SOW_Ethnographic_Assessment_Shiawassee_and_MI_Islands.pdf

140FS226Q0183 Ethnographic Overview and Assessment Page 1 of 17 Shiawassee National Wildlife Refuge and Michigan Islands National Wildlife Refuge

SCOPE OF WORK

Introduction

The contractor shall provide identification and documentation of ethnographic resources within Shiawassee National Wildlife Refuge and Michigan Islands National Wildlife Refuge, paying particular attention to areas targeted for ecosystem restoration. This Ethnographic Overview and Assessment (EOA) is designed to serve as a foundational baseline study that will directly inform a subsequent Traditional Use Study (TUS) and other collaborative projects in the future.

To manage its cultural and natural resources in an effective, culturally informed manner, the U.S. Fish and Wildlife Service (USFWS) requires comprehensive analysis of ethnographic information about Indigenous Peoples and other peoples with traditional ties to a specified landscape. An EOA is a baseline cultural study that reviews and synthesizes existing ethnographic, archaeological, archival, and historical literature to document traditional associations between distinct cultural communities and the landscapes, places, and resources of a refuge. Among other applications, an EOA contributes to the development and implementation of culturally appropriate resource management strategies; helps managers make better informed, culturally responsive decisions;

supports evaluation of requests for access to culturally significant resources (both natural and cultural); identifies ethnographic resources that require special treatment; and assesses potential impacts on these resources in the face of proposed management actions. The synthesis of available ethnographic, archaeological, archival, and historical data also helps to identify places within or near refuges that may meet eligibility requirements for listing with the National Register of Historic Places as Traditional Cultural Properties (TCPs).

The contractor's work will provide the USFWS with information documenting the historic and cultural relationships between the refuges and Indigenous Peoples or other cultural communities that have historic association and/or treaty rights within the identified landscape. The overall purpose of the project is to identify and describe ethnographic resources and sites of importance based on the existing ethnographic, archaeological, archival, and historical record. The EOA will establish the evidentiary baseline and will help inform subsequent Traditional Use Study that will be co-developed in partnership with associated Tribes and focused on community-generated data regarding contemporary use, perspectives, and cultural practices related to culturally significant resources and landscapes on the refuge.

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Shiawassee National Wildlife Refuge and Michigan Islands National Wildlife Refuge

Established in 1953, Shiawassee National Wildlife Refuge (NWR) was authorized by the Migratory Bird Conservation Commission under the Migratory Bird Conservation Act (16 U.S.C. § 715 - 715s), "...for use as an inviolate sanctuary, or for any other management purpose, for migratory birds," and for purposes designated under the Refuge Recreation Act (16 U.S.C. § 460k-l) including "...(1) incidental fish and wildlife-oriented recreational development, (2) the protection of natural resources, [and] (3) the conservation of endangered and threatened species." Today, the refuge manages 10,000 acres of marsh, bottomland hardwood forest, and grasslands which supports numerous species of migratory birds, songbirds, and colonial nesting water birds such as ring-billed and herring gulls, great blue herons, and great egrets.

Located within Saginaw County, Michigan, the Shiawassee NWR is surrounded by both agricultural land and urban development. The refuge encompasses portions of James, Saginaw, Spaulding, Swan Creek, and Bridgeport Townships, just south of the City of Saginaw (Figure 1). Waterways running through the refuge include the Cass, Flint, Shiawassee, and Tittabawassee Rivers, as well as the Birch Run, Bullhead, and Swan Creeks. Water levels on the refuge are intensively managed for wildlife habitat, especially for migrating waterfowl, accomplished using a combination of dikes, ponds, dams, and pumps. The project area is located in a region informally known as the Shiawassee Flats.

This region generally conforms to the area covered by the mid-Holocene Nipissing level of the Great Lakes. Because most of the area lies only a few meters above the present level of the Great Lakes, even minor lake level fluctuations in the past would have had important repercussions for local inhabitants.

Michigan Islands National Wildlife Refuge was established in 1947 under the authority of the Migratory Bird Conservation Act (16 U.S.C. § 715–715s) for the purpose of protecting and managing migratory birds and their associated habitats. The refuge comprises nine small, remote islands dispersed across Lakes Michigan and Huron. Four of these islands— Gull, Pismire, Hat, and Shoe—are part of the Beaver Island Archipelago in Lake Michigan and are managed by Seney National Wildlife Refuge. The remaining islands—Sugar, Crooked, and Scarecrow in Thunder Bay, along with Big and Little Charity Islands in Saginaw Bay—are managed by Shiawassee National Wildlife Refuge. The islands of Michigan Islands National Wildlife Refuge are shaped by the dynamic climatic and hydrological processes of the Great Lakes basin. Their physical environment includes rocky shorelines, sparse and thin soils, coastal wetlands, and mixed upland forest communities.

