United States Department of the Interior

BUREAU OF LAND MANAGEMENT
Wyoming State Office
P.O. Box 1828
Cheyenne, Wyoming 82003-1828

Rodney Vaughn
U.S. Department of Transportation
Federal Highway Administration
Wyoming Division
1916 Evans Avenue
Cheyenne, WY 82001-3716

Dear Mr. Vaughn,

This letter is in reference to new Interagency Agreement No. KAI031002, for the Management of Cultural Resources on Federal Aid Highway projects. Enclosed is an original signed copy of the agreement for your records.

If you have any questions, please call me at (307) 775-6057.

Sincerely,

Lou Maestas
Contracting Officer

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United States Department of the Interior

1510 (951)

BUREAU OF LAND MANAGEMENT
Wyoming State Office
P.O. Box 1828
Cheyenne, Wyoming 82003-1828

April 17, 2003

Memorandum

To: Tim Nowak, BLM-WY930

From Lou Maestas, Contracting Officer (CO)

Subject: Appointment as Contracting Officer's Representative (CUR), for Interagency Agreement No. KAI031002 with the Federal Highway Administration

1. You are hereby appointed as CUR for the above referenced Interagency Agreement.

2. This appointment shall remain in effect for the life of the agreement unless.

1. The appointment is terminated in writing by the undersigned CO or by a successor CO.
2. You are reassigned.
3. Your employment with the Government is terminated.

3. Forward a copy of the attached COR Certification to the CO, prior to initiation of performance under this agreement.

4. You shall represent the CO for all technical matters that arise under this Interagency Agreement (IA). In this respect, you:

1. Shall familiarize yourself with the terms and conditions of this IA and particularly those which fall within the area of your authority;
2. Shall remain cognizant of the recipient's technical efforts and progress, and discuss these matters with the recipient's representative, as appropriate;
3. May respond to the recipient's inquiries on purely technical aspects of the IA;
4. Shall review the recipient's progress reporting to determine if there has been technical and/or physical progress commensurate with the level of expenditures;
5. Shall advise the CO of any unusual problems affecting the progress or cost of the IA;
6. If designated to do so in the IA, you shall inspect the supplies and/or services delivered for conformance with the Statement of Work requirements and recommend to the COR acceptance or rejection of the supplies and/or services.

5. Notwithstanding the authorities delegated in paragraph 4 above, you:

1. Shall not re-delegate any authority to any other person;
2. Shall not change any of the terms or conditions or sign any modifications to the IA;
3. Shall not obligate the payment of any money by the Bureau of Land Management; and,
4. Shall not cause the recipient to incur costs, not otherwise covered by the IA, with the expectation that such costs will be reimbursed by the Bureau of Land Management.

6. Contact the CO for guidance in the event you are in doubt as to the extent of your authority or in any circumstance not covered above.

7. Forward to the CO a copy of all correspondence initiated by you to the cooperator. This shall include memoranda of verbal discussions of a significant nature.

