N62473-14-R-1402_Amendment_0001.pdf

N62473-14-R-1402

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

SEE PAGE TWO FOR DESCRIPTION OF AMENDMENT

1. CONTRACT ID CODE PAGE OF PAGES

J 1 88

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 07-Feb-2014

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N62473-14-R-1402

X 9B. DATED (SEE ITEM 11)

24-Jan-2014

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

07-Feb-2014

CODE

NAVFAC SOUTHWEST

ENVIRONMENTAL CONTRACTS CORE

CODE RAQE0

1220 PACIFIC HWY

SAN DIEGO CA 92132-5190

N62473 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

AMENDMENT 0001

I. The RFP is hereby amended to read as follows (Changes are noted in red italics and strikethrough text):

Section C

1. Delete “Annex 0200000 Spec Item Table Index”

2. Revise Spec Item 2.3.5.5, OPNAVINST 5090.1D 1C Ch. 24 Title

3. Revise Spec Item 2.13.3, Issuance of Final Task Order Title and Description:

The KO will issue a Task Order for the work to the firm offering the best overall value lowest price to the Government based on specified evaluation factors per Request for Proposal and/or Task Order.

Section G

4. Revise G2, Contract Administration Data The Contracting Officer for this contract is:

BEATRICE APPLING DALE R ENGLISH

CODE AQE ACQ4.BLDG 127, RM 108

1220 PACIFIC HWY

SAN DIEGO, CA 92132

619-532-1620 619.532.1620

Section J

5. Replace Exhibit F, Past Performance Questionnaire and Exhibit G, Project Data Sheet.

See Separate Attachments: Exhibit F_Amendment 0001 and Exhibit G_Amendment 0001

6. Replace Attachment J2, Geographic Zone Map.

See Separate Attachment: Attachment J2_Amendment 0001.

7. Format revisions in Attachment J1

Section L

8. Replace Contracting Officer in Paragraph L2 From:

Beatrice Appling Dale R. English beatrice.appling@navy.mil dale.english@navy.mil.

(619) 532-1155

9. Replace Contracting Officer in FAR clause 52.233-2

NAVAL FACILITIES ENGINEERING COMMAND, SOUTHWEST

ATTN: BEATRICE APPLING DALE ENGLISH, CODE AQE ACQ4

1220 PACIFIC HIGHWAY

SAN DIEGO, CA 92132

EMAIL: Beatrice.appling@navy.mil dale.english@navy.mil Phone: 619-532-1620 619.532.1620

Fax: 619-532-1155

Section M

10. Revise Factor 1- Past Performance, (1) Solicitation Submittal Requirements:

The offeror shall submit evaluations under Tab A “Past Performance.” For each project submitted under Factor 3 Corporate Experience, use one of the following formats to demonstrate past performance.

11. Revised Factor 1- Past Performance, (2) Basis of Evaluation:

This evaluation focuses on how well the Offeror performed on the relevant projects submitted under Factor 3 Corporate Experience and past performance on other projects currently documented in know sources.

II. GOVERNMENT RESPONSES TO CONTRACTOR SUBMITTED RFIs

Section C

1. RFP 0200000 - Management and Administration, Key Personnel - 2.8.1 Key Personnel “Key personnel shall be employees of the prime contractor. Resumes and qualifications for the key personnel do not need to be submitted in advance to the Government. However, the Contracting Officer or their Representative may request documentation of project team members’ qualifications, education and training at a later time.

Individual Spec Items may stipulate additional qualifications required.”

Given that we’re a SB, and may not have experience in all six of the scope areas or the Individual Specification Items that may be stipulated at a later date, would the government accept resumes of a primary Teaming Partner if request by the government?

Answer 1: Per the RFP, “Key personnel shall be employees of the prime contractor.”

Section J

2. Exhibits A-E to the solicitation required pricing for Zones A-E. Attachment J2 – Zone Map does not label all of these zones and the ones shown are hard to read as to what label goes on what area. Would you please provide a better description of the location of these zones?

Answer 2: Revised Attachment J2_Amendment 0001 is provided. Zone Descriptions are provided in Section C of the Solicitation under Annex 000002, Spec Item 2.14.

Section M

3. In Factor 1 – Past Performance, Tab A – CPARS/PPQs, how many CPARs or PPQs are requested? Do we include the five (5) project included in Corporate Experience?

Answer 3: The number of CPARS/PPQs submitted must correspond to the five (5) projects submitted under Factor 3, Corporate Experience.

4. For Factor 2 – Safety. We are submitting as a Team, not a Joint Venture. Shall we submit Safety information for our primary Teaming Partner?

Answer 4: Safety information for the prime contractor will only be evaluated.

5. For Factor 3 – Corporate Experience, Tab A – Project Data Sheet (RFP Exhibit G). Page 60 of 239 discusses Joint Ventures but not Teams. As small businesses may not have experience in all six of the scope areas, we would like to include project information for our primary Teaming Partner.

