noi j2011111149.pdf

United States Department of the Interior

NATIONAL PARK SERVICE

Pacific West Region

NOTICE OF INTENT

TO AWARD

This Funding Announcement is not a request for applications. This announcement is to provide public notice of the National Park Service (NPS), intention to fund the following project activities without competition.

ABSTRACT

Funding Announcement

NPS-NOIJ2011111149

Project Title Cultural Resource Monitoring at Abbots Lagoon Dunes Restoration Project

Recipient Federated Indians of Graton Rancheria Principle Investigator/ Program Manager

Mr. Nick Tipon

Total Anticipated Award Amount

$ 32,542.00

Cost Share none

Anticipated Length of Agreement

Through September 30, 2011

Anticipated Period of Performance

Through September 30, 2011

Award Instrument Task Agreement against Umbrella Cooperative Agreement Number H8537070193

Statutory Authority 16 U.S.C. §1g CFDA # and Title 15.922 – Native American Graves Protection & Repatriation

Act Single Source Justification Criteria Cited

4. Unique Qualifications

Point of Contact Yvonne A. Morales, Contracting Officer Point Reyes National Seashore 1 Bear Valley Road Point Reyes, CA 94607 Phone: (415) 464-5221 Fax: (415) 464-5221

OVERVIEW

This cooperative endeavor consists of monitoring construction excavation at a beach dunes restoration project located in Point Reyes National Seashore. The purpose of monitoring is to identify, protect and consult on currently unknown Coast Miwok archaeological resources that may be present within the project area. The Coast Miwok Indians were the pre-contact inhabitants of the Seashore and their descendants, along with the Southern Pomo, are federally recognized as the Federated Indians of Graton Rancheria.

Within the project area two bounded subareas were previously identified as likely locations for pre-contact archaeological sites on the basis of surface reconnaissance and subsurface exploratory excavations undertaken by qualified archaeologists. These earlier archaeological studies were undertaken in compliance with Section 106 of the National Historic Preservation Act of 1966 as part of project planning.

The two bounded sub-areas that were identified will be monitored and reported on by qualified tribal members working under the guidance of the Sacred Sites Protection Committee of the Federated Indians of Graton Rancheria during construction excavation. Should Coast Miwok archaeological resources be discovered in the course of construction excavation, work will stop in the immediate area and a process of consultation between the National Park Service and the Federated Indians of Graton Rancheria will be initiated to determine a mutually agreeable course of action to preserve the resources. If human remains and associated artifacts are discovered then consultation will be undertaken in full compliance with the Native American Graves Protection and Repatriation Action Act of 1990 (NAGPRA).

STATEMENT OF JOINT OBJECTIVES/PROJECT MANAGEMENT PLAN

On December 27, 2000 the Federated Indians of Graton Rancheria, representing Coast Miwok and Southern Pomo Indians, regained tribal status under Public Law 106-569, the Omnibus Indian Advancement Act. The Federated Indians of Graton Rancheria is the successor to the Federated Coast Miwok organization and is culturally affiliated with the lands of Point Reyes National Seashore. As the single affiliated tribe, the Federated Indians of Graton Rancheria has direct tribal interests in resource management activities; in educational, interpretive, archaeological, ethnographic, historical and other studies and programs related to Native American interests; and in facilitating National Park Service compliance with NAGPRA.

National Park Service Management Policies of August 31, 2006 acknowledge the unique relationship among NPS and American Indian tribes. They recognize that parks include the ancestral homelands of many tribes; that they protect and preserve resources and sites that are highly significant to the tribes; and they direct the National Park Service to pursue an open, collaborative relationship with American Indian tribes to help them maintain their cultural and spiritual practices, to enhance our understanding of the history and significance of sites and resources in the parks, and to maintain a government-to-government relationship with federally recognized tribal governments. Finally, NAGPRA requires that all federal agencies comply with its provisions for consultation with Native Americans and for the identification and return of certain Native American cultural items to lineal descendants and culturally affiliated Indian tribes.

As a result, the Federated Indians of Graton Rancheria and the National Park Service will cooperate in protecting Coast Miwok archaeological resources within the project area through a collaborative program of archaeological monitoring to identify, characterize, record, evaluate, and consult on archaeological resources that may be discovered. Preservation of the resources in place is the preferred treatment objective, provided that the resources will be reasonably secure from project or related impacts. Other options will be considered if necessary. The archaeological information gathered as part of the discovery and identification process will be recorded in the Seashore’s confidential GIS and archaeological inventory database. Should human remains and associated artifacts be discovered then both parties will consult in compliance with NAGPRA in order to determine and agree upon an appropriate course of action for the disposition of the objects.

