ENA_SOW_Thoreau_and_Whitehorse_Lake_081922.docx

Statement of Work for Environmental Site Assessment Phase I and Environmental Assessment for Thoreau and Whitehorse Lake Fee to Trust Applications

HISTORY OF THE REQUIREMENT

Taking land into trust is one of the most important functions Interior undertakes on behalf of the tribes. Acquisition of land in trust is essential to tribal self-determination. Tribes are sovereign governments and trust lands are a primary locus of tribal authority. Indeed, many federal programs and services are available only on reservations or trust lands. The current federal policy of tribal self-determination is built upon the principles Congress set forth in the Indian Reorganization Act and reaffirmed in the Indian Self-Determination and Education Assistance Act. Through the protection and restoration of tribal homelands, this Administration has sought to live up to the standards Congress established eight decades ago and indeed to reinvigorate the policies underlying the Indian Reorganization Act.

A Fee to Trust land acquisition takes 16 basic steps to complete the application. There are different laws that must be satisfied. Most acquisitions are authorized under 25 USC § 465, Section 5 Indian Reorganization Act (1934) and reviewed under 25 CFR § 151. However, the Department of Interior must comply with all federal laws, including compliance with 516 DM NEPA, 602 DM 2 Hazardous Substances Determinations, National Historical Preservation Act (NHPA) and US Department of Justice Title Standards.

PERIOD OF PERFORMANCE

The clearances for the Environmental Site Assessment Phase I (ESA) and the Environmental Assessment (EA) need to be timely completed with the other documentation, to assure the clearance stays valid. Since ESA is only good for one year, after which an update must be performed on the tracts. It is anticipated the Navajo Chapters will submit their applications in the fall of 2022 and the funding period would be from August 1, 2022 to September 30, 2022 with the understanding that the one-time funding was received by the Agency on June 2, 2022 so the funding period could be modified to extend the period of performance. The ESA clearances need to be completed within a month of the applications being submitted for processing and approval.

DESCRIPTION OF THE PROJECT

The purpose of the funds for the Fee to Trust land acquisition cost for the 516 DM NEPA and, 602 DM 2 Hazardous Substances Determinations clearances, aka Environmental Site Assessment (ESA) required for a fee to trust land acquisition application. The Thoreau and Whitehorse Lake Chapters are preparing three separate applications:

Thoreau Chapter Properties:

· Thoreau Chapter Property: which consist of approximately 0.5 acres of land

· Thoreau Chapter Property (H&H Stone Tracks): which consists of approximately 305 +/- acres of land

Whitehorse Lake Chapter Property:

· Whitehorse Lake Chapter Property: which consist of approximately 640 acres of land As required by the 25 CFR 151.10. The Secretary will consider the following criteria in evaluating requests for the acquisition of land in trust status when the land is located within or contiguous to an Indian reservation, and the acquisition is not mandated: under (h) The extent to which the applicant has provided information that allows the Secretary to comply with 516 DM 6, appendix 4, National Environmental Policy Act Revised Implementing Procedures, and 602 DM 2, Land Acquisitions: Hazardous Substances Determinations.

WHAT THE PROJECT IS TO ACCOMPLISH

The contractor will perform the contact work in projected areas and provide deliverables to Eastern Navajo Agency. The Pre-Acquisition Environmental Site Assessment (PA-ESA) and EA of the properties will provide an evaluation of the real property and identify recognized environmental conditions and other environmental issues of concern; identify and evaluates associated liabilities; evaluates potential costs of remediation; and evaluates the total cost of acquisition inclusive of environmental issues of concern, associated liabilities, and potential costs of remediation.

The tasks include a cultural resources field survey and report, biological resources field survey and report, National Environmental Policy Act (NEPA) environmental assessment (EA), and a Phase I environmental site assessment (ESA) following Bureau of Indian Affairs (BIA) guidelines and regulations.

WHERE THE WORK WILL BE CONDUCTED

The project area is in the Thoreau and Whitehorse Lake Chapters within the Eastern Navajo Agency.