Answer 5: Response forthcoming in next Amendment.

6. For Factor 3 – Corporate Experience, Tab A – Project Data Sheet (RFP Exhibit G). “Any licenses and/or permits held by the firm shall be stated in the proposal.” Does the government request this information within the Project Data Sheet or may we include it in the cover letter.

Answer 6: Licenses and/or permit information shall be included in the Project Data Sheet.

General

7. Does NAVFAC anticipate awarding this to one contractor or multiple contractors?

Answer 7: As stated in the RFP, in Section M, Paragraph 3, “the Government intends to award between three (3) to five (5) contracts resulting from this solicitation.”

8. The RFP Section B states “The aggregate value of all task orders awarded for the base year and four option periods shall not exceed $20,000,000.” However, in the responses to questions: Question 3: What is the total contract value and for how many years? Response: Contract N62473-10--0802 has a maximum aggregate value of $10,000,000.00 to include the base year and four, one‐year option periods. Please clarify if the contract is for $10M or $20M.

Answer 8: For this solicitation, as stated in the RFP, “The aggregate value of all task orders awarded for the base year and four option periods shall not exceed $20,000,000.” The answer to Pre-Solicitation Notice Question 3 is referring to the maximum aggregate value and number of years for the existing Exotic Pest Plant Contract, N62473-10-D-0802.

9. Can you please confirm that the Task Orders will not be awarded based on best value involving evaluation of a technical approach.

Answer 9: As these are pre-priced ELINs, the Task Orders will be awarded based on the lowest priced offeror.

10. We anticipate that there will be project scenarios with unforeseen requirements, such as off-hour work requirements. Will we have the opportunity to adjust our Total Cost for each Task Order proposal?

Answer 10: This is a firm-fixed priced contract with fixed priced ELINs. Requests for Equitable Adjustments may be considered per FAR/DFARs and subject to Contracting Officer’s review and approval.

11. What is the actual dollar total amount of the task orders issued during the entire contract period as opposed to the contract value of $10,000,000 for the 5 year term?

Answer 11: This question is a follow on to the response for Pre-Solicitation Notice Question #3 posted on Jan 09, 2014 on the FedBizOpps website, www.fbo.gov. This requested information is subject to the Freedom of Information Act (FOIA). FOIA requests must be submitted in writing to:

NAVFAC Southwest Attention: Kathy Lewis 1220 Pacific Highway, Building 127 San Diego, CA 92132 Phone: 619-532-3690 Email: kathy.lewis@navy.mil

III. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

ANNEX 0200000

0200000 - Management and Administration Spec Item Title Description 2 Management and

Administration

2.1 Definitions and Acronyms

Administrative

Contracting Officer

(ACO)

The individual designated by the Contracting Officer to administer the contract.

Contract Discrepancy Report (CDR)

A report, sent by the Government to the Contractor which the contractor is required to complete when performance is unsatisfactory. The CDR requires the Contractor to explain to the Contracting Officer, in writing within 10 calendar days, why performance is unsatisfactory, how performance shall be returned to satisfactory levels, and how recurrence of the problem shall be prevented in the future.

Contracting Officer (KO) That individual with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer.

Contractor That entity or its representative responsible for the delivery of the services or materials specified in this contract, as designated by contract award. The term Contractor as used herein refers to both the prime Contractor and any subcontractors. The prime Contractor shall insure that subcontractors comply with the provision of this contract.

Contractor Representative

That individual appointed by the Contractor, either orally or in writing, who has been assigned responsibility for executing the requirements of this contract.

Construction Equipment All mechanical equipment used in the construction, alteration or repair of buildings, bridges, roads or other kinds of real property and includes, but is not limited to, road rollers, wheel mounted backhoes and loaders, hydraulic excavators, trenchers, plows, street sweepers and brooms, dump trucks, equipment hauling trailers, line striping equipment, brush chippers, portable pumps, air compressors and welders, and mobile weight handling equipment (cranes).

DoD Department of Defense Electronic copies Submittal of products on a Compact Disk read-only memory (CD-

ROM) or Digital Versatile Disc read-only memory (DVD-ROM), unless otherwise stipulated in the ELIN.

ELIN Exhibit Line Item Numbers Exotic Pest Plant (or weed) A non-native plant species which is naturalized or has the potential to naturalize, and which has the potential to disrupt native ecosystem processes. The species to be targeted will be specified in each Task Order.

Facility A building or structure designed and created to serve a particular function.

Herbicide A chemical substance used to destroy or inhibit the growth of plants, especially weeds.

Native Vegetation Plant species which have evolved in the location in question or have

0200000 - Management and Administration Spec Item Title Description disbursed to the site via natural means such as windblown seed.