RECIPIENT INVOLVEMENT

Tribal members experienced in construction monitoring for the purpose of identifying Native American cultural resources will monitor project excavation activities within two sensitive, bounded areas of the project area for dunes restoration. Should they identify potentially significant archaeological resources they will direct the equipment operators to halt work in the immediate area and take action to notify National Park Service archaeologists of the discovery. They will also work and collaborate with National Park Service staff to confirm, evaluate and document the finds, and provide consultation and recommendations from a Tribal perspective to the National Park Service on the appropriate course of action to be taken for the protection and preservation of Coast Miwok archaeological resources. Project avoidance and reburial in place will be the preferred treatment options. The Federated Indians of Graton Rancheria will also provide consultation and recommendations from a Tribal perspective to the National Park Service for the purpose of complying with NAGPRA should Coast Miwok human remains, associated artifacts or sacred objects be discovered.

Tribal monitors will also keep daily logs of their observations and the Federated Indians of Graton Rancheria will provide the Seashore with a written monitoring report at the conclusion of their project that includes their management recommendations.

NATIONAL PARK SERVICE INVOLVEMENT

Substantial involvement on the part of the National Park Service is anticipated for the successful completion of the objectives being funded by this award. In particular, the National Park Service will be responsible for the following outline herein. National Park Service archaeologists and cultural and natural resources staff will provide archaeological expertise in resource identification evaluation and documentation in working with Tribal monitors when archaeological resources are discovered or suspected by the monitors. The on-site National Park Service project monitor will maintain a working relationship with the Tribal on-site monitor for the purposes of providing communications support in the event of a discovery and to help coordinate project schedules. In particular, National Park Service staff will complete State of California archaeological site records when appropriate and record the UTM coordinates of discoveries with GPS. Expertise will also be provided in the identification of human remains if necessary. Any new archaeological site information will be entered into the Seashore’s GIS, and site data will be entered into the National Park Service archaeological inventory database to facilitate future resource management needs. Should human remains and associated artifacts be discovered the National Park Service will take all required action to comply with NAGPRA and will immediately initiate required consultation with the Federated Indians of Graton Rancheria.

SINGLE-SOURCE JUSTIFICATION

DEPARTMENT OF THE INTERIOR

SINGLE SOURCE POLICY REQUIREMENTS

Department of the Interior Policy (505 DM 2) requires a written justification which explains why competition is not practicable for each single-source award. The justification must address one or more of the following criteria as well as discussion of the program legislative history, unique capabilities of the proposed recipient, and cost-sharing contribution offered by the proposed recipient, as applicable.

In order for an assistance award to be made without competition, the award must satisfy one or more of the following criteria:

(1) Unsolicited Proposal – The proposed award is the result of an unsolicited assistance application which represents a unique or innovative idea, method, or approach which is not the subject of a current or planned contract or assistance award, but which is deemed advantageous to the program objectives;

(2) Continuation – The activity to be funded is necessary to the satisfactory completion of, or is a continuation of an activity presently being funded, and for which competition would have a significant adverse effect on the continuity or completion of the activity;

(3) Legislative intent – The language in the applicable authorizing legislation or legislative history clearly indicates Congress’ intent to restrict the award to a particular recipient of purpose;

(4) Unique Qualifications – The applicant is uniquely qualified to perform the activity based upon a variety of demonstrable factors such as location, property ownership, voluntary support capacity, cost-sharing ability if applicable, technical expertise, or other such unique qualifications;

(5) Emergencies – Program/award where there is insufficient time available (due to a compelling and unusual urgency, or substantial danger to health or safety) for adequate competitive procedures to be followed.

The National Park Service did not solicit full and open competition for this award based on the following criteria:

(4) The Federated Indians of Graton Rancheria is the only federally recognized tribe that is culturally affiliated with Point Reyes National Seashore and the only tribe with a direct and expressed interest in the discovery, treatment and management of Coast Miwok archaeological resources. It is the only tribe that the Seashore can consult with to comply with National Park Service and NAGPRA tribal consultation requirements. The Tribe also has the required expertise to provide project monitoring for the purpose of identifying Coast Miwok archaeological resources. Consequently, competition for this task agreement is not appropriate.