Cultural Resource Program Final Annual Report for Calendar Year 2013

OMAHA DISTRICT CULTURAL RESOURCE PROGRAM FINAL ANNUAL REPORT FOR CALENDAR YEAR 2013

Preserving and Protecting Cultural Resource

OMAHA DISTRICT CULTURAL RESOURCES PROGRAM

FINAL ANNUAL REPORT CALENDAR YEAR 2013

PREPARED BY THE OMAHA DISTRICT CULTURAL RESOURCES PROGRAM April 2014

This Page Intentionally Left Blank

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TABLE OF CONTENTS

I. BACKGROUND ...... 1

REPORT ORGANIZATION ...... 3 II. FEDERAL UNDERTAKINGS ...... 4 UNDERTAKING TRACKING LIST ...... 4 EXEMPTION LIST ...... 4 III. ROUTINE MONITORING ...... 5

UPDATING CULTURAL RESOURCE ROUTINE MONITORING PLAN...... 7 FISCAL YEAR 2013 ...... 8 FISCAL YEAR 2014 ...... 9 IV. IDENTIFICATION ...... 9

FISCAL YEAR 2013 ...... 9 FISCAL YEAR 2014 ...... 10 V. TESTING & EVALUATIONS/ NATIONAL REGISTER ...... 10

FISCAL YEAR 2013 ...... 11 FISCAL YEAR 2014 ...... 11 VI. TRADITIONAL CULTURAL PROPERTY SURVEYS ...... 12

FISCAL YEAR 2013 ...... 12 FISCAL YEAR 2014 ...... 13 VIII. MITIGATION ...... 13

FISCAL YEAR 2013 ...... 13 FISCAL YEAR 2014 ...... 14 IX. PROTECTION/ PRESERVATION ...... 16

FISCAL YEAR 2013 ...... 16 FISCAL YEAR 2014 ...... 16 X. PROGRAMS & PLANS ...... 17

FIVE YEAR PLAN ...... 17 FISCAL YEAR 2013 ...... 18 FISCAR YEAR 2014 ...... 18 MAIN STEM RESERVOIR CULTURAL RESOURCE MANAGEMENT PLANS ...... 18 FISCAL YEAR 2013 ...... 19 FISCAL YEAR 2014 ...... 19 XI. ENFORCEMENT PROGRAM ...... 19 FISCAL YEAR 2013 ...... 20 FISCAL YEAR 2014 ...... 20 XII. EDUCATION PROGRAM ...... 21

FISCAL YEAR 2013 ...... 21 FISCAL YEAR 2014 ...... 21 XIII. BUDGET ...... 21 FISCAL YEAR 2013 ...... 22 FISCAL YEAR 2014 ...... 22

XIV. ADMINISTRATIVE REQUIREMENTS ...... 23

DISPUTE RESOLUTION ...... 23 ADDITIONAL SIGNATORIES ...... 23 AMENDMENTS ...... 23 WITHDRAW ...... 24 TERMINATION ...... 24 XV. SUMMARY ...... 24

APPENDICES

Appendix Title A Summary of Exemption List Activities B USACE Annual Monitoring Narratives C Annual Monitoring Narratives- Tribal Contractor D Annual Monitoring Narrative- SD Game, Fish, and Parks E Routine Monitoring Contract Example F Summary Completed Class III Inventories G Class III Contract Example H Testing & Evaluations/National Register Contract Example I HABS / HAER Documentation Level III / National Register Contract Example J Summary Completed Traditional Cultural Property Surveys K Traditional Cultural Property Survey Contract Example L Summary Completed Site Stabilization Projects M Summary Protection and Preservation Activities N Enforcement MOA Activities

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I. BACKGROUND

The Final Programmatic Agreement for the Operation and Management of the Missouri River Main Stem System for Compliance with the National Historic Preservation Act (PA), as amended, (March 19, 2004) “is an attempt to address all problems associated with cultural and historic resource impacts involved with the ongoing operation and maintenance of the Missouri River system of main stem dams. It is by design an initiative that will facilitate the development of processes and strategies to minimize, avoid, or mitigate the ongoing adverse impacts the system causes. It is an attempt to overcome barriers keeping worshippers from areas and resources that are essential to their continuing ability to carry out traditional worship pursuits. Furthermore, through the collective establishment and implementation of principles of Consultation, and Collaboration, and Shared Stewardship, this document will lay the groundwork for Tribes to achieve parity with the Corps of Engineers on issues directly affecting important historic, cultural, and natural resources. Though this document is limited in its scope to the application and enforcement of historic preservation and protection laws, it provides the opportunity to develop a dialogue and forum for the various Indigenous Nations and Federal agencies to begin addressing all resources considered sacred or important by Indigenous Peoples.”

The Final Programmatic Agreement for the Operation and Management of the Missouri River Main Stem System for Compliance with the National Historic Preservation Act, March 19, 2004, can be found on the Omaha District Cultural Resources website: http://www.nwo.usace.army.mil/Missions/CivilWorks/CulturalResources/ProgrammaticAgreement.aspx

Throughout this report references will be made to the Stipulations the U.S. Army Corps of Engineers, Omaha District (herein after referred to as Corps) agreed to in the administration of the Missouri River Main Stem System to avoid, minimize, or mitigate adverse effects and satisfy the Corps Section 106 responsibilities for the actions outlined within the PA.

The geographical scope of the PA is based on the U.S. Army Corps of Engineers, Omaha District’s concept of the Area of Potential Effects, defined in 36 Code of Federal Regulations 800.16 and Attachment 2 of the PA as, the geographic area or areas within an undertaking that may directly or indirectly effect the character or use of a historic property. This area is also defined in the PA.

PA Stipulation 3- Scope of this Programmatic Agreement states; “federal lands, owned by the Corps, beginning at the headwaters of Fort Peck Lake, approximately 3 miles northwest of the Fred Robinson Bridge, Phillips County, Montana to Gavins Point Dam, Yankton County, South Dakota, including but not limited to Fort Peck Lake and Fort Peck Dam; Lake Sakakawea and Garrison Dam; Lake Oahe and Oahe Dam; Lake Sharpe and Big Bend Dam; Lake Francis Case and Fort Randall Dam; and Lewis and Clark Lake and Gavins Point Dam with project lands and related structures, generally known as the Missouri River Main Stem System; and areas downstream of and adjacent to the six Main Stem dams (which are affected by the operation of the system) are within the geographical scope of this PA, even though these areas are not under the authority or ownership of the Corps and may not be in federal ownership. It is recognized that the Corps has restrictions on its use of Main Stem operations monies and other authorities on non-Corps lands.”

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Therefore, this report will explain PA activities that took place during the 2013 Calendar Year along the Missouri River Main Stem System.

The primary purpose and legal authority for the PA are found in the National Historic Preservation Act (16 U.S.C. §470f et seq) (NHPA), particularly Section 106 (16 U.S.C. 470f), Section 110 (16 U.S.C. 470h-2), and Section 101 (16 U.S.C. 470a) of that Act. Federal agency compliance with NHPA section 106 is governed by regulations issued by the Advisory Council on Historic Preservation, 36 C.F.R. part 800, and the PA was negotiated pursuant to those regulations. The signatories agreed that the Missouri River Main Stem System shall be administered in accordance with the stipulations in the PA to take into account and attempt to mitigate adverse effects to historic properties and satisfy the responsibilities of the Corps pursuant to section 106.

In addition to Section 106 and the Advisory Council’s regulations, numerous other provisions of the NHPA, some of which are cited in the PA, are applicable to activities of the Corps. Additionally, the Corps is responsible for complying with other legal authorities, including federal statutes, regulations, executive orders, and guidance documents, as well as any applicable tribal and state laws. Citations for some of these other sources are provided in Attachment I of the PA, (for reference purposes only).

PA Stipulation 22- Annual Report states; “The Corps shall prepare a report and distribute it to the Affected Tribes and THPOs, SHPOs, ACHP, and other consulting parties not less than 60 days prior to the date of the annual review.” Attachment 4 of the PA states, “the Corps shall prepare a report that includes discussion of the following topics both for the past year and as anticipated or planned for the coming year: (below is the list)

1. List of all undertakings within the project area; 2. Description of all surveys and activities undertaken to identify and evaluate historic properties and results of such efforts; 3. Description of all historic properties affected or potentially affected by Corps undertakings; 4. Description of measures to avoid, minimize, or mitigate effects to historic properties, including Treatment Plans; Status of Five Year Plan, assessment of progress in meeting goals, and suggestion of revision; 5. Status of Five Year Plan, assessment of progress in meeting its goals, and suggestions for revision; 6. Status of Cultural Resources Management Plans (CRMPs) and assessment of progress in fulfilling recommendations; 7. Status of Enforcement Program and assessment of its effectiveness; 8. Status of Cultural Resources Site Monitoring Program and assessment of its goals; 9. Status of public Education Program and interpretive activities; 10. Status of Cultural Resource Program budget, including funding problems; 11. Additional signatories to the PA; notifications to amend, withdraw from, or terminate the PA;

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12. General assessment of how well the PA is working; and 13. Any other facts the Corps considers pertinent to evaluation activities covered by the PA and any available information that the affected Tribes, THPOs, SHPOs, ACHP and other consulting parties have requested that the Corps incorporate into the report.

This report, entitled “Final Omaha District Cultural Resources Program Annual Report for Calendar Year 2013,” is the Corp’s good faith effort to meet the requirements of Stipulation 22 of the PA.

REPORT ORGANIZATION

The contents of the annual report have been organized to correspond with the topics listed above. It will begin with a discussion of federal undertakings, routine monitoring, identification activities, mitigation, programs and plans, budget, administrative requirements, and a summary.

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II. FEDERAL UNDERTAKINGS

PA Stipulation 8 -Undertaking Review Provisions A) states; “for Corps undertakings that are planned or anticipated (for example, but not limited to, recreational and other development, silt or sediment removal, habitat creation or restoration, etc) the Corps shall consult on and address effects to historic properties through the Five Year Plan, Cultural Resource Management Plans (CRMPs) and attendant Treatment Plans. For those planned or anticipated undertakings not addressed through the plans the Corps shall comply with Section 106, NHPA in accordance with 36 CFR part 800, subpart B. For Main Stem System operations and their indirect adverse effects (including, but not limited to, erosion, exposure, susceptibility to looting vandalism, etc) the Corps shall consult regarding and address such effects to historic properties the terms of the PA.

Section 106 of NHPA requires federal agencies to take into account the effects that their federally funded activities and programs have on historic properties included in, or eligible for, the National Register of Historic Properties. Attachment 2 of the PA defines undertaking as “a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a Federal agency, including those carried out with Federal financial assistance; those requiring a Federal permit, license or approval...” (36 C.F.R. §800.16) The Corps addresses Stipulation 8 by outlining the anticipated undertakings for the 2012 Fiscal Year throughout this document.

UNDERTAKING TRACKING LIST

PA Stipulation 8- Undertaking Review Provisions C) states; “The Corps, Affected Tribes and THPOs, SHPOs, ACHP, and other consulting parties shall consult to determine if there are certain types of undertakings and actions that should be exempted from review and consultation under this PA because they have little or no potential to affect historic properties. In consulting on this list of exempt undertakings and actions, the Corps shall follow the consultation provisions of stipulation 6 of the PA. The exempt actions and undertakings in such a list shall not go into effect until agreed to, in writing, by the Corps, tribal signatories, SHPOs, and ACHP. The resulting list of exempt undertakings shall be provided to all Affected Tribes and THPOs, SHPOs, ACHP, and other consulting parties…”

The undertaking tracking sheet is posted on the Omaha District Cultural Resources website: http://www.nwo.usace.army.mil/Missions/CivilWorks/CulturalResources/Documents.aspx Cultural resource personnel update this list as they issue information, consultation or determination letters. For information regarding the undertakings processed in 2013, please visit the website referenced above.

EXEMPTION LIST

After several years of consultation an Exemption List was developed, and a final list was accepted at the May 2007, Semi-Annual Consultation Meeting. Currently the Corps documents all undertakings on the Undertaking Tracking List, specifically identifying undertakings excluded from full consultation. A summary detailing the development of the Final Exemption List is included in Appendix A. The Final Exemption List which was modified in May 2008 is posted on the Omaha

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District Cultural Resources website: http://www.nwo.usace.army.mil/Missions/CivilWorks/CulturalResources/Documents.aspx

III. ROUTINE MONITORING

PA Stipulation 13 - Site Monitoring Program A) states; “The Corps shall develop and implement a monitoring program to provide continued oversight of historic properties located on federal land managed by the Corps and to collect information on site conditions and effects or threats to them (including but not limited to, erosion, recreational, agricultural and other encroachment, and looting and vandalism). The Corps shall use this information to plan and implement law enforcement and other preventive or corrective management actions.”

PA Stipulation 13 - Site Monitoring Program B) states; “The Corps shall develop a Monitoring Plan to describe the conduct of the monitoring program. The Plan shall discuss the types and location of sites to be monitored, field methodology of monitoring and conditions recordation (including forms, data dictionary); data storage, retrieval and analysis; schedule; staffing and qualifications; and other details. The Corps shall produce a preliminary draft and then the Corps, Affected Tribes and THPOs, SHPOs, ACHP, and other consulting parties shall work together to develop a draft version of the Monitoring Plan, in accordance with stipulation 6. The Corps, in consultation with the Affected Tribes and THPOs, SHPOs, ACHP, and other consulting parties shall develop a final monitoring plan within 180 days of submission of comments on the draft Monitoring Plan. The Corps shall implement the final monitoring plan according to the schedule in the monitoring plan, CRMPs, and in response to recent information about potential threats to sites.”

Additionally, PA Stipulation 11 - Identification of Historic Properties B) states; “The Corps shall locate sites by global positioning system (GPS), complete site visit forms, and add site information to the Corps cultural resources site GIS system. Additionally, the condition and threats to sites will be recorded through the site-monitoring program and added to the GIS system. All site identification and monitoring information shall be included in next update of the applicable CRMP.”

In 2002, the Corps began baseline cultural resource site monitoring to accomplish the following goals: locate sites utilizing global positioning system (GPS) equipment, update site information forms, and the addition of site information into the Corps Geographic Information System (GIS) database. Baseline monitoring data was collected for each site which indicated the relative level of disturbance and current condition of the site. Based on this information the Corps developed a Draft Cultural Site Monitoring and Enforcement Plan (April 2005) to address the PA Stipulations explained in further detail below.

Routine monitoring is different from baseline monitoring because monitors do not have to meet the professional qualifications listed in 36 CFR Part 61, Appendix A. Routine monitoring was implemented to accomplish the following objectives: build on the Baseline Cultural Site Monitoring data by documenting erosion, encroachment, or looting impacts to identified sites. Routine monitoring consists of a pedestrian inspection of each site to determine the integrity of the site and to record (GPS) information, which is uploaded in to the District Archeological GIS database.

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The purpose of the baseline monitoring and routine monitoring is to record impacts to cultural resources. Cultural resources are subject to several types of impacts that threaten their integrity. The intent of routine monitoring is to identify changes that have occurred since baseline monitoring and to record potential impacts to the site. Impacts result from two major forms of disturbance: natural impacts and human activities.

Natural impacts result from environmental or natural impacts. Wave action is the primary impact to cultural resources in and around lakes, and is created primarily by wind, but also by power boat wakes. These “wind” and “wake” waves do affect particulate solid materials (soils) in the deeper areas of the reservoir, but are most destructive in the shallow, near shore zone. The erosion of sites can occur as a sheet action across the surface of archaeological sites located in any topographic position and strip the topsoil and culture-bearing strata. Along a shoreline that is steep, erosion cuts away the intact vertical portions of the archaeological sites that are situated along it. Undercutting results in slumping of the upper portions of the bank, cutting gradually into the sites, also called “block slumping”.

Human impacts result from human activity. These activities range from such direct impacts as construction and archaeological site vandalism to indirect impacts associated with changes in land use after the impoundment, and increased visitation. There are direct and indirect impacts to cultural resources that result from activities associated with the continuing operation and management of the project area, including construction and maintenance of recreational facilities, road building and maintenance. The collecting of artifacts along the shoreline, especially during the winter draw down period, is a threat to archaeological sites. Plowing, mowing, terracing, grazing, and controlled burning of vegetation are all impacts associated with the continued use of the project area by various landowners. These impacts can affect cultural sites by disturbing their integrity.

The Corps addressed Stipulation 13 and Stipulation 11 by developing the Draft Cultural Site Monitoring and Enforcement Plan, (April 2005). The plan is posted on the Omaha District Cultural Resources website: http://www.nwo.usace.army.mil/Missions/CivilWorks/CulturalResources/ProgrammaticAgreement.aspx.

The plan provides guidance on how to monitor cultural resource sites, list sites that require monitoring, and provides procedures for implementation of an enforcement program. The sites listed in the Draft Monitoring and Enforcement Plan was extracted from the Cultural Resource Management Plans (CRMP) for each lake. The list of sites recommended in each CRMP was developed through consultation.

The intent of the plan was for all signatory parties to cooperatively protect, manage and inventory cultural resource sites located on federal, state and tribal lands. It is important to state that in one monitoring season not all sites listed in a CRMP will be monitored. Approximately thirty two percent (32%) of the 5,000 identified sites listed in the Draft Cultural Site Monitoring and Enforcement Plan are monitored by Corps personnel annually.

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Omaha District personnel implement the Cultural Resources Program goals and objectives. Therefore, all personnel assist in the implementation of the Cultural Resource Program.

Corps archeologists meet the professional qualifications listed in 36 CFR Part 61, Appendix A and oversee the cultural resource activities for each lake. Some of the duties Corps archeologists perform are: monitoring sites listed in the CRMPs, recording GPS information, database research and field inspections for proposed construction and maintenance activities to ensure cultural resource sites are not impacted, monitoring the activities of contractors working on Corps managed lands, reviewing cultural resource inventory reports, assisting with cultural resource criminal investigations and court cases, providing cultural resource site training to project office personnel, managing field recovery efforts when needed, and processing ARPA permit requests. Corps archeologists also assist with the Tribal Monitor Training.

Corps Rangers assist the field archeologists by monitoring cultural resource sites at each lake to ensure that sites are not impacted, reviewing proposed construction and maintenance activities, investigate suspected looting or vandalism and reporting their findings to the appropriate personnel, and educating the public about cultural resource laws and the associated fines and penalties.

The Corps began contracting with Tribal governments that have land adjacent to Corps managed lands to supplement the efforts of project office personnel in 2004. Initially the Corps utilized Bureau of Indian Affairs (BIA) Public Law 93-638 (Indian Self Determination and Education Assistance Act) contract agreements. However, in August 2007 it was determined “the authorities for the Omaha District’s Cultural Resource Program are all general statutes designed to benefit the nation and all of its people. The District’s reasons for monitoring the cultural resources sites and for conducting the TCP surveys are specifically to meet its obligations under these statutes and not to benefit Indians or a particular tribe as a result of its status as a tribe.” Detailed Memorandum “Whether the Omaha District may use an Economic Agreement with the BIA to Sole Source Certain Cultural Resources Activities at the Civil Works Projects.” The Memorandum can be found in the Final Annual Report for Calendar Year 2010.The report is posted on the Omaha District Cultural Resources website: http://www.nwo.usace.army.mil/Missions/CivilWorks/CulturalResources/ProgrammaticAgreement.aspx.

In 2007 the Corps utilized cost reimbursable contracts and grants authorized under Public Law 106- 541 (Water Resource Development Act of 2000), Title VI. In 2009 the grant authority provided under Public Law 106-541 ended. Therefore, all future contracts will be cost reimbursable contracts. To assist tribal contractors, the Corps has provided complimentary cultural resource site monitor training. The training has been designed to explain the Corps monitoring program, contract requirements, the use of global positioning system equipment, the input of data into the District archeological GIS database, fieldwork techniques sufficient to identify cultural resource sites and identification of impacts, and proper development of fieldwork plans.

UPDATING CULTURAL RESOURCE ROUTINE MONITORING PLAN

During the Semi-Annual Consultation Meeting held April 24-25, 2012 the signatories agreed to revising the Cultural Resource Monitoring and Enforcement Plan, to reflect the current monitoring

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activities. The signatories also determined that it would be beneficial to separate the monitoring and enforcement activities. Therefore, the original plan will be revised to reflect current monitoring activities and to remove the enforcement portion of the plan.

During the Semi-Annual Consultation meeting held November 14-15, 2012, the Corps explained that upon examining the original plan to revise it, several concerns about separating the document into two documents were raised. Specifically, to pull out just the cultural resource site monitoring information could cause significant changes to both documents. After discussion signatories agreed to have the Corps begin the process of separating the documents.

The Corps coordinated with Affected Tribes, Tribal Historic Preservation Offices, State Historic Preservation Offices, the Advisory Council for Historic Preservation, and other consulting parties to develop the draft titled, “Omaha District Cultural Resources Site Monitoring Plan,” dated December 2013. On December 4, 2013 a draft plan was provided to PA signatories and non-signatories for a sixty day review and comment period. The plan can also be found on the Omaha District Cultural Resources website: http://cdml6021.contentdm.oclc.org/cdm/ref/collection/pl6021coll11/id/289. Based on the comments received the Corps shall develop a final plan. The Corps anticipates the development of a final plan by end of the 2014 calendar year.

FISCAL YEAR 2013 ROUTINE MONITORING

During the 2013 calendar year Corps personnel monitored cultural resource sites listed in the Draft Cultural Site Monitoring and Enforcement Plan and in Cultural Resource Management Plans. A detailed Monitoring Summary for each lake is provided in Appendix B.

During the 2013 calendar year the Corps awarded a contract to the Crow Creek Sioux Tribe to conduct routine monitoring of sites in Buffalo and Hughes County within the Big Bend Dam/ Lake Sharpe management area. The Corps hosted cultural resource site monitor training at the Big Bend Dam/ Lake Sharpe project office on May 21-23, 2013. Four monitors from Crow Creek Sioux Tribe and Corps personnel participated in the training. The training explained the Corps Cultural Resource Site Monitoring Program, contract requirements, monitor job description, GIS, GPS equipment, collection of information utilizing Corps equipment, identification of cultural resource sites, assessing impacts to sites, and preparation for fieldwork. The contract was completed in September, 2013. A detailed narrative is provided in Appendix C.

During the 2012 calendar year the Corps awarded a contract to the Cheyenne River Sioux Tribe to perform routine monitoring and investigation of sites impacted by the flood event of 2011. The contract was modified for work to be completed during the 2013 calendar year. The contract was completed in November, 2013. A detailed narrative is provided in Appendix C.

In 2010 a contract was awarded to the South Dakota Game, Fish, and Parks for routine cultural resource site monitoring on Title VI lands. Routine monitoring of sites within Title VI lands continued during the 2013 calendar year. A detailed narrative is provided in Appendix D.

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FISCAL YEAR 2014 ROUTINE MONITORING

Corps personnel are planning to continue routine monitoring of cultural resource sites listed in the CRMPs for its managed lands. Subject to available funding the Corps would like to continue their efforts to contract with tribal governments that have land adjacent to Corps management areas, subject to available funding. An example of a Routine Monitoring Contract is provided in Appendix E.

IV. IDENTIFICATION

PA Stipulation 11 - Identification of Historic Properties A) states; “The Corps shall identify historic properties (including historic properties to which an Affected Tribe attaches religious and cultural significance, traditional cultural properties (TCPs), and other types of cultural resources), in compliance with Section 110 of the NHPA and the Corps’ ER and EP 1130-2-540. Additionally, the Corps shall ensure that historic properties are identified prior to making decisions about undertakings, following the review process outlined in stipulation 8.A. Identification methods to be used include (but are not limited to) pedestrian surveys and other field investigations; background and documentary research; oral histories; tribal consultation and consultation with tribal elders; and other means. The Corps shall evaluate whether properties are eligible for the National Register of Historic Places using the eligibility criteria and National Park Service guidance (including Bulletin 38), in consultation with the SHPO and/or THPO with jurisdiction and Affected Tribes that may attach religious and cultural significance.”

The Corps addressed Stipulation 11 by making pedestrian surveys to update existing inventory records a priority. This effort began in 2002 with Baseline Cultural Resource Site Monitoring. The initial project was completed in 2007 and sites are now routinely monitored by Corps and tribal personnel.

Since it was understood baseline monitoring was not a complete Class III Intensive Cultural Resource Inventory (defined as a systematic detailed field inspection to relocate previously identified sites and to identify new sites and their boundaries) the Corps has continued its aggressive efforts to inventory lands within Corps managed lands. Since the inception of the PA approximately 1,805,485 acres of Corps managed lands have been inventoried. A detailed list of completed Class III Cultural Resource Inventories is provided in Appendix F.

FISCAL YEAR 2013 CLASS III CULTURAL RESOURCES INVENTORIES

The 2013 Fiscal Year did not have any Class III Cultural Resources Inventories scheduled.

CLASS III INVENTORIES COMPLETED IN 2013

Garrison Dam / Lake Sakakawea, Class III Cultural Resources Inventory

The 2011 Fiscal Year had a Class III Cultural Resources Inventory scheduled for Mountrail County, North Dakota. The proposed project was explained during the November 18-19, 2010 Semi-Annual Consultation Meeting. The Statement of Work (SOW) was developed in January 2011 and shared in

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the Draft and Final Annual Report Calendar Year, 2010. On June 8, 2011 an announcement was posted on FedBizOpps. On July 27, 2011 a contract was awarded to Labat Environmental, Inc., a Service-Disabled Veteran - Owned Small Business.

Fieldwork began on October 26, 2011 and ended on November 11, 2011, due to inclement weather. Fieldwork resumed April 2012 and was completed in August 2012. The Corps accepted a final report in May 2013.

Fort Peck Dam / Fort Peck Lake, Baseline Monitoring Survey

The 2011 Program had no re-inventory scheduled for Fort Peck Dam/ Fort Peck Lake. However, funding became available so the Corps utilized this to continue its efforts of re-inventorying counties surrounding Fort Peck Lake, which were identified in 2004. The Corps developed a SOW for baseline monitoring survey in Garfield and Petroleum Counties from the water’s edge to high pool elevation at 2, 250 feet above mean sea level (MSL), beginning at Hell Creek Recreation Area and ending at Crooked Creek Recreation Area River Mile 1805. An announcement was posted on FedBizOpps, on May 3, 2011. A contract was awarded to Ethnoscience, Inc., a Small Disadvantaged Business, on June 16, 2011.

Fieldwork work began in August 2012 and was completed in October 2012. The Corps accepted a final report in May 2013.

FISCAL YEAR 2014 CLASS III CULTURAL RESOURCES INVENTORIES

The Corps does not have any Class III Cultural Resource Inventories scheduled. Subject to available funding the Corps would like to continue its efforts of inventorying areas within Corps managed lands. A summary of completed Class III Inventories and Baseline Surveys is provided in Appendix F. An example Statement of Work for a Class III Cultural Resource Inventory is provided in Appendix G.

V. TESTING AND EVALUATIONS/ NATIONAL REGISTER NOMINATION

PA Stipulation 11- Identification of Historic Properties A) states; “The Corps shall evaluate whether properties are eligible for the National Register of Historic Places using the eligibility criteria and National Park Service guidance (including Bulletin 38), in consultation with the SHPO and/or THPO with jurisdiction and Affected Tribes that may attach religious and cultural significance.”

The Corps addressed Stipulation 11 by, awarding testing and evaluation contracts since 2006, which included multiple sites located at Gavins Point Dam/ Lewis and Clark Lake, Fort Randall Dam/ Lake Francis Case, Big Bend Dam/ Lake Sharpe, Oahe Dam/ Lake Oahe, Lake Sakakawea/ Garrison Dam, Fort Peck Dam/ Fort Peck Lake. To date one-hundred- sixteen sites have been tested and evaluated for the National Register Nomination.

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FISCAL YEAR 2013 TESTING & EVALUATION / NATIONAL REGISTER NOMINATION

The Corps did not have any Testing & Evaluation / National Register Nominations scheduled during the 2013 Fiscal Year. However, the Corps received a request from the North Dakota State Historic Preservation Office to perform a HABS / HAER Documentation Level III and National Register Nomination of buildings and structures at Garrison Dam/ Lake Sakakawea.

