SOW.docx

SCOPE OF WORK

Bureau of Indian Affairs Eastern Oklahoma Region Fuels Management Program – FY 2021 Phase I Archaeological Survey and Report

I. Background

As an agency of the U.S. Department of Interior, the Bureau of Indian Affairs (BIA), is mandated to comply with Federal laws and regulations on the identification and protection of cultural resources. These laws include the National Historic Preservation Act (NHPA Section 106), National Environmental Policy Act (NEPA), Native American Graves Protection and Repatriation Act (NAGPRA), Archaeological Resources Protection Act (ARPA), American Indian Religious Freedom Act (AIRFA), and germane Executive Orders and federal regulations. As part of Section 106 compliance, the BIA may require a Phase I archaeological survey and report for federal undertakings.

The proposed Fuels Management and Forestry project(s) have the potential to cause ground disturbance within the Eastern Oklahoma Regional Office (EORO) area of responsibility. The project(s) is designed to reduce hazardous fuels on specific BIA administered Hazardous Fuels Reduction treatments implemented by the Bureau of Indian Affairs, EORO. The method of treatment will consist of prescribed fire and utilizing mechanical equipment including but not limited to, track loaders, bull dozers, and chainsaws to cut/pile, chip and/or masticate Eastern Red Cedar and/or other hazardous vegetation.

II. Statement of Work

A. The contractor shall furnish all necessary labor, transportation, equipment, specialized personnel, and material to complete the archaeological survey and reports. Upon contract award, a list of Permit Administrator(s), Principal Investigator(s), and Field Director(s) must be provided to the EORO, along with a curriculum vitae (or similar resume) for each Principal Investigator and Field Director, broken down by the sites they will be responsible for. The DI Form 1991 (ARPA Permit), Permit for Archeological Investigations will be issued to the contractor as needed to ensure complete coverage. The issued DI Form 1991 may require special stipulations, therefore it should be reviewed by the Principal Investigator prior to their signing and returning a copy to the EORO. Either the Principal Investigator or the Field Director shall always be on site when work is in progress and must keep this permit available for inspection.

B. Prior to the commencement of work, consultation/collaboration between the contractor and the Tribe, Band, or Nation’s cultural and/or historic preservation office must occur. This consultation should include, but is not limited to, the scope and extent of proposed work and the need for onsite tribal monitors or specialists with indigenous knowledge.

C. Contractor will conduct a Phase I Archaeological Survey that will, at a minimum, consist of:

1. Background/Literature Research.

2. Field investigation that includes pedestrian survey and shovel testing.

3. Report Preparation.

The pedestrian survey shall cover 100 percent of the area of potential effect as delineated within the contract or attachments. Shovel testing must be performed. Each shovel test will be to a depth of 50 cm or until sterile soil is reached, with a minimum diameter of 30 cm at locations of highest probability of finds but must not exceed intervals of 30 meters. Shovel tests must be dug whenever there is less than 30 percent ground surface visibility. Shovel tests must be dug in layers not to exceed 10 cm and screened through ¼ inch mesh, unless high clay or water content requires that they be troweled through. Shovel testing may be omitted on slopes greater than 20 percent, though the pedestrian survey shall be conducted at intervals no wider than 10 meters in such areas.

Drive overs, colloquially know a “windshield surveys”, are not acceptable. All excavated areas will be returned as closely as practical to pre-excavation conditions. Vehicular activity shall be restricted to existing roadways and trails.

E. Neither the Contractor nor his/her representative shall release to the public or other agency or entity any site locations, or other site information, sketch, photograph, report, or other material of any nature obtained or prepared under this permit without prior written approval of the EORO and the landowner, tribe, or allottee(s). Copies of all published articles and other published or unpublished reports and/or manuscripts resulting from any work conducted under the auspices of this permit shall be filed with the EORO and with the landowner, tribe or allottee(s). Reporting obligations required by law or regulation to other agencies and entities are waived from the stipulation.

F. Per 25 CFR 262.5 3(d): Human remains of Indians, funerary objects, sacred objects, and objects of cultural patrimony may not be excavated or removed unless the permittee has obtained the written consent of the EORO Regional Director. In order to obtain consent, the permittee shall present to the EORO Regional Director written evidence of prior consultation with the appropriate Indian tribe. If the lands containing the remains or objects are tribal lands, the permittee shall first obtain the written consent of the tribe having jurisdiction over the lands.