Form 1681-3 (July 1998) UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT REIMBURSABLE WORK AUTHORIZATION (RWA), INTER/INTRA-AGENCY AGREEMENT (IA)			PAGE 1 of 2 PAGES
REIMBURSABLE WORK AUTHORIZATION (BLM to perform work as described herein for the agency named in item 6)	X INTER-AGENCY/1NTRA-AGENCY AGREEMENT (To have work performed for ELM by the agency named in item 6a)		1. Fiscal Year (s) FY2003-2008
2. ELM RWA Project No./BLM IA No. KA1031002	3. Check appropriate box X Original	___ Modification No. ___	___ Task Order No.___
4. Under the authority of (Cite authorities): ___ 43 U.S.C. 1701 et seq., (FLPMA) ___ Department of the Interior Appropriation Act for FY		___ 31 U.S.C. 3535 (the Economy Act) X Other Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470 f)
5. Description of Work (If more space is needed, attach additional sheets); MANAGEMENT OF CULTURAL RESOURCES ON FEDERAL-AID HIGHWAY PROJECTS The purpose of this agreement between the Bureau of Land Management and the Federal Highway Administration is to cooperate in the management of cultural resources on federal aid highway projects in Wyoming pursuant to Title 23 U.S.C. (See Attachment I for Statement of Work, Responsibilities, and other Terms and Conditions)
6. Name, Address, and Telephone No of ELM Contracting Officer Lou Maestas Bureau of Land Management P.O. Box 1828 5353 Yellowstone Road Cheyenne, WY 82003    Phone No. (307) 775-6057		6a. Name, Address, and Telephone No. of FHWA Authorized Official U.S. Department of Transportation Federal Highway Administration, Region 8 Wyoming Division 1916 Evans Avenue Cheyenne, WY 82001
6b. Name, Address, and Telephone No. of BLM Technical Representative Tim Nowak Bureau of Land Management P.O. Box 1828 5353 Yellowstone Road Cheyenne, WY 82003    Phone No: (307) 775-6035		6c. Name, Address, and Telephone No. of FHWA Technical Representative U.S. Department of Transportation Federal Highway Administration, Region 8 Wyoming Division 1916 Evans Avenue Cheyenne, WY 82001    Phone No: (307) 772-2012
Billing Date	BLM		FHWA
7. Agency Location Code	7a. 14-11-0008		7b.
8. Fund Account Symbol	8a.		8b.
9. Account/Cost Structure	9a.		9b.
10. Procurement Document Number	10a.		10b.
11. For RWA: Participating Agency's S Amount Obligated		12. For IA's: Amount Obligated by BLM
a. Current Amount		a. This obligation:
b. Modification: Amount of Increase or Decrease (circle one)		b. Previous obligation;
		c. Total obligation:
c. Total amount available		d. Amount Obligated by BLM for this Action Not to Exceed:
d. Over-run allowed 0% or $____ Billing for Federal Agencies will be processed via OPAC. DOD bills will be processed on a SP-1080. "Automatic" billing will be done quarterly by the National Business Center unless specified.________ Other (identify)________		13. method of Payment: (Applies to lAs only) ____ Advance    ____ Reimbursement    ____ Progress
14. Bill To (Name and Address, including zip code of Finance Office): (OPAC Billing Procedures will be Utilized if Necessary)
Upon Approval, this agreement constitutes an obligation against ELM if requesting the work; or authority to proceed with work by BLM for the herein named agency in anticipation of reimbursement. (N/A)
11. Approved for the Bureau of Land Management by:		16. Approved For Bureau of Reclamation by:
(Authorized Signature)		(Authorized Signature)
15a. Name (Type) Luis Maestas		I6a. Name (Type)
15b. Title Contracting Officer	15c. Date	16b. Title	16c. Date

PAGE 2 OF 2 PAGES

INSTRUCTIONS FOR FORM 1681-3
REIMBURSABLE WORK AUTHORIZATION (RWA), INTER/INTRA-AGENCY AGREEMENT (IA)
NOTE: Information in BOLD is completed by, or obtained from, the Participating Agency

A. RWA - BLM TO PERFORM WORK FOR ANOTHER AGENCY
1. the box for Reimbursable Work (RWA) Enter the four digit fiscal year(s) for which funds are available. 2. Enter the four digit ELM RWA number (project number) obtained from the National Business Center (NBC) Finance. 3. Check "Original" if first submission or "Modification" if revision to an existing RWA. Enter the project number and a sequential revision number (4000-1) if necessary. 4. Check "43 U.S.C. 1701" and "Department of Interior Appropriate Act". 5. Provide a description of the work to be performed. 6. Enter the ELM office name, city, State, organization (State and office) code, BLM contact name and phone number with area code, 6a. Enter the Participating Agency name, city, State, contact names and phone numbers with are code. BLM: Items 7a, 8a, 9a, and 10a will be used to update the BLM Federal Financial System. 7a. 14-11-0008 is the ELM Agency Location Code (ALC) assigned by Treasury. 8a. Enter the fund account symbol for BLM from the Fund Coding Handbook, H-1684. 9a. Enter the account cost structure for BLM: State and office (org) code; activity/program element from the Fund Coding Handbook, H-1684; and RWA (project) number. (Note: This cost structure must be charged with time or expenditures for billing to occur.)	10a. Enter the IA or MOU number if assigned by BLM. The information in blocks 6a, 7b, 8b, 9b, 1013, and 16 should be completed by the finance office of the agency for which ELM will perform the work. PARTICIPATING AGENCY: This data will be on your OPAC bill. 7b. Enter the eight-digit Agency Location Code (ALC) as assigned by Treasury for your paying office. 8b. Enter the fund account symbol. 9b. Enter the cost structure for bills against this agreement. 10b. Enter the procurement document number (e.g., IA number) 11. For an "original" RWA, enter the $ amount in blocks a, c, and d. For a "modification", enter the $ amount in Nock b, circle increase or decrease, and adjust blocks a and c accordingly. 12. For lAs ONLY: DO NOT enter any information for a RWA. 13. For IAs ONLY: DO NOT enter any information for a RWA. 14. Enter the complete billing address for the Participating Agency finance office. 15. Signature of a DSD or designated official is required for approval of all BLM RWAs. 16. Signature of Participating Agency approving official.
B. IA - TO HAVE WORK PERFORMED FOR BLM BY A PARTICIPATING AGENCY
Mark the box for INTER-AGENCY/INTRA-AGENCY AGREEMENT 1. Enter the four-digit fiscal year(s) for which funds are available. 2. Enter the 15 digit BLM IA number. 3. Check "Original" if first submission, "Modification" and enter modification number if modification, or "Task Order" and enter task order number if task order. 4. Check 31 U.S.C. 1535" unless another specific legislative authority exists, in which case that authority is shown under "other". If 31 U.S.C. 1535 is checked, an Economy Act Determination must be prepared by the project manager and approved by a warranted Contracting Officer with delegated authority. 5. Provide a description of the work to be performed in accordance with BLM Manual 1510, Acquisition, Section 1510-17.5. 6. Enter the BLM office name, city, State, organization (State and Office) code, ELM contact name and phone no. with area code. 6a. Enter the participating agency name, city, state, contact names, and phone nos. with area codes. 7a. 14-11-0008 is the ELM (ALC) assigned by Treasury. 8a. Leave this item blank. 9a. Enter the account cost structure for BLM: State and office code, activity/program element from the fund coding handbook, H1684, budget object class code, and project number. Leave blank (Same as block 2). 10b. Participating Agency completes these items. This data will be used to cross-reference BLMs IA with the Participating Agency's RWA. 11. For RWAs only. Do not enter any information for IAs. 12. For an original IA; complete items a, c, and d. For modification or task order; complete items a, b, c, and d.	13. Check appropriate box. 14. Enter NBC Finance Office address. (Bureau of Land Management, National Business Center, P.O. Box 25047, Denver, CO 80225). 15. IA must be signed by a warranted Contracting Officer with delegated authority. IA is not signed by BLM until approved in block 16 by the participating agency. 16. Signature of approving official for the participating agency.