The purpose of HABS / HAER Documentation Level III was to illustrate the significance of the Garrison Dam Powerhouse, intake structure, spillway structure, switchyard, and administration building. The documentation produced consisted of measured drawing, photographs and written data. The structures were also investigated to determine if the properties met the National Register Criteria for nomination.

A contract was awarded to Cultural Resource Documentation Services in August 2012. Work began in August 2012. The Corps accepted a final report in July 2013.

FISCAL YEAR 2014 TESTING & EVALUTION/NATIONAL REGISTER NOMINATION

The Corps has a Testing & Evaluation/ National Register Nomination of approximately thirty (30) sites within Big Bend / Lake Sharpe scheduled. The Corps would also like to conduct a HABS / HEAR Documentation Level III and National Register Nomination of buildings and structures at Big Bend / Lake Sharpe. Subject to available funding the Corps would like to pursue a contract for the completion of this work. An example Statement of Work for Testing & Evaluation/ National Register Nominations is provided in Appendix H. An example Statement of Work for HABS / HAER Level III Documentation and National Register Nomination is provided in Appendix I.

VI. TRADITIONAL CULTURAL PROPERTY SURVEYS

The Corps addressed Stipulation 11 by, making TCP surveys a priority. This effort began in 2003 with the Corps contracting with tribal governments with land adjacent to Corps managed lands. During the March 16-18, 2011 Five Year Plan Consultation Meeting the Corps received requests from signatories to make Traditional Cultural Property Surveys a priority. Therefore, the Corps contacted Tribes that had not completed surveys with land adjacent to Corps managed lands.

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FISCAL YEAR 2013 TRADITIONAL CULTURAL PROPERTY SURVEYS

The 2013 Fiscal Year did not have any Traditional Cultural Property Survey(s) scheduled. A detailed list of completed TCP surveys is provided in Appendix J.

TRADITIONAL CULTURAL PROPERTY INVENTORY WORK COMPLETED IN 2013

Big Bend Dam / Lake Sharpe, Traditional Cultural Property Survey

The Corps awarded a contract to the Crow Creek Sioux Tribe Historic Preservation Office in September 2011 to perform a Traditional Cultural Property Survey of lands within the exterior boundaries of the Crow Creek Sioux Reservation in Buffalo and Hyde Counties. On February 29, 2012 the contract was modified to include Hughes County.

The work will consist of the following: 1. An exhaustive search of tribal history on the project area to determine the location of potential Traditional Cultural Properties. 2. Fieldwork to identify Traditional Cultural Properties to record GPS information. 3. A comprehensive report detailing the work done, the investigative results and recommendations for the identified properties.

The Crow Creek Sioux Tribe has worked closely with the Omaha District and project office personnel while completing fieldwork. The fieldwork began in June 2012 and was completed in August 2013. The Corps anticipates a draft report to be submitted in February 2014 and a final report in November 2014.

Gavins Point Dam / Lewis and Clark Lake, Traditional Cultural Property Survey

A solicitation was provided to the Omaha Tribe of Nebraska for a Traditional Cultural Property Investigation along the Missouri River Corridor, within the geographical area of Lewis & Clark Lake, South Dakota and Nebraska extending down the Missouri River Corridor to Sioux City Iowa. A contract was awarded on March 26, 2012 and will consist of the following: 1. An exhaustive search of records within the geographical area to determine the location of potential Traditional Cultural Properties. 2. An annotated bibliography of records found to identify the location of potential Traditional Cultural Properties. 3. Summary of Tribal interviews conducted to identify the location of potential Traditional Cultural Properties. 4. A field survey plan to identify and record Traditional Cultural Properties.

The Omaha Tribe of Nebraska submitted a draft project plan on May 5, 2012. The Corps reviewed the draft plan and provided comments. A final plan was accepted on June 6, 2012. The Corps held a meeting with the Omaha Tribe of Nebraska Historic Preservation Officer on June 21, 2012 to discuss contract requirements and deliverable schedule. The Corps held another meeting with the Omaha

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Tribe of Nebraska on November 5, 2012 to discuss the deliverable schedule. The Corps has made several attempts to receive the previously identified deliverables.

FISCAL YEAR 2014 TRADITIONAL CULTURAL PROPERTY SURVEYS

Subject to available funding the Corps would like to continue its efforts of surveying areas within Corps managed lands by pursuing contracts with Tribes that requested the Corps to make TCPs a priority in the Five Year Plan consultation process. An example Statement of Work for a Traditional Cultural Property Survey is provided in Appendix K.

VIII. MITIGATION

PA Stipulation 12 - Measure to Avoid, Minimize, or Mitigate Adverse Effects to Historic Properties states; “Prior to carrying out measures to avoid, minimize, or mitigate adverse effects to a historic property as set forth in the Five-Year Plan and CRMPs, the Corps shall provide a draft Treatment Plan to the Affected Tribes and THPOs, SHPOs, ACHP, and other consulting parties for review and consultation as outlined in stipulation 6. Alternatively, a draft Treatment Plan may be included in a draft CRMP or draft Five-Year Plan and be reviewed as part of those draft documents. The draft Treatment Plans shall describe the historic property and the adverse effects to it, alternatives measures considered, treatment proposed and why it was chosen, details of how treatment will be implemented, schedule and cost of proposed treatment, and how the treatment meets the pertinent standards and guidelines of the Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects, and applicable state and tribal requirements.”

According to the Advisory Council on Historic Preservation; “appropriate treatments for affected archeological sites, or portion of archeological sites, may include active preservation in place for future study or other use, recovery or partial recovery of archeological data, public interpretive display, or any combination of these and other measures.”

The Corps addressed Stipulation 12 by, developing a multi-faceted mitigation approach that includes stabilization and protection / preservation of sites. This effort began in February 2001 with the development of a Stabilization Site Priority List, which identified sites to be stabilized. The Five Year Cultural Resources Program also contains a list of sites to be stabilized. Based on the lists the Corps has made site stabilizations a priority. The 2013 Program had four (4) stabilization projects scheduled, which were shared in the Final Annual report for Calendar Year 2012. A detailed list of completed stabilizations is provided in Appendix L.

FISCAL YEAR 2013 STABILIZATIONS

Fort Randall Dam / Lake Francis Case, Dineheart Village (39LM0033) This site is located in Lyman County, South Dakota. The site is a prehistoric Earthlodge village site. The cultural affiliation is Coalescent. This site was placed on the stabilization priority list in 2004. The

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Corps investigated the feasibility of stabilizing the site and determined the site could be stabilized. Project activities are anticipated to begin in March 2015 and should be completed by the end of the fiscal year.

Fort Randall Dam / Lake Francis Case, Fort Lookout II (39LM0057) This site is located in Lyman County, South Dakota. The site is a multi-component site consisting of a prehistoric and historic component. The site was previously stabilized in 2005. The Corps assessed the site after the 2011 Flood Event and determined that portions of the site needed repair. Project activities are anticipated to begin in February 2014 and should be completed by March 2014.

Fort Randall Dam / Lake Francis Case, No Name (39LM0059) This site is located in Lyman County, South Dakota. The site is north of the Fort Lookout site and contains both prehistoric and historic components. This site was placed on the stabilization priority list in 2004. The Corps investigated the feasibility of stabilizing the site and determined the site could be stabilized. Project activities began in January 2014 and are anticipated to be completed by February 2014.

Big Bend Dam/ Lake Sharpe, Crow Creek (39BF0011) This site is located in Buffalo County, South Dakota. The Crow Creek fortified Earthlodge village site is a National Historic Landmark. It has been stabilized with rip rap on two previous occasions, and flood events have topped the rock levels. The Corps investigated the feasibility of repairing the site and determined the site could be repaired. Project activities are anticipated to begin in January 2014 and should be completed by March 2014.

Big Bend Dam/ Lake Sharpe, Old Fort Thompson Phase One (39BF0013) This site is located in Buffalo County, South Dakota. The site is within the foot print of Old Fort Thompson, Fort Thompson Agency, and Fort Thompson Agency Cemetery. Each component site is a contributing part of the Fort Thompson Archaeological District, listed on the National Register of Historic Places. This site was placed on the stabilization priority list in 2004. The Corps investigated the feasibility of stabilizing the site and determined the site could be stabilized. The Corps decided to break this up into two phases. Project activities are anticipated to begin in March 2014 and should be completed by May 2014.

FISCAL YEAR 2014 STABLIZATIONS

Gavins Point Dam / Lewis & Clark Lake, Terrace Complex (39BO044) This complex is located in Bon Homme County, South Dakota. The cultural affiliation is Late Woodland to Plains Village. The complex is considered eligible for listing on the National Register. The Corps assessed the site after the 2011 Flood Event and determined the shoreline needed to be stabilized. Project activities could begin during the 2014 fiscal year (funding dependent).

Gavins Point Dam / Lewis & Clark Lake, Tabor (39BO0201) This site is located in Bon Homme County, South Dakota. The site is a multi-component site consisting of a prehistoric component. The site was previously stabilized in 2005. The Corps assessed

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the site after the 2011 Flood Event and determined that portions of the site needed repair. Project activities could begin during the 2014 fiscal year (funding dependent).

Big Bend Dam / Lake Sharpe, Old Fort Thompson Phase Two (39BF0013) This site is located in Buffalo County, South Dakota. The site comprises the Old Fort Thompson, Fort Thompson Agency, and Fort Thompson Agency Cemetery. Each component site is a contributing part of the Fort Thompson Archaeological District, listed on the National Register of Historic Places. This site was placed on the stabilization priority list in 2004. The Corps investigated the feasibility of stabilizing the site and determined the site could be stabilized. Project activities could begin during the 2014 fiscal year (funding dependent).

Big Bend Dam / Lake Sharpe, Medicine Crow /Blue Medicine (39BF002 / 0218) This site is located in Buffalo County, South Dakota. The site is within the Fort Thompson Archaeological District. The site is a multi-component site consisting of earth lodge village. The Corps assessed the site after the 2011 Flood Event and determined that portions of the site needed repair. Project activities could begin during the 2014 fiscal year (funding dependent).

Oahe Dam / Lake Oahe, Spring Creek (39HU0174) This site is located in Hughes County, South Dakota. The site is a prehistoric artifact scatter and an undefined occupation site. The cultural affiliation is unknown prehistoric, Extended Coalescent and Post Contact Coalescent. The site was placed on the initial site stabilization list in 2004. The Corps investigated the feasibility of stabilizing the site and determined the site could be stabilized. Project activities could begin during the 2014 fiscal year (funding dependent).

Oahe Dam / Lake Oahe, Le Compte (39CO0145) This site is located in Corson County, South Dakota. The site is a multi-component site consisting of a prehistoric artifact scatter and an historic church cemetery. The prehistoric component of the site is considered an Extended Middle Missouri village site. The historic component of the site associated with the Le Compte family cemetery. The site was placed on the initial site stabilization list in 2004. The Corps investigated the feasibility of stabilizing the site and determined the site could be stabilized. Project activities could begin during the 2014 fiscal year (funding dependent).

Garrison Dam / Lake Sakakawea, St. Andrews/Nishu Point (32ML0763, 32ML01141) This site is located in McLean County, North Dakota. This site was previously stabilized in 2005. The Corps assessed the site after the 2011 Flood Event and determined that portions of the site needed repair. This project has been moved to the 2013 stabilization list (funding dependent). Project activities could begin during the 2014 fiscal year (funding dependent).

IX. PROTECTION / PRESERVATION

Stipulation 12 - Measure to Avoid, Minimize, or Mitigate Adverse Effects to Historic Properties states; “The draft Treatment Plans shall describe the historic property and the adverse effects to it, alternatives measures considered, treatment proposed and why it was chosen, details of how treatment will be implemented, schedule and cost of proposed treatment, and how the treatment meets the

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pertinent standards and guidelines of the Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects, and applicable state and tribal requirements.”

The Corps addressed Stipulation 12 by making protection and preservation a priority. The Corps has completed various projects to preserve historic structures, enhance public education, and updating the Corps District Archeological GIS database. A detailed list of previous protection and preservation activities is provided in Appendix M.

FISCAL YEAR 2013 PROTECTION / PRESERVATION

The 2013 Fiscal Year did not have any Protection/ Preservation activities scheduled.

PROTECTION / PRESERVATION WORK COMPLETED IN 2013

During the April 24-25, 2012 Semi-Annual Consultation Meeting the Corps shared its concerns regarding district wide impacts to Cultural Resource Sites due to the 2011 Flood Event. Therefore, the Corps pursued a contract with the South Dakota Archeological Research Center. On August 28, 2012 a contract was awarded. The work will consist of the following:

1. A comprehensive work plan. 2. Field investigation to relocate previously identified sites to inspect the surface, cutbank and area surrounding the site to identify impacts. 3. Analysis of sufficient intensity to clearly establish the integrity of the sites. 4. Investigative report preparation. 5. Analysis of historical photographs and multi-spectral, satellite imagery to identify temporal changes. 6. Erosion data collection. 7. Remote sensing of fifteen cultural resource sites.

The Assessments will examine sites on lands currently owned by the U.S. Army Corps of Engineers, within Lake Sakakawea, North Dakota; Lake Oahe in North and South Dakota; Lake Sharpe, South Dakota; Lake Francis Case, South Dakota; Lewis & Clark Lake, South Dakota and Nebraska. Fieldwork began in the spring of 2013 and ended in October, due to inclement weather. The Corps anticipates fieldwork to resume in May 2014.

FISCAL YEAR 2014 PROTECTION / PRESERVATION

The 2014 Fiscal Year does not have any Protection/Preservation activities scheduled. Subject to available funding the Corps would like to continue its efforts in Protection/Preservation activities

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within Corps managed lands. Please also refer to proposed HABS / HEAR Level III Documentation explained on page 11. Also refer to an example HABS / Hear Level III Documentation and National Register Nomination contract provided in Appendix I.

X. PROGRAMS & PLANS

PA Stipulation 10 - Five Year Cultural Resources Implementation Plan states; “The Corps, working cooperatively and in consultation with the Affected Tribes and THPOs, SHPOs, ACHP and other consulting parties, shall develop and carry out a plan that outlines how the Corps will conduct its Main Stem System Cultural Resources Program and its various program components individually called for in this PA for the coming five years (hereinafter, Five-Year Plan) and following five year periods thereafter.”

The Omaha District’s Cultural Resource Program’s purpose statement reads; “To be effective stewards of cultural resources located on Federal lands owned and operated by the Omaha District Corps of Engineers, by proactively developing relationships with interested parties, identifying issues, and subsequently resolving those issues to the extent allowed by federal law, executive orders, regulations and related guidance, and budget constraints, and to also provide support to our customers in their needs concerning cultural resource activities and compliance”

The Cultural Resources Program transcends boundaries to effectively implement the purpose statement. Therefore, the program is implemented by all personnel within the Omaha District. The Omaha District annually develops goals and objectives to guide the activities and decision making for the upcoming fiscal year. Once these are set there is a standard against which the organization can measure its success. Meeting these goals and objectives is critical to the District and its ability to reach its vision as “a great engineering force of highly disciplined people working with our partners through disciplined thought and action to deliver innovative and sustainable solutions to the Nation’s engineering.”

The goals and objectives for the Cultural Resources Program are developed and shared during the semi-annual consultation meetings as established under Stipulation 23 - Semi-Annual Consultation Meetings of the PA which states; “The Corps shall host, at a minimum, semi-annual consultation meetings among the affected Tribes, THPOs, SHPOs, ACHP and other consulting parties to discuss the cultural resource program, Annual report, CRMPs and Action Plan status, activity prioritization, budget planning and other budget matters as necessary,... In order to address new budget issues, a review and planning for the budgetary process shall have priority at the April meeting.”

FIVE YEAR PLAN ACTIVITIES

As required by Stipulation 10 of the PA, the Corps shall revise and update the Five Year Plan utilizing the original development, review and consultation procedure. Therefore, the Affected Tribes and THPOs, SHPOs, ACHP, and other consulting parties shall be given a sixty (60) day review and comment period. The Corps shall incorporate the comments received in developing, finalizing, and implementing the Five Year Plan. The Corps began updating the Original 2005 Five Year Plan in May

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2010 utilizing the original development process. A final plan was developed and hardcopies were provided to the entire PA distribution list on March 20, 2012.

The Final 2012 Five Year Plan and the Original 2005 Five Year Plan can be found on the Cultural Resource Program Website. http://www.nwo.usace.army.mil/Missions/CivilWorks/CulturalResources/Documents.aspx

The long term goals assist the Cultural Resources Program in developing program activities for upcoming fiscal years, which are shared during the semi-annual consultation meetings. This process allows Affected Tribes and THPOs, SHPOs, ACHP, and other consulting parties to participate, on a pre-decisional basis in the project budget and goal setting process. The projects chosen for the upcoming fiscal year become short term goals and objectives. The annual report details the goals and objects that had been established for the 2013 Fiscal Year and identifies the proposed goals and objects for the 2014 Fiscal Year.

FISCAL YEAR 2013 FIVE YEAR PLAN ACTIVITIES

The Corps did not have any Five Year Plan activities schedule. However, during the Semi-Annual Consultation Meeting held April 24-25, 2013 the Corps received a request for the plan to be reviewed. Therefore, the Corps held a conference call and web meeting to discuss the plan on July 1, 2013. During the meeting the plan was reviewed and a discussion of moving the public education objective up on the list of priorities.

FISCAL YEAR 2015 FIVE YEAR PLAN ACTIVITIES

The 2015 Fiscal Year does not have any Five Year Plan activities scheduled. The Corps plans to follow the established long term goals in developing program activities for the upcoming fiscal years.

MAIN STEM RESERVOIR CULTURAL RESOURCE MANAGEMENT PLANS

PA Stipulation 9- Main Stem Reservoir Cultural Resource Management Plans states; “The CRMPs will partially fulfill the requirements of the NHPA, this PA, and the requirements of Engineer Regulation 1130-2-540. The CRMPs will provide baseline information about cultural resource sites (including historic properties) at each reservoir and a list of actions to address the goals, objective, and program areas set forth in the Five-Year Plan.”

The Corps addressed Stipulation 9 by completing Cultural Resource Management Plans (CRMPs) for all six Main Stem Lakes. Corps personnel utilize these CRMPs to routinely monitor cultural resource sites and to perform the following activities: review proposed construction and maintenance activities to ensure that sites are not impacted, monitor sites while monitoring threatened and endangered species, report suspected looting or vandalism to appropriate personnel, and educate the public about cultural resource laws. As stated previously the Corps also posts ongoing undertakings and undertaking requests on the Omaha District Cultural Resources website

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Subject to available funding the Corps would like to begin updating the CRMPs for each lake. The Corps would like to update the CRMPs in the following order: 1. Gavins Point Dam / Lewis and Clark Lake 2. Garrison Dam / Lake Sakakawea 3. Big Bend Dam / Lake Sharpe 4. Fort Randall Dam / Lake Francis Case 5. Oahe Dam / Lake Oahe 6. Fort Peck Dam / Fort Peck Lake

FISCAL YEAR 2013 CULTURAL RESOURCE MANAGEMENT PLANS

The Corps did not have any CRMP updates scheduled for the 2013 Fiscal Year. During the Semi- Annual Consultation meeting held April 24-25, 2013, there was a discussion involving the purpose and process of developing the original plans and the potential process of updating the plans in the future.

FISCAL YEAR 2014 CULTURAL RESOURCE MANAGEMENT PLANS

During the 2014 Fiscal Year the Cultural Resource Program will make a comprehensive effort to review and consult on updating the plans.

XI. ENFORCMENT PROGRAM

PA Stipulation 14 – Enforcement Memorandum of Agreement(s) A) states; “The Corps, in cooperation with the local, state, tribal and federal law enforcement officials, shall develop an Enforcement MOA(s) that provides for a cultural resources enforcement program to address looting, vandalism, and other illegal activity involving cultural resource sites, including TCPs, archeological resources, graves, and human remains. Specifically, the Enforcement MOA(s) shall address laws, authorities, potential cross-authorities, delegations and deputization of authorities, fine distribution, field deployment, access, sharing of equipment, public education, information reporting, gathering and exchange, and other issues. The Corps shall provide a draft Enforcement MOA for review to all interested parties, including law enforcement officials and Affected Tribes, THPOs, SHPOs, ACHP, and other consulting parties, within 60 days of the signing of this PA. The Corps shall work with the interested parties to revise the draft Enforcement MOA to address their comments. The Enforcement MOA shall be finalized only after the consultation process has been completed as stated in stipulation 6.”

The Corps has been addressing Stipulation 14 A) since 2002, and has been in support of the development of an Enforcement Memorandum of Agreement. In 2007 the Corps agreed to support the efforts of the Cheyenne River Sioux Tribe in the development of an Enforcement Memorandum of Understanding. A summary of these activities is provided in Appendix M.

PA Stipulation 14 – Hotline B) states; Within 120 days of the signing of this PA, the Corps shall establish and promote a hotline for reporting of looting, vandalism, and other illegal activities and a

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specific protocol for documentation, verification, and tracking of information, for the purpose of prosecution of offenders.

The Corps addressed Stipulation 14- Hotline B) by establishing the toll free looting and artifact collection hotline 1-866-NO-SWIPE. The purpose of the looting and artifact collection hotline is to provide a non-threatening and easy means for the public or others to report and notify the Corps they have observed, known, suspected looting, or suspicious activity. Information received through the hotline is used to investigate, verify, and apprehend any individual or group that is collecting and or removing artifacts from cultural resource sites on Corps managed lands. All reports regarding suspected looting are maintained in a confidential manner to the extent allowed by law.

PA Stipulation 14 - ARPA Training C) states; “Every three years the Corps shall host an ARPA training class for law enforcement, cultural preservation personnel (tribal, state and federal), and others who may be involved in enforcement activities.”

The Corps addresses Stipulation 12 and 14, by sponsoring a three-day Archeological Law Enforcement Class. To assist tribal and state partners the Corps covered the tuition costs of participants. The class consisted of twenty (20) participants from federal, state, and tribal agencies. The class was taught by Archaeological Damage Investigation & Assessment (ADIA). The State of South Dakota Preservation Office provided a training room to assist in these efforts. The class was held at the Cultural Heritage Center on September 18-20, 2012.

Subject to available funding, the Corps would like to host another ARPA training class for law enforcement, cultural preservation personnel (tribal, state, and federal), and others who may be involved in enforcement activities in calendar year 2015.

FISCAL YEAR 2013 ENFORCEMENT PROGRAM

Corps Rangers assist the field archeologist by monitoring activities cultural resource sites listed in the Draft Cultural Site Monitoring and Enforcement Plan and the CRMPs for each lake to ensure that sites are not impacted, reviewing proposed construction and maintenance activities, investigating suspected looting or vandalism and reporting their findings to the appropriate personnel, and educating the public about cultural resource laws and the associated fines and penalties. A detailed summary of cultural resource site monitoring activities for each lake is provided in Appendix B.

FISCAL YEAR 2014 ENFORCEMENT PROGRAM

Corps personnel will continue to monitor cultural resource sites listed in the Draft Cultural Site Monitoring and Enforcement Plan and the CRMPs for each lake, and will continue to investigate and report suspected looting or vandalism, while educating the public about cultural resource laws. The Corps will continue to investigate hotline calls to confirm or deny the existence of illegal activity. If illegal activity is confirmed the information will be provided to law enforcement agencies.

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The Corps will also continue their cooperating support of the efforts of the Cheyenne River Sioux Tribe in the development of an Enforcement Memorandum of Understanding, which was undertaken by the Tribe upon request in 2007. The Corps will also continue coordinating with other tribes regarding their enforcement programs when requested.

XII. EDUCATION PROGRAM

PA Stipulation 15 - Education Program A and B) states; “Engineer Regulation No. 1130-2-540 authorizes the preparation of brochures, slide shows, or other media documentation for public presentation relative to historic preservation activities that may be of particular interest to the Affected Tribes and general public. The Corps shall create public educational displays, media shows, interpretive programs, pamphlets, and brochures to enhance public education concerning cultural resources.”

The Corps addressed Stipulation 15- Education Program by contracting with the Cheyenne River Sioux Tribe in 2005 for the development of a public education program. During the PA Semi-Annual Meeting held on April 18-20, 2006 five sub-themes for public education were developed; Native American Cultural Education, Looting and Vandalism, Corps Mitigation Efforts, Impact of Dams, and Cultural Resource Laws. Based on these sub-themes educational displays and brochures were developed. After numerous comment periods and revisions the prototypes were presented at the PA Semi-Annual Meeting held on November 18-19, 2008. Based on final comments received the brochures and displays were revised and finalized. Cheyenne River Sioux Tribe completed this contract in June 2009.

The Corps distributed the final brochures and posters in August 2009. The draft and final educational displays and brochures are posted on the Omaha District Cultural Resources website. http://www.nwo.usace.army.mil/Missions/CivilWorks/CulturalResources/Documents.aspx.

FISCAL YEAR 2013 EDUCATION PROGRAM

The 2013 Fiscal Year did not have any Education Program activities scheduled. On January 29, 2014 the Corps mailed brochures and pencils to PA signatories and non-signatories.

FISCAL YEAR 2014 EDUCATION PROGRAM

Subject to available funding, the Corps would like to purchase additional finalized educational brochures and posters. Upon request the Corps will continue to provide agencies with the finalized educational brochures and posters. The Corps will also continue to provide press releases to public news sources throughout the Missouri River Main Stem.

XIII. BUDGET

PA Stipulation 24 -Funding and Budget Planning C) states; “Annually, the Corps shall provide the Affected Tribes and THPOs, SHPOs, ACHP, and other consulting parties with a 60-day period to

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review and consult on the Corps’ draft list of proposed projects for budget consideration to ensure that they are consistent with the Five-Year Plan and CRMPs and other considerations. Signatory parties may elect to enact a prioritization system.”

The Corps addresses Stipulation 24 - Funding and Budget Planning by detailing the goals and objectives for the 2013 Fiscal Year in this report. In 2004 the Corps issued a comprehensive list of the most endangered sites on the Missouri River, which estimated 77 million dollars was needed for shoreline stabilization. There is a tremendous disparity between available funds and what is needed to preserve and protect cultural resource sites within the geographical scope of the PA.

The Omaha District has allocated approximately 3 million dollars annually from 2004 through 2012 to support the Cultural Resource Program goals and objectives. The Omaha District was faced with several funding challenges in the 2013 Fiscal Year, which resulted in the allocation of Cultural Resource Program falling below the annual goal of 3 million dollars goal.

FISCAL YEAR 2013 BUDGET

The Corps aggressively pursues all avenues when seeking funding for cultural resource preservation. During the past few years, national, regional and local demands have placed a strain in the District’s Operation and Maintenance budget. Omaha District Commander, Joel Cross sent a letter dated February 15, 2013 explaining the funding challenges and requested our partners assist with identifying alternative funding sources. Additionally, Omaha District Deputy Commander, Mark Martinez attended the Semi-annual Consultation Meeting held April 24-25, 2013 to discuss the budgetary concerns.

During the meeting Lt. Colonel Martinez requested affected Tribes, Tribal Historic Preservation Office, State Historic Preservation Office, Advisory Council on Historic Preservation, and other consulting parties to work with the Corps to find other potential funding sources that would assist in the implementation of the Cultural Resource Program. By working together the Corps hopes that innovative solutions to address the potential shortfall can be developed.

The 2013 Fiscal Year sequestration budget cuts severely impacted the Corps environmental/cultural budgets and forced significant cuts. At one point it appeared there would be only half the commitment available, but the Corps worked diligently to increase the funding. The Corps was able to achieve $ 2.6 million and accomplished significant protection and preservation projects.

FISCAL YEAR 2014 BUDGET

The Cultural Resource Program will continue to pursue Operation and Maintenance funds in the amount of $3 million. However, current projections indicate Operations and Maintenance funding will continue to be constrained.