Thoreau Chapter Properties:

· Thoreau Chapter Property: which consist of approximately 0.5 acres of land

· Thoreau Chapter Property (H&H Stone Tracks): which consists of approximately 305 +/- acres of land

Whitehorse Lake Chapter Property:

· Whitehorse Lake Chapter Property: which consist of approximately 640 acres of land

ENVIRONMMENTAL SCOPE-OF-SERVICES

Cultural Resources Field Survey and Report Contractor will conduct a cultural resources inventory that includes archival research, pedestrian survey, agency coordination, and report production. Contractor will coordinate with the Navajo Nation Historic Preservation Department (NNHPD) and the BIA. The work will be conducted in accordance with the provisions Section 106 of the National Historic Preservation Act 36 CFR 800 and applicable BIA guidelines.

Prior to commencing fieldwork, Contractor will conduct a Class I records search by consulting the NMHPD records. Contractor will collect relevant data on previously recorded sites and previously conducted archaeological surveys within 0.3 miles (0.5 kilometers) of the properties. General Land Office records, the State Register of Cultural Properties, and the National Register of Historic Places (NRHP) will also be reviewed to determine whether historic properties occur on the properties. Contractor will conduct a pedestrian survey of the properties. Site recording and mapping will be completed using Collector for ArcGIS with sub-meter point-plotting accuracy. Contractor will evaluate the significance of cultural resources and recommend eligibility for listing on the NRHP, assess the potential impact of the project on significant cultural resources, and identify possible measures for avoiding or minimizing effects to significant cultural resources. Contractor will prepare cultural resources reports, site forms, and GIS data.

Deliverable: Contractor will prepare draft digital and final printed cultural resource reports for each property.

Biological Field Survey and Report Contractor biologists will conduct a biological resources pedestrian survey of the properties. Prior to conducting field surveys, contractor will coordinate with the Navajo Nation Fish and Wildlife Department. Vegetative species and wildlife observed during the field survey will be documented. Avian species protected under the Migratory Bird Treaty Act (MBTA) will also be documented. Natural resources data, including active or inactive nests detected, will be gathered using Field Maps, an ArcGIS software, connected to a Geode, capable of sub-meter point-plotting accuracy. The potential occurrence of federal threatened/endangered and Navajo Nation protected species will be evaluated. Biological reports will be prepared summarizing the findings of the survey. The scope does not include Clean Water Act permitting for Section 401/404 permits.

Deliverable: Contractor will prepare a draft and final biological digital report for this each property.

Environmental Assessment The environmental documentation for each property will be an EA, which would follow BIA National Environmental Policy Act (NEPA) guidelines. The EA will address the project purpose and need, alternatives studied, environmental impacts, mitigation measures, agency coordination, and environmental commitments. EA topics will cover the physical environment, biological environment, and human environment. Findings form the biological and cultural resources reports will be incorporated into the EA. Existing air quality information would be reviewed, and a brief discussion of greenhouse gas emissions would be included in the EA. After review, comment, and approval, contractor will also prepare the Finding of No Significant Impact (FONSI). Prior to initiating work, the environmental document requirements will be confirmed.

Deliverable: Contractor will prepare digital EAs for each property.

Task 2 - Phase I ESA Contractor will use the ASTM Standard Practice for Environmental Site Assessments (ESAs): Phase I ESA Process (E 1527-13) guidelines to complete the assessment. Based on a May 2, 2022, Federal Register notice, the US Environmental Protection Agency (USEPA) continues to use the 2013 standard for All Appropriate Inquiry. The purpose of the Phase I ESA is to identify Recognized Environmental Conditions (RECs) associated with the subject property. Contractor will obtain and review readily available, readily accessible records to help identify recognized environmental conditions associated with the subject property. The records review will include environmental, historical uses, and prior usage assessment information. Historical use information, such as title records, topographic maps and aerial photographs will be reviewed to determine the former uses of the property.

Contractor will conduct a Phase 1 site reconnaissance to determine the likelihood of recognized or potential environmental conditions associated with the property. Contractor will note any potential environmental conditions including, but not limited to, obvious staining of the ground surface, distressed vegetation, storage drums, tanks, fuel dispensers, industrial facilities, livestock operations, fuel/chemical containers, chemical storage areas, and obvious stockpiling of soil. The geologic, hydrologic, and topographic conditions of the property will also be reviewed. Contractor proposes to take some photographs using aerial drones. Contractor will conduct interviews with a local government official, such as the fire marshal, and other individuals (as needed) to obtain information indicating recognized environmental conditions on the subject property. It is expected that any knowledge concerning historical uses and environmental conditions of the subject property will be fully disclosed to the contractor.

