S01 Attach 1 SOW.pdf

STATEMENT OF WORK

FOR

CULTURAL RESOURCES INVENTORY

FOR PLANNED NRCS UNDERTAKINGS

04/03/2023

Table of Contents

1 INTRODUCTION

1.1 Mission

1.2 Background

1.3 Scope

2 GENERAL REQUIREMENTS

2.1 Non-Personal Services

2.2 Contractor Personnel Qualifications

2.3 Location and Hours of Work

2.4 Identification of Contractor Personnel

3 REQUIREMENTS/TASKS

3.1 Pre-Field Requirements

3.2 Archaeological/Architectural Evaluation Requirements

3.3 Reporting Requirements

4 DELIVERABLES/SCHEDULE

5 SPECIAL REQUIREMENTS

5.1 Restrictions Against Disclosure

5.2 Additional Requirements

5.3 Applicable Documents

1 INTRODUCTION

The NRCS-Iowa requires professional services from a Secretary of the Interior (SOI) qualified consultant for assisting with cultural resource inventories in Iowa for a period of five years. The NRCS will use the results under this contract to fulfill a portion of the compliance requirement to comply with the National Historic Preservation Act (NHPA), as amended, the National Environmental Policy Act of 1969 (NEPA), the Natural Resources Conservation Service General Manual Title 420, Part 401 – Cultural Resources (Archeological Historic Properties), and the Advisory Council on Historic Preservation (ACHP): 36 CFR Part 800 – Protection of Historic Properties.

1.1 Mission

The United States Department of Agriculture (USDA), Natural Resources Conservation Service’s (NRCS) mission is to provide leadership in a partnership effort to help people conserve, maintain, and improve our nation’s natural resources and environment. The NRCS accomplishes this mission by providing technical and financial assistance through several federal and state programs. Some of this assistance requires the NRCS to comply with the NHPA through Section 106 evaluations of its practices’ effects on cultural resources.

1.2 Background

Annually, up to 25 Iowa planned conservation practices require further investigation due to their potential to have an adverse effect on cultural resources. These planned exempt with exceptions and non-exempt practices are included in the Appendix A of the Iowa Programmatic Agreement (PA) (See Appendix A).

Project work will include but are not limited to: Saturated Buffers (NRCS Code 604), Grade Stabilizations (NRCS Code 666), Livestock Pipelines (NRCS Code 516), Wetland Restorations (NRCS Code 656), and Waste Storage Facilities (NRCS Code 333) construction. Because these practices will receive assistance from the NRCS through the USDA, they are considered undertakings that are subject to review for potential impacts to historic properties under Section 106 of the National Historic Preservation Act (NHPA). Identification of cultural resources within the area of potential effects (APE) is therefore necessary before remediation can occur. These potential effects are summarized in the form of a cultural resources inventory report. Once completed, regulatory consultation with historic preservation commissions and/or other local, state, and federal agencies may be required for a finding of No Historic Properties Affected – No Properties, No Adverse Effect, or Adverse Effect.

1.3 Scope

Investigations of NRCS-Iowa undertakings will follow but are not limited to Section 106 of the NHPA and Association of Iowa Archaeologists’ (AIA) Guidelines for Archaeological Investigations in Iowa standards. Annually, up to 25 undertaking will need a cultural resources investigation which may include archaeological and built environment resources. They will also include services for assessing unknown and known cultural resources within an area of potential effect. Investigations could include:

A. Desktop Reconnaissance, including archival review of state site files and records, reports, historical maps, aerial imagery, informant information, oral history, and other studies.

B. Phase IA (Reconnaissance Survey) and Phase IB (Intensive Investigation), for identifying historic properties within the area of potential effect.

All cultural resources identified within an APE during an inventory shall be documented according to NHPA and AIA standards, and archaeological sites shall be evaluated for listing on the National Register of Historic Places (NRHP). Contractors will be required to complete and submit to the NRCS all appropriate archaeological site documentation, as well as a cultural resources report detailing the results of the inventory. This report shall be completed to professional standards, following SOI and AIA guidelines. Submitted documentation will be used for consultation with Iowa State Historic Preservation Office, (SHPO), Office of the State Archaeologist (OSA), tribal nations with ancestral lands within the

APE, and other vested parties. Contractors will also be required to submit all electronic data (e.g., GIS shapefiles, digital images, etc.) collected during the pedestrian inventory to NRCS CRS staff and the

OSA.