The Corps requests affected Tribes, Tribal Historic Preservation Offices, State Historic Preservation Offices, Advisory Council on Historic Preservation, and other consulting parties to work with the

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Corps to find other potential funding sources that would assist in the implementation of the Cultural Resource Program. By working together we can develop innovative solutions to address the potential shortfalls.

XIV. ADMINISTRATIVE REQUIREMENTS

In the development process of the PA it was anticipated that over time there would be changes needed to make the document more effective or efficient. Therefore, this section of the Annual Report addresses those anticipated administrative requirements; Stipulation 25- Dispute Resolution, Stipulation 26- Additional Signatories, Stipulation 27- Amendments, Stipulation 28- Withdrawal, and Stipulation 29- Termination of the PA.

1. Stipulation 25 - Dispute Resolution of the PA states; “Should a dispute or objection arise regarding any aspect of this agreement or an undertaking subject to review under this agreement, the Corps shall consult with the disputing or objecting party as soon as possible to try to resolve the objection… If the disputing or objecting party believes that the consultation has failed to resolve the objection or dispute and wishes to pursue the issue, the party shall notify the Corps in writing within 60 days of the initial notification of the dispute. The Corps shall, within 30 days of the receipt of the disputing party notification, submit all relevant documentation pertaining to the dispute or objection with the Corps written proposal for its resolution to the ACHP with a copy to the disputing party.”

During the 2013 calendar and fiscal year the Cultural Resource Program did not receive any disputes or objections regarding any aspect of the PA.

2. Stipulation 26 - Additional Signatories of the PA states; “The Corps will consult with the parties to this PA pursuant to Stipulation 6 regarding parties who wish to be additional signatories. If the Corps approves the request to become an additional signatory, the party must be a state or Federal governmental agency or an affected tribe or THPO, must sign the Additional Signatory Form in Attachment 5 and submit it to the Omaha District, Army Corps of Engineers. In the annual report or sooner, the Corps shall inform the Affected Tribes, THPOs, SHPOs, ACHP and other consulting parties of additional parties who have signed the PA.”

During the 2013 calendar and fiscal years the Cultural Resource Program did not receive any requests to become additional signatories.

3. Stipulation 27 - Amendments of the PA states; “The Corps, Affected Tribe, THPO, ACHP, SHPO, or other consulting party to this PA may request that the PA be amended whereupon the parties will consult in accordance with stipulation 6 to consider such amendment(s). Any proposed amendment must be provided to the consulting parties as part of the agenda materials prior to the semi-annual meeting and must be discussed at that meeting. To implement an amendment, consensus among the

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signatories is required. The amendment must be executed by the signatories and in the same manner as this PA.”

An informal request to amend Attachment 2 of the PA was made in 2011. Since that time the Corps has continued its efforts to consult with signatories and the requesting party regarding the proposed changes requested.

4. Stipulation 28 - Withdraw of the PA states; “Any party to this PA may withdraw from the PA after first providing the other parties written notice that explains the reasons for withdrawal and providing them an opportunity to consult regarding amendment of the PA to prevent withdrawal.”

During the 2013 calendar and fiscal year the Cultural Resource Program did not receive any written notice for withdrawal from the PA.

5. Stipulation 29 - Termination of the PA states; “The Corps, Affected Tribe, THPO, ACHP, and SHPO, or other consulting party who believes that the PA should be terminated shall provide written notification with the reasons for termination to the Corps and other consulting parties at least 60 days prior to a semi-annual consultation meeting. The Corps shall provide this notification in the meeting materials provided to the parties. The parties shall consult to consider an amendment to the PA that would prevent termination. Termination of the PA shall be executed by the consensus of the signatories; or by the ACHP individually; or by a signatory SHPO for its area of jurisdiction; or a signatory Affected Tribe or THPO for its tribal lands within the scope of this PA. In such case, the Corps shall comply with 36 CFR part 800, subpart B, for all undertakings on or affecting lands within the terminating SHPO’s area of jurisdiction or the terminating tribe’s tribal lands. Termination of this PA in part or entirety will require the Corps to comply with 36 CFR part 800, subpart B with respect to each individual undertaking that would be reviewed under this PA.”

During the 2013 calendar and fiscal year the Cultural Resource Program did not receive any written notice to terminate the PA.

XV. SUMMARY

This report, titled “Omaha District Cultural Resource Program Draft Annual Report for Calendar Year 2013,” is the Corps good faith effort to meet the requirements identified in Stipulation 22 of the PA. The annual report was organized to address the topics listed in Attachment 4 of the PA. The report addressed federal undertakings, routine monitoring, identification activities, mitigation, programs and plans, budget, administrative requirements for the 2013 fiscal year and identified the proposed activities for the 2014 fiscal year.

In 2013 the Corps processed undertaking requests and posted them on the Omaha District Cultural Resource website. Currently the Corps documents all undertakings on the undertaking tracking sheet.

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In 2013 the Corps addressed routine monitoring by having field archeologists and designated rangers routinely monitoring cultural resource sites listed in the CRMP for each lake. The Corps received requests from PA signatories and non-signatories to update the 2005 Draft Cultural Resource Site Monitoring and Enforcement Plan. The Corps coordinated with Affected Tribes, Tribal Historic Preservation Offices, State Historic Preservation Offices, the Advisory Council for Historic Preservation, and other consulting parties to develop a draft plan. On December 4, 2013 a draft plan was provided to PA signatories and non-signatories for a sixty day review and comment period. Based on the comments received the Corps shall develop a draft final and final plan. The Corps anticipates the development of a final plan by the end of the 2014 calendar year.

The Corps also awarded a contract to the Crow Creek Sioux Tribe to conduct routine monitoring of sites in Buffalo and Hughes Counties, South Dakota (a detailed summary of activities is provided in Appendix C). A contract awarded in 2011 to the Cheyenne River Sioux Tribe for routine monitoring activities in Dewey and Ziebach Counties, South Dakota (a detailed summary of activities is provided in Appendix C). A contract was awarded to the South Dakota Game, Fish and Parks for routine monitoring of sites within Title VI lands ( a detailed summary of activities is provided in Appendix D).

In 2013 the Corps addressed identification requirements by completing a Class III Cultural Resource Inventory in Mountrail County, North Dakota and a Baseline Monitoring Survey in Garfield and Petroleum Counties, North Dakota. The Corps also completed a HABS/HAER Documentation Level III at the Garrison Dam. The Corps worked cooperatively with the Crow Creek Sioux Tribe during the completion of fieldwork in Buffalo, Hyde, and Hughes Counties, South Dakota. The Corps is anticipating a final report to be completed in 2014. The Corps continued its efforts to cooperatively work with the Omaha Tribe of Nebraska in the completion of fieldwork plan to identify sites along the Missouri River Corridor.

In 2013 the Corps addressed mitigation requirements by planning five stabilization projects. Three sites located at Fort Randall Dam / Lake Francis Case (39LM0033, 39LM0057, 39LM0059), which are anticipated to be completed within the 2014 Calendar Year. Two sites located at Big Bend Dam / Lake Sharpe (39BF0011, 39BF0013), which are anticipated to be completed within the 2014 Calendar Year.

In 2013 the Corps addressed protection requirements by cooperatively working with the South Dakota Archaeological Research Center to examine sites on lands currently owned by the Corps in North Dakota, South Dakota, and Nebraska.

The Corps addressed program and plan requirements by making significant progress in meeting the long term goals and objectives identified in the 2012 Five Year Plan. During the Semi-Annual Consultation Meeting held April 24-25, 2013 the Corps received a request for the plan to be reviewed. Therefore, the Corps held a conference call and web meeting to discuss the plan on July 1, 2013. During the meeting the plan was reviewed and a discussion of moving the public education objective up on the list of priorities.

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In 2013 the Corps did not have updates to CRMPs for each lake scheduled. The Corps addressed enforcement requirements by conducting routine monitoring of cultural resource sites, investigating looting and vandalism reports and educating the general public. The Corps addressed education requirements by providing signatories and non-signatories final cultural resource educational brochures and posters throughout the calendar year.

The Corps aggressively pursued funding for the Cultural Resource Program. Transparency is very important to the Omaha District. Therefore, the district communicated the funding challenges several times during the 2013 fiscal year. The 2013 Fiscal Year sequestration budget cuts severely impacted the Corps environmental/ cultural budgets, which forced significant cuts. However, the Corps was able to achieve $2.6 million and accomplished significant protection and preservation projects.

The Corps will continue to pursue funding in the 2014 Fiscal Year to pursue the activities identified in this report. Current projections indicate Operation and Maintenance funding will continue to be constrained.

The Corps requests affected Tribes, Tribal Historic Preservation Offices, State Historic Preservation Offices, the Advisory Council on Historic Preservation, and other consulting parties to work with the Corps to find other potential funding sources that would assist in the implementation of the Cultural Resource Program.

In 2013 the Corps did not receive any requests to change the administrative requirements. Therefore, the Corps did not receive any dispute resolutions, requests for additional signatories, or requests for amendments. The Corps also did not receive any requests to withdraw or termination of the PA.

26 OMAHA DISTRICT CULTURAL RESOURCES PROGRAM DRAFT ANNUAL REPORT FOR CALENDAR YEAR 2013

27 OMAHA DISTRICT CULTURAL RESOURCES PROGRAM DRAFT ANNUAL REPORT FOR CALENDAR YEAR 2013

28 APPENDIX A SUMMARY OF EXEMPTION LIST ACTIVITIES

APPENDIX A

SUMMARY OF EXEMPTION LIST ACTIVITIES

APPENDIX A SUMMARY OF EXEMPTION LIST ACTIVITIES

Summary of Exemption List Activities Date & Location of Meeting Summary November 15- 17, 2005, PA Semi- Annual Standard Operating Procedure for Federal Consultation Meeting; Pierre, South Undertakings was discussed during the Dakota meeting. Received request for separate meeting to discuss Federal Undertaking Tracking List. January 25, 2006, Undertaking Review Agenda Items: Corps Current Undertaking Meeting; Pierre South Dakota Review Process; Education Program; Example of Exempt Undertakings. June 2, 2006, Tour of Oahe Dam; Pierre Tour of Oahe Dam: Oahe Operations South Dakota Manager and Lake Manager provided tour of dam to explain daily project activities. March 14, 2007, Consultation Letter Letter requesting review and comments regarding the “Draft Operation Project Exemption List.” Comments Requested to be provided by April 16, 2007. May 15-17, 2007, Semi Annual Agenda Items: Undertaking Tracking List; Consultation Meeting; Aberdeen, South Typical Corps Activities List; Exemption Dakota List Distribution Letter; Draft Exemption List. Final Exemption List developed based on comments received from March 14, 2007 request. May 16, 2007, Final Exemption List List of Projects Exempted from consultation. May 16, 2007, Standard Operating Standard Operating Procedure outlined Procedure to be followed to determine Corps process to be followed from potential to affect Updated. identification of potential federal undertaking to acceptance of determination of affect letter concerning the undertaking, to be completed under the terms of the PA. Vote to finalize Exemption List. Exemption list was finalized. November 28-29, 2007, Semi Annual Agenda Items: Undertaking Tracking List; Consultation Meeting ; Rapid City, South Final May 16, 2007 Exemption List. Dakota Corps agreed to continue recording project activities that are exempt from consultation. March 19, 2008, Consultation Letter Corps received comments from the State of March 13, 2008, Exemption List Updated South Dakota Historic Preservation Officer on the approved Exemption List, after taking the comments under consideration the exemption list was revised. All changes

APPENDIX A SUMMARY OF EXEMPTION LIST ACTIVITIES to the document were made using the track changes feature in MS Word. Corps requested review and comments regarding the changes. Comments requested to be provided by May 16, 2008. Date & Location of Meeting Summary May 13-14, 2008, Semi Annual Agenda Items: Exemption List Distribution Consultation Meeting, Livingston Montana Letter; Exemption List Updated March 13, 2008. Note: All referenced materials are available on the Omaha District Cultural Resource website: http:www.nwo.usace.army.mil/Missions/CivilWorks/CulturalResources/ProgrammaticAgreement.aspx

APPENDIX B USACE ANNUAL MONITORING NARRATIVES

APPENDIX B

USACE ANNUAL MONITORING NARRATIVES

APPENDIX B USACE ANNUAL MONITORING NARRATIVES

APPENDIX B USACE ANNUAL MONITORING NARRATIVES The US Army Corps of Engineers, Omaha District has approximately 850,000 acres of land. The Missouri River corridor is approximately 2,315 miles long, which encompasses over 6,000 miles of shoreline. The Programmatic Agreement encompasses federal lands, owned by the Corps beginning at the headwaters of Fort Peck Lake, approximately 3 miles northwest of the Fred Robinson Bridge, Phillips County, Montana to Gavins Point Dam, Yankton County, South Dakota, including but not limited to Fort Peck Lake and Fort Peck Dam; Lake Sakakawea and Garrison Dam; Lake Oahe and Oahe Dam; Lake Sharpe and Big Bend Dam; Lake Francis Case and Fort Randall Dam; and Lewis and Clark Lake and Gavins Point Dam with project lands and related structures, generally known as the Missouri River Main Stem System.

As stated previously the Cultural Resources Program transcends boundaries to effectively implement the program goals. Therefore, all project office personnel assist in the implementation of the Cultural Resource Program. Corps archeologists meet the professional qualifications listed in 36 CFR Part 61, Appendix A and oversee the cultural resource activities for each lake. Some of the duties Corps archeologists perform are: monitor sites listed in the CRMPs, recording GPS information, database research and field inspections for purposed construction and maintenance activities to ensure cultural resource sites are not impacted, monitor the activities of contractors working on Corps managed lands, review cultural resource inventory reports, assist with cultural resource criminal investigations and court cases, provide cultural resource site training to project office personnel, manage field recovery efforts when needed, and process ARPA permit requests.

Corps rangers assist the field archeologists by also monitoring cultural resource sites at each lake to ensure that sites are not impacted, review proposed construction and maintenance activities, investigate suspected looting or vandalism and report their findings to the appropriate personnel, and educate the public about cultural resource laws and the associated fines and penalties.

Throughout the calendar year Corps project office personnel perform routine monitoring activities. The following is a summary of highlights of the Routine Monitoring Season from April 1 through November 30, 2013. It should not be construed that the Corps project offices do not perform these activities throughout the entire year. Throughout the 2012 Calendar Year Rangers monitored sites. The following is a summary of highlights provided by each of the project office.

Gavins Point Dam/ Lewis & Clark Lake Routine Monitoring Summary Report Prepared by District Archeologist, Sandra Barnum Approved by Lake Manager, Gary Ledbetter

During the 2013 field season the Omaha District Archeologist, Staff Archeologist, and project personnel monitored sites identified in the CRMP located along the 90 miles of shoreline. There are 97 recorded sites within this project. The team examined 30 priority sites to assess 2011 Flood Event or other forms of impacts. The archeologists conducted multiple inspections of 15

APPENDIX B USACE ANNUAL MONITORING NARRATIVES sites, not only to identify any impacts, but to perform site testing and feasibility of repairing the sites.

Throughout the 2013 calendar year Rangers routinely monitored sites to ensure sites were not being impacted by looting, encroachment, or vandalism.

Fort Randall Dam/ Lake Francis Case Routine Monitoring Summary Report Prepared by Randall Ranger, Mike Hubert; Field Archeologist, Jennifer Winter Approved by Lake Manager, Cody Wilson

During the 2013 field season Fort Randall project office personnel monitored sites identified in the CRMP located along the 500 miles of shoreline. Field Archeologists examined sites to assess potential damages from the 2011 Flood Event.

In December 2013, project office personnel also monitored known cultural resource sites (cemeteries and previous inadvertent discovery sites) during the annual fall drawdown of Lake Francis Case to identify any impacts. The cemeteries monitored include; Ducharme, Hitchell, Oldham, Scissions, St. Phillips, Sully, and Tucker. The previous inadvertent discovery sites monitored include; Pease Creek, Spring Creek, Varilek, and Wynia. No impacts were identified at any of the sites.

Throughout the 2013 calendar year Rangers routinely monitored sites to ensure sites were not being impacted by looting or vandalism.

Big Bend Dam/ Lake Sharpe Routine Monitoring Summary Prepared by Field Archeologists, Megan Maier and Jennifer Winter Approved by Lake Manager, Jacki Bultsma

During the 2013 calendar year the Corps awarded a contract to the Crow Creek Sioux Tribe, Tribal Historic Preservation Office to conduct routine monitoring of cultural resource sites within the exterior boundaries of the Crow Creek Indian Reservation, in Buffalo and Hughes counties in South Dakota. In addition, the Corps hosted a cultural resource site monitor training at the Big Bend Project Office from May 21-23, 2013. Tribal monitors examined 71 cultural resource sites and used the Trimble GPS to record cutbank erosion as well as any looting or recreational activities, encroachments, and any other damage to these sites. Corps staff then uploaded the data into the Cultural Resources Data Management System.

Throughout the 2013 calendar year, Big Bend Park Rangers also informally monitored cultural resource sites as a part of their routine patrol duties, to ensure that the sites were not being impacted by looting or vandalism.

APPENDIX B USACE ANNUAL MONITORING NARRATIVES The project office field archaeologist also routinely monitored cultural resource sites on an informal basis during field visits and site checks performed as part of the Section 106/PA undertaking review process.

Oahe Dam/ Lake Oahe Routine Monitoring Summary Prepared by Field Archeologist, Megan Maier Approved by Senior Field Archeologist, Richard Harnois; Lake Manager, Phillip Sheffield

The Oahe Project has continued to implement the Cultural Resources Management Plan (CRMP) for Lake Oahe during the 2013 field season. The CRMP covers approximately 2,250 miles of shoreline along Lake Oahe. Three Natural Resources personnel were able to physically monitor 41 out of the 532 sites that have been listed within the CRMP.

Four employees from both the Bismarck and Oahe Project offices have conducted multiple inspections of 25 sites. 18 of which are listed within the Standing Rock Sioux Tribe Mad Bear lawsuit. These 25 sites were checked a total of 327 times throughout the 2013 calendar year.

When employees monitor a site, they physically walk the site to look for potential impacts. Impacts include: vandalism that has occurred by looters, encroachments onto the sites due to farming and/or cattle grazing, and recreational activities such as trails and fire pits. Information on the rates of erosion are also collected and noted during monitoring activities. Employees record impacts and activities on cultural sites with a Trimble GPS unit. This information is then uploaded into the Cultural Resources Data Management System which gives us an overview of activities on a site.

Oahe Project field archaeologists also routinely monitored sites on an informational basis when proposed projects go through the Section 106 process. The field archaeologists also presented at the Archaeological Damage Investigation and Assessment course, held March 18-19, 2013. This course was attended by state conservation officers and taught them the basics of cultural resources along the Missouri River. 2011 Flood follow up damage assessments were also conducted at 15 sites in Campbell, Morton, Burleigh and Emmons counties in North and South Dakota.

Garrison Dam/ Lake Sakakawea Routine Monitoring Summary Prepared by Field Archeologist, David Cain The Garrison Project Field Archeologist, David Cain, conducted routine site-monitoring activities for the Garrison Project on Lake Sakakawea (Project) during the 2013 field season. The cultural resource monitoring season began in May and ended in October. Natural Resource Staff, including the Threatened and Endangered Species (T&E) monitoring crew, assisted in monitoring activities, under the close supervision of Mr. Cain. Cultural resource sites were monitored in Williams, McKenzie, Mountrail, McLean and Mercer counties in central and

APPENDIX B USACE ANNUAL MONITORING NARRATIVES western North Dakota. A Trimble GEOXT sub-meter hand-held GPS unit was used to relocate sites for monitoring and record any disturbances observed during the site visit. Sites were selected for monitoring activities from the “Cultural Resource Management Plan for Lake Sakakawea Project Area” (CRMP). The CRMP lists a total of 1,511 sites and 481 isolated finds, which includes 1,493 archaeological sites and 18 historic architectural sites. Of these, 17 are considered eligible for the National Register of Historic Places (NRHP) and 1,244 sites remain unevaluated against the NHRP criteria. To date, a total of 242 sites have been determined not eligible for the NRHP. Garrison Project Field Archeologist Site Visits As development across the state continues to increase, time available to project personnel for routine monitoring respectively decreases. As a means to optimize monitoring efforts, site visits were also conducted opportunistically. As proposed projects required the on-site attention of the field archeologist, sites were chosen either on the way to or in the area of projects being proposed. Selected sites were visited and assessed for integrity, security, geospatial accuracy, and stability. Sites visited opportunistically during the 2013 field season include: 32ME66, 32ME68, 32ME70, 32ME537, 32ME865, 32ME921, 32ME1005, 32ME2329, 32MEXX470, 32ML58, 32ML70, 32ML186, 32ML194, 32ML 225, 32ML 226, 32ML228, 32ML229, 32ML230, 32ML231, 32ML232, 32ML233, 32ML234, 32ML247, 32ML362, 32ML528, 32ML529, 32ML579, 32ML649, 32ML650, 32ML664, 32ML858, 32ML859, 32ML860, 32ML862, 32ML1145, 32ML1146, 32MN191, 32MN192, 32MN215, 32MN338, 32MN339, 32MN340, 32MZ803, 32WI50, 32WI61, 32WI126 These sites visits are being incorporated into the Omaha District’s Cultural Resource DMS viewer this winter and will be incorporated into our GIS files for use in future monitoring efforts. South Dakota Archaeological Research Center, 2011 Flood Assessment Site Visits In the 2013 field season, the South Dakota Archaeological Research Center (SARC) began work on a contract awarded to assess and quantify affects of the 2011 flood on select sites around Lake Sakakawea. 179 sites were selected and are scheduled to be assessed by the end of the 2014 field season. Of those 179 sites more than half were visited in the 2013 field season. Project Patrols and Public Outreach During the 2013 calendar year, Rangers routinely monitored sites for general disturbance, looting or vandalism, and to site erosion, where applicable. In addition of routine staff monitoring, a specialist was temporarily assigned to the Garrison Project for two weeks for the sole purpose of ARPA enforcement. In summary of these efforts, evidence was observed involving up to three looting/site disturbance incidents during this year’s monitoring season. All occurrences occurred within the Ft. Berthold Reservation. Investigations are on going to ensure enough evidence is available for prosecution. In an effort to minimize impacts to cultural and archeological resources on the Project, signage is posted at all Corps boat ramps and access points, informing the general public of policy prohibiting digging on Corps lands for archeological, historic, cultural or paleontological resources. Additionally, informational brochures regarding cultural,

APPENDIX B USACE ANNUAL MONITORING NARRATIVES historical, and paleontological resources are available to the general public in the Administration Building, camp grounds, and select boat shows. Fort Peck Dam/ Fort Peck Lake Routine Monitoring Summary Prepared by Lake Manager, Darin Mcmurry

During the 2013 monitoring season Project lands were monitored for natural and human impacts with no evidence of looting or vandalism identified. During pre-work meetings with design/construction contractors, PA requirements were discussed to ensure sites listed in the Cultural Resource Management Plan were avoided and the procedures for handling inadvertent discoveries. Operation’s Manager will continue these efforts in the 2013 calendar year to ensure that sites are not impacted. Reviewed requests for land use and location of Real Estate Out Grants for any conflicts with the cultural resource management plan; met with contractors and reviewed work plan for completing Class III inspections. The Class III Survey examined approximately 3,000 acres of Project shoreline. No new sites were identified.

APPENDIX C ANNUAL MONITORING NARRATIVES- TRIBAL CONTRACTOR

APPENDIX C

ANNUAL MONITORING NARRATIVES- TRIBAL CONTRACTOR

APPENDIX C ANNUAL MONITORING NARRATIVES- TRIBAL CONTRACTOR

'f t Date: October 15. 2013 To: Amy McClean, Julie Price USACOE Omaha District Office From: Wanda Wells, CCST THPO, USACOE Monitoring Contract Program Manager Re: USACOE Cultuml Resource Monitoring 2013 Contract#: W9128F-13-P-0025

USACOE FINAL MONITORING REPORT Page# 1

Tribal monitors completed and cnter·ed site conditions on GEO GPS/GJS June 1- July 30, 20 I 2 on 71 sites. The slumping caused by 2011 flooding was very noticeable in areas along the river where high and consistent water pressure occurred. winter months site monitoring should occur where flooding water impact the shoreline, embankments, blutls, adjacent hills and flats, weather and terrain pennissible.