Inadvertent discovery of human remains demands all work will immediately cease and notification of local law enforcement and the EORO. No further ground disturbance will occur within a 100-meter circumference of the discovery site. Contractor will secure the area to the best of their ability until relieved by until either law enforcement, EORO or appropriate Tribal authority. Contractor may not resume work within the 100-meter buffer zone until notified in writing by EORO.

G. The report must meet the Secretary of Interior’s standards and guidelines and be accepted by EORO, the Oklahoma State Historic Preservation Office (SHPO), the Oklahoma Archeological Survey (OAS), Federally Recognized Tribe, and valid stakeholders with consulting requests for that location. The minimum standards for the Archaeological Survey Report include the following:

1. Abstract. The abstract must outline the report contents and refer to specific highlights of the findings.

2. Table of Contents.

3. Description of the area of potential effect. This includes the survey area and, for areas not surveyed, the rationale for that decision.

4. A synopsis of the environmental setting and cultural history.

5. Background review of historical research including: previous archeological work, museum collections, gathering relevant data on geology, botany, urban geography and other related disciplines; archival research; informant reviews; and/or recording of oral traditions where Traditional Cultural Properties and/or Traditional Cultural Plants use may be concerned.

6. Research Design

a. Description of proposed field survey methods, procedures, reasoning, and strategy used to identify cultural resources.

b. Description of actual field survey methods, procedures, reasoning, and strategy used to identify cultural resources and any reasoning for deviation from the research design.

7. A list of all recorded sites including site designation, elevation, and site type with: Historic Preservation Resource Identification Form; Historic Preservation Resource Identification Form for Cemeteries; Truss Bridge Forms; and/or Non-Truss Bridge Forms when applicable.

a. Forms are available from the State Historic Preservation Office page on the Oklahoma Historical Society website.

8. Pictures of project area and sites. No photographs are to be taken of Human Skeletal Remains, Traditional Cultural Properties or locations of Traditional Cultural Plants without permission of Tribal consulting parties.

9. Description, site legal location, and evaluation of all identified cultural resources; document their potential to contribute data on cultural resource problems of the project area; identify sites which may or may not be eligible for the National Register of Historic Places(36 CFR 60.4), with rationale and justification for the determination.

10. Summary of findings and recommendations.

a. Background and field data are evaluated, synthesized, and placed in broader perspective based on existing knowledge of archaeological resources of the region.

11. Appendices of maps:

a. Visual depiction of project location in the State, County and PLSS Section.

b. Location of shovel tests within the project area

c. National Register eligible sites within 1 mile of the project area

d. Archaeological sites within 1 mile of the project area

H. All maps are to include a key, title, north arrow, and are to be digitally provided in high resolution. USGS 7.5-minute maps are to include quad map name and date, with townships and ranges placed in the margins.

I. ‘Site’ is to be defined by reference to any State of Oklahoma criteria. Prepare site forms for newly discovered sites and updated for previously recorded sites. Provide a summary table.

At a minimum, site records will include the following:

1. Oklahoma site designations (Oklahoma Archeology Survey guidelines)

2. Pagination with page number and total number of pages on each page.

3. For previously recorded sites, include the original site record as well as all updates.

4. Maps: a portion of the USGS 7.5 minute topographic map showing the site locations, name of 7.5 minute USGS map; a site map depicting the location of the site, features, any site impacts, contour lines, UTM (NAD 83) coordinates for site boundaries.

5. Site description: Global Positioning System (GPS) coordinates (WGS 1984) for latitude and longitude and for the site datum/data: 7.5 minute USGS map name, township, range, 1/4 of 1/4 section; site elevation, site size in acres; a photo of the site area which includes the immediate surrounding area, a description and photos of features and diagnostic artifacts; the location of any site impacts, photographic and general description of the potential impacts. At a minimum, GPS coordinates are to be recorded with a +/- five (5) meter level of accuracy or better.

J. Within 120 days of award of contract, the contractor will deliver the following:

1. Seven copies of the final bound archeology report to the BIA EORO or designated official.

2. One unbound copy of all site records to the BIA EORO or designated official.

3. An Encrypted Compact Disc (CD) containing all photographs shall be delivered to the BIA EORO or designated official.

4. An Encrypted Compact Disc (CD) containing topographic maps depicting the areas surveyed and location of all sites documented shall be delivered to the BIA EORO or designated official.