Habitat conditions fluctuate in response to changing lake levels, storm activity, and long‑term geomorphological patterns associated with post‑glacial landscape evolution.

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These factors influence shoreline configuration, vegetation patterns, and the availability of suitable habitat for wildlife species that depend on these unique island ecosystems. The refuge is closed to the public in order to protect sensitive colonial nesting waterbirds and federally threatened plant species that depend on these isolated island habitats.

The initial human colonization of the Great Lakes region occurred during the Paleo-Indian period (ca. 11,500 - 10,000 B.P.). Occupation of the area has been relatively continuous, but it is during the Historic period that we can first associate Tribal names with specific Indigenous Peoples living in the larger Great Lakes region. Groups living in this region historically included, among others, the Ojibwe, Sauk, Fox, Potawatomi, Miami, and Ottawa (Cleland 1992; Tanner 1987). Descendants of some of these groups remain present in the area and maintain active relationships with the landscape. Others have been forcibly removed from the region historically but may have interest in re-establishing that connection. Currently, Shiawassee NWR has relationships with both the Sault Ste. Marie Tribe of Chippewa Indians and the Saginaw Chippewa Indian Tribe of Michigan. The latter has made clear requests to exercise usufructuary treaty rights on the Shiawassee NWR.

Ethnographic Resources and Overview and Assessment Approach

Resources or places having cultural importance are referred to by the USFWS in this document as ethnographic resources. An ethnographic resource is defined here as any natural or cultural resource, landscape, or natural feature linked by a subject ethnic community to the traditional practices, values, beliefs, history, and/or ethnic identity of that community. Ethnographic resources may be modern traditional cultural properties, but they may also be sites of archaeological and/or historical value. This project will identify and document ethnographic resources and places used by members of traditional communities that have historical and cultural association with Shiawassee NWR and Michigan Islands NWR based primarily on the existing archaeological, archival, and historical record.

The purpose of this project at Shiawassee NWR and Michigan Islands NWR is to:

• Review, update, and summarize existing ethnographic, archaeological, archival, and historical data for people and resources associated with the refuge

• Evaluate and identify data gaps in the existing record, particularly those which should be prioritized for investigation in a future TUS

• Document the historical and prehistoric uses of ethnographic resources based on archaeological evidence, treaty documentation, and historical accounts, with particular focus on the inventory and documentation of resource use (e.g., plants, 140FS226Q0183 Ethnographic Overview and Assessment Page 4 of 17 animals, rocks, waterways) and cultural practices that can be reconstructed from the archaeological and historical record

• Establish a documented evidentiary foundation to support the future co-development and collaborative implementation of a Traditional Use Study with associated Tribes and communities.

While no formal ethnographic interviewing will be conducted as part of this EOA — that methodology will occur through subsequent TUS or other ethnographic-based work in full partnership with the Tribes — the contractor shall maintain consistent communication and informal consult with USFWS refuge staff, regional office personnel, refuge project liaison, and where appropriate, with Tribal Historic Preservation Officers (THPOs), expert knowledge holders and other researchers. These informal consultations will help guide the direction of archival and historical research, identify priorities for future studies, and ensure that findings are culturally responsive and relevant to management needs. The contractor will also conduct fieldwork and site visits on the Shiawassee NWR and, if environmental and weather conditions allow, Michigan Islands NWR. Site visits will provide potential consultative and relationship building opportunities for all participants in this study.

The contractor shall obtain information from existing archaeological reports, archival materials, treaty documents, historical records, published ethnographic literature, and other scholarly sources. This study will expand on a previous Overview Study of Archeological and Cultural Values on Shiawassee, Michigan Islands, and Wyandotte National Wildlife Refuges in Saginaw, Charlevoix, Alpena, and Wayne Counties, Michigan Vol. I and II (2000). The contractor shall use standard ethnographic and historical research methods to collect, synthesize, and document data. Information resulting from this effort will form the basis for the contractor's EOA report, will be used by refuge personnel to fully consider impacts to ethnographic resources that may result from proposed USFWS actions, and will help inform the future scope, design, and priorities for future studies.