DATE: SITE NUMBER CONDITION, RECOMMENDATION. COMMENTS 6-3-13 Site# 39BF0004 Used as hay land, continue monitoring. 6-3-13 Site# 39BF0051 Inundated swampland, overgrown with cattail and thistle. 6-3-13 Site# 39BF001 1 Did erosion monitor, 2 point generic exposed artifacts, 2 point generic, erosion on drainage. 2 areas have large slumps. 6-3-13 Site # 39BF0023 No impacts, continue monitoring, vegetation covering area. 6-4-13 Site# 39BF0213 No impacts - grass covered. 6-4-13 Site# 39BF0044 Site covered by willows, partial of site in inundated. Should continue monitoring activities. 64-13 Site# 39BF0045 Near old gravel pit, heavy veg. covering, continue monitoring. 6-4-13 Site# 39BF0047 Heavy vegetation & willow growth on site. No impacts Continue monitoring. 6-4-13 Site# 39BF0049 No impact-continue monitoring. 6-5-13 Site# 39BF0003 Good vegetation cover, no impact, continue monitoring. 6-5-13 Site # 39BF0227 Site has excellent vegetation covering site, no impacts. 6-5-13 Site# 39BF0228 Site had large grass fire in 2012, vegetation has re-grown. 6-5-13 Site# 39BF0231 No impacts, good vegetation cover. 6-5-13 Site # 39BFOO I 0 No impacts. 6-10-13 Site# 39BF0010 Grass covered site, no impacts. Site partially on highway. 6-10-13 Site# 39BFOOJO-GJ Grass covered site, no impacts-continue monitoring. 6-10-13 Site # 39BF02 18/002 1 small slump at east end of #2 18-general point, site secure and no major impacts. Did encroachment line on 2 track thru 008. 6-10-13 Site # 39BF0206 No impacts. Continue monitoring. 6-10-13 Site# 39BF0008 Grass covered site, no impacts - continue monitoring. 6-10-13 Site # 39BF0205 Grass covered site, partially mowed by residence owners. t : (Encroachment monitor) I 6-11-13 Site # 39BF0239 Shoreline stable, continue monitoring. j ·.. . 6-11-13 Site # 39BF0238 No impacts, continue monitor. 6-11-13 Site# 39BF0002 No impacts to site, tree belts and 2 track have been established. Irrigation pump. l 6-11-13 Site# 39BF0052 No impact, continue monitoring. 6-11-13 Site # 39BF0034 Good vegetation covering site, no impact continue monitoring. i. 6-12-13 Site # 39BF0059 Caving shoreline on site. Continue monitoring. 6-12-13 Site# 39BF0061 Inundated site. 6-12-13 Site # 39BF0038 Site has established tree belts within it and a 2 track access road. Continue monitoring. Date: October 15, 20 13 To: Amy McClean, Julie Price USACOE Omaha District Office Fl'om: Wanda Wells, CCST THPO, USACOE Monitoring Contract Program Manager Rc: USACOE Cultural Resource Monitoring 2013 Contt·act#: W9128J?-13-J>-0025

USACOE FINAl MONITORING REPORT Page# 2

DATE: __ SITE NUMBER CONDITION, RECOMMENDATIO~ COMMENTS 6-12-13 Site# 39BF0037 Established tree belt on site, north to south. Two track on edge of site. Continue monitoring. 6-12-13 Site # 39BF0036 No impact-continue monitoring. 6-12-13 Site# 39BF0035 Irrigation & electric power lines run thru site along with 2 track that cuts thru site. 6- I 2-13 Site# 39BF0033 Two track thru site, continue monitoring. 6-12-13 Site# 39BF004 I No impacts, continue monitoring. 6-19-13 Site# 39BFOOI3 Shoreline erosion, encroach line on playground, monitor. 6-19-13 Site# 39BF0224 Erosion monitor on shoreline, concrete slab-general point. Encroachment monitor-2track access to pumps. 6-19-13 Site # 39BF0057 No impact, continue monitoring. 6-20-13 Site# 39BF02l9 Site has paved· road thru area, no impact continue monitoring. 6-20-13 Site# 39BF0270 Shoreline erosion, encroachment monitor-access road. General point-slump & depression. Area has high traffic during summer. Continue monitoring. 6-20-13 Site# 39BF0098 Vegetation Covered- No impact, no polygon. 6-20-13 Site# 39BF0097 Vegetation Covered - No impact, no polygon. 6-26-13 Site # 39BF0233 General point on trash pit & 2 mounds-continue monitoring. 7-2-13 Site # 39HU0096 Heavy vegetation covering site. General point-trash pit. Continue monitoring. 7-3-13 Site # 39HU0216 Good vegetation covering on site. Point general on 3 depressions. Shoreline is stable near site. 7-3-13 Site# 39HU0226 No impacts for 2013, still has some minor erosion on shoreline from last year and has not worsened. 7-3-13 Site# 39HU0229 No impacts - continue monitoring. 7-8-13 Site# 39HU0092 No impact, continue monitoring. 7-10-13 Site# 39HU0214 No impacts to site, good cover north end of site is in a cultivated field. General points on depressions. Encroachment line on two track to pumps. Shoreline stable. 7-10-13 Site # 39HU0062 No impacts-good heavy cover. General point - teepee rings. Continue monitoring. 7-10-13 Site# 39HU0061 Heavy vegetation cover on site, no impacts. General point - irrigation pumps. Encroachment line-two track to pumps. 7-1 1-13 Site# 39HU0053 Site is covered by established tree belts. General point - 1 depression, continue monitoring. 7-11-13 Site# 39HU0042 Erosion monitor-caving and slumps on, continue monitoring. 7-16- 13 Site # 39HU0090 Good cover. Point general on old foundation. No impacts. Continue monitoring. 7-16-13 Site# 39HU0091 Two track thru site, continue monitoring. I)ate: October I 5, 20 13 To: Amy McClean, Julie Price USACOE Omaha District Office From: Wanda Wells, CCST THPO, USACOE Monitoring Contract Program Manager Rc: USACOE Cultural Resource Monitoring 20 I 3 Cont•·act#: W9J28.F-J3-P-0025

USACOE FINAL MONITORING REPORT Page#3

DATE: SJTENUMBER CONDITION, RECOMMENDATION, COMMENTS 7-16-13 Site# 39HU0220 Good heavy vegetation and tree belts on site. Shoreline stable. Did encroachment line-pivot track on site, continue monitoring 7-I 6-I 3 Site# 39HU02 I 8 Heavy cover on site, established tree belts. Continue monitoring. 7-16-13 Site# 39HU0217 Two track to irrigation p umps-encroachment monitor pumps General point. Heavy cover on site, continue monitoring. 7-22-13 Site # 39BF0243 Over grown, no impacts - continue monitoring. 7-22-13 Site# 39BF022 I Areas has been disturbed by contractors doing repairs. Continue monitoring. 7-22-13 Site # 39BF020 I Heavy cover on site, no impacts- continue monitoring. 7-23-13 Site# 39BF0094 No impact, continue monitoring. 7-23-13 Site # 39HU02 I I Heavy cover on site-no impacts, continue monitoring. 7-23-I 3 Site# 39HU0075 Heavy cover on site-no impacts, continue monitoring. 7-23-13 Site # 39HU0084 Established tree belt on site, did erosion line Continue monitoring. 7-23-13 Site# 39HU0083 Tower on site(39HU0083), 7-23-13 Site# 39HU0231 Camping pads & established roads on (39HU00231). An area being used for garbage. 7-23-13 Site# 39HU0212 Most of site is on private land (crops) COE ground has crops planted on site. Continue monitoring. 7-24-13 Site # 39HU0087 No impacts, continue monitoring. 7-24-13 Site# 39HU0093 No impacts, continue monitoring 7-24-13 Site# 39HU0089 Continue monitoring. 7-24-13 Site# 39HU0088 Continue monitoring. 7-26-13 Site # 39HU0221 Shoreline erosion, caving and cattle trails. Continue monitoring. 2013 ARCHAEOLOGICAL SITE MONITORING SESSION CONTRACT W9128F-12-P-0051 CULTURAL RESOURCES SITE MONITORING FOR SPECIFIED CORPS OF ENGINEERS LANDS WITHIN THE EXTERIOR BOUNDARY OF CHEYENNE RIVER INDIAN RESERVATION IN DEWEY AND ZIEBACH COUNTIES ANNUAL REPORT NOVEMBER 26, 2013

Prepared by

Dawnita Knight CRST Tribal Archaeologist

U.S. Army Corps of Engineers® TABLE OF CONTENTS

STATEMENT FROM CHEYENNE RIVER SIOUX TRIBAL CHAIRMAN, KEVIN KECKLER ...... l

CULTURAL PROGRAMS ADMINISTRATOR/PROGRAM MANAGER: DONNA RAE PETERSEN LETIER OF SUBMITIAL TO THE UNITED STATES ARMY CORPS OF ENGINEERS/OMAHA DISTRICT (USACE) ...... 2

CONTRACT W9128F- 12-P-0051 CULTURAL RESOURCES SITE MONITORING FOR SPECIFIED CORPS OF ENGINEERS LANDS WITHIN THE EXTERIOR BOUNDARY OF CHEYENNE RIVER INDIAN RESERVATION IN DEWEY AND ZIEBACH COUNTIES, 2013 ANNUAL REPORT ...... 3- 4

2013 ARCHAEOLOGICAL SITES MONITORED, DEWEY AND ZIEBACH COUNTY AREA MAPS ...... S

FINDINGS FOR SITE CONDITION ASSESSMENT ...... 6

APPENDIX 1: UPDATED SITE FORMS AND ACCORDING PHOTOS...... 7

APPENDIX 2: PHOTO LOG ...... 8 Photo Log Field Notes

APPENDIX 3: FIELD NOTEBOOK NOTES ...... 9

• Dawnita Knight • Tony Iron Li ghtning • Randall Knife • Rory Brown Wolf

APPENDIX 4: GLOBAL POSITIONING SYSTEM {GPS) SITE DATA ...... lO

• Area Generic Data ...... (l- 24) • Erosion Monitor Data ...... (l-196) • Line Generic Data ...... (l - 81) • Point Generic Data...... (l- 3) • Site Location Data ...... (l - 3) • Site Update Data ...... (l- 8) CONTRACT W9128F-12-P-0051 CULTURAL RESOURCES SITE MONITORING FOR SPECIFIED CORPS OF ENGINEERS LANDS WITHIN THE EXTERIOR BOUNDARY OF CHEYENNE RIVER INDIAN RESERVATION IN DEWEY AND ZIEBACH COUNTIES

2013 FINAL REPORT

The primary purpose of this report is to document the 2013 Archaeological Site

Monitoring Session. A total of 46 archaeological sites were assessed and submitted for flood impact earlier in the calendar year {June, 2013). This report includes an additional 52 site update reports bringing the year-end total to 98 cultural resource sites monitored for the year

2013.

The area of Pedestrian Survey assessment and evaluation spans approximately 700 miles of shoreline, bordering the north eastern, east, and south side of the Cheyenne River

Sioux Reservation on Lake Oahe. The monitored cultural resource sites assessed are herein presented and identified as impacted shown in the following 52 individual site condition assessments. Provided in Appendices of this Report are: 1) Updated Site Forms and according photos; 2) Photo Log and according photo log field notes; NOTE: Photos from sites

39DW0228 and 39DW0229 taken on September 25 were lost. Both "required" sites are completely inundated. Also all photos taken on October 1 were deleted, to include sites:

39DWIF0277, 39DWIF0278, 39DWIF0279 {all Isolated Find Sites), and 39DW0226, A, B, C; 3)

Copies of all field notes from 4 Cultural Preservation personnel; 4) GIS/GPS Site Data.

3 METHODOLOGY

A total of 52 archaeological sites were monitored for condition assessment. Each site was monitored by a Pedestrian Survey. Individual site data was recorded using GPS equipment {Geo Trimble 2008 Series), digital photographs, site update forms, and field

notes.

Conducting fieldwork for the 2013 Cultural Resource Monitoring Session was: Dawn ita

Knight- CRST Archaeologist, Randall Knife- CRST Para- Professional Cultural Resources

Survey/Monitor, Tony Iron Lightning- CRST Para Professional Cultural Resources

Survey/Monitor and Rory Brown Wolf- Cultural Resources Field Technician. Highly

instrumental and technically supportive in the articulation, composition and compilation of this report are many other Cultural Preservation staff who served to bring about this very

important Final Report of the 2013 Cultural Resource Monitoring Session; CRST Cultural

Preservation Program Administrator- Donna Rae Petersen, Connie Corwitt- Tribal Archivist,

Richard Lofton- Cultural Preservation Technician, and Dana Schlecht - Data Technician.

The 2013 Monitoring Session is now complete, and this report provides the

USACOE with a clear indication of which sites need attention. Please refer to the

Programmatic Agreement- Stipulation 10, to expedite those sites most endangered to a status of funding and mitigation. As cultural preservation is a cooperative goal between entities we look forward to continuing our efforts through monitoring, data collection, and overseeing the safety of our limited cultural resources.

4 FINDINGS FOR SITE CONDITION ASSESSMENT

6 TABLE 1. CRST CPO SITES MONITORED FOR 2013 SESSION

Site Number/Name Recommendations

39DW0007 Continue monitoring, although inundated this site is unstable from channel cutting

39DW0052 Reassess monitoring

39DW0059 SITE INTEGRITY THREATENED. NEEDS IMMEDIATE BANK STABILIZATION.

39DW0081A Continue monitoring. Encroachment from 2-track.

39DW0083 Continue monitoring. Site is stable.

39DW0086 Cemetery Massive slumping. Requesting assistance from BIA.

39DW0112 Promise Gullying and channel cutting are threatening site integrity. This site is eligible for nomination to the National Register of Historic Places. Continue monitoring.

39DW0116 Bridge Reassess monitoring.

39DW0117 Hist Hmestd SITE INTEGRITY IS THREATENED. NEEDS IMMEDIATE BANK STABILIZATION.

39DW0119 Continue monitoring. Site is unstable from shoreline erosion.

39DW0142 Cairn Continue monitoring. Site is intact and stable.

39DW0143 EL Village This site should be designated an Arikara TCP . Continue monitoring.

39DW0144 Stone Circle Continue monitoring. Site is stable, other than encroachment from cattle.

39DW0145 Cairn Continue monitoring. Site is stable. GPS coordinates for site boundaries should be extended to the south to include another rock cairn. 39DW0174 Site has suffered significant increase in gu llying due to site locale and torrential rains. Site integrity threatened.

39DW0175 Church Continue monitoring. Cut bank is "chunking" off. Site is unstable due to shoreline erosion.

39DW0225 EL Village 0% visibility. Continue monitoring. Encroachment from agriculture.

39DW0225A Continue monitoring. Encroachment from agriculture. Pottery sherds found on site surface.

39DW0225B Continue monitoring. Increase in bank loss.

39DW0226 EL Village Continue monitoring. Encroachment from agriculture.

39DW0226A Continue monitoring. Encroachment from agriculture.

39DW0226B Sloughing, channeling and bank loss continue here at an alarming rate. Needs bank stabilization.

39DW0226C Continue monitoring. Too dangerous to get erosion GPS information.

39DW0227 Inundated. Reassess monitoring.

39DW0228 Many gullies cutting into newly exposed beach. Unstable from shoreline erosion. Continue monitoring.

39DW0229 Site is unstable due to shoreline erosion. Increase in bank loss. Continue monitoring.

39DW0230 Fox Island Largely inundated. No site evidence found. Continue monitoring.

39DW0231 Inundated.

39DW0232 Low lake level has exposed several artifacts. Continue monitoring.

39DW0233 Swiftbird ADDITIONAL RIP RAP BETWEEN THIS SITE AND THE MOLSTAD VILLAGE {39DW0234) SITE IS RECOMMENDED AS A HIGH PRIORITY. Site is unstable from shoreline erosion. Continue monitoring.

39DW0234 Molstad NEEDS ADDITIONAL RIP RAP ON NORTH SIDE . Hard rains have caused huge increase in channeling off cut bank. Continue monitoring. 39DW0235 Cut bank is caving off in big chunks. Needs bank stabilization. Continue monitoring.

39DW0236 Site is unstable from agricultural encroachment and shoreline erosion. Continue monitoring.

39DW0237 Inundated.

39DW0238 Inundated.

39DW0240 Grover Hand SITE INTEGRITY IS THREATENED. NEEDS IMMEDIATE BANK STABILIZATION EFFORTS. Torrential rains have caused channeling and gullying on three sides of this burial mound site.

39DW0242 Stelzer Site is unstable due to shoreline erosion. Site integrity is threatened.

39DW0252 Low Lake Oahe level has exposed features and artifacts of this site. Continue monitoring.

39DW0253 Continue monitoring. Site is unstable from shoreline erosion transecting site.

39DW0255 Cairn Site is stable. Continue monitoring.

39DW0256 Mound Evidence of site not found. Reassess monitoring.

39DW0269 Inundated.

39DW0270 Increase in bank loss. Continue monitoring.

39DWIF0277 Isolated find. Continue monitoring.

39DWIF0278 Isolated find. Continue monitoring.

39DWIF0279 Isolated find. Continue monitoring.

39DW0289 Continue monitoring. Site is unstable due to shoreline erosion.

39DW0302 Continue monitoring. Cut bank is uchunking" off.

39DW0316 Site is stable. Continue monitoring.

39DW0323 Cairn Site has suffered adverse effects due to site location (slope). Continue monitoring.

39DW0324 Continue monitoring.

39DWXXOOOS Cheyenne Agency} inundated. Continue monitoring.

APPENDIX D ANNUAL MONITORING NARRATIVE- SOUTH DAKOTA GAME, FISH, AND PARKS

APPENDIX D

ANNUAL MONITORING NARRATIVE- SOUTH DAKOTA GAME, FISH, AND PARKS CONTRACT W9128F-10-P-0092

APPENDIX D ANNUAL MONITORING NARRATIVE- SOUTH DAKOTA GAME, FISH, AND PARKS

South Dakota Game, Fish, and Parks and South Dakota Archaeological Research Center (ARC) 2012-2013 Monitoring Fieldwork Summary, US Army Corps of Engineers Contract Number W9128F-10-P-0092

Prepared for United States Army Corps of Engineers

Prepared by South Dakota Department of Game, Fish, and Parks and

South Dakota State Historical Society, Archaeological Research Center

January 15, 2014

South Dakota Game, Fish, and Parks and South Dakota Archaeological Research Center (ARC) 2012-2013 Mitigation Fieldwork Summary, US Army Corps of Engineers Contract Number W9128F-10-P-0092

Prepared for United States Army Corps of Engineers Omaha District CENWO-PM-HA Omaha, NE 68102-4901

Prepared by South Dakota Department of Game, Fish, and Parks Foss Building 523 East Capitol Avenue Pierre, SD 57501 and

South Dakota State Historical Society Archaeological Research Center 2425 East Saint Charles Street Rapid City, SD 57701

Table of Contents Page # Monitoring Fieldwork Summary……………………………………………………… 1

Monitoring Fieldwork Summary Cultural resource site monitoring was performed under the guidance/provisions of Contract Number W9128F-10-P-0092, Statement of Work for Development of Cultural Resource Site Monitoring and Enforcement Program for Title VI Lands in South Dakota, Article I, Task Five: Cultural Resource Site Monitoring. Personnel from the ARC conducted archaeological site monitoring at a total of 14 cultural resources sites. Matthew Busch and Eduardo Vega conducted site visits between May 13 and November 14, 2013. Crews visited cultural resource sites 39CH54, 39CH55, 39CH245, 39CH265, 39GR113, 39HU317, 39HU318, 39HU351, 39HU352, 39WW22, 39WW27, 39WW216, 39WW222, and 39WW223. Additional cultural resource visitation qualifying as archaeological site monitoring was completed through the concurrent USACE site mitigation assessment (Contract Number W9128F-10-P-0093) and the USACE 2011 Missouri River Flood Damage Assessment project (Contract Number W9128F-12-C-0087). A total of 18 cultural resources were visited for mitigation assessment during the 2012 and 2013 field seasons. Further information pertaining to the mitigation site visits is available through the mitigation contract fieldwork summary produced by the ARC on December 4, 2013, and the forthcoming mitigation treatment plan. A total of 12 cultural resources were visited by Matthew Busch and Eduardo Vega for the flood assessment project during the period of May 13 to May16, 2013. These sites located on Farm Island within the boundaries of the Farm Island Recreation Area include: 39HU311, 39HU316, 39HU319, 39HU320, 39HU321, 39HU322, 39HU323, 39HU324, 39HU325, 39HU326, 39HU330, and 39HU331. This project is currently on-going and data from this investigation will be forthcoming. Archaeological monitoring to identify and record ongoing changes at the various site locations was performed through pedestrian survey using meandering transects at 30 meter or less intervals. All pertinent data was recorded with a hand-held GPS unit and documented on an ARC Site Visit Record form. The field notes and/or paper records/forms were digitally scanned upon the completion of field work. Site assessment also includes photographic documentation which is cataloged under ARC Multi-media Accession # 1217, 1218, 1314, 1315, 1317, and 1318.

APPENDIX E ROUTINE MONITORING CONTRACT EXAMPLE

APPENDIX E

ROUTINE MONITORING CONTRACT EXAMPLE

APPENDIX E ROUTINE MONITORING CONTRACT EXAMPLE

PERFORMANCE WORK STATEMENT

CULTURAL RESOURCES SITE MONITORING FOR SPECIFIED CORPS OF ENGINEERS LANDS WITHIN THE EXTERIOR BOUNDARY OF (Insert Area)

Date of Solicitation GENERAL: This is a non-personnel service contract to provide cultural resource site monitoring of lands currently owned by the U.S. Army Corps of Engineers that are within the exterior boundaries (Insert Reservation). Cultural resources are defined as any site, building, district, structure, object, data, or material significant in history, architecture, archeology, or culture. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the Cultural Resources Site Monitoring as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract. 1.2 Background: The purpose of this work is to meet the Department of the Army's Federal preservation legislation and associated implementing regulations. The most pertinent for this investigation are the following: Public Law 74-292, Historic Sites Act of 1935, as amended; Public Law 89-665, National Historic Preservation Act of 1966 as amended; Public Law 91-190, National Environmental Policy Act of 1969 as amended; Public Law 95-341, American Indian Religious Freedom Act; implementing regulations 36 CFR Parts 60 and 61 Appendix A; and 36 CFR Part 800; This Scope of Work (SOW) is for the monitoring of cultural resource sites listed in the Cultural Resources Management Plan (CRMP), for identified sites in (Insert Lake). A CRMP was produced for (Insert Lake CRMP Information), which provides guidance for the consideration of historic preservation in Civil Works planning studies, and Engineering Pamphlet 1130-2-540, section 6-8(f). The CRMP is designed to provide a set of standard procedures for dealing with cultural resources including prehistoric and historic archaeological sites, traditional Native American resources (e.g., sacred sites, gathering places), and historic military sites. In the CRMP there are sites designated for monitoring on a semi- annual and annual basis. The purpose of this SOW is to identify tasks and schedule to complete monitoring of these designated sites located within the exterior boundaries (Insert Reservation). 1.3 Objectives: For the purposes of this contract, cultural resources are defined as prehistoric and historic archeological sites. Cultural resources are defined as any site, building, district, structure, object, data, or material significant in history, architecture, archeology, or culture. The work will consist of the following: • Monitoring will be completed by an individual employed by the (Insert Tribe) in coordination with (Insert Project Office). • Monitoring will consist of a pedestrian inspection of each site. Sites will be inspected for exposed human remains, evidence of vandalism or unauthorized collection, encroachment (agricultural, recreation, other), and evidence of new or progressive erosion/bank collapse. • Electronic logs, through use of a GeoXT Trimble (GPS) equipment will be input into the AV- CR database by the monitor on a weekly basis. The upload of the GeoXT must be done every Friday at 9:00 am central standard time at (Insert Project Office).

APPENDIX E ROUTINE MONITORING CONTRACT EXAMPLE

1.4 Scope: The work to be accomplished by the Contractor shall consist of monitoring cultural resource sites owned by the U.S. Army Corps of Engineers that are within the exterior boundaries of (Insert Reservation). Under this site monitoring project, the contractor shall complete site monitoring of cultural resource sites of the listed sites, to record existing natural and human impacts to the sites, utilizing Global Positioning System equipment. All of the sites to be monitored are on land under the jurisdiction of the U.S. Army Corps of Engineers, Omaha District (Corps). Sites could contain human remains that are vulnerable to exposure by continuing or intermittent shoreline or bank erosion. If human remains are discovered monitors must immediately call the Emergency Messaging Center at 1-888-761-2722. Critical sites for monitoring are listed in the Monitoring and Enforcement Plan developed under the provisions of the Programmatic Agreement for the Operation and Management of the Missouri River Main Stem System for Compliance with the National Historic Preservation Act as amended. Procedures included in the Monitoring and Enforcement Plan shall be followed. The work shall be conducted in a professional manner. The following key personnel shall be identified before contract award. Program Manager shall be designated that will be assigned to this contract. This person will be the single point of contact for coordination with USACE. The Program Manager will be responsible for the overall management of the contract including, costs, schedule, and technical quality. The Program Manager shall take immediate corrective action when performance is not acceptable. After contract award, USACE Contracting Officer, shall approve replacement of any key personnel after verifying that they meet or exceed the requirements of the solicitation. Failure to make an acceptable replacement could result in cancelation of the contract. The Contractor shall furnish all labor, materials, equipment, and supplies necessary to complete the work requirements detailed below, within the schedule provided. The Contractor shall control all operations during the performance of the work to ensure that the completed work will meet all the requirements of the contract. All contract employees and subcontractors will conduct themselves in a proper manner at all times. The Contractor shall work in close coordination with identified Corps personnel during all phases of the project.

1.4.1 Specific Nature of Monitoring Assistance: • The Cultural Resource sites identified in the (CRMP for Lake) only the sites identified in the plan will be monitored. Each site will be visited once during the contract period. • It is permissible to increase the frequency of visits to sites that are being actively looted/damaged. This shall be coordinated with the Cultural Resource Project Manager. • The reporting period will be one year from the award of this scope of services.

1.4.2 Means of Monitoring: • It is recommended that monitoring be done by at least a two-person team. The approach shall be coordinated with the applicable Corps Operation Manager or their designated representative. • Access to sites will be via public access roads and waterways. Monitors will not trespass to access sites. Remote sites may be accessed by foot, boat, jet-ski or all terrain vehicle, if permitted. • All Corps and (Insert Tribe) safety procedures shall be followed. • A GeoXT Trimble 2008 series (GPS unit) shall be used to locate and document site location and impacts to the site. The Corps shall loan a unit to the (Insert Tribe Historic Preservation Office) if the designated office does not have this equipment. Therefore, the office must agree to the terms and conditions of use listed in DA Form 4881 Agreement for the Loan of US Army Material.

1.4.3 Monitor Job Description: • Monitor will be employed through the (Insert Tribe, Historic Preservation Office) and will be

APPENDIX E ROUTINE MONITORING CONTRACT EXAMPLE

managed under a designated Program Manager. Monitors will be required to perform geospatial tasks in the office and in the field. Responsible for determining the integrity of cultural resource sites. Responsible for recording site conditions utilizing a GeoXT Trimble unit. Responsible for bringing the unit to (Insert Project Office) every Friday at 9:00 am Central Standard Time. The GeoXT Trimble Unit will not record site information after the seventh day. Therefore, it needs to be updated every seven days. Any site visited by monitors that are not recorded utilizing the GeoXT Trimble will not be reimbursed. This work is to be performed in both an office setting and outdoor setting. May require long periods in automobiles or boats and are exposed to extreme weather conditions, fast moving water or other potentially dangerous working conditions. The work environment also involves risks such as insects and snakes. The work also requires some regular physical exertion such as bending and walking over uneven surfaces for long periods of time through thick vegetation. • Monitors are prohibited from confronting vandals and/or looters. Monitors may encounter individuals actively collecting and/or vandalizing sites. Monitors are prohibited from placing themselves in jeopardy. Monitors should safely gather evidence as the identity of the individuals engaged, in unauthorized collecting or vandalism. Information shall be reported immediately to 1- 866-No- Swipe (1-866-667-9473).

1.5 Period of Performance: The period of performance shall be one year. The deliverable and performance schedule reads as follows:

1.5.1 Cultural Resource Monitoring Fieldwork Plan. Thirty (30) days after contractor receives letter to proceed the Contractor shall submit a draft Fieldwork Plan for review and acceptance by the Corps. No fieldwork may begin until plan is finalized and accepted. The work plan shall identify monitors and a detailed work plan the Contractor shall follow for monitoring the identified sites. The plan shall include a weekly list of sites the monitors will visit, provide information on accessing the sites, and identify the personnel who will bring the GeoXT Unit to the Project Office, every Friday at 9:00 am central standard time. The Government shall have a maximum of ten (10) calendar days to review and comment on the draft plan. Comments shall be provided to the Contractor for incorporation into the final plan. The Contractor shall have a maximum of ten (10) calendar days to revise work plan and submit final plan. The draft and final plan shall be provided in electronic (pdf format) to the Corps Project Manager. 1.5.2 Monitoring Data. Monitor shall record impacts to cultural resource sites utilizing a GeoXT Trimble 2008 series GPS unit. Information recorded on the GeoXT Trimble Unit shall be downloaded into the Omaha District Archeological Database every Friday at 9:00 am central standard time. The download must take place before the date stamp expires. If the date stamp expires the unit will not record additional information. Invoices shall be submitted to the Corps that reflects accurate site information uploads into the Archeological Database. 1.5.3 Final Monitoring Report. Upon completion of fieldwork the Contractor shall prepare a summary report detailing the activities that occurred during the monitoring season and any monitoring recommendations. This report shall be a subset of the Cultural Resource Program Annual Report, required under stipulation 22 of the Programmatic Agreement. The information in this report will be used to reorder the priority list for site protection and refine the monitoring program as needed. The report shall not exceed ten (10) pages in length and shall be written in a clear concise manner. The Contractor shall submit a hardcopy and an electronic (pdf format) to the Omaha District Office at the following address: U.S. Army Corps of Engineers, Omaha District ATTN: CENWO- PM-AB (Price) 1616 Capitol Avenue, Omaha, Nebraska 68102-4901 1.5.4 Method of Payment. Method of Payment/Contract Completion. The Cultural Resource Site Monitoring will be conducted under the terms of a fixed-price purchase order. All costs associated with site monitoring, including travel and estimated number of days on site, transportation lodging,

APPENDIX E ROUTINE MONITORING CONTRACT EXAMPLE

meals, labor and professional costs overhead and profit and the preparation and production of all draft and final reports shall be included in the cost proposal. Payment for services rendered will be made as follows: Twenty- five percent (25%) of the Contract amount is payable upon acceptance of the Final Work Plan. Ten percent (10%) of Contract is payable upon monitors completing GeoXT Trimble Unit Training. Five percent (5%) of Contract is payable upon acceptance of Final Monitoring Report. Remaining sixty percent (60%) of contract is payable per site information recorded on the GeoXT Unit and uploaded into the Omaha District Archeological Database.