Navy Technical

Representative (NTR) The individual designated by the KO to be responsible for the monitoring of Contractor performance on the Task Order. The NTR also serves as the Technical Representative for the Task Order responsible for ensuring that all work is performed per the requirements and specifications outlined in the Task Order, and that the work performed, including all written reports and professional services are of an acceptable technical quality. The NTR shall be the first and primary point of contact for the Contractor and Station Point of Contact regarding any injuries, questions, concerns, and issues related to the implementation of the requirements and specifications of the Task Order. The NTR has no authority to make any changes to the Task Order, and only the KO may effect any change to the Task Order.

Performance Assessment A method used by the Government to provide some measure of control over the quality of purchased goods and services received.

Performance Assessment Representative (PAR)

That individual designated by the KO to be responsible for the monitoring of Contractor performance of the task order. The PAR also serves as the Technical Representative for the task order.

Pest Control Advisor’s License

A license issued by the State of California, Department of Pesticide Regulation (or equivalent in state where work is occurring).

Applicants must pass an exam.

Pesticide A chemical used to kill or injure harmful organisms. For the purposes of this contract, this term is largely synonymous with herbicide.

Pesticide Application Plan A document which outlines the best, most efficient way treating the target species at a specific site. This plan may only be prepared by a person having a Pest Control Advisor’s license.

Pesticide Drift Unintentional movement of pesticide spray outside of the target area.

Pesticide Report A report documenting types and quantities of pesticide utilized in treatment.

Project Report A report prepared at the end of a project which contains a description of the treatment area, methods, results, conclusions and future recommendations.

Qualified Applicator’s License

A license issued by the State of California, Department of Pesticide Regulation (or equivalent in state where work is occurring).

Applicants must pass an exam.

Site Visit A visit to the area to be treated.

Spray A solution which includes pesticides.

Station Point of Contact

(SPOC)

A representative from a specified Department of Defense installation designated as the point of contact for access and site issues for the Contractor while working on a given Task Order. The SPOC is responsible for providing the technical requirements of the Task Order to the NTR. The SPOC has no authority to make any changes to the Task Order, and only the KO may affect any change.

STR Service Technical Representative Task Order (TO) A task order is a document (DD Form 1155) issued by a Contracting

Officer unilaterally or bilaterally for work to be performed in accordance with Annex 18. Any changes to a task order shall only be made by the Contracting Officer.

Target plants/weeds/species

Species and or populations of plants which have been identified for treatment.

2.2 General Information

2.2.1 Government Regular The Government's regular working hours are from 0730-1630, five

Spec Item Title Description

Working Hours days per week, Monday through Friday, except observed Federal holidays. Exceptions, if any, to the regular hours of operation are detailed in subsequent sections of this PWS. The performance of work requirements shall be accomplished within the Government’s regular working hours unless the specific work requirement specified herein necessitates otherwise. Any other work outside Government regular working hours requires prior KO approval.

2.2.1.1 Observed Federal

Holidays

The Government observes the following holidays: New Year’s Day, Martin Luther King Jr.’s Birthday, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, and Christmas Day.

2.2.1.2 Restriction to Contractor

Working Hours

None unless identified in the task order.

2.2.2 Wage Determinations Refer to Section H for Wage Determinations incorporated by reference.

2.2.3 Requirements Hierarchy Requirements or definitions specified in each spec item of this contract apply to subordinate paragraphs. For example, requirements shown in spec item 3.1 would apply to spec items 3.1.1, 3.1.2, 3.1.2.1 and so on.

2.3 General Administrative

Requirements

2.3.1 Required Conferences and

Meetings

The Contractor may be required to attend administrative and coordination meetings. The Contractor shall attend meetings as specified in the individual task orders.

2.3.2 Permits and Licenses The Contractor shall obtain all required permits, licenses and authorizations to perform work under this contract and comply with all the applicable federal, state and local laws and regulations. The Contractor shall provide evidence of such permits and licenses to the Contracting Officer before work commences on each Task Order and at other times as requested by the KO. No work under this contract shall violate any conditions stipulated in federal or state permits issued in support of such work. The Contractor shall be responsible for all permit violations or other illegal acts conducted by Contractor or Sub-Contractor personnel including any consequences that arise from these actions.

2.3.3 Insurance Within 15 days after award of this contract, the Contractor shall furnish the KO a certificate of insurance as evidence of the existence of the following insurance coverage in amounts not less than the amounts specified below in accordance with the FAR Clause 52.228-

05, INSURANCE – WORK ON A GOVERNMENT

INSTALLATION. This insurance must be maintained during the performance period.

2.3.3.1 Certificate of Insurance The Certificate of Insurance shall provide for at least 30 calendar days written notice to the KO by the insurance company prior to cancellation or material change in policy coverage. Other requirements and information are contained in the aforementioned insurance clause.