Management of collected information must be consistent with USFWS policy 510 FW 1 Native American Policy.

Study Objectives

The objective of this project is to produce a report identifying communities traditionally associated with Shiawassee NWR and Michigan Islands NWR, summarizing and synthesizing existing ethnographic, archaeological, archival, and historical information on the past and more recent cultural systems of those communities. This EOA is a baseline cultural study which documents traditional associations between distinct cultural

140FS226Q0183 Ethnographic Overview and Assessment Page 5 of 17 communities and the landscapes, places, and resources of the refuge through the existing archaeological and historical record. The project's scope of work reflects a USFWS objective to understand the cultural history and ethnographic resources of refuge units and to lay the groundwork for a future community-engaged TUS and other collaborative projects.

Refuge managers must be able to use scholarly and scientific information to ensure that decisions that are made will not adversely affect the refuge's resources. In meeting these objectives, the refuge needs reliable information on the past and present characteristics of the human communities traditionally associated with a refuge and its resources. Such information supports the refuge in the stewardship of ethnographic resources, contributes to more mutually satisfying community relationships with refuge neighbors, and forms the basis for appreciation and interpretation of the living cultural resources of the refuge, as well as contributing to better understanding of the human component of refuge ecosystems past and present. This approach is also consistent with Joint Secretarial Order No. 3403 Fulfilling the Trust Responsibility to Indian Tribes in the Stewardship of Federal Lands and Waters and the USFWS Standards of Excellence articulated in 110 FW 1 Urban Wildlife Conservation Program Policy, which calls for the Service to know and relate to the community, build partnerships, and provide equitable access to resources.

In consultation with USFWS refuge and regional office personnel — and through informal consultation with Tribal Historic Preservation Officers, expert knowledge holders from Tribal communities, and other traditionally associated parties as appropriate — the project principal investigator will assess the utility of available ethnographic, archaeological, and historical data for refuge management and will identify significant gaps in the data for projected refuge needs. Throughout the project, the researcher will consult frequently with refuge personnel and the Midwest Region staff (Visitor Services and Cultural Resources Lead, Regional Historic Preservation Officer, Archeologist(s), Native American Liaison, and Refuge Project Liaison) as well as outside archaeologists and researchers (e.g., Castle Museum and THPOs) in order to maintain a research focus most useful to needs anticipated by the refuge and most fully realizing the potential of existing archaeological and historical data.

The project will identify and describe the refuge's traditionally associated peoples, consistent with Joint Secretarial Order No. 3403 Fulfilling the Trust Responsibility to Indian Tribes in the Stewardship of Federal Lands and Waters and, absent Service specific policy, as defined in Chapter 5 of NPS Management Policies and NPS Director's Order – 28, Cultural Resource Management Guideline, Ch. 10, Management of Ethnographic Resources. The principal investigator will develop a broad historical demographic overview

140FS226Q0183 Ethnographic Overview and Assessment Page 6 of 17 of these communities. In that overview, attention will be given to changes in local demographic, socioeconomic, and cultural characteristics that have occurred over the past two centuries as documented in the archaeological and historical record. The resulting report will identify culturally significant sites as documented in the archaeological and historical record associated with the refuge landscape and describe their significance and the peoples associated with these sites. Information is to be derived from existing archaeological reports, archival materials, historical documents, and published ethnographic literature. The data pertaining to traditionally associated groups will be summarized and synthesized in accordance with standard analytical procedures in contemporary archaeological and historical practice for cultural interpretation.

Specifically, the objectives of this study are to provide:

1. An ethnohistorical overview of the refuges as pertinent to this EOA, including review and synthesis of treaty documents, land cession records, and historical accounts bearing on the traditional associations of Indigenous Peoples with the Shiawassee Flats landscape and Michigan Islands NWR.

2. An analysis of the links between the prehistoric archaeological record and the more recent historic uses of the refuges as documented through historical sources, including descriptions of occupation and use of cultural and natural resources, and the cultural significance of natural resources and physical environmental features by traditionally associated groups of people

3. A list of the peoples (Indigenous Peoples, communities, ethnic groups, etc.)

traditionally associated with the refuges — some of which may be identified specifically by legislation, past or existing agreements — and the natural or cultural resources found within the refuges that they have traditionally used based on archaeological and historical documentation

4. Descriptions of resource uses documented in the ethnographic, archaeological and historical record, including location (when documented), frequency of use (when documented), nature of use (e.g., religious or subsistence), and associated Tribe or community. Attention shall be given to integrating archaeological evidence with the historical record.