1.6 General Information: The Contractor is expected to pursue the study in a professional manner to meet the target dates. Neither the Contractor nor his representatives will release or publish any sketch, photograph, report, or other material of any nature obtained or prepared under this contract without specific written approval of the Contracting Officer's Representative. The Government may, at any reasonable time, inspect the progress of the work. Such inspection, however, shall not be performed in such a way as to unduly affect the progress of the work. Final acceptance of the work will be made upon successful completion of the work required under the contract. 1.6.1 Quality Control: The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this Performance Work Statement. The contractor shall develop and implement procedures to identify, prevent, and ensure non- recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. The QCP shall be included in the Work Plan, which will be submitted fifteen (15) calendar days after the Contractor has received the notice to proceed. 1.6.2 Quality Assurance: N/A 1.6.3 General Safety Requirements: The Service Contract General Provisions Section 41, Service Contract Act of 1965, as amended, subparagraph (g) requires the contractor not to permit work under this contract in unsanitary or dangerous locations. Proper health and safety standards (29 CFR 1925) are to be followed for the duration of the contract. 1.6.4 Recognized Holidays: The Contractor shall develop their work schedule based on the services listed in the Scope. 1.6.5 Hours of Operation: N/A 1.6.6 Place of Performance: The work to be performed under this contractor will be performed at contractor facility and study area lands presently owned by the U.S. Army Corps of Engineers that are within the exterior boundaries of the (Insert Indian Reservation), in (Insert Lake, Counties,). 1.6.7 Type of Contract: The Government will award a fixed price contract. 1.6.8 Security Requirements: Contractor personnel performing work under this Contract must sign a Sensitive Information Agreement, because the Contractor must be given access to all pertinent cultural resource data and maps. This data is of an extremely sensitive nature and subject to protection under the following laws: the National Historic Preservation Act of 1966, as Amended, section 9 of the Archeological Resource Protection Act of 1979, Freedom of Information Act, as Amended and Stipulation 17, B of the Programmatic Agreement for the Operation and Management of the Missouri River Main Stem System for Compliance with NHPA. 1.6.9 Physical Security: The Contractor shall be responsible for safeguarding all government equipment (GeoXT Trimble Unit, 2008 series), information and property provided for Contractor use. 1.6.10 Special Qualifications: Contractor is responsible for ensuring that employees receive GeoXT Trimble Unit Training. 1.6.11 Post Award Conference/ Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet

APPENDIX E ROUTINE MONITORING CONTRACT EXAMPLE

periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government. 1.6.12 Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order. 1.6.13 Key Personnel: The following personnel are considered key personnel by the government: Project/Program Manager. Key personnel shall be identified before contract award. The Contractor shall provide a contract manager who shall be responsible for the performance of this work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 8:00 a.m to 4:30 p.m., Monday thru Friday except Federal holidays. 1.6.14 Identification of Contract Employees: N/A 1.6.15 Contractor Travel: The Contractor may have to travel during cultural resource site monitoring, The travel schedule shall be determined by the Contractor and identified in the Work Plan. 1.6.16 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights. 1.6.17 Release of Information: Neither the Contractor nor his representatives will release or publish any sketch, photograph, report, or other material of any nature obtained or prepared under this contract without specific written approval of the Project Manager/AOTR. 1.6.18 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of information or analyses, which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may effect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

APPENDIX E ROUTINE MONITORING CONTRACT EXAMPLE

APPENDIX F SUMMARY OF CLASS III INVENTORY REPORTS

APPENDIX F

SUMMARY OF CLASS III INVENTORY REPORTS

APPENDIX F SUMMARY OF CLASS III INVENTORY REPORTS

Summary of Inventory Reports Project Location Inventory Report Completion Date Summary Lewis & Clark / Gavins Baseline Cultural Resources Completed June 2007 Point Dam Site Monitoring: Purpose of GIS upload completed. project to record impacts to previously recorded cultural resource sites. Lewis & Clark / Gavins Class III Cultural Resources Completed in 2009. Point Dam Inventory of State of South GIS upload being Dakota Recreation Areas completed. *funded by State of South Dakota Game, Fish & Parks Lewis & Clark / Gavins Class III Cultural Resources GIS upload being Point Dam Inventory of State of South completed. Dakota Wildlife Areas *funded by the State of South Dakota Game, Fish, & Parks Lewis & Clark / Gavins Class III Cultural Resources Completed June 2011. GIS Point Dam Inventory in Knox and upload completed. Cedar, Nebraska; Yankton and Bon Homme, South Dakota Lake Francis Case / Fort Baseline Cultural Resources Completed June 2007 Randall Dam Site Monitoring: Purpose of GIS upload completed. project to record impacts to previously recorded cultural resource sites. Lake Francis Case / Fort Class III Cultural Resources Completed in 2009. Randall Dam Inventory of State of South GIS upload still being Dakota Recreation Areas completed. *funded by State of South Dakota Game, Fish & Parks Lake Francis Case / Fort Class III Cultural Resources Completed June 2007 Randall Dam Survey of State of South GIS upload completed. Dakota Wildlife Areas *funded by the State of South Dakota Game, Fish, & Parks Lake Francis Case / Fort Class III Cultural Resources Completed in 2008. Randall Dam Inventory GIS upload completed. Lake Francis Case / Fort Class III Cultural Resources Completed 2008. Randall Dam Inventory in Gregory, GIS upload completed. Brule, Charles Mix, and Lyman Counties, South Dakota

APPENDIX F SUMMARY OF CLASS III INVENTORY REPORTS

Project Location Inventory Report Completion Date Summary Lake Sharpe / Big Bend Baseline Cultural Resources Completed June 2007 Dam Site Monitoring: Purpose of GIS upload completed. project to record impacts to previously recorded cultural resource sites. Lake Sharpe / Big Bend Class III Cultural Resources Completed in 2009. Dam Inventory of State of South GIS upload still being Dakota Recreation Areas completed. *funded by State of South Dakota Game, Fish & Parks Lake Sharpe / Big Bend Class III Cultural Resources Completed in 2010. Dam Inventory of State of South GIS upload being Dakota Wildlife Areas completed. *funded by the State of South Dakota Game, Fish, & Parks Lake Sharpe / Big Bend Class III Cultural Resources Completed 2009. Dam Inventory of the Exterior GIS upload completed. Boundaries of Crow Creek Reservation Lake Oahe / Oahe Dam Baseline Cultural Resources Completed June 2007 Site Monitoring: Purpose of GIS upload completed. project to record impacts to previously recorded cultural resource sites. Lake Oahe / Oahe Dam Class III Cultural Resources Completed in 2009. Inventory of State of South GIS upload still being Dakota Recreation Areas completed. *funded by State of South Dakota Game, Fish & Parks Lake Oahe / Oahe Dam Class III Cultural Resources Completed in 2009. Inventory of State of South GIS upload still being Dakota Recreation Areas completed. *funded by State of South Dakota Game, Fish & Parks Lake Oahe / Oahe Dam Baseline Cultural Resources Anticipated to be completed Site Monitoring: Exterior in 2012. Boundaries Cheyenne River Reservation Lake Oahe / Oahe Dam Class III Cultural Resources Completed in 2011. Inventory in Burleigh, GIS upload completed. Morton, Emmons, Sioux Counties, North Dakota

APPENDIX F SUMMARY OF CLASS III INVENTORY REPORTS

Project Location Inventory Report Completion Date Summary Lake Oahe / Oahe Dam Class III Cultural Resources Completed in 2011. Inventory in Corson, GIS upload completed. Campbell, Walworth Counties, South Dakota Lake Oahe / Oahe Dam Class III Cultural Resources Completed in 2011. Inventory in Potter and GIS upload completed. Sully Counties, South Dakota Lake Sakakawea / Garrison Baseline Cultural Resources Completed in 2004. Dam Site Monitoring in Dunn GIS upload completed. County, North Dakota: Purpose of project to record impacts to previously recorded cultural resource sites. Lake Sakakawea / Garrison Baseline Cultural Resources Completed in 2006. Dam Site Monitoring in GIS upload completed. Mountrail County, North Dakota: Purpose of project to record impacts to previously recorded cultural resource sites. Lake Sakakawea / Garrison Baseline Cultural Resources Completed in 2006. Dam Site Monitoring in Mercer GIS upload completed. and McLean Counties, North Dakota: Purpose of project to record impacts to previously recorded cultural resource sites. Lake Sakakawea / Garrison Class III Cultural Resources Completed in 2008. Dam Inventory in McKenzie GIS upload completed. County (including Phelps Bay), North Dakota Lake Sakakawea / Garrison Class III Cultural Resources Completed in 2009. Dam Inventory in McLean GIS upload completed. County, North Dakota Lake Sakakawea / Garrison Class III Cultural Resources Completed in 2010 Dam Inventory in Mercer GIS upload completed. County, North Dakota Lake Sakakawea / Garrison Class III Cultural Resources Completed in 2011. Dam Inventory in Dunn County GIS upload completed.

APPENDIX F SUMMARY OF CLASS III INVENTORY REPORTS

(including Little Missouri Arm), North Dakota Project Location Inventory Report Completion Date Summary Lake Sakakawea / Garrison Class III Cultural Resources Completed in 2012. Dam Inventory in William GIS upload completed. County Lake Sakakawea / Garrison Class III Cultural Resources Completed in 2011. Dam Inventory in Williams GIS upload completed. County, North Dakota Lake Sakakawea / Garrison Class III Inventory in Completed in 2013. Dam Mountrail County, North GIS upload completed. Dakota Fort Peck Lake / Fort Peck Baseline Cultural Resources Completed in 2005. Dam Monitoring of Identified GIS Upload completed. Sites Fort Peck Reservoir Fort Peck Lake / Fort Peck Paleontology Survey of Completed 2008. Dam Recreation Areas GIS has not been put into the database. Fort Peck Lake / Fort Peck Baseline Cultural Resources Completed in 2011. Dam Monitoring of Identified GIS upload completed. Sites in Petroleum and Fergus Counties, Montana Fort Peck Lake / Fort Peck Baseline Cultural Resources Completed in 2013. Dam Monitoring Survey in GIS upload completed. Garfield and Petroleum Counties, beginning at Hell Creek Recreation Area and ending at Crooked Creek Recreation Area

APPENDIX G CLASS III CULTURAL RESOURCE INVESTIGATION CONTRACT EXAMPLE

APPENDIX G

CLASS III CULTURAL RESOURCE INVESTIGATION CONTRACT EXAMPLE

APPENDIX G CLASS III CULTURAL RESOURCE INVESTIGATION CONTRACT EXAMPLE

EXAMPLE PREFORMANCE WORK STATEMENT

CLASS III CULTURAL RESOURCES INVESTIGATION SPECIFIED CORPS OF ENGINEERS LANDS (Insert Date)

GENERAL: This is a non-personnel services contract to provide Cultural Resource Investigation services of all lands currently owned by the U.S. Army Corps of Engineers, Omaha District (Corps) in (Specify location of survey area). The survey area will be from water edge to Corps boundary line, which is approximately (insert acreage total). Due to fluctuating lake elevation the acreage is an estimate. The Contractor shall be responsible for surveying all Corps owned lands including islands that may appear in conditions of low operating pool elevation. Cultural Resources are defined as any site, building, district, structure, object, data, or material significant in history, architecture, archeology, or culture. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service provider shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/ Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the Cultural Resources Investigation in (Specify location of survey area) as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract. The Contractor must provide or demonstrate access to the following capabilities before Contract Award: • Adequate permanent field and laboratory equipment necessary to conduct a Class III Cultural Resource Investigation. • Qualifications for the Principle Investigator and Geographic Information Systems Specialist identified in 1.5.1.1.17. • GeoXT Trimble Units (Global Positioning Equipment) and Global Information System data processing software with adequate security measures. • Adequate office space and facilities for analysis of information obtained during literature and records search, fieldwork, and report preparation. • The following key personnel shall be identified before contract award. A Program Manager shall be designated that will be assigned to this contract. This person will be the single point of contact for coordination with the Corps. The Program Manager will be responsible for the overall management of the contract, and will take immediate corrective action when performance is not acceptable. After contract award, USACE Contracting Officer, shall approve the replacement of any key personnel after verifying that they meet or exceed the requirements identified in the solicitation. Failure to make an acceptable replacement could result in cancelation of the contract.

1.2 Background: The purpose of this work is to meet the Department of the Army's Federal preservation legislation and associated implementing regulations. The most pertinent for this investigation are the following: Public Law 74-292, Historic Sites Act of 1935, as amended; Public Law 89-665, National Historic Preservation Act of 1966 as amended; Public Law 91-190, National Environmental Policy Act of 1969 as amended; Public Law 95-341, American Indian Religious Freedom Act; implementing regulations 36 CFR Parts 60 and 61 Appendix A; and 36 CFR Part 800; An inventory of all cultural resources must be accomplished. Persons working under this contract are considered to be carrying out official agency duties under Federal direction, associated with the management of archeological

APPENDIX G CLASS III CULTURAL RESOURCE INVESTIGATION CONTRACT EXAMPLE resources and therefore are exempt from obtaining an Antiquities Permit per Section 5(c) of 32 CFR Part 229 - Protection of Archaeological Resources Uniform Regulations. 1.3 Objectives: The purpose of this work is a Class III Cultural Resource Investigation which will consist of the following: • A comprehensive work plan. • An exhaustive search of all background literature of the project area. • Field investigation to relocate previously identified cultural resource sites and the identification and recording of newly identified sites and their boundaries. • Analysis of sufficient intensity to clearly establish the integrity of previously and newly recorded sites. • Investigative report preparation.

1.4 Scope: The services to be performed will consist of the following:

1.4..1 Study Area: Identified as U.S. Army Corps of Engineers, Omaha District (Corps) owned lands from water edge to property line, which is approximately (insert acres, County, and State). Due to fluctuating lake elevation the acreage is an estimate. The Contractor shall be responsible for surveying all Corps owned lands including islands that may appear in conditions of low operating pool elevation. On (Insert Lake Information), islands and shorelines have been designated as critical habitat for the Northern Great Plains piping plover. Therefore, access to areas within the survey may be limited from April 15 through August 15. Areas closed for the protection of the piping plover must still be surveyed by the Contractor when nesting season is over. 1.4..2 Work Plan: The Contract shall prepare a plan which identifies a work schedule for the entire project, safety plan, and quality control plan. The plan shall include the resumes of the individuals working on the Contract. 1.4..3 Literature and Records Search: Information for the literature and records search shall be obtained from site forms, published, unpublished reports, theses, dissertations, and manuscripts for identified sites. Sources to be investigated include but are not limited to the State Historical Society. Individuals known to have knowledge concerning sites that may not be available in written sources. Contractor may not contact Tribal Government(s) or Tribal Historic Preservation Office(s) regarding this work without permission from the U.S. Army Corps of Engineers, Cultural Resource Program Manager. The Corps will take the lead on any proposed communication. Therefore, the Contractor or any Sub-contractor may not communicate directly with Tribal Government(s) or Tribal Historic Preservation Office(s). The background research will be the starting point for all work. This research should establish a broad evaluating framework, based on a set of regional concerns and site specific topics. 1.4..4 Field Investigation: This shall consist of a pedestrian survey of all lands (fee lands) presently managed by the Corps in (Insert Survey Area Information). Survey area will consist of lands from water edge to property boundary. This area is estimated to be (insert acres, County, and State). Due to fluctuating lake elevation the acreage is an estimate. The Contractor shall be responsible for surveying all Corps owned lands including islands that may appear in conditions of low operating pool elevation. No fieldwork may begin until the Corps accepts a work plan and an onsite meeting with (Insert Project Office Information) personnel and the Contractor/Subcontractor takes place. The Contractor shall provide the Corps meeting minutes from the onsite meeting. During the completion of fieldwork the Contractor shall comply with all applicable provisions of the Programmatic Agreement for the Operation and Management of the Missouri River Main Stem System in Compliance with the National Historic Preservation Act as amended and all other preservation laws, regulations, etc… During the field investigation if human remains are discovered all work must stop and the Corps notified immediately. The

APPENDIX G CLASS III CULTURAL RESOURCE INVESTIGATION CONTRACT EXAMPLE Contractor shall immediately contact the Human Remains Discovery hotline 1-888-761-2722 Lake Manager, Senior Field Archeologist, and Omaha District, Project Manager. Further instructions will be provided after notification. The Contractor shall submit weekly field progress reports, which will detail activities completed during the week and proposed activities for the upcoming week. This shall be submitted by the close of business every Friday to the Omaha District Project Manager. Field crews shall be subject to periodic onsite inspection by Corps representatives, without prior notice. All vehicular traffic within the project area shall be restricted to existing roads. The contractor shall keep clear, legible, standard field records available and current. These records shall include, but shall not necessarily be limited to: field notebooks, site forms, field maps, and photographs. State site update forms will be filled out for previously recorded sites. New site forms will be filled out for newly identified sites. Newly identified sites shall have Smithsonian Institution Trinomial System Numbers assigned. Site forms will be electronically recorded utilizing GPS equipment. All required site form fields shall be field out. The Contractor shall record any diagnostic artifacts. After documentation all diagnostic artifacts shall be placed in original location. All shovel test units will be backfilled. Identified sites will be mapped by use of GPS equipment and coordinates reported in UTMs. This will include the surface/subsurface extent, shovel test units, artifact locations, and topographic elevations. If a site cannot be relocated/located a GPS datum point shall be taken in the location, indicating site could not be relocated/located. All site data collected by the Contractor shall undergo appropriate quality control/assurance and then be submitted as part of the Omaha District Archeological GIS database. The information will be accessible through the GIS system without any technical difficulties. The information shall be transmitted on compact disc or other electronic media that is compatible with the current Omaha District database. Collected and generated GIS data will comply with federal geospatial data standards, including the Spatial Data Standards for Facilities, Infrastructure, and Environment. Associated metadata will comply with Federal Geographic Data Committee Content Standards for Digital Geospatial Metadata. 1.4..5 Investigative Reports: The Contractor shall prepare a draft and final comprehensive report, which will detail the work completed, the investigation results, site descriptions, and recommendations for additional work. The report shall be organized so that sensitive maps and site forms may be removed from the report for review by the general public. The Report shall include, but shall not be limited to, the following sections: • Report Documentation Page, SF 298. Complete all pertinent sections. The Corps shall supply this form to the Contractor. • Title Page. This will contain the title, study type, location, project name and counties, report date, name of Contractor, author/Principal Investigator, and Corps of Engineers contract number. • Abstract. This is a brief synopsis of the work conducted, number and types of cultural resources identified and overall significance, and a summary of the management recommendations, which shall not exceed 150 words. • Introduction. Identify the Corps of Engineers and contractor and the purpose for the investigation, discuss the type of investigation performed and location, and indicate the disposition of original records or other data. Discuss the report organization. • Regional Location and Environment. This is a description of the site location, including physical features and terrain, past and present vegetation and fauna, field conditions, past and present land uses, and weather conditions during fieldwork. The study area must be discussed within the larger framework of the physical region. • Previous Work. This will contain an enumeration and description of all previous cultural resources investigation(s) conducted in the study area, name(s) of Principal Investigator(s), dates of the studies, study results, and an overview of the general adequacy and deficiencies of

APPENDIX G CLASS III CULTURAL RESOURCE INVESTIGATION CONTRACT EXAMPLE the past work. • Overview. Detail the relationship of the cultural history study area to the regional cultural history. • Research Orientation. Develop and present theoretical and/or substantive goals and the methodology to be used in achieving them. Address problems and testable hypotheses that are realistic for this level of study. • Methods. Present the procedures used to accomplish the research design. Discuss how the fieldwork was organized, scheduled, and how the information was used. Detail the methods used to analyze the data examined in the field. • Results. The information provided in this section shall include, but shall not be limited to: site names, site numbers, site types (lithic scatter, farmstead, mound, etc.), component(s) or probable component(s), elevation, a verbal description of the topographic position of the site, site size (horizontal and vertical), present vegetation, ground surface visibility at time of field investigation (in percent), condition (discuss the known past, present, or projected impacts), discussion of the artifact and other analyses, describe features and their distribution by component, and display site and important feature maps. Colored photos shall be of good composition and identified as to subject, location, and date. • Recommendations. The results of the recommendations will be used to determine the integrity of the site(s) and supplement what is presently known. • References. Use the American Antiquity format for every publication, work, or interview cited in the report. • Appendices. Completed site or site update forms used during the investigation, maps, and photographs. • Electronic Data. All site data collected by the contractor shall undergo appropriate quality control/assurance and then be submitted as part of the Omaha District Archeological GIS database. The information will be accessible through the GIS system without any technical difficulties. The information shall be transmitted on compact disc or other electronic media that is compatible with the current Omaha District database. Collected and generated GIS data will comply with federal geospatial data standards, including the Spatial Data Standards for Facilities, Infrastructure, and Environment. Associated metadata will comply with Federal Geographic Data Committee Content Standards for Digital Geospatial Metadata.

1.4..6 Investigative Report Format Hardcopies: The report will be prepared using Microsoft Word. The report will be divided into easily discernible chapters, with appropriate page separations and headings. The report text will be printed single spaced on good quality bond paper, 8.5 inches by 11.0 inches, with 1.5 left and bottom margins and 1 inch top and right margins. The month and year of the report shall be reflected in a footer on each page of the report. In addition, the footer will also reflect the Chapter number and name. All pages shall be numbered, including those in the appendixes. The main report shall be produced in one volume and shall boldly and clearly indicate that the document is not for public release. The report shall be organized so that sensitive maps and site forms may be removed from the report for review by the general public. Site forms and Maps shall be produced in separate volumes and shall boldly and clearly indicate that the volumes contain protected sensitive information and are not for public release. The report will use correct English grammar, and there will be no typographical errors. The documents will be edited for major spelling and grammatical errors before submittal for review and comment or it will be returned for correction. All pages will be numbered consecutively, including the bibliography and attachments. Any illustrations that might be done must be clear, legible, self-explanatory, and of sufficiently high quality to be reproduced easily by standard photocopy equipment. All photographs should be clear, distinct prints or copies with captions and a bar scale. Maps shall be clean, clear, and easily reproducible. Maps must be labeled with a caption/description, north-

APPENDIX G CLASS III CULTURAL RESOURCE INVESTIGATION CONTRACT EXAMPLE oriented to the top of the page, and will contain a scale, north arrow, legend, township and range, map size and date, and map source (USGS quad name or published source). The features to be illustrated, such as site locations, shall stand out clearly against the other features on the map. The report shall be organized in such a way that sensitive maps and information are contained in the appendix and can be removed from the report for review by the general public. Any photographs that might be taken shall be of good composition and identified as to subject, location, and date. The contractor will reproduce all graphics for the report, such as maps, drawings, pictures, etc. in standard graphics formats such as .GIF, tiff, jpeg, .bmp, etc.

1.4..7 Investigative Report Format Electronic Files: Electronic copies of the final report and all accompanying appendixes will be supplied to the Omaha District which will be accessible through the Archeological Database. The electronic copies shall include, but shall not be limited to, the following: • Electronic Site Form attribute tables with required fields completed. The electronic files shall include but shall not be limited to the following: site numbers, site types (lithic scatter, farmstead, mound etc.), component(s) or probable component(s), elevation, description of topographic position of the site, site boundary, site impacts, all features recorded in GPS, site visit date, present vegetation, ground surface visibility at time of field investigation (in percent) condition (discuss the known past, present, or projected impacts), discussion of the artifact and other analyses, describe features and their distribution by component, and display site and important feature maps. Digital photos shall have caption identifying site and a bar scale, location, and date. • Electronic Site Forms shall also be in electronic pdf format identified by site number. • Digital photographs shall be in standard graphic formats such as GIF, tiff, jpg, bmp, etc., photos shall be submitted with a separate word or excel file identifying what each picture is (example identified artifact, site features). Colored pictures of site overviews for each site. • Digital maps shall be provided which shall include, but shall not be limited to the following: maps shall be labeled with a caption/description, north oriented to the top of a page, and will contain a scale, north arrow, legend, township and range, map size and date, map source. GPS features shall be identified and stand out clearly against other features on the map. Maps shall be provided in separate electronic pdf format identified by site number. • Any illustrations that might be done must be clear, legible, self explanatory, and sufficient high quality, with captions and bar scale. Illustrations shall be provided in separate electronic pdf format identified by site number. • All site data collected by the Contractor shall undergo appropriate quality control/assurance and then be submitted as part of the Omaha District Archeological GIS database. The information will be accessible through the GIS system without any technical difficulties. The information shall be transmitted on compact disc or other electronic media that is compatible with the current Omaha District database. Collected and generated GIS data will comply with federal geospatial data standards, including the Spatial Data Standards for Facilities, Infrastructure, and Environment. Associated metadata will comply with Federal Geographic Data Committee Content Standards for Digital Geospatial Metadata. 1.5 Deliverable and Work Schedule: The period of performance shall be for one year. The deliverable and work schedule reads as follows: 1.5..1 Work Plan: The Contractor will provide an electronic copy (pdf format) of the Draft Work Plans to: U.S. Army Corps of Engineers, Omaha District, ATTN: CENWO-PM-AB (McClean), 1616 Capitol Ave, Omaha, Nebraska 68102-4901. The drafts will be edited for major spelling and grammatical errors prior to submittal for review and comment, or it will be returned for correction. The draft plans will include an individual work schedule for the study areas and a quality control plan. The draft work plans will be submitted fifteen (15) calendar days after the

APPENDIX G CLASS III CULTURAL RESOURCE INVESTIGATION CONTRACT EXAMPLE contractor has received the notice to proceed. The Government shall have a maximum of ten (10) calendar days to review and comment. The contractor shall have ten (10) calendar days to include the review comments into the final work plan and submit the final. The final shall also be provided in electronic format (pdf format). 1.5..2 Literature and Records Search: Upon acceptance of the work plan the Contractor shall have one hundred-twenty (120) calendar days to perform a literature and records search. The literature and records search shall be the starting point for all work. 1.5..3 Field Investigation: Thirty calendar days after completion of the literature and records search the Contractor shall begin field work. 1.5..4 Inventory Report: The Contractor shall develop a report for the surveyed areas. The Contract shall submit four (4) electronic copy (pdf. format) and four (4) hardcopies of the draft report one hundred-twenty (120) calendar days after the completion of fieldwork. The hardcopies and electronic files shall comply with the specifications identified in the Scope. The Government shall have forty (40) calendar days to review and comment. The Contractor shall have a maximum of (40) calendar days to revise report. The final edited report shall be provided in electronic pdf. format and four (4) hardcopies. 1.5..5 Electronic Data: All site data collected by the contractor shall undergo appropriate quality control/assurance and then be submitted as part of the Omaha District Archeological GIS database. The information will be accessible through the GIS system without any technical difficulties. The information shall be transmitted on compact disc or other electronic media that is compatible with the current Omaha District database. Collected and generated GIS data will comply with federal geospatial data standards, including the Spatial Data Standards for Facilities, Infrastructure, and Environment. Associated metadata will comply with Federal Geographic Data Committee Content Standards for Digital Geospatial Metadata. All electronic data shall comply with the specifications identified in the Scope. 1.5..6 Method of Payment: Payment for services rendered will be made as follows. Twenty-five percent (25%) of the contract amount is payable upon acceptance of the Final Work Plans. Fifty percent (50%) of the contract amount is payable upon the completion of fieldwork. Twenty percent (20%) of the contract amount is payable upon receipt of the draft reports by the Government. The remaining five percent (5%) will be paid upon the Government’s acceptance of the final reports. 1.5..7 General Information: The Contractor is expected to pursue the study in a professional manner to meet the target dates. Neither the Contractor nor his representatives will release or publish any sketch, photograph, report, or other material of any nature obtained or prepared under this contract without specific written approval of the Contracting Officer's Representative. The Government may, at any reasonable time, inspect the progress of the work. Such inspection, however, shall not be performed in such a way as to unduly affect the progress of the work. Final acceptance of the work will be made upon successful completion of the work required under the contract. The investigations shall be conducted on lands managed by the Corps and currently owned by the U.S. Army Corps of Engineers, Omaha District (Corps) in (Specify location of survey area). The survey area will be from water edge to Corps boundary line, which is approximately (insert acreage total). Due to fluctuating lake elevation the acreage is an estimate. 1.5..8 Quality Control: The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this Performance Work Statement. The contractor shall develop and implement procedures to identify, prevent, and ensure non- recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. The QCP shall be included in the Work Plan, which will be submitted fifteen (15) calendar days after the Contractor has received the notice to proceed.