2.3.3.2 Minimum Insurance

Amounts

The Contractor shall procure and maintain, during the entire period of performance under this contract, the following minimum insurance coverage:

Comprehensive General Liability: $500,000 per occurrence

Spec Item Title Description

Automobile Liability: $200,000 per person, $500,000 per occurrence, $20,000 per occurrence for property damage

Workmen's Compensation: As required by Federal and state worker's compensation and occupational disease statutes

Employer's Liability coverage: $100,000, except in states where worker's compensation may not be written by private carriers

Other as required by state law>>

2.3.4 Protection of Government

Property

During execution of the work, the Contractor shall protect Government property. The Contractor shall return areas damaged as a result of negligence under this contract to their original condition at no cost to the Government, including re-vegetation or replacement of damaged habitat if necessary. Unauthorized collection of cultural material is not allowed. The Government will consider unauthorized collection a violation of the Archaeological Resource Protection Act and subject to criminal and civil penalties. The Contractor is expressly prohibited from plant or animal collection on Government property other than as specified in the Task Order. The Contractor is specifically prohibited from carrying out any activities not specified under a Task Order unless written approval is obtained from the Contracting Officer. No animals will be brought on to Government property and released without the consent of the Contracting Officer.

Personal pets are not to be brought on to Government property. The Contractor will not remove dead, injured or sick wildlife from Government property. All such wildlife shall be reported immediately to the Contracting Officer.

2.3.5 Instructions, Directives, and References

Applicable Department of Defense (DoD), Secretary of the Navy (SECNAV), Chief of Naval Operations (OPNAV), and other directives, instructions, and references are listed below. The Contractor shall comply with the most current version of directives, instructions, and references including versions published during the term of the contract.

2.3.5.1 Applicable Laws, Regulations and References

The following lists laws, regulations, and references that are applicable to this contract.

American Indian Religious Freedom Act of

The American Indian Religious Freedom Act of 1978 (PL 95-341; 42 USC § 1996) directs consultations with traditional leaders, where appropriate, to insure continuity in religious practices on Federal lands. The Act requires the Federal government to protect the right of American Indian, Eskimo, Aleut, and Native Hawaiian to exercise traditional religious practices.

Antiquities Act of 1906

The Antiquities Act of 1906 (PL 59-209; 16 USC §§ 431 et seq.;)

authorizes the President to designate as National Monuments historic and natural resources of national significance located on Federally owned or controlled lands. The act further provides for the protection of all historic and prehistoric ruins and objects of antiquity located on Federal lands by providing criminal sanctions against excavation, injury, or destruction of such antiquities without the permission of the Department having jurisdiction over such resources. The Secretaries

Spec Item Title Description of the Interior, Agriculture, and Defense are further authorized to issue permits for archaeological investigations on lands under their control to recognize educational and scientific institutions for the purposes of systematically and professionally gathering data of scientific value.

Archaeological and Historic Preservation Act of 1974

The Archaeological and Historic Preservation Act of 1974 (Moss- Bennett Act; 16 USC §§ 469 et seq.) provides for the protection of historic and archaeological sites threatened by Federal or Federally funded or assisted construction projects.

Archaeological Resources Protection Act of 1979

The Archaeological Resources Protection Act of 1979 (16 USC §§ 470 et seq., 1982) sets up penalties for destruction or removal of archaeological materials from Federal land without the proper permits. Requirements for obtaining these permits are also established by this regulation.

Bald and Golden Eagle Protection Act

The Bald and Golden Eagle Protection Act (PL 95-616; 16 USC §§ 668 et seq.) provides for protection of the bald and golden eagles by prohibiting taking, possession, and commerce in the birds.

California Water Code

The California Water Code Section 1243 declares the reservation of water for the enhancement and protection of fish and wildlife to be a beneficial use.

Carson-Foley Act of 1968 The Carson-Foley Act (aka Noxious Plant Control Act) (PL 90-583;

43 USC § 1241) provides for the control of noxious plants on lands under control or jurisdiction of the Federal Government.

Clean Air Act

The Clean Air Act (42 USC § 7401 et seq.) is the major federal legislation addressing air pollution control on a national level. It establishes national ambient air quality standards (NAAQS) for common air pollutants (“criteria pollutants”) and requires States to institute controls with established air quality control regions to achieve the NAAQS. The Act requires the US EPA to establish necessary air quality control where States fail to do so. Severity of controls increases as degree of nonattainment with NAAQS increases.

Mandates EPA regulation of 138 identified “hazardous air pollutants.” Implements the Montreal Protocol on Ozone Depleting Substances (ODS), mandating phase out of ODS production, prohibiting intentional venting of ODS refrigerants during appliance servicing, and requires technician certification.

Clean Water Act The Clean Water Act regulates the discharge of pollutants to waters of the United States in order to protect water quality and the beneficial uses of these waters. Through a permit application process, CWA Section 401 regulates dredge and fill discharges to waters of the United States.

Coastal Zone Management Act

The Coastal Zone Management Act (CZMA) of 1972 (16 USC § 1451, et seq.) requires federal permit applicants to obtain a certification that verified activities proposed within the “coastal zone” are consistent with state coastal zone management programs; e.g.

federal Clean Water Act and §404 applicants. The CZMA creates a broad program based on land development controls within coastal zones, incorporating State involvement through the development of programs for comprehensive state management. The CZMA also requires Federal agencies or licensees to carry out their activities in such a way that they conform to the maximum extent practicable with a state’s coastal zone management program.

