N6247319SMH01_DRAFT-Annex_2_Management_and_Administration-_Marine_Habitat.pdf

0200000 - Management and Administration

Spec Item 2 Management and Administration

2.1 Definitions and Acronyms

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

ACOE: Army Corps of Engineers

Annual Monitoring Report (eelgrass transplanting): The annual monitoring report discusses the results of monitoring effort for the transplant site. This draft report is submitted to the COR 30 days after the annual anniversary of the project. After receipt from the COR, the Contractor has fifteen days to incorporate comments and return as final.

Caulerpa Control Protocol (CCP): Protocol established for California nearshore coastal and enclosed bays, estuaries, and harbors from Morro Bay to the U.S./Mexican border in order to detect existing infestations as well as avoid the spread of Caulerpa species within other systems. This protocol outlines the certification, survey, and reporting guidelines required when surveying for the various invasive species including C. taxifolia, C. mexicana, C. racemosa, C. cupressoides, C. sertularioides, C.

ashmeadii, C. floridana, C. scalpelliformis, and C. verticillata.

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

Contracting Officer’s Representative (COR): The individual designated by the KO to be responsible for technical monitoring and surveillance efforts of the Contract/Task Order. The COR is responsible for ensuring all work is performed per the requirements and specification outlined in the Contract/Task Order, and that work performed, including all written reports and professional services are of an acceptable technical quality. The COR has no authority to make any changes to the Contract/Task Order, and only the KO may effect any change.

Contractor: The 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.

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.

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

Eelgrass Bundle: Eelgrass bundles shall consist of a minimum of 10 turions per anchor/bundle according to the technique implemented by Fonseca et al. (1982), Merkel (1986), and MBC Applied Environmental Sciences (1990). Eelgrass from the donor sites will be washed of sediment, placed in seawater and fabricated into shoot bundles. Eelgrass bundles shall be planted 1 meter on center for a total of 10,500 bundles/10,0002 meters.

Eelgrass Restoration and Marine Habitat/Mitigation Plan: A plan that details the loss of eelgrass as a result of a federal action. The plan shall include a description of the project site, transplant site, and control site; a discussion of transplant techniques, timing and implementation; and transplant site design and post-transplant requirements. The plan shall be submitted to the COR 30 days prior to the beginning of project.

Eelgrass Transplant Report: The final Eelgrass Transplant Report describes all findings including a base map of pre-planting conditions, an overlay map of post planting conditions, and overlay of the mitigation site. The report shall verify turion (leaf shoot) density and aerial coverage of eelgrass and shall verify whether mitigation requirements have been met.

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 Items Number

GIS: Geographic Information System

GPS: Global Positioning System

NEPA: National Environmental Policy Act

Quality Assurance (QA) Program: A program implemented by the Government to evaluate the output quality and responsiveness of the Contractor to ensure that the Government receives the services for which public funds are expended. It is emphasized that the Government's quality assurance program is not a substitute for the quality control program implemented and administered by the Contractor.

Quarterly Reports: The Contractor is required to deliver a progress report to the COR via e-mail every quarter when any Task Order is active.

SDSFIE: Spatial Data Standards for Facilities, Infrastructure, and Environment

Side-Scan Sonar: An acoustic imaging device used to provide wide-area, large-scale pictures of the floor of a body of water. Side scan sonar point multiple beams at angles and cover large overlapping swaths of the seafloor and only measure features on the seafloor and cannot collect bathymetry data.

Single-Beam Sonar: An acoustic imaging device that utilizes sonar technology to collect measurements of the sea floor with a single narrow footprint. The data resolution is determined by the footprint size, sampling interval, sampling speed, and transect spacing. Depending on the sensor type, single beam sensors may collect bathymetry data or be calibrated to identify seafloor habitats or subsurface sediments.

Site Visit: A visit to the area to be surveyed or planted.

Station Contact: 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.

Task Order (TO): A task order is a written 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.