APPENDIX G CLASS III CULTURAL RESOURCE INVESTIGATION CONTRACT EXAMPLE 1.5..9 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s). 1.5..10 General Safety Requirements: The Service Contract General Provisions Section 41, Service Contract Act of 1965, as amended, subparagraph (g) requires the contractor not to permit work under this contract in unsanitary or dangerous locations. Proper health and safety standards (29 CFR 1925) are to be followed for the duration of the contract. 1.5..11 Hours of Operation: N/A 1.5..12 Recognized Holidays: The Contractor shall develop their work schedule based on the services listed in the Scope. 1.1.1 Place of Performance: The work to be performed under this contractor will be performed at contractor facility and study area lands presently owned by the U.S. Army Corps of Engineers. 1.5..13 Type of Contract: The Government will award a fixed price contract. 1.5..14 Security Requirements: N/A 1.5..15 Physical Security: The Contractor shall be responsible for safeguarding all government material information provided for contractor use. 1.5..16 Award Conference/ Periodic Meetings: The Contractor may be required to have periodic meetings to discuss project progress. 1.5..17 Special Qualifications: The minimum professional qualifications for the Principal Investigator, prehistoric and historical archeologists, and key consultants (e.g., architectural historian) are those given in 36 CFR Part 61, Appendix A - Professional Qualifications. Consultants and supervisory personnel not covered in this CFR who are hired or subcontracted for their special knowledge and expertise must carry academic and experiential qualifications in their own fields of competence. The guidelines in paragraph (b) of this regulation will apply. Such qualifications are to be documented by means of vitae or resume attachments submitted with the proposal or at a later time if the consultant has not been retained at the time of proposal. Principal Investigator must periodically check on the progress of the work each week and be available to advise or instruct personnel should any problems develop. The minimum qualifications for Geographic Information Systems Specialist are a Bachelor degree in GIS, geography, computer science, with a minimum of five years related experience. Such qualifications are to be documented by means of a vitae or resume attachments submitted with the proposal. The Government may send a representative to inspect the various phases of the operations and review project records with prior notification. All aspects of the field examination shall be conducted by or under the direct supervision of a qualified archeologist. Any change in personnel after the award of contract must be approved by the Contracting Officer. A person replacing a vacated position must have a comparable background and knowledge of the study area to maintain the same level of expertise and quality of performance. Failure to make an acceptable replacement could result in cancellation of the contract. 1.5..18 Post Award Conference/ Periodic Meetings: The Contractor shall be required to submit a weekly progress report while completing fieldwork. The weekly report shall be submitted before the close of business every Friday and shall contain a description of fieldwork activities that took place during the week and proposed activities for the following week. 1.5..19 Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including

APPENDIX G CLASS III CULTURAL RESOURCE INVESTIGATION CONTRACT EXAMPLE Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order. 1.5..20 Key Personnel: The following personnel are considered key personnel by the government: Principle Investigator, Project/Program Manager. Key personnel shall be identified before contract award. The Contractor shall provide a contract manager who shall be responsible for the performance of this work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 8:00 a.m to 4:30 p.m., Monday thru Friday except Federal holidays. 1.5..21 Identification of Contract Employees: Contract personnel shall be identified before contract award. The Contractor shall provide the name and qualifications of contracted personnel. 1.5..22 Contractor Travel: The Contractor may be required to travel for the Literature and Records Search and during the Field Investigations. This travel schedule shall be determined by the Contractor and identified in the Work Plans. 1.5..23 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights. 1.5..24 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of information or analyses, which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may effect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI. 1.5..25 Project Pricing: The Government shall award a fixed price contract.

APPENDIX H TESTING & EVALUATIONS/NATIONAL REGISTER CONTRACT EXAMPLE

APPENDIX H

TESTING & EVALUATIONS/ NATIONAL REGISTER CONTRACT EXAMPLE

APPENDIX H TESTING & EVALUATIONS/NATIONAL REGISTER CONTRACT EXAMPLE

EXAMPLE PREFORMANCE WORK STATEMENT

NATIONAL REGISTER EVALUATION & NOMINATION FORM PREPARATION SPECIFIED CORPS OF ENGINEERS LANDS

(Insert Date)

GENERAL: This is a non-personnel services contract to provide National Register Evaluation and Nomination Form Preparation of Cultural Resource Sites owned by the U.S. Army Corps of Engineers, Omaha District (Corps) within (Insert Project Area). The Contractor shall be responsible for investigating identified sites. Cultural Resources are defined as any site, building, district, structure, object, data, or material significant in history, architecture, archeology, or culture. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service provider shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/ Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the Cultural Resources Investigation in (Specify location of survey area) as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract. The Contractor must provide or demonstrate access to the following capabilities before Contract Award: • Adequate permanent field and laboratory equipment necessary to conduct a National Register Evaluation and Nomination Form Preparation. • Qualifications for the Principle Investigator and Geographic Information Systems Specialist identified in 1.5.1.1.17. • GeoXT Trimble Units (Global Positioning Equipment) and Global Information System data processing software with adequate security measures. • Adequate office space and facilities for analysis of information obtained during literature and records search, fieldwork, and report preparation. • The following key personnel shall be identified before contract award. A Program Manager shall be designated that will be assigned to this contract. This person will be the single point of contact for coordination with the Corps. The Program Manager will be responsible for the overall management of the contract, and will take immediate corrective action when performance is not acceptable. After contract award, USACE Contracting Officer, shall approve the replacement of any key personnel after verifying that they meet or exceed the requirements identified in the solicitation. Failure to make an acceptable replacement could result in cancelation of the contract.

1.2 Background: The purpose of this work is to meet the Department of the Army's Federal preservation legislation and associated implementing regulations. The most pertinent for this investigation are the following: Public Law 74-292, Historic Sites Act of 1935, as amended; Public Law 89-665, National Historic Preservation Act of 1966 as amended; Public Law 91-190, National Environmental Policy Act of 1969 as amended; Public Law 95-341, American Indian Religious Freedom Act; implementing regulations 36 CFR Parts 60 and 61 Appendix A; and 36 CFR Part 800. Persons working under this contract are considered to be carrying out official agency duties under Federal direction, associated with the management of archeological resources and therefore are exempt from obtaining an

APPENDIX H TESTING & EVALUATIONS/NATIONAL REGISTER CONTRACT EXAMPLE

Antiquities Permit per Section 5(c) of 32 CFR Part 229 - Protection of Archaeological Resources Uniform Regulations. 1.3 Objectives: The purpose of this work is Testing & Evaluation/ National Register which will consist of the following: • A comprehensive work plan. • An exhaustive search of all background literature on the project area(s) and the identified site(s) for the investigation. • Field investigation and analysis of sufficient intensity to clearly establish the integrity of the sites. • Comprehensive National Register evaluation(s) and nomination form(s) preparation.

1.4 Scope: The services to be performed will consist of the following:

1.4..1 Study Area: The prehistoric archeological sites involved in the study are within U.S. Army Corps of Engineers (Corps) lands (Insert Project Information, State, County). The identified sites were briefly investigated in Class III Cultural Resource Investigations. Site locations and descriptions are listed below: (Insert sites and descriptions). On (Insert Lake Information), islands and shorelines have been designated as critical habitat for the Northern Great Plains piping plover. Therefore, access to areas within the survey may be limited from April 15 through August 15. Areas closed for the protection of the piping plover must still be investigated by the Contractor when nesting season is over. The Lake Manager shall inform Contractor of these closed areas before fieldwork may begin. 1.4..2 Work Plan: The Contract shall prepare a plan which identifies a work schedule for the entire project, safety plan, and quality control plan. The plan shall include the resumes of the individuals working on the Contract. 1.4..3 Literature and Records Search: Information for the literature and records search shall be obtained from site forms, published, unpublished reports, theses, dissertations, and manuscripts for identified sites. Sources to be investigated include but are not limited to the State Historical Society. Individuals known to have knowledge concerning sites that may not be available in written sources. Contractor may not contact Tribal Government(s) or Tribal Historic Preservation Office(s) regarding this work without permission from the U.S. Army Corps of Engineers, Cultural Resource Program Manager. The Corps will take the lead on any proposed communication. Therefore, the Contractor or any Sub-contractor may not communicate directly with Tribal Government(s) or Tribal Historic Preservation Office(s). The background research will be the starting point for all work. This research should establish a broad evaluating framework, based on a set of regional concerns and site specific topics. 1.4..4 Field Investigation: This investigation shall be of sufficient detail and intensity to clearly assess the cultural-historical framework, function, horizontal and vertical boundary, and integrity of the site. Excavation units shall proceed according to accepted methodology for recovery of archeological data. No fieldwork may begin until the Corps accepts a work plan and an onsite meeting with (Insert Project Office Information) personnel and the Contractor/Subcontractor takes place. The Contractor shall provide the Corps meeting minutes from the onsite meeting. During the completion of fieldwork the Contractor shall comply with all applicable provisions of the Programmatic Agreement for the Operation and Management of the Missouri River Main Stem System in Compliance with the National Historic Preservation Act as amended and all other preservation laws, regulations, etc… During the field investigation if human remains are discovered all work must stop and the Corps notified immediately. The Contractor shall immediately contact the Human Remains Discovery hotline 1-888-761-2722 Lake Manager, Senior Field Archeologist, and Omaha District, Project Manager. Further instructions will be provided after notification. The Contractor shall submit weekly field progress reports, which will

APPENDIX H TESTING & EVALUATIONS/NATIONAL REGISTER CONTRACT EXAMPLE

detail activities completed during the week and proposed activities for the upcoming week. This shall be submitted by the close of business every Friday to the Omaha District Project Manager. Field crews shall be subject to periodic onsite inspection by Corps representatives, without prior notice. All vehicular traffic within the project area shall be restricted to existing roads. The contractor shall keep clear, legible, standard field records available and current. These records shall include but shall not be limited to: field notebooks, excavation forms, field maps, and photographs. The Contractor shall document and GPS record all diagnostic artifacts. At least one wall of each hand or mechanically excavated unit displaying stratigraphic breaks and/or from which cultural materials have been retrieved shall be profiled. The elevation of stratigraphic breaks and cultural features shall be indicated on these profiles; all excavated fill shall be dry or wet screened by stratigraphic or arbitrary levels for recovery of artifacts, faunal, and floral material. If features are found, samples should be collected for flotation, pollen, and radiocarbon analysis. The size and selection of these samples shall be at the discretion of the Principle Investigator. However, the size of samples shall remain constant so that comparisons can be made. Any cultural features excavated (e.g., postholes, hearths, cache pits) shall be recorded in terms of the test unit in which they were encountered, the stratigraphic, or arbitrary, level(s) in which they occur, and elevation. All features should be digitally photographed. Few features should be completely excavated since the aim of the research is to determine the integrity of the subject site. All material shall be processed, cataloged, and curated in such a manner that they may be used if future mitigation is planned, or additional research is possible. All shovel test units will be backfilled. All materials and information that are uncovered will be processed and analyzed in such a manner as to determine site integrity, and to provide sufficient data to assess the site against National Register Bulletin 15: How to Apply the National Register Criteria for Evaluation. Analysis of the artifacts and data shall be conducted by or under the direct supervision of a qualified professional of the appropriate discipline (e.g. prehistoric archeologist for prehistoric artifacts; and historic archeologist for historic artifacts). All diagnostic artifacts shall be digitally photographed. Identified sites will be mapped by use of GPS equipment and coordinates reported in UTMs. This will include the surface/subsurface extent, shovel test units, artifact locations, and topographic elevations. All site data collected by the Contractor shall undergo appropriate quality control/assurance and then be submitted as part of the Omaha District Archeological GIS database. The information will be accessible through the GIS system without any technical difficulties. The information shall be transmitted on compact disc or other electronic media that is compatible with the current Omaha District database. Collected and generated GIS data will comply with federal geospatial data standards, including the Spatial Data Standards for Facilities, Infrastructure, and Environment. Associated metadata will comply with Federal Geographic Data Committee Content Standards for Digital Geospatial Metadata. 1.4..5 National Register Evaluation & Nomination Form(s) Report: The Contractor shall prepare a draft and final comprehensive report, which will detail the work completed, the investigation results, site descriptions, and national register recommendations. The report shall be organized so that sensitive maps and site forms may be removed from the report for review by the general public. The Report shall include, but shall not be limited to, the following sections: • Report Documentation Page, SF 298. Complete all pertinent sections. The Corps shall supply this form to the Contractor. • Title Page. This will contain the title, study type, location, project name and counties, report date, name of Contractor, author/Principal Investigator, and Corps of Engineers contract number. • Abstract. This is a brief synopsis of the work conducted, number and types of cultural resources identified and overall significance, and a summary of the management recommendations, which shall not exceed 150 words.

APPENDIX H TESTING & EVALUATIONS/NATIONAL REGISTER CONTRACT EXAMPLE

• Introduction. Identify the Corps of Engineers and contractor and the purpose for the investigation, discuss the type of investigation performed and location, and indicate the disposition of original records or other data. Discuss the report organization. • Regional Location and Environment. This is a description of the site location, including physical features and terrain, past and present vegetation and fauna, field conditions, past and present land uses, and weather conditions during fieldwork. The study area must be discussed within the larger framework of the physical region. • Previous Work. This will contain an enumeration and description of all previous cultural resources investigation(s) conducted in the study area, name(s) of Principal Investigator(s), dates of the studies, study results, and an overview of the general adequacy and deficiencies of the past work. • Overview. Detail the relationship of the cultural history study area to the regional cultural history. • Research Orientation. Develop and present theoretical and/or substantive goals and the methodology to be used in achieving them. Address problems and testable hypotheses that are realistic for this level of study. • Methods. Present the procedures used to accomplish the research design. Discuss how the fieldwork was organized, scheduled, and how the information was used. Detail the methods used to analyze the data examined in the field. • Results. The information provided in this section shall include, but shall not be limited to: site names, site numbers, site types (lithic scatter, farmstead, mound, etc.), component(s) or probable component(s), elevation, a verbal description of the topographic position of the site, site size (horizontal and vertical), present vegetation, ground surface visibility at time of field investigation (in percent), condition (discuss the known past, present, or projected impacts), discussion of the artifact and other analyses, describe features and their distribution by component, and display site and important feature maps. Colored photos shall be of good composition and identified as to subject, location, and date. • Recommendations. The results of the recommendations will be used to determine the integrity of the site(s) and supplement what is presently known. • References. Use the American Antiquity format for every publication, work, or interview cited in the report. • Appendices. Completed site forms used during the investigation, maps, photographs, and artifact catalogues. • National Register Nomination Form(s) shall be completed for each site determined eligible for listing on the National Register. • Electronic Data. All site data collected by the contractor shall undergo appropriate quality control/assurance and then be submitted as part of the Omaha District Archeological GIS database. The information will be accessible through the GIS system without any technical difficulties. The information shall be transmitted on compact disc or other electronic media that is compatible with the current Omaha District database. Collected and generated GIS data will comply with federal geospatial data standards, including the Spatial Data Standards for Facilities, Infrastructure, and Environment. Associated metadata will comply with Federal Geographic Data Committee Content Standards for Digital Geospatial Metadata.

1.4..6 National Register Evaluation & Nomination Form(s) Format Hardcopies: The report will be prepared using Microsoft Word. The report will be divided into easily discernible chapters, with appropriate page separations and headings. The report text will be printed single spaced on good quality bond paper, 8.5 inches by 11.0 inches, with 1.5 left and bottom margins and 1 inch top

APPENDIX H TESTING & EVALUATIONS/NATIONAL REGISTER CONTRACT EXAMPLE

and right margins. The month and year of the report shall be reflected in a footer on each page of the report. In addition, the footer will also reflect the Chapter number and name. All pages shall be numbered, including those in the appendixes. The main report shall be produced in one volume and shall boldly and clearly indicate that the document is not for public release. Site forms and Maps shall be produced in separate volumes and shall boldly and clearly indicate that the volumes contain protected sensitive information and are not for public release. The report will use correct English grammar, and there will be no typographical errors. The documents will be edited for major spelling and grammatical errors before submittal for review and comment or it will be returned for correction. All pages will be numbered consecutively, including the bibliography and attachments. Any illustrations that might be done must be clear, legible, self-explanatory, and of sufficiently high quality to be reproduced easily by standard photocopy equipment. All photographs should be clear, distinct prints or copies with captions and a bar scale. Maps shall be clean, clear, and easily reproducible. Maps must be labeled with a caption/description, north-oriented to the top of the page, and will contain a scale, north arrow, legend, township and range, map size and date, and map source (USGS quad name or published source). The features to be illustrated, such as site locations, shall stand out clearly against the other features on the map. The report shall be organized in such a way that sensitive maps and information are contained in the appendix and can be removed from the report for review by the general public. Any photographs that might be taken shall be of good composition and identified as to subject, location, and date. The contractor will reproduce all graphics for the report, such as maps, drawings, pictures, etc. in standard graphics formats such as .GIF, tiff, jpeg, .bmp, etc.

1.4..7 National Register Evaluation & Nomination Form(s) Format Electronic Files: Electronic copies of the final report and all accompanying appendixes will be supplied to the Omaha District which will be accessible through the Archeological Database. The electronic copies shall include, but shall not be limited to, the following: • Electronic Site Form attribute tables with required fields completed. The electronic files shall include but shall not be limited to the following: site numbers, site types (lithic scatter, farmstead, mound etc.), component(s) or probable component(s), elevation, description of topographic position of the site, site boundary, site impacts, all features recorded in GPS, site visit date, present vegetation, ground surface visibility at time of field investigation (in percent) condition (discuss the known past, present, or projected impacts), discussion of the artifact and other analyses, describe features and their distribution by component, and display site and important feature maps. Digital photos shall have caption identifying site and a bar scale, location, and date. • Electronic Site Forms shall also be in electronic pdf format identified by site number. • Electronic National Register Nomination form(s) shall be provided in electronic pdf formation identified by site number. • Digital photographs shall be in standard graphic formats such as GIF, tiff, jpg, bmp, etc., photos shall be submitted with a separate sheet in word or excel format identifying what each picture is (example identified artifact, site features). Colored pictures of site overviews for each site. • Digital maps shall be provided which shall include, but shall not be limited to, the following: maps shall be labeled with a caption/description, north oriented to the top of a page, and will contain a scale, north arrow, legend, township and range, map size and date, map source. GPS features shall be identified and stand out clearly against other features on the map. Maps shall be provided in separate electronic pdf format. • Any illustrations that might be done must be clear, legible, self explanatory, and sufficient high quality, with captions and bar scale. Illustrations shall be provided in separate electronic pdf format identified by site number.

APPENDIX H TESTING & EVALUATIONS/NATIONAL REGISTER CONTRACT EXAMPLE

• All GPS site data collected by the Contractor shall undergo appropriate quality control/assurance and then be submitted as part of the Omaha District Archeological GIS database. The information will be accessible through the GIS system without any technical difficulties. The information shall be transmitted on compact disc or other electronic media that is compatible with the current Omaha District database. Collected and generated GIS data will comply with federal geospatial data standards, including the Spatial Data Standards for Facilities, Infrastructure, and Environment. Associated metadata will comply with Federal Geographic Data Committee Content Standards for Digital Geospatial Metadata. 1.5 Deliverable and Work Schedule: The period of performance shall be for one year. The deliverable and work schedule reads as follows: 1.5..1 Work Plan: The Contractor will provide an electronic copy (pdf format) of the Draft Work Plans to: U.S. Army Corps of Engineers, Omaha District, ATTN: CENWO-PM-AB (McClean), 1616 Capitol Ave, Omaha, Nebraska 68102-4901. The drafts will be edited for major spelling and grammatical errors prior to submittal for review and comment, or it will be returned for correction. The draft plans will include an individual work schedule for the study areas and a quality control plan. The draft work plans will be submitted fifteen (15) calendar days after the contractor has received the notice to proceed. The Government shall have a maximum of ten (10) calendar days to review and comment. The contractor shall have ten (10) calendar days to include the review comments into the final work plan and submit the final. The final shall also be provided in electronic format (pdf format). 1.5..2 Literature and Records Search: Upon acceptance of the work plan the Contractor shall have one hundred-twenty (120) calendar days to perform a literature and records search. The literature and records search shall be the starting point for all work. 1.5..3 Field Investigation: Thirty calendar days after completion of the literature and records search the Contractor shall begin field work. 1.5..4 National Register Nomination Report & Forms: The Contractor shall develop a report of the investigated sites. The Contract shall submit four (4) electronic copies (pdf. format) and four (4) hardcopies of the draft report one hundred-twenty (120) calendar days after the completion of fieldwork. The hardcopies and electronic files shall comply with the specifications identified in the Scope. The Government shall have forty (40) calendar days to review and comment. The Contractor shall have a maximum of (40) calendar days to revise report. The final edited report shall be provided in four (4) electronic pdf. format and four (4) hardcopies. 1.5..5 Electronic Data: All site data collected by the contractor shall undergo appropriate quality control/assurance and then be submitted as part of the Omaha District Archeological GIS database. The information will be accessible through the GIS system without any technical difficulties. The information shall be transmitted on compact disc or other electronic media that is compatible with the current Omaha District database. Collected and generated GIS data will comply with federal geospatial data standards, including the Spatial Data Standards for Facilities, Infrastructure, and Environment. Associated metadata will comply with Federal Geographic Data Committee Content Standards for Digital Geospatial Metadata. All electronic data shall comply with the specifications identified in the Scope. 1.5..6 Method of Payment: Payment for services rendered will be made as follows. Twenty-five percent (25%) of the contract amount is payable upon acceptance of the Final Work Plans. Fifty percent (50%) of the contract amount is payable upon the completion of fieldwork. Twenty percent (20%) of the contract amount is payable upon receipt of the draft reports by the Government. The remaining five percent (5%) will be paid upon the Government’s acceptance of the final reports. 1.5..7 General Information: The Contractor is expected to pursue the study in a professional manner to meet the target dates. Neither the Contractor nor his representatives will release or publish any

APPENDIX H TESTING & EVALUATIONS/NATIONAL REGISTER CONTRACT EXAMPLE

sketch, photograph, report, or other material of any nature obtained or prepared under this contract without specific written approval of the Contracting Officer's Representative. The Government may, at any reasonable time, inspect the progress of the work. Such inspection, however, shall not be performed in such a way as to unduly affect the progress of the work. Final acceptance of the work will be made upon successful completion of the work required under the contract. The investigations shall be conducted on lands managed by the Corps and currently owned by the U.S. Army Corps of Engineers, Omaha District (Corps) in (Specify location of survey area). 1.5..8 Quality Control: The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this Performance Work Statement. The contractor shall develop and implement procedures to identify, prevent, and ensure non- recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. The QCP shall be included in the Work Plan, which will be submitted fifteen (15) calendar days after the Contractor has received the notice to proceed. 1.5..9 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s). 1.5..10 General Safety Requirements: The Service Contract General Provisions Section 41, Service Contract Act of 1965, as amended, subparagraph (g) requires the contractor not to permit work under this contract in unsanitary or dangerous locations. Proper health and safety standards (29 CFR 1925) are to be followed for the duration of the contract. 1.5..11 Hours of Operation: N/A 1.5..12 Recognized Holidays: The Contractor shall develop their work schedule based on the services listed in the Scope. 1.1.1 Place of Performance: The work to be performed under this contractor will be performed at contractor facility and study area lands presently owned by the U.S. Army Corps of Engineers. 1.5..13 Type of Contract: The Government will award a fixed price contract. 1.5..14 Security Requirements: N/A 1.5..15 Physical Security: The Contractor shall be responsible for safeguarding all government material information provided for contractor use. 1.5..16 Award Conference/ Periodic Meetings: The Contractor may be required to have periodic meetings to discuss project progress. 1.5..17 Special Qualifications: The minimum professional qualifications for the Principal Investigator, prehistoric and historical archeologists, and key consultants (e.g., architectural historian) are those given in 36 CFR Part 61, Appendix A - Professional Qualifications. Consultants and supervisory personnel not covered in this CFR who are hired or subcontracted for their special knowledge and expertise must carry academic and experiential qualifications in their own fields of competence. The guidelines in paragraph (b) of this regulation will apply. Such qualifications are to be documented by means of vitae or resume attachments submitted with the proposal or at a later time if the consultant has not been retained at the time of proposal. Principal Investigator must periodically check on the progress of the work each week and be available to advise or instruct personnel should any problems develop. The minimum qualifications for Geographic Information Systems Specialist are Bachelor degree in GIS, geography, computer science, with a minimum of five years related experience. Such qualifications are to be documented by means of vitae or resume attachments submitted with the proposal. The Government may send a representative to inspect the various phases of the operations and review project records with

APPENDIX H TESTING & EVALUATIONS/NATIONAL REGISTER CONTRACT EXAMPLE

prior notification. All aspects of the field examination shall be conducted by or under the direct supervision of a qualified archeologist. Any change in personnel after the award of contract must be approved by the Contracting Officer. A person replacing a vacated position must have a comparable background and knowledge of the study area to maintain the same level of expertise and quality of performance. Failure to make an acceptable replacement could result in cancellation of the contract. 1.5..18 Post Award Conference/ Periodic Meetings: The Contractor shall be required to submit a weekly progress report while completing fieldwork. The weekly report shall be submitted before the close of business every Friday and shall contain a description of fieldwork activities that took place during the week and proposed activities for the following week. 1.5..19 Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order. 1.5..20 Key Personnel: The following personnel are considered key personnel by the government: Principle Investigator, Project/Program Manager. Key personnel shall be identified before contract award. The Contractor shall provide a contract manager who shall be responsible for the performance of this work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 8:00 a.m to 4:30 p.m., Monday thru Friday except Federal holidays. 1.5..21 Identification of Contract Employees: Contract personnel shall be identified before contract award. The Contractor shall provide the name and qualifications of contracted personnel. 1.5..22 Contractor Travel: The Contractor may be required to travel for the Literature and Records Search and during the Field Investigations. This travel schedule shall be determined by the Contractor and identified in the Work Plans. 1.5..23 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights. 1.5..24 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of information or analyses, which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential

APPENDIX H TESTING & EVALUATIONS/NATIONAL REGISTER CONTRACT EXAMPLE

OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may effect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI. 1.5..25 Project Pricing: The Government shall award a fixed price contract.

APPENDIX H TESTING & EVALUATIONS/NATIONAL REGISTER CONTRACT EXAMPLE

APPENDIX I HABS / HAER DOCUMENT LEVEL III / NATIONAL REGISTER CONTRACT EXAMPLE

APPENDIX I

HABS/HAER DOCUMENT LEVEL III, NATIONAL REGISTER

CONTRACT EXAMPLE

APPENDIX I HABS / HAER DOCUMENT LEVEL III / NATIONAL REGISTER CONTRACT EXAMPLE

PERFORMANCE WORK STATEMENT HABS / HAER DOCUMENTATION LEVEL III & NATIONAL REGISTER EVALUATION (Insert Location)

Insert Date of Solicitation GENERAL: This is a non-personnel service contract to provide a Historic American Building Survey/ Historic American Engineering Record Documentation Level III, National Register Evaluation, and Nomination Form preparation. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service provider shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1. Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to develop documentation of historic buildings, sites, structures/objects. The Contractor shall also perform an investigation and analysis of sufficient intensity to prepare National Register Evaluation(s) and nomination form(s) preparation. 1.2. Background: The purpose of this work is to meet the Department of the Army's Federal preservation legislation and associated implementing regulations. The most pertinent for this investigation are the following: Public Law 74-292, Historic Sites Act of 1935, as amended; Public Law 89-665, National Historic Preservation Act of 1966 as amended; Public Law 91-190, National Environmental Policy Act of 1969 as amended; Public Law 95-341, CFR 800, CFR 36, CFR 63, 36 CFR 79, 36 CFR 1204, ER 1105-2-100, and ER 1130-2-433. 1.3. Objectives: The purpose of this work is to provide architects, engineers, scholars, and interested members of the public with comprehensive documentation to meet the standards/requirements identified by the National Park Service, for Documentation Level III. The purpose of this work is also the preparation of National Register evaluation(s) and nomination form(s) preparation. 1.4. Scope: The services to be performed will consist of the following. • Study Area: The buildings/structures to be examined are within U.S. Army Corps of Engineers (Corps) at (Insert Location). The identified buildings/structures include the (list the structures). • Work Plan: The Contractor shall prepare a plan which identified a work schedule for the entire project, safety plan, and quality control plan. The plan shall include the resumes of the individuals working on the contract. • HABS/HAER Documentation Level III: Contractor shall conduct field work to adequately explicate and illustrate what is significant or valuable about the Insert Location and Structures). The Contractor shall coordinate field work with USACE, Senior Field Archaeologist and will work closely with USACE personnel on all portions of the project. Sources to be utilized to gain information on the identified building/structures include, but are not limited to: The State Historic Preservation Office, State Archives, local libraries, state universities, USACE Project Office Archives. The documentation shall consist of measured drawings, photographs and written data that will provide a detailed record which reflects the properties significance. The documentation shall meet the standards to be considered adequate for inclusion in the HABS/HAER collection for Level III, which include but are not limited to the following: APPENDIX I HABS / HAER DOCUMENT LEVEL III / NATIONAL REGISTER CONTRACT EXAMPLE

• Drawings: sketch plan. Should help explain the structure. • Photographs: photographs with large format negatives of exterior and interior views. • Written Data: architectural data form. Should supplement the photographs by explaining what is not readily visible.