5. Identification of data gaps — areas where the existing archaeological, archival, and historical record is insufficient — with specific recommendations for how a future TUS should prioritize filling those gaps through community collaboration.

6. An annotated and current bibliography that meets management needs for ethnographic information in the refuge and its associated communities

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7. A record of any informal consultations (if they occur during the conduct of the research) with Indigenous Peoples and other communities whose lifeways and cultural practices may be affected by refuge management plans and actions, including discussion of Federal Register nominations of ethnographic resources. All individuals informally consulted shall be automatically afforded anonymity per the confidentiality and consent provisions of this document.

8. A list of ethnographic resources (and associated Tribe or community) to be considered for, with community approval, inclusion in the Ethnographic Resources Inventory (ERI)

9. Recommendations for the scope, design, and priority topics of a future Traditional Use Study which may be used to help inform future collaborative opportunities with the Saginaw Chippewa Indian Tribe of Michigan and other traditionally associated communities, with focus on contemporary uses, perspectives, and practices related to culturally significant resources, harvesting, and gathering.

10. Recommendations for incorporation of study findings into interpretative themes and information which may be appropriate — as determined in consultation with Tribes

— for refuge interpretative materials.

Fieldwork

The contractor shall conduct a minimum of one 5-day fieldwork session at Shiawassee National Wildlife Refuge and potentially one or more islands that encompass the Michigan Islands NWR. Site visits to the islands is not guaranteed and contingent on environmental and weather conditions, and consultation and coordination with the Refuge Manager and staff. Fieldwork may include transect walks across refuge management units, GIS-supported mapping of documented resource use areas and culturally significant landscape features, on-site documentary research, and site visits to locations identified through the archival and historical research process. During the fieldwork sessions, the contractor shall informally consult with refuge staff and, where participation is possible and of interest, with Tribal Historic Preservation Officers, expert knowledge holders, and outside researchers (e.g., Castle Museum staff). These informal consultations are not formal ethnographic interviews and will be conducted in accordance with the confidentiality and informed consent provisions of this document.

In addition to fieldwork sessions, the contractor shall coordinate with the Refuge project liaison to co-facilitate a field day at Shiawassee NWR with USFWS staff and interested Tribal government representatives and/or community members for the purpose of a refuge-wide tour and group site visit. During this field day, the contractor shall present preliminary

140FS226Q0183 Ethnographic Overview and Assessment Page 8 of 17 research findings to the group, provide an overview of identified ethnographic resources and data gaps, and facilitate informal discussion of priorities for a future Traditional Use Study and/or other collaborative projects. This field day will be scheduled in coordination with the COR and Tribal contacts, and will be announced with sufficient advance notice to allow for meaningful participation by Tribal representatives. Findings shared during the field day will be presented in clear, accessible, non-technical language.

Informed Consent and Confidentiality of Consultants

No formal ethnographic interviewing will be conducted as part of this EOA. Where informal consultations occur during fieldwork, archival research visits, or other project activities, the contractor shall afford automatic anonymity to all individuals consulted. No individual consulted informally shall be identified by name in any project report, interim document, or deliverable without explicit prior written consent from that individual. In all reports, individuals consulted informally shall be referenced using code designations (e.g., "Tribal community member," "local historian," "refuge staff member") that do not enable identification.

Should any incidental information regarding the specific use or locations of sensitive resources be shared during informal consultation, the contractor shall not record, report, or disclose that information in any manner without explicit written consent from the individual providing the information and approval from the COR. All information shared during informal consultations is subject to Federal Freedom of Information Act requirements and/or subpoena, and individuals consulted informally should be so informed at the outset of any consultation.

The contractor will maintain a secure, internal log of individuals informally consulted during the course of the project. This log, including names and contact information only for those who consent to identification, shall be submitted as a separate, restricted addendum to the final report, as specified under Supplemental Report Information. The contractor will establish and maintain code designations for all individuals who do not wish to be individually identified.

All formal consultation with Tribal governments conducted during the course of this project remains the responsibility of the USFWS under its government-to-government consultation obligations and shall not be conflated with informal consultant interactions conducted by the contractor.

