Amend_0001_RFP_N6247319R6005.pdf

ACQR4918222

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

The purpose of this amendment is to incorporate changes to the solicitation as provided herein. To include changes to Spec Item 2.9.1 to delete the first sentence, that requires for submittal of Key Personnel resumes and to delete the statement “unless otherw ise specified”.

Also, change Section L of the solicitation to add the revised price proposal spreadsheet, titled "ELINS_A_F_PRICE_SPREADSHEET_FOR_NR_IDIQ-REV1". Offerors shall use this spreadsheet to submit their price proposals. It is also incubment on offerors to review the entire amendment for any other changes that may have been made, if any.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 49

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

16C. DATE SIGNED

BY 27-Mar-2019

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 N6247319R6005

X 9B. DATED (SEE ITEM 11)

19-Mar-2019

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 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

27-Mar-2019

CODE

NAVFAC SOUTHWEST

ENVIRONMENTAL CONTRACTS CORE

CODE ECOMP

937 NORTH HARBOR DRIVE

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:

N6247319R6005

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

ANNEX 2

Annex 0200000 - Management and Administration

Table of Contents Spec Item/ Title 2 Management and Administration

2.1 Definitions and Acronyms

2.2 General Information

2.2.1 Government Regular Working Hours

2.2.1.1 Observed Federal Holidays

2.2.1.2 Restriction to Contractor Working Hours

2.2.2 Wage Determinations

2.2.3 Requirements Hierarchy

2.3 General Administrative Requirements

2.3.1 Required Conferences and Meetings

2.3.2 Permits and Licenses

2.3.3 Insurance

2.3.3.1 Certificate of Insurance

2.3.3.2 Minimum Insurance Amounts

2.3.4 Protection of Government Property

2.4 Instructions, Directives, and References

2.4.1 Applicable Laws, Regulations and References

2.4.2 Executive Orders (EO)

2.4.3 Federal Regulations – Code of Federal Regulations (CFR)

2.4.4 Department of Defense Directives and Instructions

2.4.5 Department of the Navy Manuals and Instructions

2.4.6 Invoicing Procedures

2.5 Government-Furnished Property, Materials and Services

2.5.1 Government-Furnished Facilities (GFF)

2.5.2 Government-Furnished Utilities

2.5.3 Government-Furnished Materials (GFM)

2.5.4 Government-Furnished Equipment (GFE)

2.5.5 Availability of Utilities

2.6 Contractor-Furnished Items

2.7 Product Ownership

2.7.1 Publications

2.7.2 Data, Field Notes, Field Specimens and Products

2.8 Management

2.8.1 Work Control

2.8.2 Work Schedule

2.8.3 Frequency of Service

2.8.4 Deliverables

2.8.5 Corporate Quality Control (QC) Program Requirements

2.8.5.1 Corporate Quality Control (QC) Plan

2.8.5.2 Quality Inspection and Surveillance

2.9 Personnel Requirements

2.9.1 Key Personnel

2.9.1.1 Senior Scientist/Supervisor

2.9.1.2 Procurement/Contracts Manager

2.9.1.3 Project Manager (PM) / Supervisory Resource Specialist

2.9.1.4 Statistician

2.9.1.5 Quality Control Manager (QCM)

Spec Item Title

2.9.2 Non-Key Personnel

2.9.2.1 Wetland Delineator

2.9.2.2 Biologist

2.9.2.3 Environmental Education Media Coordinator

2.9.2.4 Field Technician

2.9.2.5 Geographic Information and Global Positioning System Professional and Analyst

2.9.2.6 Site Safety and Health Officer (SSHO)

2.9.3 Employee Requirements

2.9.3.1 Employee Appearance

2.9.3.2 Employee Conduct

2.9.3.3 Identification as Contractor Employee

2.9.3.4 Removal of Employees

2.9.3.5 Proof of Legal Residency

2.10 Security Requirements

2.10.1 Employee Listing

2.10.2 Vehicles

2.10.3 Passes and Badges

2.10.4 Access to Installation

2.10.4.1 NCACS Program

2.10.4.2 One-Day Passes

2.10.5 Access to Work Areas

2.10.6 Access to Buildings

2.10.7 Access Arrangements

2.10.8 Security Clearances

2.10.9 Installation Stipulations and Regulations

2.11 Contractor Safety Program

2.11.1 Accident Prevention Plan (APP)

2.11.2 Activity Hazard Analysis (AHA)

2.11.3 Emergency Response Plans