HABS and HAER documentation shall be prepared accurately from reliable sources with limitations clearly stated to permit independent verification of information. The documentation shall meet the following standards listed below:

• Measured Drawings: Measured drawings shall be produced from recorded, accurate measurements. Portions of the building that was not accessible for measurement should not be drawn on the measured drawings, but clearly labeled as not accessible or drawn from available construction drawings and other sources and so identified. No part of the measured drawings shall be produced from hypothesis or non measurement related activities. Documentation shall include a statement describing where the original drawings are located. • Large Format Photographs: Large format photographs shall clearly depict the appearance of the property and areas of significance of the recorded building, site, structure, or object. Each view shall be perspective-corrected and fully captioned. • Written History: Secondary sources may provide adequate information; if not primary research will be necessary. A frank assessment of the reliability and limitation of sources shall be included. Within the written history, statement shall be footnoted as to their sources, where appropriate. The written data shall include methodology section specifying the name of researcher, date of research, sources searched, and limitations of the project.

HABS and HAER documentation shall be prepared on materials that are readily reproducible for ease of access; durable for long storage; and in standard sizes for ease of handling. The following material standards shall be met:

• Measured Drawings: Readily reproducible ink on translucent material; durable ink on archivally stable materials. Standard sizes: 19 x 24” or 24 x 36” • Large Format Photographs: Readily reproducible prints shall accompany all negatives; durable photography must be archivally processed and stored; negatives are required on safety film only. Resin-coated paper is not accepted. Color photography is not acceptable. Three standard sizes; 4 x 5,” 5 x 7”, 8 x 10”. • Written History and Description: Readily reproducible, clean for Xeroxing, durable archival bond required. Standard sizes: 8 ½ x 11” • Field Records: Readily reproducible field notebooks may be Xeroxed. Photo indication sheet will accompany 35mm negatives and contact sheet. No durable requirement. Standard size requirement that they can be made to fit 9 ½ x 12” archival folding file.

HABS and HAER documentation shall be clearly and concisely produced. The following presentation standards shall be met:

• Measured Drawings: Sketch plans shall be neat and orderly. • Large Format Photographs: Level III standards for photographs require at a minimum, at least one photograph with a scale, usually of the principle façade. • Written History: Data shall be type written on bond, following accepted rules of grammar.

1.4.1 National Register of Historic Places Evaluation & From Preparation: The Contractor shall evaluate (Insert Location and Structures) if the properties meet the National Register Criteria for nomination. The Contractor shall coordinate field work with USACE, Senior Field Archaeologist and will work closely APPENDIX I HABS / HAER DOCUMENT LEVEL III / NATIONAL REGISTER CONTRACT EXAMPLE with USACE personnel on all portions of the project. Sources to be utilized to gain information on the identified building/structures include, but are not limited to: The State Historic Preservation Office, State Archives, local libraries, state universities, USACE Project Office Archives, information for the evaluation shall be obtained from site forms, published, unpublished reports, theses, dissertations, and manuscripts. The Contractor shall prepare a draft and final comprehensive report, which will detail the work completed, the investigation results, site descriptions, and national register recommendations.

• Report Documentation Page, SF 298. Complete all pertinent sections. The Corps shall supply this form to the Contractor. • Title Page. This will contain the title, study type, location, project name and counties, report date, name of Contractor, author/Principal Investigator, and Corps of Engineers contract number. • Abstract. This is a brief synopsis of the work conducted, number and types of cultural resources identified and overall significance, and a summary of the management recommendations, which shall not exceed 150 words. • Introduction. Identify the Corps of Engineers and contractor and the purpose for the investigation, discuss the type of investigation performed and location, and indicate the disposition of original records or other data. Discuss the report organization. • Regional Location and Environment. This is a description of the site location, including physical features and terrain, past and present vegetation and fauna, field conditions, past and present land uses, and weather conditions during fieldwork. The study area must be discussed within the larger framework of the physical region. • Previous Work. This will contain an enumeration and description of all previous cultural resources investigation(s) conducted in the study area, name(s) of Principal Investigator(s), dates of the studies, study results, and an overview of the general adequacy and deficiencies of the past work. • Overview. Detail the relationship of the cultural history study area to the regional cultural history. • Research Orientation. Develop and present theoretical and/or substantive goals and the methodology to be used in achieving them. Address problems and testable hypotheses that are realistic for this level of study. • Methods. Present the procedures used to accomplish the research design. Discuss how the fieldwork was organized, scheduled, and how the information was used. Detail the methods used to analyze the data examined in the field. • Results. The information provided in this section shall include, but shall not be limited to: site names, site numbers, site types (lithic scatter, farmstead, mound, etc.), component(s) or probable component(s), elevation, a verbal description of the topographic position of the site, site size (horizontal and vertical), present vegetation, ground surface visibility at time of field investigation (in percent), condition (discuss the known past, present, or projected impacts), discussion of the artifact and other analyses, describe features and their distribution by component, and display site and important feature maps. Colored photos shall be of good composition and identified as to subject, location, and date. • Recommendations. The results of the recommendations will be used to determine the integrity of the site(s) and supplement what is presently known. • References. Use the American Antiquity format for every publication, work, or interview cited in the report. • Appendices. Completed site forms used during the investigation, maps, photographs, and artifact catalogues. • National Register Nomination Form(s) shall be completed for each site determined eligible for listing on the National Register. • Electronic Data. All site data collected by the contractor shall undergo appropriate quality control/assurance and then be submitted as part of the Omaha District APPENDIX I HABS / HAER DOCUMENT LEVEL III / NATIONAL REGISTER CONTRACT EXAMPLE

Archeological GIS database. The information will be accessible through the GIS system without any technical difficulties. The information shall be transmitted on compact disc or other electronic media that is compatible with the current Omaha District database. Collected and generated GIS data will comply with federal geospatial data standards, including the Spatial Data Standards for Facilities, Infrastructure, and Environment. Associated metadata will comply with Federal Geographic Data Committee Content Standards for Digital Geospatial Metadata. 1.5. Deliverable and Work Schedule: The period of performance shall be one year. The deliverable and work schedule reads as follows: 1.5.1. Work Plan: The Contractor will have thirty (30) calendar days after award to provide an electronic copy (pdf format) of the Draft Work Plans to: U.S. Army Corps of Engineers, Omaha District, ATTN: CENWO-PM-AB (McClean), 1616 Capitol Ave, Omaha Nebraska 68102-4901. The draft will be edited for major spelling and grammatical errors prior to submittal for review and comment, or it will be returned for correction. The draft plans will include a work schedule, safety plan, and quality control plan. The Government shall have a maximum of ten (10) calendar days to review and comment. The Contractor shall have ten (10) calendar days after receiving comments to include them into a final plan. 1.5.2. HABS/HAER Documentation Level III: Based on the Contractor’s identified schedule in the work plan the Contractor shall conduct field work to adequately explicate and illustrate what is significant or valuable about the Garrison Dam, the intake structure, spillway structure, switchyard, and Garrison Administration building. The documentation shall meet the identified standards listed in 1.4.3 of the Scope of Work. 1.5.3. National Register of Historic Places Evaluation & Form Preparation: Based on the Contractor’s identified schedule in the work plan the Contractor shall evaluate Garrison Dam Powerhouse, the intake structure, spillway structure, switchyard, and Garrison Project Administration Building. The documentation shall meet the identified standards listed in 1.4.4 The Contractor shall prepare draft and final nomination form(s). Four (4) hardcopies and electronic copies of the draft/final report and nomination forms will be supplied to the Omaha District, which will be accessible through the Omaha District Archeological Database. The information will be accessible through the GIS system without any technical difficulties. The information will be transmitted on compact disc or other electronic media. The Contractor shall incorporate comments from the draft into the final form(s).

1.5.4. Method of Payment: Payment for services rendered will be made as follows: Twenty-five percent (25%) of the contract amount is payable upon acceptance of the Final Work Plan. Twenty- five percent (25%) of the contract is payable on the completion of HABS/HAERS, NRHP field work. Twenty-five of the contract is payable on the final submittal of all HABS/HAERS documentation. Twenty percent (20%) of the contract is payable on the draft submittal of National Register forms. The remaining five percent (5%) is payable upon acceptance on the final National Register forms.

1.5.5 General Information: The Contractor is expected to pursue the study in a professional manner to meet the target dates. Neither the Contractor nor his representatives will release or publish any sketch, photograph, report, or other material of any nature obtained or prepared under this contract without specific written approval of the Contracting Officer's Representative. The Government may, at any reasonable time, inspect the progress of the work. Such inspection, however, shall not be performed in such a way as to unduly affect the progress of the work. Final acceptance of the work will be made upon successful completion of the work required under the contract. The investigations shall be conducted on lands managed by the Corps and currently owned by the U.S. Army Corps of Engineers, Omaha District (Corps). APPENDIX I HABS / HAER DOCUMENT LEVEL III / NATIONAL REGISTER CONTRACT EXAMPLE

1.5.6. Quality Control: The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this Performance Work Statement. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. The QCP shall be included in the Work Plan. 1.5.7. Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s). 1.5.8. General Safety Requirements: The Service Contract General Provisions Section 41, Service Contract Act of 1965, as amended, subparagraph (g) requires the contractor not to permit work under this contract in unsanitary or dangerous locations. Proper health and safety standards (29 CFR 1925) are to be followed for the duration of the contract. 1.5.9. Hours of Operation: The contractor shall be required to complete the field work portion of the project between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, except Federal Holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor shall not be reimbursed when the government facility is closed for the above reasons. Requests for additional work hours shall require written approval from the Contracting Officers Representative 7 days in advance of the proposed work period. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential. 1.5.10 Recognized Holidays: The Contractor shall develop their work schedule based on the services listed in the Scope. 1.5.11 Place of Performance: The work to be performed under this contract will be performed at contractor facility and study area lands presently owned by the U.S. Army Corps of Engineers.

APPENDIX J SUMMARY OF TRADITIONAL CULTURAL PROPERTY SURVEYS

APPENDIX J

SUMMARY OF TRADITIONAL CULTURAL PROPERTY SURVEYS

APPENDIX J SUMMARY OF TRADITIONAL CULTURAL PROPERTY SURVEYS

Summary of Traditional Cultural Property Surveys Project Location Traditional Property Completion Date Survey Summary Lewis & Clark Lake / Traditional Cultural Draft Report Submitted Gavins Point Dam Property Survey for Dakota 2008 Sites Contract Closed 2009 Lake Francis Case / Fort Traditional Cultural Completed 2006 Randall Dam Property Survey for Dakota Sites; West Bank Lake Francis Case / Fort Traditional Cultural Completed 2008 Randall Dam Property Survey of Dakota Sites; East Bank Lake Sharpe / Big Bend Traditional Cultural Completed 2005 Dam Property Survey of Lower Brule Sioux Sites Lake Sharpe / Big Bend Traditional Cultural Awarded in 2011 Dam Property Survey of lands Corps anticipates contract within the exterior completion in 2014 boundaries of the Crow Creek Sioux Reservation in Buffalo, Hyde, and Hughes Counties Lake Oahe/ Oahe Dam Traditional Cultural Completed 2005 Property Survey of Cheyenne River Sioux Sites Exterior Boundaries Lake Oahe / Oahe Dam Traditional Cultural Completed 2006 Property Survey of Cheyenne River Sioux Sites East Bank Lake Oahe / Oahe Dam Traditional Cultural Completed 2006 Property Survey of Cheyenne River Sioux Sites Lake Oahe Lake Oahe / Oahe Dam Traditional Cultural Completed 2005 Property Standing Rock Sioux Sites Lake Sakakawea / Garrison Traditional Cultural Draft Report Submitted Dam Property Survey of Three 2008 Affiliated Tribes Sites Lake Contract Closed 2011 Sakakawea Lake Sakakawea / Garrison Traditional Cultural Completed 2008 Dam Property Survey of Three Affiliated Tribes Sites in

APPENDIX J SUMMARY OF TRADITIONAL CULTURAL PROPERTY SURVEYS

South Dakota

Project Location Traditional Property Completion Date Survey Summary Lake Sakakawea /Garrison Traditional Cultural Completed 2008 Dam Property Survey of Turtle Mountain Band of Chippewa Indians in North Dakota and Montana Fort Peck Lake / Fort Peck Traditional Cultural Completed 2004 Property Survey of Fort Peck Tribes of Fort Peck Lake

APPENDIX K TRADITIONAL CULTURAL PROPETRTY SURVEY CONTRACT EXAMPLE

APPENDIX K

TRADITONAL CULTURAL PROPERTY SURVEY CONTRACT EXAMPLE

APPENDIX K TRADITIONAL CULTURAL PROPETRTY SURVEY CONTRACT EXAMPLE

PERFORMANCE WORK STATEMENT

TRADITIONAL CULTURAL PROPERTY SURVEY FOR SPECIFIED CORPS OF ENGINEERS LANDS WITHIN THE EXTERIOR BOUNDARIES OF (INSERT SURVEY AREA INFORMATION) (INSERT DATE) GENERAL: This is a non-personnel service contract to conduct a traditional cultural property survey of lands currently owned by the U.S. Army Corps of Engineers that are within the exterior boundaries of the (Insert Indian Reservation), (Identify Counties), (Insert Project Area). Traditional Cultural Property (TCP) is defined as a property that is “eligible for inclusion in the National Register because of its association with cultural practices or beliefs of a living community that (a) are rooted in that community’s history, and (b) are important in maintaining the continuing cultural identity of the community.” National Park Service, National Register Bulletin 38, Guidelines for Evaluating and Documenting Traditional Cultural Properties (1990), available at www.cr.nps.gov/nr/publications/bulletins/nrb38/htm

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the Traditional Cultural Property Survey as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract. 1.2 Background: The purpose of this work is to meet the Department of the Army’s Federal preservation legislation and associated implementing regulations. The most pertinent of this investigation are the following: Public Law 74-292, Historic Sites Act of 1935, as amended; Public Law 89-665, National Historic Preservation Act of 1966, as amended; In part, the Act states: "…that historic properties under the jurisdiction or control of the agency, are identified, evaluated, and nominated to the National Register," 110(2)(A). The 2004 Programmatic Agreement for the Operation and Management of the Main Stem System, for Compliance with the National Preservation Act also requires inventory of cultural sites. The cultural sites to be identified are Traditional Cultural Properties (TCPs) as defined in NPS Bulletin 38. TCPs are unique to each cultural entity, which means only a specific tribe can identify their TCP sites. Public Law 91-190, National Environmental Policy Act of 1969, as amended; implementing regulations 36 CFR Parts 60 and 61 Appendix A; and 36CFR Part 800. The results of the study will 1) prepare managers to anticipate resource use issues that may affect their lake, and place them in a better position to understand and deal with issues in the future, and more immediately, 2) provide managers with the necessary information to address (Insert Tribe), cultural affiliation to sites within their management area and the ethnographic issues that have the potential to affect cultural resources. 1.3 Objectives: For the purposes of this contract, Traditional Cultural Property is defined as a property that is “eligible for inclusion in the National Register because of its association with cultural practices or beliefs of a living community that (a) are rooted in that community’s history, and (b) are important in maintaining the continuing cultural identity of the community.” The work will consist of the following: • Work Plan: The contractor will provide a draft plan identifying the work schedule for the literature records search, fieldwork and draft and final report. The plan shall identify the deliverable dates and a quality control plan. • Literature and Records Search: A comprehensive literature records search and interviews with tribal elders and others knowledgeable about (Insert Tribe) tribal history, culture, and location of potential TCPs. Upon completion of search Contractor shall provide the Corps with a field work plan which identifies areas to be investigated to identify TCPs.

APPENDIX K TRADITIONAL CULTURAL PROPETRTY SURVEY CONTRACT EXAMPLE • Field Investigation: Pedestrian surface survey to locate TCPs. • Report: A comprehensive report which explains the approach, methods, and results of the investigation, and recommendations for preservation of identified sites. 1.4 Scope: The work to be accomplished by the Contractor shall consist of a Traditional Cultural Property Survey of lands owned by the U.S. Army Corps of Engineers that are within the exterior boundaries of the (Insert Indian Reservation), in (Identify Counties),(Insert Lake). Under this project, the contractor shall complete a comprehensive survey to identify TCPs and to record sites utilizing Global Positioning System (GPS) equipment. All identified sites are on land under the jurisdiction of the U.S. Army Corps of Engineers, Omaha District (Corps). Identified sites may contain human remains that are vulnerable to exposure by continuing of intermittent shoreline or bank erosion. If human remains are discovered survey work must stop immediately and a call must be placed to the Emergency Messaging Center at 1-888-761-2722. The work shall be conducted in a professional manner. The following key personnel shall be identified before contract award. Program Manager shall be designated that will be assigned to this contract. This person will be the single point of contact for coordination with USACE. The Program Manager will be responsible for the overall management of the contract including, costs, schedule, and technical quality. The Program Manager shall take immediate corrective action when performance is not acceptable. After contract award, USACE Contracting Officer, shall approve replacement of any key personnel after verifying that they meet or exceed the requirements of the solicitation. Failure to make an acceptable replacement could result in cancelation of the contract. The Contractor shall furnish all labor, materials, equipment, and supplies necessary to complete the work requirements detailed below, within the schedule provided. The Contractor shall control all operations during the performance of the work to insure that the completed work will meet all the requirements of the contract. All contract employees and subcontractors will conduct themselves in a proper manner at all times. The Contractor shall work in close coordination with identified Corps personnel during all phases of the project.

1.4.1. Work Plan: The Contractor shall provide an electronic copy (pdf format) of a Draft Work Plan to: U.S. Army Corps of Engineers, Omaha District, ATTN: CENWO-PM-AB (McClean), 1616 Capitol Ave, Omaha, Nebraska 68102-4901. The draft will be edited for major spelling and grammatical errors prior to submittal for review and comment, or it will be returned for correction. The draft plan will include an individual work schedule for the study area and a quality control plan. The draft work plan will be submitted thirty (30) calendar days after the contractor has received the notice to proceed. The Government shall have a maximum of thirty (30) calendar days to review and comment. The contractor shall have thirty (30) calendar days to include the review comments into the final work plan and shall submit an electronic copy (pdf format) of the Final Work Plan. Any changes to work plan shall be approved by the Corps Cultural Resource Program Manager. 1.4.2. Literature and Records Search: Information for the literature and records search shall be obtained from published and unpublished reports, theses, dissertations, and interviews with tribal elders and others knowledgeable about (Insert Tribe) tribal history, culture, and location of potential TCPs. The background research shall be the starting point for all work. This research shall establish a broad evaluating framework, based on a set of regional concerns and site-specific topics. 1.4.3. Field Investigation: This investigation shall consist of a pedestrian survey of lands presently owned by the U.S. Army Corps of Engineers. Based on the Literature and Records Search, the Contractor will perform a pedestrian survey to identify TCPs. The field examination shall be conducted in close coordination with the U.S. Army Corps of Engineers. Field crews shall be subject to periodic onsite inspection by Corps representatives without prior notice. All vehicular traffic within the project area shall be restricted to existing roads. The Contractor shall keep clear,

APPENDIX K TRADITIONAL CULTURAL PROPETRTY SURVEY CONTRACT EXAMPLE legible standard field records available and current. Field crew shall not trespass to access sites. Remote sites may be accessed by foot, boat, jet-ski or all terrain vehicles if permitted. All Corps and (Insert Tribe) safety procedures shall be followed. The Contractor shall comply with all applicable provisions of the Programmatic Agreement for the Operation and Management of the Missouri River Main Stem System, in Compliance with the National Historic Preservation Act as amended. Identified TCPs will be mapped by use of GPS equipment and coordinates reported in UTMs. Collected and generated GIS data will comply with federal geospatial data standards, including the Spatial Data Standards for Facilities, Infrastructure, and Environment. Associated metadata will comply with Federal Geographic Data Committee Content Standards for Digital Geospatial Metadata. A GeoXT Trimble 2008 series (GPS unit) shall be used to locate and document all TCP site locations. The Corps shall loan a unit to the (Insert Tribe, Historic Preservation Office) if the designated office does not have this equipment. For loaned unit the office must agree to the terms and conditions of use listed in DA Form 4881 Agreement for the Loan of US Army Material. Newly Recorded Traditional Cultural Properties shall be recorded on a (Insert State, Cultural Resources Site Form), which will meet the minimum documentation level as defined by the Department of Interior, is, “location, style, condition, significance, or research needed to determine importance of any property.” The Site Form will not be submitted to the State, because it contains sensitive information under ARPA. The site form will be utilized within USACE, Cultural Resource Program. The Site Forms will be submitted as an appendices in the Investigative Reports. 1.4.4. Investigative Reports. The Contractor shall prepare a comprehensive draft and final investigative report (Insert Counties), which details the work done, the investigation results, and recommendations. The report shall include, but shall not be limited to the following sections: • Report Documentation Page, SF 298. Complete all pertinent sections. The Corps shall supply this form to Contractor, • Title Page. This will contain the title, study type, location, project name and counties, report date, name of Contractor, author, and Corps contract number. • Abstract. This is a brief synopsis of the work conducted, number and types of Traditional Cultural Properties identified and overall significance, and a summary of the management recommendations, which shall not exceed 150 words. • Introduction. Identify the Corps and contractor purpose for this investigation, discuss the type of investigation performed and location, and indicate the disposition of original records or other data. Discus the report organization. • Methods. Present the procedures used to accomplish the research. Discuss how the literature and records search was conducted, if interviews were conducted how information was used to determine locations to of TCPs. Detail the methods used to analyze the data recovered in the field. • Results. The information provided in this section shall include, but shall not be limited to: site names, site numbers, site types, component(s) or probable component(s) elevation, a verbal description of the topographic position of the site, site size (horizontal and vertical), present vegetation, ground surface visibility at time of field investigation, condition (discuss the known past, present, or projected impacts), discussion of the identified sites. • Recommendations. The results of the recommendations will be used to determine the integrity of the site(s) and supplement what is presently known. • References. Use the American Antiquity format for every publication, work or interview cited in the report. • Appendices. Completed site forms used during the investigation, maps, photographs. Newly Recorded Traditional Cultural Properties shall be recorded on a (Insert State, Cultural Resources Site Form), which will meet the minimum documentation level as defined by the Department of Interior, is, “location, style, condition, significance, or research needed to determine importance of any property.” The Site Form will not be submitted to the State, because it contains sensitive

APPENDIX K TRADITIONAL CULTURAL PROPETRTY SURVEY CONTRACT EXAMPLE information under ARPA. The site form will be utilized within USACE, Cultural Resource Program. The Site Forms will be submitted as an appendices in the Investigative Reports. Documentation of interviews conducted, this should include but shall not be limited to: date of interview, questions asked during interviews, responses to questions, interviewee information does not have to be identified if informant requests that they not be identified. • Electronic Data. All site data collected by the Contractor shall undergo appropriate quality control/assurance and then be submitted as part of the Omaha District Archeological GIS database. The information will be accessible through the GIS system without any technical difficulties. The information shall be recorded on the GeoXT Trimble Unit, provided by the Corps, with a data dictionary and shall be downloaded into the Omaha District Archeological Database every Friday at 9:00 am central standard time. The download must take place before the date stamp expires. If the date stamp expires the unit will not record additional information. 1.4.5. Investigative Report Format Hardcopies: The report will be prepared using Microsoft Word. The report will be divided into easily discernible chapters, with appropriate page separations and headings. The report text will be printed single spaced on good quality bond paper, 8.5 inches by 11.0 inches, with 1.5 left and bottom margins and 1 inch top and right margins. The month and year of the report shall be reflected in a footer on each page of the report. In addition, the footer will also reflect the Chapter number and name. All pages shall be numbered, including those in the appendixes. The main report shall be produced in one volume and shall boldly and clearly indicate that the document is not for public release. The report shall be organized so that sensitive maps and site forms may be removed from the report for review by the general public. Site forms and Maps shall be produced in separate volumes and shall boldly and clearly indicate that the volumes contain protected sensitive information and are not for public release. The report will use correct English grammar, and there will be no typographical errors. The documents will be edited for major spelling and grammatical errors before submittal for review and comment or it will be returned for correction. All pages will be numbered consecutively, including the bibliography and attachments. Any illustrations that might be done must be clear, legible, self-explanatory, and of sufficiently high quality to be reproduced easily by standard photocopy equipment. All photographs should be clear, distinct prints or copies with captions and a bar scale. Maps shall be clean, clear, and easily reproducible. Maps must be labeled with a caption/description, north-oriented to the top of the page, and will contain a scale, north arrow, legend, township and range, map size and date, and map source (USGS quad name or published source). Any photographs that might be taken shall be of good composition and identified as to subject, location, and date. The contractor will reproduce all graphics for the report, such as maps, drawings, pictures, etc. in standard graphics formats such as .GIF, tiff, jpeg, .bmp, etc. 1.4.6. Investigative Report Format Electronic Files: Electronic copies of final report and all accompanying appendixes will be supplied to the Omaha District which will be accessible through the Archeological Database. The electronic copies shall include, but shall not be limited to, the following: • Electronic Site Form (Data Dictionary Provided By the Corps). A site number (ex 39BFTC0001), site type, component(s) or probable component(s), site name, site visit date, present vegetation, ground surface visibility at time of investigation, condition (discuss the known past, present, or projected impacts), discussion of the identified TCP site. • If photographs are taken they shall be submitted in standard graphic formats such as GIF, tiff, jpg, bmp, etc., photos shall be submitted with a separate word or excel file identifying what each picture is (example site 39BFTC0001). • If digital maps are produced they shall be provided in the following format: maps shall be labeled with a caption/description, north oriented to the top of a page, and will contain a scale, north arrow, legend township and range, map size and date, map source. • Newly Recorded Traditional Cultural Properties shall be recorded on a (Insert State, Cultural

APPENDIX K TRADITIONAL CULTURAL PROPETRTY SURVEY CONTRACT EXAMPLE Resources Site Form), which will meet the minimum documentation level as defined by the Department of Interior, is, “location, style, condition, significance, or research needed to determine importance of any property.” The Site Form will not be submitted to the State, because it contains sensitive information under ARPA. The site form will be utilized within USACE, Cultural Resource Program. Each site form will be submitted in pdf format.