U.S. Army Corps of Engineers, Safety and Health Requirements Manual EM 385 1-1 (EM 385 1-1) (as amended) (most current version): A manual that prescribes the safety and health requirements for all U.S. ACOE operations, for both government and contractor employees that must be met. All water activities must be in compliance with EM 385 1-1 (most current version) Sections 5 Personal Protective and Safety Equipment (05.H Personal Flotation Devices), 19 Floating Plant and Marine Activities and 30 Diving Operations, and Appendix O Manning Levels for Dive Teams.

USFWS: United States Fish and Wildlife Service

UTM: Universal Transverse Mercator

Work Plan: The Work plan shall include all items addressed in the Task Order and applicable policies and protocols including the most recent version of the California Eelgrass Mitigation Policy (CEMP) and Caulerpa Control Protocols (CCP)

Spec Item 2.2 General Information

Spec Item 2.2.1 Government Regular Working Hours The Government's regular (normal) working hours are from 0730 to 1630 Monday through Friday except observed Federal holidays and other days specifically designated by the KO.

Spec Item 2.2.1.1 Observed Federal Holidays The Government observes the following holidays: New Year’s Day, Martin Luther King Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.

Spec Item 2.2.2 Wage Determinations Refer to Section H for wage determinations incorporated by reference.

2.3 General Administrative Requirements

2.3.1 Required Conferences and Meetings

The Contractor may be required to attend administrative and coordination meetings. Meetings will be held as often as necessary at the direction provided by the KO (via the COR) as stated in the task order. A mutual effort will be made to resolve all identified contract-related problems during meetings. The Contractor’s representative and the Government’s representative shall sign the written minutes of these meetings, prepared by the Contractor and reviewed by the Government. Should the Contractor not concur with the review comments provided by the Government on Contractor’s minutes, the Contractor shall state in writing to the KO (and the COR) any areas of disagreement within 10 calendar days.

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 KO (via the COR) at proposal submission if required or before work commences on each Task Order and at other times as requested by the KO (transmitted via the COR). No survey shall violate any conditions stipulated in federal or state permits issued in support of the survey effort of the Task Order. The Contractor shall be responsible for all permit violations or other illegal acts conducted by Contractor or Subcontractor 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

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 KO. No animals will be brought on to Government property and released without the consent of the KO. 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 KO.

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, Executive Orders 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. 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., 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 recognized 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 Eagle Protection Act: The Bald Eagle Protection Act (Bald and Golden Eagles Act; PL 95-616;

16 USC §§ 668 et seq.) provides for protection of the bald eagle and the golden eagle 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.

Clean Air Act: The Clean Air Act (42 USC § 7401 et seq.) is the major federal legislation addressing air pollution control. 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. 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.

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.) 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 and Rehabilitation Program on Military and Public Lands: The Conservation and Rehabilitation Program on Military and Public Lands (PL 93-452; 16 USC §§670 et seq.) amends PL 86-797 by providing for fish and wildlife habitat improvements, range rehabilitation, and control of off-road vehicles on Federal lands.

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 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.) This Act 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. Requires State and local coordination in planning response actions to chemical emergencies. Requires certain industries to submit information on chemical inventories and fugitive emissions.

Endangered Species Act: The Endangered Species Act (ESA) (PL 93-205; 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 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 United States Fish and Wildlife Service (USFWS) and California Department of Fish and Wildlife (CDFW), 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 National Environmental Policy Act (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.

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.Controlled burns during the avian breeding season (approximately February through October) would violate the Act, according to the USFWS Carlsbad Office.

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.

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: The 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.

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 of 1990: 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.

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: 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 an 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.

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 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 instream 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 § 1274) requires identification and protection of any river or stream that qualifies under the act.

2.3.5.2 Executive Orders (EOs): 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. Requires federal land managing agencies, including the Department of Defense, to issue regulations governing use of off-road vehicles on the public lands. Regulations shall be designed to protect natural resources and protect safety of individuals involved. 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 restricts Federal agencies in the use of exotic plant species in any landscape and erosion control measures.

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 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 has 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 (CEQ) to issue regulations to make environmental impact statements more effective. Vice-President Gore abolished the CEQ, and to date there is no replacement of the body.

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 Environmental Protection Agency (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.