The contractor shall provide all personnel, equipment, tools, materials, supervision, and other items and services necessary to perform the work as defined in this document.

2 GENERAL REQUIREMENTS

This section describes the general requirements for this effort.

2.1 Non-Personal Services

The Government shall neither supervise Contractor employees nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual Contractor employees, except for the site lead. It shall be the responsibility of the Contractor to manage its employees and to guard against any actions that are of the nature of personal services or give the perception of personal services. If the Contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the Contractor’s responsibility to notify the Contracting Officer, in writing, immediately.

2.2 Contractor Personnel Qualifications

• Contractors must meet the Secretary of Interior’s professional qualifications standards as specified at The Secretary of the Interior Professional Qualifications Standards | U.S. Department of the Interior (doi.gov) and Professional Qualifications Standards (U.S. National Park Service) (nps.gov)

• Contractors shall be used in accordance with 36 CFR 800.2(a)(3) (“Use of Contractors”). The Contractor shall furnish all labor, equipment, supervision, materials, and incidentals necessary to perform archaeological and historical surveying, recording, mapping, evaluations, and reporting.

2.3 Location and Hours of Work

Work under this contract is performed at and on private properties and potentially Government facilities, as needed. Normal agency workdays are Monday through Friday, except U.S. Federal Holidays. Agency employees typically work eight hours per day, 40 hours per week.

Projects included under this contract are located throughout the state of Iowa and can occur in a range of environmental settings. The NRCS will award projects on a case-by-case occurrence and oversee several investigations tied to specific federal and state funding programs, as needed.

The Contractor shall coordinate with IA-NRCS employees to coordinate and secure property access from landowners to conduct the needed assessments. Property access should occur between the hours of 8:00 AM and 4:00 PM. All field investigations must take place between these hours, Monday through Friday, excluding federal holidays.

2.4 Identification of Contractor Personnel

Contractor employees, including subcontractors, who attend meetings, send emails, or place calls, or work in situations where their actions could be construed as acts of Government officials, must clearly identify themselves as Contractor employees.

https://www.doi.gov/pam/asset-management/historic-preservation/PQS https://www.doi.gov/pam/asset-management/historic-preservation/PQS https://www.nps.gov/articles/sec-standards-prof-quals.htm

3 REQUIREMENTS/TASKS

The Contractor will be responsible for Section 106 investigations of up to 25 NRCS projects a year across the state of Iowa which includes determination of effects on archaeological and built environment resources.

Contractors shall gather sufficient information to enable the IA NRCS to remain in compliance with federal and state cultural resources laws for the completion of these undertakings. Contractors shall warrant that the provided cultural resources services will comply with all applicable Federal, State, and local laws and requirements, and shall be consistent with NRCS cultural resources program goals and objectives. All work must be performed in accordance with the “Secretary of Interior’s Standards and Guidelines for Archaeology and Historic Preservation.” The NRCS retains the responsibility for all decision-making and consultation required of Federal agencies related to compliance with cultural resources protection laws and regulations.

The Contractor shall:

3.1 Pre-Field Investigation Requirements

Project assignments will be delivered to the Contractor by the CRS, electronically, including project information, archaeological/architectural evaluation requirements, and NRCS field office contact information. Prior to initiating the investigation, the contractor will contact the NRCS field office and the CRS electronically to coordinate the proposed timeline and operations. IA NRCS field staff will be made available for on-site investigations, as required. Before beginning fieldwork, the Contractor will coordinate with IA-NRCS who will secure permission from the landowner to enter the site at a minimum of five calendar days prior to conducting their field investigations.

