables:

· Short (one-pager of bulleted items) summary of accomplishments for each call

· Short (2-3 page) summary of lessons learned

D. LOCATION OF WORK

Primary location: Michigan and Minnesota

E. PERIOD OF PERFORMANCE

Base Period: Date of Award through December 31, 2017

F. DELIVERABLE SCHEDULE

· The draft plan for conducting the assessment must be submitted for review to all parties and the U.S. Institute within 10 days of the meeting.

· The final assessment plan must be submitted to all parties and the U.S. Institute within 3 weeks of the meeting

· The draft assessment report must be submitted for review to U.S. Institute two weeks prior to the process design meeting.

· The draft assessment report must be distributed to NPS and non-tribal section 106 participants at least one week prior to the process design meeting.

· The draft overview of the proposed consultation process must be distributed with NPS and non-tribal section 106 participants at least 10 days following the meeting.

· The final overview of the consultation process must be distributed within 3 weeks of the meeting

· Meeting and Webinar Summaries must be sent out within 2 weeks following an event

· One-page summary of accomplishments can be distributed at the time of each Communication/Coordination call.

· Summary notes for the lessons learned call must be distributed to the NPS and the U.S. Institute within 2 weeks of the call.

G. SPECIAL REQUIREMENTS

1. Travel: All travel must comply with Federal Travel Regulations. Travel expenses will be reimbursed on a cost-reimbursable basis.

2. Staffing: This procurement will require neutral assessment services. The subject matter and complexity of the work requires expert senior-level expertise. Graduate students and/or junior staff may be involved with senior-level supervision.