2.3.5.3 Federal Regulations – Code of Federal Regulations (CFR) The Code of Federal Regulations (CFR) consists of 50 titles representing broad areas subject to Federal regulation. All general and permanent regulations published in the daily Federal Register by executive agencies and departments of the Federal government appear in the CFR, which is updated annually. For example, all regulations issued by the EPA under the subject heading “Protection of the Environment” are codified in Title 40 of the CFR.

18 CFR 1312 Archaeological Resource Protection Act Regulations 32 CFR 172 (DoD Instruction 7310.1) DoD Regulations for the Disposition of Proceeds from Sales of Surplus Property 22 CFR 190 Natural Resources Management Program 33 CFR 330 Dredge and Fill Nationwide Permit Program 36 CFR 800 National Historic Preservation Act (NHPA) Regulations for the Protection of Historic Properties 40 CFR 6 EPA Regulations on Implementation of National Environmental Policy Act Procedures 40 CFR 50 Environmental Protection Agency Regulations on National Primary and Secondary Ambient Air Quality Standards.

32 CFR 188 Environmental Effects in the United States of DoD Actions.

32 CFR 775 Procedures for Implementing the National Environmental Policy Act Dept. of the Navy policy to supplement DoD regulations (32 CFR 214) by providing policy and assigning responsibilities to the Navy and Marine Corps for implementing CEQ regulations and implementing

NEPA.

36 CFR 60 National Register of Historic Places 36 CFR 65 National Historic Landmarks Program 40 CFR 1500 Council on Environmental Quality Regulations. Defines the methods of implementing the National Environmental Policy Act (NEPA) 50 CFR 10.13 List of Migratory Birds 50 CFR 17.11 and 17.12 Fish and Wildlife Service List of Endangered and Threatened Wildlife 50 CFR 402 Interagency Cooperation – Endangered Species Act of 1973 43 CFR 7 Archaeological Resources Protection Act of 1979; Uniform Regulations.

2.3.5.4 Department of Defense Directives and Instructions

The following are DoD Directives and Instructions

DoD Directive 4700.1 of 6 November 1978 Natural Resources Conservation and Management (NOTAL). Provides for management of renewable natural resources on military lands.

DoD Directive 4001.1 of 4 September 1986 Installation Management DoD Directive 4140.1 of 4 January 1993 Material Management Policy DoD Directive 4165.57 of 8 November 1977Air Installations Compatible Use Zones DoD Directive 4165.60 of 4 October 1976 Solid Waste Management – Collection, Disposal, Resource Recovery, and Recycling Program DoD Directive 4700.2 of 15 July 1988 Secretary of Defense Award for Natural Resources and Environmental Management DoD Directive 4710.1 of 21 June 1984 Archaeological and Historic Resources Management.

Establishes policies, procedures, and assigns responsibilities for the management of archaeological and historic resources located in and on waters and lands under DoD control. This Directive implements these guidelines consistent with Federal law, Executive Orders, and other DoD directives that deal with archaeological and historic preservation issues.

DoD Directive 6050.1 of 1979 Environmental Effects in the US of DoD actions.

DoD Directive 4751.DD-R of April 1996 Draft integrated natural resources management in the Department of Defense.

DoD Directive 6050.2 of 19 April 1979, (as amended) Use of Off-Road Vehicles on DoD Lands.

Provides policy for use of off-road vehicles on DoD lands.

DoD Directive 4150.7 of 24 October 1983 DoD Pest Management Program (NOTAL) DoD Instruction 5000.13 of 13 December 1976 Natural Resources – the Secretary of Defense Natural Resource Conservation Award. Delineates procedures for participating in completion for Secretary of Defense Conservation Award.

2.3.5.5 Department of the Navy Manuals and Instructions

The following are manuals and instructions issued by the Department of the Navy.

NAVFAC P-73 Real Estate Manual P-73. This manual sets forth the authority of the Commander, Naval Facilities Engineering Command (NAVFACENGCOM), for outgrant of Navy controlled real property. Responsibility for administration, management, and utilization of Navy real property lies with the Commanding Officer, and his superiors, of the installation to whose plant account the property belongs. NAVFACENGCOM does not have general responsibility for management of Navy real property, except for lands of installations under its command. However, NAVFACENGCOM has a technical responsibility for real estate action on lands which have been determined temporarily or partially excess.