Project Management

Project Research Design, Plan, and Schedule

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Following contract award, the contractor will prepare a detailed project plan. The plan will be developed and submitted as follows:

• Draft Project Plan: due 20 days following contract award

• Final Project Plan: due 35 days following contract award

The project plan will include identification of specific research to be conducted, methodologies to be employed, and project schedules to be met (in table format). It will specifically identify archaeological reports to be reviewed, archives and repositories to be searched, historical document collections to be consulted, and scholarly literature to be synthesized. The plan will also identify fieldwork logistics, informal consultation protocols, and how data will be collected, handled, and secured. The plan will cover all salient components of the study as discussed in this scope of work and will address how findings will support the future co-design of a TUS at Shiawassee NWR.

The plan will be subject to review and acceptance by the COR, and the COR shall coordinate with any and all other USFWS staff as needed/desired.

Progress Report

The contractor shall submit one (1) progress report to the COR, due two (2) months after contract award. The progress report will consist of a short narrative written in non-technical language which briefly summarizes:

1. Project activities to date for the time period being reported

2. Problems encountered, if any

3. Proposed adjustments to the methodology and/or project schedule, if any

Draft Final Report

The contractor shall submit the Draft Final Report in electronic MS Word version to the COR on or before July 1st, 2027. The COR will forward appropriate copies (electronic, for comments and changes to be entered via track changes) to USFWS staff for review and comment. Upon direction by the USFWS, the contractor shall also forward copies of the Draft Final Report to participating Tribal representatives for review and comment.

USFWS staff and Tribal reviewers will have 30-45 days from receipt to provide comments and feedback on the draft report. The contractor will consolidate all comments received and share them in full with the COR.

If the USFWS determines the Draft Final Report is not acceptable, the contractor shall provide a revised second draft at no additional cost.

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Final Report

The Final Report is due September 30th, 2027.

The Contractor shall submit, to the COR, the Final Report consisting of a narrative written in clear, concise language (generally non-technical) that can be used by planners, refuge managers, Tribal Historic Preservation Offices, and other non-specialists. The report includes, but is not limited to:

1. An Executive Summary of major findings, conclusions, and issues, including a summary of identified data gaps and recommendations for the future TUS

2. Table of Contents

3. Introduction with a discussion of study background, major study issues, and the relationship of this EOA to the future Traditional Use Study

4. Methodology — A detailed description of the project methodology, including each procedure used, types of data generated, and methods of analysis. The section will describe the archaeological review and synthesis methodology, archival and historical research methodologies, fieldwork activities, and informal consultation approach, and will define relevant terminology

5. Key Points — primary study results and conclusions (see details below)

6. Recommendations for the co-design and scope of a future Traditional Use Study including priority resources, knowledge gaps, and suggested community-centered research approaches.

7. Recommendations for additional archaeological, archival, and historical research and/or follow-up National Register/TCP nomination studies

8. Recommendations for historical and/or cultural resource interpretation opportunities appropriate for the general public.

9. References Cited

10. Appendices — To include, as necessary, maps, relevant historical summaries, annotated bibliographic citations for the refuge archive, etc. One appendix to the final report will be the final, accepted Research Design for the project

The section "Key Points" is a narrative that includes the following:

• For each associated group addressed in the report, as applicable:

140FS226Q0183 Ethnographic Overview and Assessment Page 11 of 17 o A description of relationships between refuge resources and documented resource uses based on archaeological and historical evidence o The basis for a group's relationship with refuge resources as documented in the archaeological and historical record, including treaty rights and land cession documentation o The general locale and type of resources that people valued and used based on documented evidence, the kind of uses, and the traditional or other bases for such use and value o Information regarding relevant natural resources (e.g., plants, animals, geology, waterways) and cultural resources (e.g., sites, structures, objects) documented in archaeological reports and historical sources, including frequency and nature of use when documented o Identification and listing of specific ethnographic resources and associated resource values and uses as documented in the archaeological and historical record

• The location of documented resource uses and/or activities. Maps showing general locations can be developed based on documented evidence; precise locations of sensitive resources will be handled per the Supplemental Report Information provisions below and separate from the Final Report.