Community The Community Environmental Response Facilitation Act (CERFA)

Spec Item Title Description

Environmental Response Facilitation Act

(42 USC § 9601 note, 9620) amends CERCLA Section 120 (h) to allow expedition of reuse and redevelopment of Federal facilities being closed.

Comprehensive Environmental Response, Compensation, and Liability Act of 1980

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA; 42 USC §§ 9601 et seq.), also known as Superfund, establishes programs for the cleanup of hazardous waste disposal and spill sites to ensure protection of human health and the environment. Designates the President as trustee for Federally protected or managed natural resources.

Conservation Programs on Military Reservations

The Conservation Programs on Military Reservations (PL 90-465; 16 USC §§ 670 et seq.) amended PL 86-797 to include outdoor recreation programs on military lands. It requires each military department to manage natural resources and to ensure that services are provided which are necessary for management of fish and wildlife resources on each installation; to provide their personnel with professional training in fish and wildlife management; and, to give priority to contracting work with Federal and State Agencies that have responsibility for conservation or management of fish and wildlife.

Authorizes cooperative agreements (with States, local governments, non-governmental organizations, and individuals) which call for each party to provide matching funds or services to carry out natural resources projects/initiatives.

Defense Appropriations Act of 1991

The Defense Appropriations Act of 1991 (10 USC § 2701) establishes the Legacy Resource Management Program for the stewardship of biological, geophysical, cultural and historic resources on Department of Defense (DoD) lands.

Emergency Planning and Community Right-to- Know Act of 1986

The Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 USC §11001 et seq.) is also known as Title III of the Superfund Amendments and Reauthorization Act (SARA).

EPCRA focuses on the hazards associated with toxic chemical releases. Most notably, specific sections of EPCRA require immediate notification of releases of oil and hazardous substances and CERCLA-defined hazardous substances to State and local emergency response planners. The Act requires State and local coordination in planning response actions to chemical emergencies, and certain industries to submit information on chemical inventories and fugitive emissions.

Endangered Species Act

The Endangered Species Act (ESA) (PL 93-205; 7 USC § 136, 16 USC §§1531 et seq.), of 1973 requires that all Federal Agencies undertake programs for the conservation of endangered and threatened species. These agencies are prohibited from authorizing, funding, or carrying out any action that would jeopardize a listed species or destroy or modify its “critical habitat” (Section 7). Critical habitat is usually designated concurrently with a listing. Section 9 prohibits the “taking” of endangered fish or wildlife, including direct killing, harming, harassing, or destruction of habitat.

Federal Flood Disaster Prevention Act

The Federal Flood Disaster Prevention Act (PL 93-234; 42 USC §§ 4001 et seq.) established the Federal Flood Insurance Program, which has provided some incentives for construction outside flood prone areas. To a limited degree, this has reduced destruction of riparian vegetation by developments. President Carter issued two executive orders in a related effort: EO 11988 (Floodplain Protection) directed Federal agencies to avoid construction in flood hazard areas and to

Spec Item Title Description seek restoration and preservation of the natural and beneficial values of floodplains; EO 11990 (Protection of Wetlands) directed Federal agencies to minimize the destruction, loss, or degradation of wetlands.

Federal Insecticide, Fungicide, and Rodenticide Act

The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 USC §136 et seq.) provides the principal means for preventing environmental pollution from pesticides through product registration and applicator certification. The registration of all pesticide products by EPA results in label instructions on each container for use, storage, and disposal. Label instructions are legally applicable to all users.

Under FIFRA, EPA is required to accept certain pesticides under recall for safe disposal. It is unlawful to purchase, distribute, or use any pesticide that does not have any EPA registration number or for which registration has been cancelled or suspended, or to apply, store, or dispose of any pesticide or container in any manner inconsistent with applicable regulations.

Federal Noxious Weed Act of 1974

The Federal Noxious Weed Act of 1974 (PL 93-629; 7 USC § 2801) provides for the control and eradication of noxious weeds and their regulation in interstate and foreign commerce.

Federal Water Pollution Control Act Amendments of 1972

The Federal Water Pollution Control Act Amendments of 1972 (see Clean Water Act; 33 USC §§ 1251 et seq.) sets up a Federal permit and license system to carry out certain pollution discharge activities in navigable waters.

Fish and Wildlife Conservation Act of 1980

The Fish and Wildlife Conservation Act of 1980 (PL 96-366; 16 USC §§2901 et seq.) provides for conservation, protection, restoration and propagation of certain species, including migratory birds threatened with extinction.

Fish and Wildlife Conservation and Military Reservations Act

See Sikes Act.