Deliverable: Phase 1 ESA report, digital copies for each property.

CHANGES IN SCOPE-OF-SERVICES

If the scope of the project or services (as discussed herein) change materially after the award is made, the contract amount will be equitably adjusted. If the project is suspended or abandoned, in whole or in part, contractor will require compensation for all services performed up to that point. If necessary, the following tasks would necessitate change orders and fee adjustments.

· If the literature search for historical records and environmental information is not limited to readily available documents and other information.

· If a property location or acreage is changed.

· If the service requires testing for lead, asbestos, mold, or radon.

· If Section 404/401 Clean Water Act permitting is required.

· If waterway or wetland delineation is required.

· If protocol surveys for threatened and endangered species are required.

· If cultural resources testing or data recovery is required.

· If ethnographic investigations are required.

· If Phase II site investigations, including soil or groundwater sampling, are required.

· If on-site project meetings or public meetings are required.

WHAT THE MEASURABLE ACTIVITES AND TASKS ARE, DEFINED IN SUFFICIENT LEVEL OF DETAIL SUCH THAT ONE CAN DETERMINE IF THE OBJECTIVES ARE MET The contractor shall be given a total of 60 calendar days (after the notice-to-proceed) to complete the project in this SOW. Any request for time extensions by the contractor shall be done timely (at least 15 calendar days in advance of the deadlines) and with clear and detailed justification for consideration by the government. If the schedule is modified, BIA must approve the modified schedule.

As needed, one Progress (Status) Report shall be submitted no later than fifteen (15) calendar days after the notice-to-proceed and then subsequently at the end of the month. The Progress Report shall include a) Any problems encountered in performing the work with recommendations for corrective actions; and b) An estimated percentage of completion for all work specified in this SOW including time needed to process the draft documents for review and approval.

All draft environmental site assessment and supporting documents shall be line numbered and include the date of revision in the header or footer.

Unless specifically stated, the contractor shall submit the environmental site assessment and supporting documents to the COR in an electronic format (both Word and PDF). As appropriate, the COR will complete a Quality Assurance review to verify the deliverable is complete, meets contract requirements and meets professional standards. Within fourteen (14) days of receipt of the draft environmental site assessment and supporting documents, the COR will notify the contractor of any substantive corrections needed before it can be accepted and distributed for review. The contractor shall then correct the document and resubmit the draft to the COR within fourteen (14) calendar days of receiving notification. Once approved by the COR, the contractor shall submit the final environmental site assessment and supporting documents for use on the project.

WHAT ARE THE ESTIMATED MILESTONES

The contractor shall be given a total of 90 calendar days (after the notice-to-proceed) to complete the project in this Statement of Work.

Within fourteen (14) days of receipt of the draft environmental site assessment and supporting documents, the COR will notify the Contractor of any substantive corrections needed before it can be accepted and distributed for review.

The contractor shall then correct the document and resubmit the draft to the COR within fourteen (14) calendar days of receiving notification.

Once approved by the COR, the contractor shall submit the final environmental site assessment and supporting documents for use on the project.

The ESA and EA completed documents will be reviewed and approved by the Navajo Region, Branch of Environmental Services.

WHAT, IF ANY, SPECIAL REQUIRMENTS ARE REQUIRED

All tools, reports, under this contract will be the property of the Bureau of Indian Affairs, Eastern Navajo Agency (ENA) unless exempted because of proprietary requirements. However, contactor will refrain from developing tools that require proprietary and other restrictions unless necessary and approved by line officer.

Before arriving onsite, the contactor will coordinate with and get approval from the ENA Safety Officer for onsite work to ensure COVID-19 precautions and guidelines for onsite work and engagement with federal staff. The contractor may use the Employee Relations Center (ERC) which is situated onsite and available for the contractor to use during contact term. The ERC is a modular building with restrooms and big space for use.

WHEN MEETINGS ARE TO OCCUR AND REPORT REQUIRED, AS APPLICABLE

A meeting will be held at the initial start of the project. It is anticipated the project will take 90 days, if no problems or issues encountered. See heading (WHAT ARE THE ESTIMATED MILESTONES) for reporting requirements.