NAVFACINST 6250.3H Applied Biology Program Services and Training. Requires the use of an integrated pest management approach to minimize the use of herbicides.

NAVFACINST 11012.111A Land Use Conservation Planning NAVFACINST MO-100.4 Guidance on Special Interest Areas.

OPNAVINST 5090.1D Department of the Navy Environmental and Natural Resources Procedural Manual OPNAVINST 5090.1D Ch. 22 Natural Resources Management. Describes requirements, guidelines, and standards for conserving natural resources on Navy lands. Summarizes the natural resources management (NRM) program to include management of waters, forests, fish and wildlife, and outdoor recreation.

OPNAVINST 6250.4A Pest Management Programs. Requires Navy and Marine Corps to have a comprehensive Pest Management Plan. Discusses the need to control pest outbreaks which affect the military mission, damage property, or impact the welfare of people.

SECNAVINST 6240.6E Implementation of DoD directives under DoD Instruction 4700.4.

2.4 Government-Furnished Property, Materials and Services

2.4.1 Government-Furnished Facilities (GFF)

The Government will not furnish or make available to the Contractor any facilities.

2.4.2 Government-Furnished Utilities

2.4.3 Government-Furnished Materials (GFM)

Upon award of Task Order, the Government will furnish or make available to the Contractor material, when such material exists, for review purposes only. These include pertinent existing aerial photographs, maps, studies, plans, surveys, reports and photographs. The Government shall provide a list of all information available for review with each Task Order. The Government will indicate the location and access to review material in each Task Order. Review materials generally are located at NAVFAC SW or the installation.

2.4.4 Government-Furnished Equipment (GFE)

The Government will not furnish or make available to the Contractor any tools and equipment.

2.5 Contractor-Furnished

the Contractor shall provide all equipment, materials, parts, supplies, components, facilities, incidental engineering, transportation, lodging, subsistence and services to perform the requirements of this contract. The KO (via the COR) may inspect Contractor-furnished items for adequacy and compliance with contract requirements. Inadequate or unsafe items shall be removed and replaced by the Contractor at no cost to the Government. Materials containing asbestos, lead, and PCB’s shall not be brought on site. The KO (via the COR) may at any time require samples, Material Safety Data Sheets (MSDS), manufacturer’s data cut sheets of materials used in this contract.

2.6 Product Ownership

All materials resulting from this contract including documents, data forms, reports, maps, photographs, electronic data and presentation graphics are the exclusive property of the U.S. Government. These data will not be used in whole or in part in any professional, scientific or non-scientific report, paper, or note, published or unpublished, or be part of any technical or non-technical presentation without prior written authorization from the KO (secured via the COR).

2.6.1 Publications

Authorship of any publication arising from the research surveys conducted under the contract shall be determined by a joint consultation between the KO (via the COR) and the Contractor. In particular, the Contractor shall acknowledge support of the Department of the Navy in any publications or publicly distributed reports. The Government retains the right, prior to publication, to review and approve all manuscripts using data obtained as a result of the contract. Such review and approval are necessary to ensure that national security is not breached, support of the military operational requirement is accomplished and that proper reference to this Navy contract has been accomplished. Such review and approval shall be limited to 45 days from NAVFAC SW receipt of the request provided by the Contractor via the COR.

2.6.2 Data, Field Notes, Field Specimens and Products

The Department of the Navy retains ownership of all data and products. The Department of the Navy also retains the right to publication of this research should the Contractor fail to do so within three years of completing the research. The Department of the Navy also retains the right to publish any re-analysis of the data. However, the Contractor may retain copies of all data and products for scholarly and educational purposes. All field specimens, raw data and field notes acquired by the Contractor for use in this contracted work shall be maintain by the Contractor. The U.S. Government shall be supplied with a set of voucher specimens, a copy of the raw data and copies of all field notes.

2.7 Management

The Contractor shall manage the total work…