3.2 Archaeological/Architectural Evaluation Requirements

Phase IA: Reconnaissance Survey Contractors will be responsible for designing and completing either an intensive pedestrian inventory or a general reconnaissance site walk-over to professional standards, and as specified by the IA NRCS Cultural Resources staff. Pedestrian survey transects should be recorded in systematic fashion in a grid or other established pattern. Surveys in tilled agricultural fields should employ intervals following AIA standards. Transects may be GPS-oriented, compass-oriented, contour-oriented, or meander, depending on the terrain and the dimensions of the cultural resources inventory area.

The pedestrian inventory shall result in the identification and recordation of cultural resources observable on the surface and in exposed subsurface profiles. All identified archaeological sites must be recorded and evaluated for inclusion on the NRHP, as set forth in 36 CFR 60. For each site, the Contractor shall provide IA NRCS with an overall assessment of site conditions and shall also provide NRHP eligibility recommendations. Determinations of NRHP eligibility will be made by the NRCS in consultation with the IA SHPO, tribal nations, and other consulting parties, as appropriate. These determinations will lead to a determination of project effects, and if needed, to the development of mitigation measures.

All field crews shall be directly supervised in the field by a SOI qualified crew leader. Areas that present a potential hazard to the survey crew and/or are extremely unlikely to contain archaeological remains may be avoided. Changes in survey strategy due to environmental conditions shall be discussed with the cultural resources staff and approved by IA SHPO. Artifacts shall not be collected, and subsurface testing may be limited through instructed specifications. However, recommendations as to areas requiring further examination, if any, shall be made.

Phase IB: Intensive Investigations including Archaeological and Architectural

In areas of known or suspected cultural resources, the contractor will conduct Phase IB survey to confirm whether archaeological resources are present or absent within an area of potential effect (APE). For each cultural resource, the Contractor shall provide IA NRCS with an overall assessment of site conditions and shall also provide NRHP eligibility recommendations. Determinations of NRHP eligibility will be made by the NRCS in consultation with the IA SHPO, tribal nations, and other consulting parties, as appropriate. These determinations will lead to a determination of project effects, and if needed, to the development of mitigation measures.

Contractors will be responsible for designing and completing the intensive archaeological and architectural investigations. Archaeological investigations will identify and delineate previously unrecorded sites, and to re-located sites which have been previous recorded. All investigations will include pedestrian surveys and subsurface testing and adhere to AIA field methods’ standards. All identified archaeological sites must be recorded and evaluated for inclusion on the NRHP, as set forth in

36 CFR 60.

Architectural investigations for identifying and evaluating historic properties will include background and field assessments of each property’s history and condition. All identified archaeological sites and historic properties must be recorded and evaluated for inclusion on the NRHP, as set forth in 36 CFR 60.

All field crews shall be directly supervised in the field by a qualified crew leader. Areas that present a potential hazard to the survey crew and/or are extremely unlikely to contain archaeological remains may be avoided. Changes in survey strategy due to environmental conditions shall be discussed with the cultural resources staff and approved by IA SHPO. Artifacts shall not be collected, and subsurface testing may be limited through instructed specifications. However, recommendations as to areas requiring further examination, if any, shall be made.

3.3 Reporting Requirements

The contractor shall provide the NRCS-Iowa CRS with a summary report of their Phase IA and Phase IB Investigations for the Government to make an informed determination of effect(s) or no effect on cultural resources so that any reviewing parties can understand.

The results of Phase IA and Phase IB Investigations shall be reported following the 36 CFR Part 800.11(d) and AIA reporting guidelines. Where historic properties will or will not be adversely impacted by the proposed conservation practices, these reports will require additional review leading up to consultation with the Iowa State Historic Preservation Office, Office of the State Archaeologist, and Tribal nations. The contractor will transmit the draft in .pdf format electronically to the CRS.

a. Information generated from archaeological and architectural investigations, completed on behalf of the NRCS is classified as CONFIDENTIAL. Its distribution and use are restricted.

No one is allowed to publish or disclose any part of this information without the permission of the NRCS.

b. All generated archaeological and architectural investigation reports will include the following statement: NOT FOR PUBLIC DISSEMINATION

c. Archaeological site locations are considered sensitive information. No dissemination of this information will be published or disclosed during project work without the permission of the

NRCS.