2.11.4 Hazards

2.11.5 Emergency Medical Care

2.11.6 Accident Reporting

2.11.7 Damage Reporting

2.11.8 Fire Protection

2.11.9 Monthly Exposure Report (MERs)

2.11.10 OSHA Citations and Violations

2.11.11 Safety Inspections and Monitoring

2.11.12 Safety Certification

Spec Item Title

2.12 Environmental Management and Sustainability

2.12.1 Energy Efficient Products

2.12.2 Environmental Protection

2.12.2.1 Non-Hazardous Waste Disposal

2.12.2.2 Hazardous Waste Disposal

2.12.2.3 Spill Prevention, Containment, and Clean-up

2.12.2.4 Hazardous Material Use

2.12.2.5 Protection of Endangered and Threatened Species (Flora and Fauna)

2.12.2.6 Noise Control

2.12.2.7 Salvage

2.13 Disaster Preparedness

2.14 Energy Management

2.14.1 Warranty Management

2.15 Indefinite Delivery/Indefinite Quantity (IDIQ) Work

2.15.1 Firm Fixed Price (FFP) Work

2.15.2 FFP Exhibit Line Item Numbers (ELINs)

2.15.3 Non Pre-Established Fixed Price Work

2.15.3.1 IDIQ Preparation of Proposals

2.15.4 Issuance of Task Order

2.16 Invoicing and Receiving Payment

2.17 Partnering

2.17.1 Informal Partnering

2.17.2 Contract Partnering Administration

2.17.3 Contract Partnering Session Attendees

2.18 Geographical Zone Area of Services

Spec Item/Title

2 Management and Administration

2.1 Definitions and Acronyms

Administrative Contracting Officer (ACO) The individual designated by the Contracting Officer to administer the contract.

Authorized and/or Permitted Biologist The Authorized and/or Permitted Biologist is the individual with permission from the regulatory agency (if applicable, usually USFWS) and experience to handle species or specimens. Where this individual is potentially other than the Biological Monitor or Biologist, the Spec Item refers to this individual as the Authorized and/or Permitted Biologist. In all other cases, this person is assumed to be the Biologist or Biological Monitor.

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.

Contracting Officer Representative (COR) The individual designated by the KO to be responsible for the monitoring of Contractor performance on the Task Order. The COR 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 COR shall be the first and primary point of contact for the Contractor and base Point of Contact regarding any injuries, questions, concerns, and issues related to the implementation of the requirements and specifications of the Task Order. The COR has no authority to make any changes to the Task Order, and only the KO may affect any change to the Task Order.

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 ensure 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).

2.1 Definitions and Acronyms – Continued

Degree in Natural Sciences Natural science degrees include biology, wildlife biology, wildlife management, botany, ecology, range science, hydrology, soil science, and/or zoology. If major is not from subject list above, resume must include transcript with additional educational requirements including dates, courses, and institution highlighting 24 semester hours in the subject. Degrees in hydrology and soil science, etc. may be considered acceptable if field experience with natural resources projects is indicated in the resume. For this procurement, majors in planning or engineering are not considered “natural sciences.”

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 Number.

ESA

Endangered Species Act

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

Field Experience Number of hours experience in the field, not including pre-field preparation time, travel or data download

Field Season A field season in reference to experience is considered an individual having the minimum of three (3) months of general field work in a year, appropriately timed to the relevant specialized field experience to the organism’s life cycle and biology of the biota per the Spec Item and/or permit.

GIS

Geographic Information System

GPS

Global Positioning System

Installation Point of Contact (IPOC) 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.