Fish and Wildlife Coordination Act

The Fish and Wildlife Coordination Act (PL 85-624; 16 USC §§ 661 et seq.) mandates that wildlife conservation receive equal consideration and be coordinated with other features of water resource development. The intent is to prevent loss or damage of wildlife and provide for development and improvement of wildlife in conjunction with water development projects. Federal agencies proposing to impound, divert, or control surface waters are required to consult with the USFWS and CDFG, to include and give full consideration to the recommendations of these agencies, and to provide justifiable means and measures for benefiting wildlife in project plans. ACOE must coordinate permit applications with USFWS and CDFG. Like NEPA, implementation of this Act is essentially procedural in that no particular outcome is mandated. The Act authorizes project modification, land acquisition, and other measures necessary to protect wildlife.

Historic Sites Act of 1935

The Historic Sites Act of 1935 (PL 74-292; 16 USC §§ 461 et seq., 1982) establishes as national policy the preservation for public use of historic resources, by giving the Secretary of the Interior the power to make historic surveys and to document, evaluate, acquire, and preserve archaeological and historic sites across the country. The Act led to the eventual establishment within the National Park Service of the Historic Sites Survey, the Historic Buildings Survey, and the Historic Sites Engineering Record.

Spec Item Title Description Magnuson-Stevens

Fishery Conservation Management Act

The statute includes a mandate that Federal agencies must consult with the Secretary of Commerce (through the National Marine Fisheries Service) on all activities, or proposed activities, authorized, funded, or undertaken by the agency, that my adversely affect Essential Fish Habitat.

Migratory Bird Treaty Act

The Migratory Bird Treaty Act (PL 65-186, as amended; 16 USC §§ 703 et seq.) protects most birds, whether or not they migrate. Birds, their nests, eggs, parts, or products may not be killed or possessed.

Game birds are listed and protected except where specific seasons, bag limits, and other features govern their hunting. Exceptions are made for some agricultural pests, which require a USFWS permit (yellow-headed, red-winged, bi-colored red-winged, tri-colored red-winged, Rusty and Brewer’s Blackbirds, Cowbirds, all grackles, crows, and magpies). Some other birds that injure crops in California may be taken under the authority of the County Agricultural Commissioner (meadowlarks, horned larks, golden-crowned sparrows, white-and other crowned sparrows, goldfinches, house finches, acorn woodpeckers, Lewis woodpeckers, and flickers).

Permits may be granted for various non-commercial activities involving migratory birds and some commercial activities involving captive-bred migratory birds.

Military Construction Authorization Act – Military Reservation and Facilities-Hunting, Fishing and Trapping

The Military Construction Authorization Act – Military Reservation and Facilities-Hunting, Fishing and Trapping (10 USC § 2671) requires that all hunting, fishing, and trapping on military installations follow Fish and Game laws of the state in which it is located, and be issued appropriate state licenses for these activities.

Military Construction Authorization Act of 1975

The Military Construction Authorization Act of 1975 (10 USC § 2665) allows the proceeds from the sale of recyclable material to be credited to the installation to cover specified costs.

National Environmental Policy Act of 1969

The National Environmental Policy Act of 1969 (NEPA) (42 USC §§ 4321 et seq.) evolved over 10 years from the desire of Congress to have a cohesive statement of the national environmental policy.

Agencies must assess, in detail, the potential environmental impact of any proposal for legislation or other major Federal action that has the potential for significantly affecting the quality of the human environment. The Act is intended to help public officials and citizens make decisions that are based on understanding of environmental consequences and take action that protects, restores, and enhances the environment.

NEPA mandates that agencies use a “systematic, interdisciplinary approach” that integrates the natural and social sciences and environmental design. The courts have interpreted this mandate to be essentially “procedural,” that is, environmental impacts must be considered, but proposals with environmentally damaging consequences need not necessarily be rejected.

The law requires a detailed statement of “significant” environmental impact of “major” Federal actions. An action may be significant in terms of geographical extent, long-term impact, potential risk, or because of its effect on heritage resources or endangered species.

The process identifies reasonable alternatives to proposed actions that might have less or no environmental effect. Individual and cumulative

Spec Item Title Description impacts must be considered. A three-tiered approach is used to evaluate impacts: 1) The Environmental Assessment (EA) is the analysis to be completed when the government is uncertain as to whether an action will significantly affect the environment or the action is controversial. The result of an EA is either a Finding of No Significant Impact (FONSI) or a requirement to complete an Environmental Impact Statement (EIS); 2) The EIS is a full disclosure document that presents a full and unbiased discussion of significant impacts, informing the public and decision makers of reasonable alternatives to the proposed action; and 3) A Categorical Exclusion (CATEX) is used for actions which do not individually or cumulatively have a significant effect on the human environment and which have been found to have no such effect in procedures adopted by the Department of the Navy in implementation of Federal regulations and for which, therefore, neither and EA nor an EIS is required.