4 DELIVERABLES/SCHEDULE

Phase IA: (Reconnaissance Survey)

a. The contractor will provide the CRS will provide the CRS with a draft report containing documentation for the Government to make an informed determination of effect or no effect on cultural resources/historic properties so that any reviewing parties can understand and provide concurrence and/or comment. This documentation shall follow standard report format and will include 36 CFR 800.11 (d) and AIA standards. The draft report will be transmitted in .pdf format for review.

b. Upon review of the draft report, recommended changes and/or additions to report will be submitted by the CRS for inclusion in the final report. All reports will include color maps and photos of the project. Iowa Site Inventory forms and maps can be included as an attached appendix when appropriate. All copies shall be submitted to the CRS.

c. The final report will be submitted within 15 federal calendar days after receiving the CRS’s comments and will contain all requested changes.

d. For project’s requiring consultation with the Iowa State Historic Preservation Office (SHPO), Office of the State Archaeologist (OSA), Tribal nations with known ancestral lands in the vicinity and/or other vested parties, any requested additional investigations and report revisions sought on these parties’ behalf, the contractor will have another 15 calendar days to complete the modifications.

e. Payment will be submitted upon acceptance of the final report with the project invoice for review and approval and the contractor must also submit the invoice into the Invoice Processing Platform (IPP).

Phase IB: Archaeological and Architectural Investigations

a. The contractor will conduct the appropriate cultural resources/historic properties investigation of the project APE. The scope of work will be approved by the CRS and will meet all AIA standards for archaeological and architectural surveys.

a. Project investigation completion time will depend on local site conditions (i.e., snow cover, frozen ground, crops need to be harvested before a surface/subsurface survey can be completed).

b. The contractor will provide the CRS will provide the CRS with a draft report containing documentation for the Government to make an informed determination of effect or no effect on cultural resources/historic properties so that any reviewing parties can understand and provide concurrence and/or comment. This documentation shall follow standard report format and will include 36 CFR 800.11 (d) and AIA standards. The draft report will be transmitted in .pdf format for review. The government shall complete their review of the final report within 15 business days of receipt of the report.

c. Upon review of the draft report, recommended changes and/or additions to report will be submitted by the CRS for inclusion in the final report. All reports will include color maps and photos of the project. Iowa Site Inventory forms and maps can be included as an attached appendix when appropriate. All copies shall be submitted to the CRS.

d. The final report will be submitted within 15 calendar days after receiving the CRS’s comments and will contain all requested changes.

e. For project’s requiring consultation with the Iowa State Historic Preservation Office (SHPO), Office of the State Archaeologist (OSA), Tribal nations with known ancestral lands in the vicinity and/or other vested parties, any requested additional investigations and report revisions sought on these parties’ behalf, the contractor will have another 15 calendar days to complete the modifications.

f. The government shall complete their review of the final report within 15 business days of receipt of the final report. Approval or disapproval will be provided to the contractor via email.

g. The contractor shall submit their invoice to IPP.gov once final approval is received from the government.

The Contractor shall deliver a draft and a final professional survey report, and all site documentation as outlined above Timely completion of deliverables is essential to a successful outcome. Below are the required due dates for each requirement/task. Exceptions for delays due to weather will be allowed, though work must be accomplished as soon as the weather permits.

The following work schedule shall apply:

• Pre-Fieldwork Investigations will be completed within five calendar days of BPA Call issuance.

• Fieldwork will be completed within 30 calendar days from the effective date of the BPA call. The Contractor shall notify the NRCS once the fieldwork has been completed.

• Draft site forms and a draft report will be submitted to the Cultural Resources Coordinator for comment no later than 30 calendar days after completion of fieldwork.

• The final report and site forms will be submitted to the Cultural Resources Coordinator no later than 15 calendar days after receiving comments from the NRCS.

• Upon approval of the final report, NRCS will submit the final report to Iowa SHPO, OSA and affiliated Tribal nations for review and concurrence.