MAPS

Monitoring Avian Productivity and Survivorship

MBTA

Migratory Bird Treaty Act

2.1 Definitions and Acronyms – Continued

NCCP

Natural Community Conservation Planning

NGO

Non-Governmental Organization

NEPA

National Environmental Policy Act

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 the Contractor performance of the task order. The PAR also serves as the Technical Representative for the task order.

Pre-performance Meeting A meeting among all parties to initiate work. Also known as a Kickoff-meeting.

SDSFIE

Spatial Data Standards for Facilities, Infrastructure, and Environment

Task Order 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.

USACE

United States Army Corps of Engineers

USFWS

United States Fish and Wildlife Service

USGS

United States Geological Survey

USMC

United States Marine Corps

UTM

Universal Transverse Mercator

Years of Experience Experience equivalent to full time work during the relevant season(s) for the work covered in the Spec Item.

2.2 General Information

2.2.1 Government Regular Working Hours

The Government's regular working hours are from 0730-1630, five 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 specific work requirement specified 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 Determination 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. Specifically, the Contractor’s representative shall meet with the Government’s representatives monthly during the first three months of the contract. Thereafter, meetings will be as often as necessary at the direction of the KO. A mutual effort will be made to resolve all problems identified. The Contractor’s representative and the Government’s representative shall approve the written minutes of these meetings, prepared by the Contractor and reviewed by the Government.

Should the Government not concur with the minutes, the Contractor shall state in writing to the KO (via the COR) any areas of disagreement within 15 calendar days.

2.3.2 Permits and Licenses

The Contractor shall, without additional expense to the Government, 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 KO before work commences on each task order and at other times as requested by the KO. No survey shall violate any conditions stipulated in federal or state permits issued in support of the survey effort. The Contractor shall be responsible for all permit violations or other illegal acts conducted by Contractor or Sub-Contractor personnel and the consequences thereof, 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 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;

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 revegetation 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.

2.4 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.

2.4.1 Applicable Laws, Regulations and References

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

American Indian Religious Freedom Act of 1978 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.

2.4.1 Applicable Laws, Regulations and References-Continued

Antiquities Act of 1906 The Antiquities Act of 1906 (PL 59-209; 16 USC §§ 431 et seq., 1982) 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 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 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.

2.4.1 Applicable Laws, Regulations and References-Continued

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 Environmental Response Facilitation Act The Community Environmental Response Facilitation Act (CERFA) (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.) amend 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.

2.4.1 Applicable Laws, Regulations and References-Continued

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 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 I 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.

2.4.1 Applicable Laws, Regulations and References-Continued

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.

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 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.

Annex 0200000 - Management and Administration

Spec Item/Title

2.4.1. Applicable Laws, Regulations and References – Continued

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 1972 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 of1990 The Pollution Prevention Act of 1990 (PPA) (42 USC § 13101 et 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 had 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 Act 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 (I & 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 INRMP’s.

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 Act 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.

2.4.2 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 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. Section 4 of the EO requires that when federally owned lands are leased and easement is assigned, or when disposed of to a non-federal party, a reference be included in the conveyance to identify any wetlands and indicate those uses which are restricted in such areas.

EO 12088 – Federal Compliance with Pollution Control Standards Provides that the head of each federal agency is responsible for compliance with “applicable pollution control standards,” defined as “the same substantive, procedural and other requirements that would apply to a private person.” Requires federal agencies to cooperate with the US EPA, States, and local agencies in the prevention, control and abatement of environmental pollution. Requires the EPA Administrator to provide technical advice and assistance to Executive agencies in order to ensure their cost effective and timely compliance with applicable pollution control standards. Provides that disputes between the US EPA and another federal agency regarding environmental violations shall be elevated to the Office of Management and Budget for resolution.

EO 12780 – Federal Agency Recycling and the Council on Federal Agency Recycling and Procurement Policy Requires federal agencies to promote cost-effective waste reduction and recycling of reusable materials, and to establish federal preferences for procurement of items made from recycled materials.

EO 13423 – Strengthening Federal Environmental, Energy, and Transportation Management The Executive Order requires each DoD component to adopt an EMS. An EMS is a formal management framework that provides a systematic way to review and improve operations, create awareness, and improve environmental performance.