• A discussion and evaluation of the adequacy of the existing data, identification of key data gaps, study findings, recommendations, and methodology

The "Annotated Bibliography" will include:

• The major published and accessible unpublished sources that bear on relationships between refuge resources, traditionally associated communities, and the study findings. The general source and reliability of the documents will be assessed (original/primary, true copy, secondary, etc.), their content summarized, and ownership and copyright status identified

The Final Report shall contain high quality reproductions (including scans of 300 dpi or higher of images, maps, and illustrations), which will be submitted as separate files in the digital submission. All images obtained during research shall be submitted in the digital submission, whether or not used in the report. Each image must be identified, at minimum, with the subject and date. The digital submission should contain both high quality (raw/original) images and reduced (print-ready) images used in the report. Relevant GIS data shall also be submitted.

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The Final Report will be submitted in two (2) bound copies with legible illustrations (including maps, unless containing sensitive resource information). In addition, one original PDF master digital file with original artwork and illustrations (including maps) will be submitted together with five (5) encrypted flash drive copies containing the document as a PDF. The reports will be submitted to the Refuge Manager at Shiawassee NWR. In addition to the USFWS copies, each participating Tribe shall receive a hardcopy or CD copy of the report per their preference.

Supplemental Report Information — Presented Separately as a Report Addendum

The contractor shall present the items below separately, as a restricted addendum to the final report, in order to ensure the limited distribution and confidentiality of the information:

1. As appropriate, a list of specific locations of highly sensitive ethnographic resources and/or activities documented in the archaeological or historical record, for use only by the associated Tribe or community and the Refuge Managers

2. A list of archives, repositories, and collections consulted for the project, with contact information and descriptions of relevant holdings

3. A list of individuals informally consulted during the project. Only the names and contact information of individuals who have provided explicit written consent to be individually identified shall be included. All other individuals shall be listed using assigned code designations and general community or professional affiliation only.

The contractor will retain a master code key for 10 years following project completion, and shall make information contained therein available to the USFWS upon request at no additional cost

Additional Requirements

1. The contractor will not subcontract any portion of this project without prior USFWS approval (including COR and CO)

2. The USFWS will provide policy direction and review, archaeological and historical expertise and assistance in accessing U.S. Fish and Wildlife Service archives and planning documents, and Tribal contact information. The U.S. Fish and Wildlife Service will provide the contractor with up-to-date Tribal contact information

3. The contractor shall establish and maintain consistent communication with USFWS refuge and regional office personnel throughout the project. The contractor shall also maintain communication with Tribal Historic Preservation Officers and/or other Tribal representatives as appropriate and as facilitated by the USFWS, and shall

140FS226Q0183 Ethnographic Overview and Assessment Page 13 of 17 provide a copy of the full final report via CD/PDF (or hardcopy, as requested) to each participating Tribe. Findings will be presented in non-technical language

4. The contractor will not use information regarding the specific locations of sensitive ethnographic resources and/or activities in scientific publications or presentations, or otherwise make the information public in any way, without explicit permission from the USFWS and affected communities.

5. The contractor will respect sensitive government-to-government relationships between the USFWS, other Federal agencies, and the formal political entities of the Federally recognized Tribes involved in the project. All formal Tribal consultation is the responsibility of the USFWS; the contractor's interactions with Tribal staff and knowledge holders are informal in nature and shall not be represented as formal government-to-government consultation.

6. The contractor will immediately notify the COR and Refuge Manager if researcher(s) encounter situations that are, or have the potential to become, sensitive. The goal is to avoid encounters that could put either project personnel or USFWS personnel in an adversarial or negative relationship with others.

7. In all reports, use terms that are consistent with standard USFWS usage (refer to 614 FW 1 Overview of Managing Cultural Resources and other agency-specific associated policies)

8. The contractor will obtain any necessary approval from institutional review boards or human subjects review committees, if required.

9. If the final report is written by someone other than the project Principal Investigator, the cover and title page shall bear the inscription "Prepared Under the Supervision of (Name), Principal Investigator".

10. The contractor will identify the ownership and copyright status of all documentary or archival items contained in the report or obtained for USFWS use

Applicable Regulations, Laws, and Guidelines

The contractor's work shall adhere to the following guidelines: FWS Cultural Resources Policy (FW 614 1-6) where applicable, NPS Management Policies, Director's Order No. 28 for Cultural Resource Management (and its accompanying guideline), contract documentation, and the policies and ethical statements of the American Anthropological Association, the Society for Applied Anthropology, the Society for American Archaeology, and the Society for Historical Archaeology.

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The work defined herein is to be performed in accordance with and under the authority and requirements of the Native American Religious Freedom Act of 1978 (PL 95-341), the Archaeological Resource Protection Act of 1979 as amended (PL 96-95), the National Historic Preservation Act of 1966, as amended (PL 96-515), Joint Secretarial Order No.