• The contractor will have another 15 calendar days to complete any modifications requested by consulting parties and submit to NRCS.

• The government shall complete their review of the final report within 15 business days of receipt of the final report. Approval or disapproval will be provided to the contractor via email.

• Payment will be authorized with NRCS 100% approval of final report:

• The Contractor shall submit a payment request through IPP.gov.

5 SPECIAL REQUIREMENTS

5.1 Restrictions Against Disclosure

The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor’s possession, to those employees needing such information to perform the work provided herein (e.g., on a "need to know" basis). The Contractor shall to immediately notify the Contracting Officer, in writing, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

The Contractor agrees not to disclose any information concerning work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

Performance of work may involve access to potentially sensitive information about governmental and landowner issues. All Contractor personnel shall comply with the terms of AGAR clause 452.224-70 (Confidentiality of Information), as well as provisions of the Privacy Act of 1974 (5 U.S.C. 552a) Additionally, the Contractor’s personnel shall comply with privacy of personal information relating to agency programs in accordance with Section 1244 of Title II of the Farm Security and Rural Investment Act of 2002 (P.L. 107-171) and Section 1619 of Title I of the Food, Conservation, and Energy Act of 2008. The Contractor’s employees shall not disclose contents of agency case files and/or records to anyone other than authorized United States Department of Agriculture employees without the express written consent of the Freedom of Information Act and Privacy Act Officer, through the Contracting Officer.

5.2 Additional Requirements

1. Burial Sites, Human Remains, and Funerary Objects If burial sites, human remains, and funerary objects are recovered during the investigation, the contractor must stop and contact CRS immediately. The contractor will abide by all applicable federal, tribal, state, or local laws and ordinances and the ACHP’s policy for the treatment of burial sites, human remains, and funerary objects. The contractor will also follow USDA and NRCS policy on treatment of human remains and consultation. The area of potential effects (APE) must be secured and protected from disturbance and harm.

2. Data Rights (Ownership of Data, Records and Paper) All data, including field notes, pictures, drawings, not contained in the above report are the property of NRCS and will be turned over to NRCS once report has been accepted by NRCS.

3. Curation All archaeological and/or historic material remains recovered during the investigations/evaluations are the property of the landowner and shall be returned to the landowner as soon as possible after appropriate analysis is completed and final report is accepted by NRCS.

5.3 Applicable Documents

Procedures for complying with the aforementioned mandates are outlined in the following references:

• Section 106 of the National Historic Preservation Act (NHPA), as amended. (see http://www.cr.nps.gov/linklaws.htm.)

• 36 CFR 800; Protection of Historic Properties, (see http://www.cr.nps.gov/linklaws.htm.)

• Archaeology and Historic Preservation: Secretary of Interior’s Standards and Guidelines, (see http://www.cr.nps.gov/linklaws.htm.)

• Archaeological Resources Protection Act (43 CFR Part 7) http://www.cr.nps.gov/linklaws.htm http://www.cr.nps.gov/linklaws.htm http://www.cr.nps.gov/linklaws.htm

(https://www.govinfo.gov/content/pkg/USCODE-2013-title16/html/USCODE-2013-title16-chap1B.htm)

• NRCS National Cultural Resources Procedures Handbook, (see http://www.nrcs.usda.gov/technical/cultural.html.)

• NRCS General Manual 420, Part 401, (see http://www.nrcs.usda.gov/technical/cultural.html.)

• NRCS National Environmental Compliance Handbook, (see http://www.nrcs.usda.gov/technical/cultural.html.

• AIA Guidelines for Archaeological Investments in Iowa, (see Microsoft Word - 2020 AIA Guidelines Revised 09152022.docx (aiarchaeologist.org) .

http://www.nrcs.usda.gov/technical/cultural.html http://www.nrcs.usda.gov/technical/cultural.html http://www.nrcs.usda.gov/technical/cultural.html http://aiarchaeologist.org/data/documents/2020-AIA-Guildelines-Revised-10312022.pdf http://aiarchaeologist.org/data/documents/2020-AIA-Guildelines-Revised-10312022.pdf