National Historic Preservation Act of 1966

The National Historic Preservation Act of 1966 (PL 89-665; 16 USC §§ 470 et seq.) expanded the National Register of Historic Places, provided a list of significant historic and pre-historic sites and districts, and gave them formal protection. Section 106 requires that Federal agencies with direct or indirect jurisdiction over such properties identify them for the Federal Register. It further directs agencies to consider historic and archaeological resources during planning, and allows the Advisory Council on Historic Preservation, established by this Act, an opportunity to comment when a Federal undertaking could affect historic properties.

National Trails Systems Act of 1968

National Trails Systems Act of 1968 (16 USC § 1271) promotes development of recreational, scenic, and historic trails for persons of diverse interest and abilities.

Native American Graves Protection and Repatriation Act of 1990

The Native American Graves Protection and Repatriation Act of 1990 (NAGPRA) (PL 101-601; 25 USC §§ 3001 et seq.) provides requirements for treatment, determination of ownership, control of, and repatriation of human remains and cultural items on Federal or Tribal lands. The term “Indian Tribe” refers to any Tribe, band, nation, or other organized Indian group or community that is on the current list of recognized Indian Tribes published by the Bureau of Indian Affairs. “Human remains” refers to all Native American human remains.

Noise Control Act of

The Noise Control Act of 1972 (42 USC § 4901 et seq.) (as amended by the Quiet Communities Act) authorizes establishment of Federal noise emission standards for products distributed in commerce, and coordinates Federal research efforts in noise control.

Noxious Plant Control Act

See Carson-Foley Act.

Oil Pollution Act of 1990 The Oil Pollution Act of 1990 (OPA) (33 USC §§2701 et seq.)

provides that the National Contingency Plan (NCP) include planning, rescue and minimization of damage to fish and wildlife in responding to oil pollution.

Outdoor Recreation- Federal/State Program Act

The Outdoor Recreation-Federal/State Program Act (PL 88-29; 16 USC §§ 460(L) et seq.) provides for the management of lands used for outdoor recreation. Requires consultations with US National Park Service regarding management.

Pollution Prevention Act The Pollution Prevention Act of 1990 (PPA) (42 USC § 13101 et

Spec Item Title Description of1990 seq.) establishes the national policy that “pollution should be prevented or reduced at the source whenever feasible. Pollution that cannot be prevented should be recycled in an environmentally safe manner. Disposal or other release of pollutants into the environment should be employed only as a last resort and should be conducted in an environmentally sound manner.”

Porter-Cologne Water Quality Control Act

The Porter-Cologne Water Quality Control Act (California Water Code §§13000 et seq.) is the State’s primary water law. It gives the State Water Resources Control Board (SWRCB) and the nine regional water quality control boards substantial authority to regulate water use.

Program for Conservation and Rehabilitation of Natural Resources on Military Installations

The Program for Conservation and Rehabilitation of Natural Resources on Military Installations (PL 90-465; 16 USC §§ 670 et seq.) requires each military department to manage natural resources and to ensure that services are provided which are necessary for management of fish and wildlife resources on each installation; to provide their personnel with professional training in fish and wildlife management; and, to give priority to contracting work with Federal and State Agencies that have responsibility for conservation or management of fish and wildlife. This Program authorizes cooperative agreements (with States, local governments, non-governmental organizations, and individuals) which call for each party to provide matching funds or services to carry out natural resources projects/initiatives.

Resource Conservation and Recovery Act

The Resource Conservation and Recovery Act (RCRA) (42 USC §§ 6901 et seq.) establishes a comprehensive program which manages solid and hazardous waste. Subtitle C, Hazardous Waste Management, sets up a framework for managing hazardous waste from its initial generation to its final disposal. Waste pesticides are included under hazardous waste management requirements.

Safe Drinking Water Act

The Safe Drinking Water Act (SDWA) (42 USC §§300(f) et seq.)

prescribes treatment and distribution control strategies for abating contamination of drinking water and also requires the establishment of a permit program to regulate injection of liquids into underground strata. The SDWA provides for direct control of underground injection of fluids that may affect groundwater supplies. States may assume the predominant role in executing groundwater protection programs. The EPA has direct responsibility only if a State chooses not to participate in an underground injection control (UIC) program.

Sikes Act (Fish and Wildlife Conservation and Military Reservations Act)

The Fish and Wildlife Conservation and Military Reservations Act (Sikes Act; 16 USC § 670) applies to any installation in the US with land or water suitable for conservation of fish and wildlife. It requires that fish and wildlife be part of and integrated into a multiple use program for managing natural resources. This includes a requirement to develop a cooperative management plan with State and Federal fish and wildlife conservation agencies. The law sets the guidelines for charging user fees and retaining the funds to benefit the activity such as improving habitat or restocking a fishpond. The Fish and Wildlife Conservation and Natural Resources Management Programs on Military Reservations amends the Sikes Act to require that trained professionals be used to integrate fish and wildlife into a balanced natural resource program.