3403 Fulfilling the Trust Responsibility to Indian Tribes in the Stewardship of Federal Lands and Waters, and USFWS policy 510 FW 1 Native American Policy.

Contract Deliverables

The contractor shall submit the following deliverables to the USFWS:

• Draft Project Plan: due 20 days following contract award

• Final Project Plan: due 35 days following contract award

• Progress Report: due two (2) months after contract award, or by January 1, 2027 whichever comes first

• Draft Technical Report conforming to the requirements specified in this document o Date of Delivery: on or before July 1, 2027

• Final Technical Report (electronic and hard copies) conforming to the requirements specified in this document, including scanned and hard copies of all illustrations, photographs, maps, etc., used in the final report o Date of Delivery: September 30, 2027

• Restricted Addendum detailing specific locations and descriptions (to include maps), photos, or illustrations of sensitive ethnographic resources and the anonymized consultation log. This document shall provide details not appropriate for inclusion in the Final Technical Report.

o Date of Delivery: September 30, 2027

Review and Acceptance of Deliverables

The contractor shall complete reports in Microsoft Word, except the final which shall be a

PDF.

The Draft Final Report will be reviewed within 30- 45 days after receipt. Reviewers will include the Regional Historic Preservation Officer, Refuge Manager, Refuge Project Liaison, Native American Liaison, requesting Tribal representatives, and at least one external (non- USFWS) peer reviewer.

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If the USFWS determines the Draft Final Report is not acceptable, the contractor shall provide a revised second draft at no additional cost. The revised second draft is due before or on August 1, 2027, allowing time for an additional review period for the revised second draft.

Concurrent with the USFWS review, relevant associated Tribes will have up to 45 days to review and comment on the draft final report. The contractor will distribute draft report sections and consolidate all comments received. The contractor will share all comments provided by all parties with the COR.

A Final Report is due September 30, 2027. This will consist of one original hard copy with original artwork and illustrations (including maps), five (5) bound copies with legible illustrations, and five (5) digital copies of the full report text and graphics. In addition to the USFWS copies, each participating Tribe shall receive a hardcopy or CD copy of the report.

The contractor will provide a written explanation for any review comments that are not addressed in the revised second draft report or final report.

The total period of performance may not extend past September 30, 2027 without a formal modification by the Contracting Officer.

Key Personnel

During the first 90 days of performance or first deliverable, whichever occurs first, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the USFWS Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required below. After the initial 90-day period, the Contractor shall submit the information required to the Contracting Officer at least 15 days before making any permanent substitutions. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the USFWS Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer shall notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. This clause may be modified to reflect any approved changes of key personnel. Key personnel under this order is/are as follows:

[ROLES/TITLE OR NAME] – Principal Investigator

Confidentiality

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The information developed under this task order is the property of the U.S. Government and shall be kept in strict confidence.

Authority

The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work. Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

Other Designated Officials

Contracting Officer (CO)

Jeremy Riva, 303-535-4788, jeremy_riva@ios.doi.gov

Contracting Officer Representative (COR)

Natalie Gradetto, 404-967-2192, natalie_gardetto@fws.gov

Changes to the above COR or other designated officials may be made via email from the Contracting Officer or contracts specialist.

Payment and Invoicing

Invoicing will be handled through IPP.gov. In accordance with and in addition to the contract payment and invoice clause, the contractor shall comply with the terms as stated herein.

No legal liability on the part of the Government for any payment may arise for performance under this contract beyond the amount that has been authorized through the issuance of funded written purchase orders.

Invoices shall identify the period of performance covered by the invoice, tasks worked on, and the percent of task completed. If the percent of task completed is less than 100%, the contractor shall provide a brief explanation why the task was not completed and an anticipated completion date.

Requests for progress payment shall be made based on monthly-itemized invoices submitted for completed work in accordance with the Contract Clauses. Invoices submitted more than monthly must be justified and approved by the Contracting Officer.

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Travel costs and all other direct costs shall be included in the firm fixed price for the work.

Travel costs shall be in accordance with the Federal Travel Regulations.

After completion of work and as a prerequisite to final payment, the contractor shall furnish to the Contracting Officer a Release of Claims. Claims asserted by the contractor and excepted from operation of the Release shall be listed in spaces provided after the word "except" and shall be referenced to correspondence or other identifying data, together with a monetary amount for each major claim item.