K. See attached maps for specific project locations.

III. Qualifications

At a minimum, the Principal Investigator, the archaeology Field Director, and the field crew are to meet the Secretary of the Interior Professional Qualification standards for Archaeology (36 CFR Part 61:48 FR 44716). The Principal Investigator, and the archaeology Field Director are to have a minimum of an MA or MS degree in archaeology; at least one year of full time professional experience in archeological research, administration, or management; at least one year of supervised field and analytic experience in North American archaeology; in addition, at least one year of field experience in the Southern Great Plains and/or Trans-Mississippi region.

IV. Required Consultation

Within 45 days of Eastern Oklahoma Region receiving the deliverables from the awarded contractor, the Regional Office will initiate consultation with the appropriate Tribal and State government entities and other stakeholders per 36 CFR 800.4.

The awarded contractor is required to provide revisions/corrections or requests for additional surveys and information relating to the submitted survey reports. No more than 30 days should pass from notification to the contractor before a response is received addressing any requests from the consulting parties. A finding of adverse effect or if the consulting parties do not agree on whether an adverse effect is taking place, or implementation methodologies for mitigation of adverse effects the conflict will be resolved through consultation with the Advisory Council on Historic Preservation (ACHP).

The awarded contractor will receive 60% of the awarded payment once the survey reports are submitted to the EORO and are deemed satisfactory. The remaining 40% of the awarded payment will be released to the contractor once the EORO concludes consultation.

V. Attachments

1. Minimum Block Survey Standards

2. Guidance on Determining Site Boundaries

3. FY 2019 Phase I Contract Archaeological Survey and Report spreadsheet

4. Topographic Project Maps

a. Topographic maps of each project with the proposed project boundary are attached.

Minimum Block Survey Standards

Transect Interval

Shovel Tests1

Linear Projects

1Shovel tests must be dug, except on slopes greater than 20 percent. Shovel tests are 30 cm in diameter and are excavated to a depth of 50 cm, or until sterile soil. They are dug in layers up to 10 cm and screened through ¼ inch mesh unless high clay or water content requires that they be troweled through.

Determining Site Boundary:

Shovel testing is required to determine the site boundaries.

A minimum of nine (9) shovel tests must be placed in a + pattern that is perpendicular extending from the center of the artifact discovery location.

A shovel test must be placed every five (5) meters until two (2) negative shovel tests are sequentially excavated.

O

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X

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O

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X = Positive shovel test O = Negative shovel test

Archeological Survey Tract Information

Miami Agency

Okmulgee Agency

Wewoka Agency

*EST-Eastern Shawnee Tribe Properties. Corresponds with the Eastern Shawnee Tribe Maps image3.emf

Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community, Copyright:© 2013 National Geographic Society, i-cubed

Proposed Natural Resources Project Miami Agency: McKibben

Section8 T28N-R24E, IM, Ottawa Co, OK USGS 7.5 Minute Quadrangle: Peoria

±0.85 0 0.850.425 Miles

Tract 1- 20ac 1:24,000 image4.emf

Okmulgee Agency: Modoc Montgomery Properties

Section30 T28N-R25E, IM, Ottawa Co, OK Section 5 T27N-R25E IM, Ottawa Co, OK

USGS 7.5 Minute Quadrangle: Wyandotte

Tract 1- 42ac Tract 2- 289ac 1:24,000 image5.emf

Okmulgee Agency: Muddy Waters

Section5 T8N-R13E, IM McIntosh CO, OK USGS 7.5 Minute Quadrangle: Hanna

Tract 26ac 1:24,000 image6.emf

Okmulgee Agency: Coachman

Section9 T11N-R8E, IM Seminole CO, OK USGS 7.5 Minute Quadrangle: Boley

Tract 159ac 1:24,000 image7.emf

I Copyright:© 2013 National Geographic Society, i-cubed

0 10.5 MilesProposed Action Area: 120 acres

Wewoka Agency: George Jones

Section 11 - T8N - R6E, IM, Seminole Co, OK USGS 7.5 Minute Quadrangle: Seminole

1:24,000 image8.emf

I Copyright:© 2013 National Geographic Society, i-cubed

0 10.5 MilesProposed Action Area: 80 acres

Wewoka Agency: Shelia Hooper

Section 18 - T7N - R6E, IM, Seminole Co, OK USGS 7.5 Minute Quadrangle: Wolf image1.emf

Miami Agency: Eastern Shawnee Tribe Properties

Section 12&14 T27N-R24E, IM, Ottawa Co, OK

Tract 1- 47ac Tract 2- 60.5ac Tract 3- 101.2ac image2.emf

Miami Agency: Kissee

Section 25 T28N-R25E, IM, Ottawa Co, OK

Tract 1- 32ac 1:24,000