Sikes Act Improvement The Sikes Act Improvement Act (SAIA) of 1997 (PL 105-85) now requires implementation of the Integrated Natural Resources Management Plan (INRMP), not simply its preparation. Additionally, the Navy Office of General Counsel (EI&E) has determined that SAIA requirements for INRMP implementation necessitate the preparation of NEPA documentation prior to Plan approval. The preparation of an Environmental Assessment (EA) will suffice for most proposed installation INRMPs.

Soil Conservation Act

The Soil Conservation Act (PL 74-46; 16 USC § 590A) provides for application of soil conservation practices on Federal lands. Requires Federal agencies to control and prevent soil erosion and preserve natural resources in managing Federal lands. Stream Alteration Controls The Department of Fish and Game’s authority over the use of suction dredges (Fish and Game Code, § 5653), alterations of fish spawning areas (Fish and Game Code, § 1505), and alterations of stream beds in general (Fish and Game Code, §§ 1601 et seq.) are all useful tools for the protection of in-stream resources (but generally not for riparian vegetation outside of the stream or overflow areas).

Stream Alteration Controls

The Department of Fish and Game’s authority over the use of suction dredges (Fish and Game Code, § 5653), alterations of fish spawning areas (Fish and Game Code, § 1505), and alterations of stream beds in general (Fish and Game Code, §§ 1601 et seq.) are all useful tools for the protection of in-stream resources (but generally not for riparian vegetation outside of the stream or overflow areas).

Wild and Scenic River

The Wild and Scenic River Act (PL 90-542; 16 USC § 1271-1287) requires identification and protection of any river or stream that qualifies under the act.

Youth Conservation Corps Act

The Youth Conservation Corps Act of 1970, amended (PL 93-408, as amended; 16 USC § 1701-1706) expands and makes permanent a Youth Conservation Corps (YCC) program and establishes objectives for youth employment and conservation work on public lands.

2.3.5.2 Executive Orders (EO) The following are executive orders that are relevant to Natural Resources.

EO 11644 – Use of Off- Road Vehicles on the Public Lands (8 Feb 1972). Amended by EO 11989 and EO 12608.

This EO requires federal land managing agencies, including the Department of Defense, to issue regulations governing use of off-road vehicles on public lands. Regulations shall be designed to protect natural resources and protect safety of individuals involved. It clarifies agency authority to define zones of use by off-road vehicles on public lands and amends EO 11644 of 8 February 1972, by exempting fire, military, emergency, law enforcement, or combat/combat support vehicles.

EO 11987 - Exotic Organisms

The Exotic Organisms EO requires Federal agencies to restrict the introduction of exotic species into the natural ecosystems on lands and waters owned or leased by the United States.

EO 11988 – Floodplain Management

The Floodplain Management EO specifies that “Agencies shall encourage and provide appropriate guidance to applicants to evaluate the effects of their proposals in floodplains prior to submitting applications.” This order includes wetlands that are within the 100-year floodplain and especially discourages filling.

EO 11990 – Protection of Wetlands

Requires federal agencies to avoid undertaking or providing assistance for new construction located in wetlands unless there is no

Spec Item Title Description practicable alternative, and all practicable measures to minimize harm to wetlands have been implemented.

EO 11503 – Protection and Enhancement of the Cultural Environment

Protection and Enhancement of the Cultural Environment directs Federal agencies to take a leadership role in preserving, restoring, and maintaining the historic and cultural environment of the Nation.

Federal agencies must locate, inventory, and nominate to the National Register all historic resources under their jurisdiction or control. Until these processes are completed, agency heads must exercise caution to ensure that potentially qualified Federal property is not inadvertently transferred, sold, demolished, or substantially altered. When planning projects, agencies are urged to request the opinion of the Secretary of the Interior as to the eligibility for National Register listing of properties whose resource value are questionable or have not been inventoried. Agencies are directed to institute procedures, in consultation with the President’s Advisory Council on Historic Preservation, to ensure that Federal plans and programs contribute to the preservation and enhancement of non-Federally owned historic resources. The Navy and Marine Corps achieve protection of National Register historic and Archaeological sources through implementation of the Historic and Archaeological Resources Protection (HARP) Plan. The plan facilitates compliance by providing management goals, priorities, and standard operating procedures for site protection.

EO 11514 – Protection and Enhancement of Environmental Quality

Protection and Enhancement of Environmental Quality directs issuance of instructions and guidelines relative to preparation of environmental impacts. This order created the Council on Environmental Quality to oversee the implementation of NEPA, mediate disputes and develop environmental policy.

EO 11991- Protection and Enhancement of Environmental Quality

Protection and Enhancement of Environmental Quality (EO 11991) amends EO 11514 to require Council on Environmental Quality to issue regulations to make environmental impact statements more effective.

EO 11990 – Protection of Wetlands

Directs all federal agencies to “take action to minimize the destruction, loss, or degradation of wetlands, and to preserve and enhance the natural and beneficial values of wetlands.” This applies to acquisition, management, and disposal of federal lands and facilities; to construction of improvements undertaken, financed, or assisted by the federal government; and to the conduct of federal activities and programs which affect land use.