1.5 Deliverable and Work Schedule: It is anticipated that the period of performance shall be two (2) years after Notice to Proceed (NTP). The deliverable and performance schedule reads as follows: 1.5.1. Work Plan. The Contractor shall have sixty (60) calendar days after receiving NTP the Contractor to prepare a draft work plan (one electronic copy pdf. format) submitted to U.S. Army Corps of Engineers, Omaha district ATTN: CENWO-PM-AB (McClean), 1616 Capitol Ave, Omaha, Nebraska 68102-4901. The draft will be edited for major spelling and grammatical errors prior to submittal for review and comment, or it will be returned for correction. The plan will include a work schedule for the literature and records search, field work schedule, and investigative report schedule. The Government shall have fifteen (15) calendar days to review and comment. The Contractor shall have a maximum of thirty (30) calendar days to revise plan. The final edited work plan will be provided in electronic pdf format. The Government shall review and provide acceptance of final plan within thirty (30) calendar days. 1.5.2. Literature and Records Search. Upon acceptance of the work plan the Contractor shall have one hundred-twenty (120) calendar days to perform a literature and records search. The literature and records search shall be the starting point for all work. Upon completion of the research the Contractor shall submit a field work schedule identifying areas that will be investigated to identify TCP sites. 1.5.3. Field Investigation. Thirty calendar days after completion of the literature and records search the Contractor shall begin field work. It is anticipated that field work will be completed in one hundred-twenty (120) calendar days. 1.5.4. Investigative Reports. The Contractor shall produce one Traditional Cultural Property Survey Report for (Insert Area). The Contractor shall submit an electronic draft report one hundred- twenty (120) calendar days after the completion of fieldwork to U.S. Army Corps of Engineers, Omaha district ATTN: CENWO-PM-AB (McClean), 1616 Capitol Ave, Omaha, Nebraska 68102- 4901. The Government shall have a maximum of forty (40) calendar days to review and comment. The Contractor shall have a maximum of sixty (60) calendar days to revise report. The final edited report will be provided in hardcopy and electronic pdf format, meeting the specifications identified in 1.4.5 and 1.4.6. The Government shall review and provide acceptance of final report within a maximum of forty (40) calendar days. 1.5.5. Electronic Data: All site data collected by the contractor shall undergo appropriate quality control/assurance and then be submitted as part of the Omaha District Archeological GIS database. The information will be accessible through the GIS system without any technical difficulties. The information shall be transmitted on compact disc or other electronic media that is compatible with the current Omaha District database. Collected and generated GIS data will comply with federal geospatial data standards, including the Spatial Data Standards for Facilities, Infrastructure, and Environment. Associated metadata will comply with Federal Geographic Data Committee Content Standards for Digital Geospatial Metadata. All electronic data shall comply with the specifications identified in the Scope. 1.5.6. Method of Payment: Payment for services rendered will be made as follows. Twenty-five percent (25%) of the contract amount is payable upon acceptance of the Final Work Plans. Fifty percent (50%) of the contract amount is payable upon the completion of fieldwork. Twenty percent (20%) of the contract amount is payable upon receipt of the draft reports by the Government. The remaining five percent (5%) will be paid upon the Government’s acceptance of the final reports.

APPENDIX K TRADITIONAL CULTURAL PROPETRTY SURVEY CONTRACT EXAMPLE 1.6 General Information: The Contractor is expected to pursue the study in a professional manner to meet the target dates. Neither the Contractor nor his representatives will release or publish any sketch, photograph, report, or other material of any nature obtained or prepared under this contract without specific written approval of the Contracting Officer's Representative. The Government may, at any reasonable time, inspect the progress of the work. Such inspection, however, shall not be performed in such a way as to unduly affect the progress of the work. Final acceptance of the work will be made upon successful completion of the work required under the contract. 1.6.1 Quality Control: The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this Performance Work Statement. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. The QCP shall be included in the Work Plan, which will be submitted sixty (60) calendar days after the Contractor has received the NTP. 1.6.2 Quality Assurance: The Government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s). 1.6.3 General Safety Requirements: The Service Contract General Provisions Section 41, Service Contract Act of 1965, as amended, subparagraph (g) requires the contractor not to permit work under this contract in unsanitary or dangerous locations. Proper health and safety standards (29 CFR 1925) are to be followed for the duration of the contract. 1.6.4 Recognized Holidays: The Contractor shall develop their work schedule based on the identified services. 1.6.5 Hours of Operation: N/A 1.6.6 Place of Performance: The work to be performed under this contract will be performed at the Contractor’s facility. 1.6.7 Type of Contract: The Government will award a fix price contract. 1.6.8 Security Requirements: N/A 1.6.9 Physical Security: The Contractor shall be responsible for safeguarding all government material information provided for contractor use. 1.6.10 Post Award Conference/ Periodic Progress Meetings: The contractor shall be required to have a kick off meeting with the Omaha District Cultural Resource Program and the Project Office, to review project goals. Contractor shall be required to provide progress reports. 1.6.11 Contracting Officer Representative COR: The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order. 1.6.12 Contractor Travel: The Contractor may be required to travel for meetings. Travel schedule shall be determined by the Contractor. 1.6.13 Data Rights: The Government has unlimited rights to all documents/materials produced under this

APPENDIX K TRADITIONAL CULTURAL PROPETRTY SURVEY CONTRACT EXAMPLE contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights. 1.6.14 Original Conflict of Interest: Contractor and any subcontractor personnel performing work under this contract may receive, have access to or participate in the development of information or analyses, which may create a current or subsequent Organizational Conflict of Interest (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI. 1.6.15 Project Pricing: The Government shall award a fixed price contract.

APPENDIX L SUMMARY OF STABILIZATION PROJECTS

APPENDIX L SUMMARY OF STABILIZATION PROJECTS APPENDIX L SUMMARY OF STABILIZATION PROJECTS

APPENDIX L SUMMARY OF STABILIZATION PROJECTS

Summary of Stabilization Projects Project Location Summary of Project Completion Date Lewis & Clark Lake / Gavins Terrace Complex Completed 2005 Point Dam 39BO0045, 39BO0053, 39BO0056, 39BO0057, 39BO0058, 39BO0059, 39BO0201, 39YK0201, 39YK0203 Lewis & Clark Lake / Gavins Lesterville Completed 2005 Point Dam 39YK0209 Lewis & Clark Lake / Gavins Terrace Complex Anticipated to be completed Point Dam 39BO0044 in 2015 Lake Francis Case / Fort Randall White Swan (St. Phillips Complex) Completed 2004 Dam 39CH009, 39CH009B, 39CH009C Lake Francis Case / Fort Randall Fort Randall Chapel Completed 2004 Dam 39GR0015 Lake Francis Case / Fort Randall Fort Lookout (White River Agency) Completed 2009 Dam 39LM0057 Lake Francis Case / Fort Randall Fort Randall Chapel Completed 2008 39GR0015 Lake Francis Case / Fort Randall Fort Randall Chapel Completed 2011 39GR0015 Lake Francis Case / Fort Randall Oacoma Site Phase I Completed 2011 39LM0011, 39LM0026, 39LM0027, 39LM00085 Lake Francis Case / Fort Randall Swanson Site Completed 2011 39BR0016 39BR0013 Lake Francis Case / Fort Randall Dineheart Village Anticipated to be complete 39LM0031, 0033 2014 Lake Francis Case / Fort Randall Fort Lookout II Anticipated to be complete 39LM0057 2014 Lake Francis Case / Fort Randall No Name Anticipated to be complete 39LM0059 2014 Lake Sharpe / Big Bend Dam Cattle Oiler (Bill Thompson) Completed 2004 39ST0224 Lake Sharpe / Big Bend Dam Short Creek Completed 2004 39LM0007 Lake Sharpe / Big Bend Iron Nation Completed 2009 39LM0222, 39LM0002, 39LM0227 Lake Sharpe / Big Bend Jandreau (Pilot Project) Completed 2007 39LM0225 Lake Sharpe / Big Bend Jiggs Thompson Completed 2006 APPENDIX L SUMMARY OF STABILIZATION PROJECTS

39LM0208 Summary of Stabilization Projects Project Location Summary of Project Completion Date Lake Sharpe / Big Bend Eagle Feather and Red Thunder Completed 2006 39ST0228, 39ST0229 Lake Sharpe / Big Bend Buffalo Calf Completed 2007 39ST0218 Lake Sharpe / Big Bend Crow Creek Anticipated to be complete 39BF0011 2014 Lake Sharpe / Big Bend Old Fort Thompson Phase I Anticipated to be complete 39BF0013A 2014 Lake Sharpe / Big Bend Lame Deer Completed 2007 39ST0219

Lake Sharpe / Big Bend Prairie Owl Completed 2007 39ST0222 Lake Sharpe / Big Bend Ketchen and Big Eagle Site Completed 2007 39ST0223, 39ST0226 Lake Sharpe / Big Bend Rosseau Completed 2007 39HU0102 Lake Sharpe / Big Bend Little Cherry Completed 2008 39HU0126 Lake Sharpe / Big Bend Howes Completed 2008 39HU0203 Lake Sharpe / Big Bend DeGrey Completed 2010 39HU0205, 39HU0241 Lake Sharpe / Big Bend Bowmen West and East Completed 2010 39HU0204 Lake Oahe / Oahe Dam Fort Rice Completed 2003 32MO0002 32MO003 32MO004 32MO0102 Lake Oahe / Oahe Dam Jake White Bull Completed 2003 39CO006 39CO207 Lake Oahe / Oahe Dam Leavenworth Completed 2003 39CO0009 39CO0131 Lake Oahe / Oahe Dam Swan Creek Completed 2005 39WW0007 Lake Oahe / Oahe Dam North Cannonball Completed 2006 32MO0001 Lake Oahe / Oahe Dam Grand River Village Completed 2007 39CO0014 APPENDIX L SUMMARY OF STABILIZATION PROJECTS

Lake Oahe/ Oahe Dam Fort Rice Completed 2008 32MO0002 32MO003 32MO004 32MO0102

Summary of Stabilization Projects Project Location Project Location Project Location Lake Oahe/ Oahe Dam Jake White Bull Completed 2008 39CO006 39CO207 Lake Oahe/ Oahe Dam Huff Quad Completed 2007 32MO0098 Lake Oahe/ Oahe Dam Rice Creek (Upper Fort Rice Village) Completed 2009 32EM0204

Lake Oahe/ Oahe Dam Moreau River Village Completed 2010 39DW001 Lake Oahe/ Oahe Dam Old Kennel Site Completed 2011 39CO003 Lake Sakakawea/ Garrison Dam Crow Flies High Completed 2004 32MN0010 Lake Sakakawea/ Garrison Dam Nishu Point (Nishu Bay) Completed 2005 32ML0344 32ML0763

Lake Sakakawea/ Garrison Dam Old Mouse Cemetery Completed 2007 (No Site Number) Lake Sakakawea/ Garrison Dam Crows Hear Cemetery (No Site Number) Lake Sakakawea/ Garrison Dam Beacon Island Completed 2005 32MN0233 32MN0234 Lake Sakakawea/ Garrison Dam Government Bay Completed 2008 32ML0652 Lake Sakakawea/ Garrison Dam North Cannonball Completed 2005 32MO001 Lake Sakakawea/ Garrison Dam Historic Cemetery (Wash Family) Completed 2006 32DU0786 Lake Sakakawea/ Garrison Dam Charging Eagle Bay Completed 2007 32DU0298 Fort Peck Lake/ Fort Peck Dam Rattlesnake Terrace Site Completed 2005 24PH2974

APPENDIX L SUMMARY OF STABILIZATION PROJECTS

APPENDIX M SUMMARY OF PRESERVATIOMN / PROTECTION PROJECTS

APPENDIX M SUMMARY OF PRESERVATION/ PROTECTION PROJECTS

APPENDIX M SUMMARY OF PRESERVATIOMN / PROTECTION PROJECTS

Summary of Preservation/ Protection Projects Project Location Summary of Project Completion Date Lake Francis Case / Fort Randall Fort Randall Chapel. The Project completed in 2004. Dam Chapel was built in 1875, and retains elements of the Gothic Revival style. A freestanding roof system that mimics the historic lines was constructed over the ruins to protect the remaining structure. Lake Sakakawea / Garrison Dam Beacon Island Site. This site is a Project completed in 2005. Paleo-Indian archeological site. It lies 15 feet below the maximum operating pool level. Therefore, half of the site has been destroyed by shoreline erosion. Through a Save Americas Treasures grant from the National Trust for Historic Preservation Omaha District GIS Archeological Database The Corps is still in the process Conversion. In 2004 the Omaha of converting GIS information District established an internal into an Oracle database. The GIS database system AVCR to interface has been completed. As maintain all archeological data funds become available the Corps and a public database that federal would like to continue updating and state partners could utilize the GIS database. after receiving a pass code. The Corps received complaints about the database. Based on the comments the Corps determined to update the database to make it more efficient. Omaha District Archeological Resource Completed in 2006. Protection Act Training 2006. To address Stipulation 12 and 14 of the PA the Corps sponsored a three day training course on March 13-15, 2006 in Bismarck, North Dakota. Omaha District Archeological Resource Completed in 2009. Protection Act Training 2009. To address Stipulation 12 and 14 of the PA the Corps sponsored a three day training course on March 24-26, 2009 in Bismarck, North Dakota. Fort Peck Lake / Fort Peck Dam Paleontological Protection. A Completed in 2009 Tyrannosaurus Rex commonly referred to as the Peck’s Rex was previously recovered on a large track of land currently under the management of the Corps. The Tyrannosaurus Rex is on display

APPENDIX M SUMMARY OF PRESERVATIOMN / PROTECTION PROJECTS

at the Fort Peck Dam Interpretive Center and Museum. The Cultural Resource Program received funding from the American Recovery and Reinvestment Act of 2009. Omaha District Erosion Survey Model. In 2007 Completed 2008. a contract was awarded to develop a statistical model to assist in prioritizing stabilization projects. The Contractor developed a statistical model to measure erosion rates. The model required additional soil information to accurately measure erosion rates. Omaha District Erosion Survey Model Phase II. Completed in 2011. The Cultural Resource Program received funding from the American Recovery and Reinvestment Act of 2009, which was utilized to collect soil information, data compilation, model set-up, calculation, evaluation, and final statistical model and report. Lake Francis Case / Fort Randall Preservation Displays. The Contract awarded in 2011. The Dam development of displays for a tipi Corps anticipates project to be exhibit at the Visitor Center and completed in 2013. to replace outdoor interpretive panels long the half mile trail at the Fort Randall Historic Site. Main-Stem Archaeological Main-Stem Archaeological Contract awarded in 2012. The Assessments / Post Flood Assessments. Examination of Corps anticipates projects to be sites throughout the main-stem completed in 2016. system to examine 20011 Flood Event damages.

APPENDIX N SUMMARY OF ENFORCEMENT MOA ACTIVITIES

APPENDIX N

SUMMARY OF ENFORCEMENT MOA ACTIVITIES

APPENDIX N SUMMARY OF ENFORCEMENT MOA ACTIVITIES

Summary of Enforcement MOA Activities Date & Location of Meeting Summary February 11-12, 2002, Phase 1 of the Discussed Cultural Resource Program Programmatic Agreement; Bismarck, North Dakota June 20-21, 2002, Phase 1 of the Discussion of the Draft Programmatic Programmatic Agreement; Bismarck, Agreement and received comments North Dakota regarding the protection of Cultural Resource Sites. Discussion of the Cultural Resource Monitoring and Enforcement Plan. August 6-7, 2002, Tribal Working Group Corps explained that Corps Rangers only Task Force Meeting; New Town, North have citation authority. Therefore, the Dakota. Corps would have to work with other federal, tribal, and state agencies. August 6-7, 2002, Phase 1 of the Tribal representatives expressed concerns Programmatic Agreement; New Town, regarding cultural resource site protection North Dakota and enforcement of Cultural Resource Laws. Corps Ranger explained Corps enforcement authorities and expressed the need to work with agencies that have ARPA, and NAGPRA authority. During this meeting it was decided that enforcement could be improved by including it as one of the Stipulations in the PA. October 10, 2002, Phase 1 of the No meeting minutes or documentation for Programmatic Agreement; New Town, this meeting. North Dakota December 17-19, 2002, Phase 1 of the No meeting minutes or documentation for Programmatic Agreement; Rapid City, this meeting. South Dakota July 29-30, 2003, Phase 2 of the Corps presented the Draft Programmatic Programmatic Agreement; Pierre, South Agreement and Draft Interagency Dakota Agreement for the Provision of Law Enforcement Services. 1. Corps received request that an agreement include a provision for the BIA to be allowed to detain, arrest and confiscate items from looters within the exterior boundaries of reservation lands. 2. Corps committed to developing an Enforcement MOA, which would

APPENDIX N SUMMARY OF ENFORCEMENT MOA ACTIVITIES

have local, state, and federal agency cooperation. 3. Corps received request that the Department of Justice provide ARPA authorities. 4. Corps committed to notifying officials of these requests. September 16-18, 2003, Phase 2 of the Corps presented the Draft Programmatic Programmatic Agreement; Rapid City, Agreement and Draft Interagency South Dakota Agreement for the Provision of Law Enforcement Services. Tribal representatives expressed concerns regarding jurisdictional authorities. November 18-20, 2003, Phase 2 of the Meeting was focused on the PA and did not Programmatic Agreement; Bismarck, include a discussion of Enforcement issues. North Dakota January 5-6, 2004, Phase 2 of the Meeting was focused on the PA and did not Programmatic Agreement; Pierre, South include a discussion of Enforcement issues. Dakota. March 2-3, 2004, Phase 2 of the Tribal representatives voiced their concerns Programmatic Agreement; Rapid City, regarding enforcement and protection of South Dakota. cultural resource sites. March 12-13, 2004, Phase 2 of the Corps presented the Final Programmatic Programmatic Agreement; Lower Brule, Agreement and Draft Interagency South Dakota Agreement for the Provision of Law Enforcement Services. 1. Corps received request to develop MOA with the Bureau of Indian Affairs, U.S. Fish and Wildlife Service, and tribal and local law enforcement agencies. 2. Corps received request from tribal representatives to have the PA strengthen their cultural resource law authorities. 3. Corps received request to directly fund cultural resource enforcement. 4. Corps committed to developing an MOA.

October 12-14, 2004, Cultural Resource Meeting to discus the Corps Draft Enforcement Meeting; Pierre, South Enforcement MOA and Draft Monitoring Dakota and Enforcement Plan and press conference to notify the public of cultural resource laws. During this meeting the Draft MOA and Draft Monitoring and Enforcement

APPENDIX N SUMMARY OF ENFORCEMENT MOA ACTIVITIES

Plan where discussed.

1. Corps expressed the need of enforcement personnel having the credentials to prepare ARPA court cases. 2. Corps received request that tribal people receive the required credentials. 3. Discussion of separate MOAs being developed for each lake, creating enforcement teams. 4. Corps received request that tribal police officers receive credentials to arrest for cultural resource violations. 5. Corps Cultural Resource Program Manager requested to provide all the need law enforcement credentials. 6. Corps received questions regarding the Enforcement MOA being separate from the PA. The Corps explained the Enforcement MOA was being pursued as a separate document because law enforcement agencies would not be involved with the overall activities of the PA. This would also allow non PA signatories to participate in enforcement activities. 7. Tribal representatives requested the Corps to develop an agreement with an integrated approach with enforcement agencies working together. 8. Corps received request for cross- deputization. 9. Corps received request that the Draft Monitoring Enforcement Plan provide monitors with enforcement authorities. November 30- December 2, 2004, Meeting to discus the Corps Draft Monitoring & Enforcement Plan Enforcement MOA and Draft Monitoring Development; Bismarck, North Dakota. and Enforcement Plan. 1. Corps received request for enforcement teams be established at

APPENDIX N SUMMARY OF ENFORCEMENT MOA ACTIVITIES

each Lake. 2. Corps received request that ARPA training be provided to tribal and state partners. 3. Corps received request from Three Affiliated Tribes, representative that tribal law enforcement receive the authority to arrest looters. 4. Corps committed to providing ARPA training every three years. 5. Corps committed to investigating enforcement authorities and modifying the Draft MOA. November 30- December 2, 2004, Day Meeting to discus the Corps Draft Two, Monitoring & Enforcement Plan Enforcement MOA and Draft Monitoring Development; Bismarck, North Dakota. and Enforcement Plan. 1. Corps Cultural Resource Program Manager explained that the Enforcement MOA was a separate document from the PA, and was not intended to be developed as a voting document. Since, the document was separate it did not have to reach consensus of the PA group like the PA. Would only be discussed at Semi-Annual Meetings if someone requested it as an Agenda item. However, is not a requirement of the PA. January 4, 2005, Conference Call No meeting minutes or documentation for regarding Enforcement Authorities this meeting.

April 13-14, 2005, Draft Monitoring & Corps discussed the Draft Monitoring and Enforcement Meeting; Pierre, South Enforcement Plan. No discussion of the Dakota Enforcement MOA took place. May 31- June 2, 2005, PA Semi-Annual The Corps explained the format of the Consultation Meeting; Pierre, South Annual Report and discussed the Draft Dakota Monitoring and Enforcement Plan, and the Draft Enforcement MOA. The Corps did not collect comments regarding these documents.

APPENDIX N SUMMARY OF ENFORCEMENT MOA ACTIVITIES

Date & Location of Meeting Summary November 15-17, 2005, PA Semi- Annual During this meeting the Corps discussed Consultation Meeting; Pierre, South contracting with tribes to assist the Corps Dakota in their monitoring efforts. April 18-20, 2006, PA Semi-Annual Tribal representatives requested the Corps Consultation Meeting; New Town, North provide multi-jurisdictional authorities to Dakota. enforcement teams. During this meeting the Corps explained their limited law enforcement authorities and the intent of the MOA was to get signatory agencies to work together. A representative of Cheyenne River Sioux Tribe stated, a “Northern Plains Drug Task Force MOU,” had been developed which provided signatories authorities. Cheyenne River Sioux Tribe committed to utilizing the MOU as a template and having a completed MOU no latter than November 2006. May 31- June 2, 2006, PA Semi Annual During this meeting the Corps received Consultation Meeting; Pierre, South requests to extend the authorities of Corps Dakota Rangers to arresting capabilities. During this meeting the Corps received a request to hold a specific meeting to address the Enforcement MOA. July 25-27, 2006, Enforcement MOA, The Enforcement MOA Meeting was held NAGPRA, CRMPs Meeting; Pierre, South July 25, 2006 in Pierre, South Dakota. Dakota During this meeting the Corps presented a new Draft MOA the Corps had developed based on all the previous comments received. During this meeting the Corps received comments regarding the new MOA. Tribal representatives from Cheyenne River Sioux Tribes and Three Affiliated Tribes committed to developing an MOA together and then sharing it with the PA group during the November Semi- Annual Consultation Meeting. August 2006, Consultation Letter The Corps made corrections to the Draft Regarding Revised Draft MOA MOA and sent the revised draft out for comment. The Corps received no additional comments regarding the MOA. December 11-14, 2006, PA Semi-Annual During this meeting the Corps discussed Consultation Meeting; Rapid City, South several important items concerning the Dakota Enforcement MOA, which are summarized below.

APPENDIX N SUMMARY OF ENFORCEMENT MOA ACTIVITIES

1. The Corps had received several requests to cross-deputize tribal officers so they could arrest for Archeological Resources Protection Act and Native American Graves Protection and Repatriation Act violations. The Corps explained that the Corps could not cross-deputize for these authorities because the Corps does not retain these authorities. The Corps has a responsibility to implement the law. However, maintains no authority to enforce the laws. The Corps added a section in the Draft MOA, which listed authorities. 2. Cheyenne River Sioux Tribe, Attorney explained that the “Safe Trails Drug Enforcement Task Force MOU” could be utilized as a model to establish an MOU and committed to developing an MOU. 3. It was determined at the meeting the Corps would not pursue an MOA until the Cheyenne River Sioux Tribe’s MOU had been established. 4. The Corps shared a Draft Scope of Work (SOW) for U.S. Fish and Wildlife Service Archeological Resource Protection Act Enforcement Support. The purpose of the SOW was to hire an agent who would be able to enforce cultural resource laws. Richard Moore, Chief of Natural Resources explained that his office chose to develop the SOW because the U.S. Fish and Wildlife Service had ARPA, NAGPRA, and Endangered Species violation authorities and the ability to prepare cases for prosecution. The Corps received a request for the SOW to be sent out for review and comment.

APPENDIX N SUMMARY OF ENFORCEMENT MOA ACTIVITIES

Date & Location of Meeting Summary January 17, 2007, Consultation Letter An official letter dated January 17, 2007 was sent requesting comments regarding the SOW. The Corps collected comments regarding the SOW and incorporated them into a modified SOW. May 15-17, 2007, PA Semi-Annual 1. The Corps presented the modified Consultation Meeting; Aberdeen, South SOW for the U.S. Fish and Wildlife Dakota Service Agent and explained how the agent would be able to investigate cultural resource law violations and prepare cases for prosecution. 2. The Corps explained that this would provide immediate law enforcement capabilities while an Enforcement MOU was being developed. The position was advertised from May to July 2007. The most qualified candidate was selected in September 2007. In November 2007 U.S. Fish and Wildlife Special Agent, Brad Merril began his position and is currently located in Pierre, South Dakota. 3. During the meeting Cheyenne River Sioux Tribe committed to continuing their efforts in developing an Enforcement MOU. November 28-29, 2007, PA Semi-Annual The Cheyenne River Sioux Tribe provided Consultation Meeting; Rapid City, South a Draft of the Enforcement MOU they were Dakota. pursuing. During this meeting the Corps Cultural Resource Program Manager stated the Corps would put their efforts in developing an Enforcement MOA on hold until Cheyenne River developed their MOU.

APPENDIX N SUMMARY OF ENFORCEMENT MOA ACTIVITIES

Date & Location of Meeting Summary May 13-14, 2008, PA Semi-Annual The Corps provided an update on the Draft Consultation Meeting; Livingston, Monitoring and Enforcement Plan. During Montana. the meeting it was determined that no revisions would be made to the plan until the completion of the Cheyenne River MOU, which could be utilized as a template for the development of other agreements.

November 18-19, 2008, PA Semi-Annual The Cheyenne River Sioux Tribe provided Meeting; Sioux Falls, South Dakota. an update on the status of the Enforcement MOU explained they were trying to get local counties to support the agreement. June 2-3, 2009, PA Semi-Annual Meeting; The Cheyenne River Sioux Tribe provided Spearfish, South Dakota. an update on the status of the Enforcement MOU explained they were continuing their efforts in developing the Enforcement MOU. November 17-18, 2009, PA Semi-Annual Cheyenne River Sioux Tribe explained Meeting; Pierre, South Dakota. they had met with the U.S. Attorney General Office and they suggested that another entity should take the lead in pursuing the Enforcement MOU. Cheyenne River Sioux Tribe will be scheduling a meeting to discuss the MOU. The Cultural Resource Program Manager committed to attend this meeting and will provide further details regarding the MOU after the meeting. April 26-27,2011, PA Semi-Annual Cheyenne River Sioux Tribe provided Meeting; Sioux Falls, South Dakota update on efforts in the development of the Enforcement MOU. The Corps the Cultural Resource Programs Draft Monitoring & Enforcement Plan, April 2005. During the meeting it was determined that no revisions would be made to the plan until the completion of the Cheyenne River MOU, which could be utilized as a template for the development of other agreements. The Corps provided an update on enforcement issues.

APPENDIX N SUMMARY OF ENFORCEMENT MOA ACTIVITIES

Date & Location of Meeting Summary November 15-16, 2011, PA Semi-Annual Cheyenne River Sioux Tribe presented Meeting; Pierre, South Dakota Enforcement MOU. The Corps provided update on enforcement efforts. The Corps will continue their cooperating support of the efforts of the Cheyenne River Sioux Tribe in the development of an Enforcement Memorandum of Understanding. April 24, 2012, PA Semi-Annual Meeting; South Dakota United States Attorney’s Bismarck, North Dakota Office, First Assistant & Tribal Liaison, Randy Seiler. Presentation explained evidence procedures in criminal cases. Addressed how artifacts obtained in an investigation are handled. April 24-25, 2012, PA Semi-Annual Meeting attendees agreed to have the Corps Meeting; Bismarck, North Dakota revise the Monitoring and Enforcement Plan, dated 2005. Purpose of revising the plan would be to update the Monitoring portion to reflect current monitoring activities and procedures. November 14-15, 2012, PA Semi-Annual The Corps explained that upon examining Meeting; Pierre, South Dakota the Monitoring and Enforcement Plan, dated 2005 to update the monitoring portion would cause significant changes to the document. Meeting attendees agreed to have the document separated into two documents. It was determined the Corps would create a Monitoring Plan and would wait on the Enforcement Portion. December 4, 2013, Consultation Letter The Corps provided the “Draft Cultural Resource Site Monitoring Plan to PA signatories and non-signatories for a sixty day review and comment period.