12. STATEMENT OF WORK/RESPONSIBILITIES:

a. Procedures: In lieu of ELM review and comment on cultural resource issues for specific Title 23 Federal-aid highway appropriation requests from FHWA, the procedures outlined herein will be followed oy the FHWA and ELM. These procedures apply to all phases of planning and implementation of Federal-aid highways projects on ELM administered lands or ELM administered lands appropriated by FHWA under Title 23 U.S.C.

b. The PIMA will:

• (1) Complete all phases of Section 106 compliance related to Federal-aid highway projects on BLM administered lands, or lands appropriated through ELM consent, according to the Programmatic Agreement among the FHWA, the ELM, the Wyoming Transportation Department, the Wyoming State Historic Preservation Officer, and the Advisory Council on Historic Preservation Regarding the Federal-aid Highway Program in Wyoming, dated October 19, 1992.
• (2) Early in the planning of Federal-aid highway projects, consult with the appropriate ELM field office(s) to insure that proposed projects on the public lands are consistent with ELM land use plans and obtain the following from ELM:
  • (a) Existing cultural resource data pertaining to proposed project areas on ELM administered land or land appropriated through ELM consent.
  • (b) BLM recommendations regarding the evaluation and treatment of known cultural resources within proposed project areas on ELM administered land or land appropriated though BLM consent.
  • (c) BLm recommendations regarding what should be done to further identify cultural resources within proposed project areas on ELM land or land appropriated through BLM consent.
• (3) As they are completed, submit copies of all cultural resource inventory, testing and mitigation reports; copies of correspondence pertaining to Section 106 compliance; proof of curation; and, when appropriate, evidence of consultation with Native Americans to the appropriate ELM field office (8) inclusion in B1M's records.
  
  Insure that responsibilities of the ELM under the Archaeological Resources Protection Act are met for all archaeological resources located on BLM administered lands (or BLM administered lands appropriated by FHWA under Title 23) involved in the planning and implementation of Federal-aid highway projects. To meet these responsibilities FHWA shall insure the following:
  • (a) That archaeological investigations are limited to inventory, testing, and data recovery necessary to complete Federal Section 106 compliance responsibilities related to the planning and implementation of Federal-aid highway projects.
  • (b) That all cultural resource inventory, site documentation, and reporting standards will be in accordance with the Secretary of Interior's standards and Guidelines (48 FR 44720-44737, September 29, 1983).
  • (c) That archaeological investigations are conducted by firma and/or individuals who meet the qualifications at 43 CFR 7.8(a)(1) and that approval of archaeological investigations are subject to the considerations for a cultural resource use permit in ELM Manual 8151. Firms and/or individuals authorized by FHWA to conduct archaeological investigations on ELM administered lands (or lands appropriated by FHWA through ELM consent) will be required to hold a ELM cultural resource use permit.
  • (d) That all collected materials resulting from archaeological work conducted on ELM administered lands (or lands appropriated by FHWA through ELM consent) are deposited, as ELM property, with an approved Wyoming curation facility within 60 days following FHWA approval of the final report of archaeological investigations. Proof of curation shall be maintained in FHWA records with copies submitted to the appropriate ELM field office(s). The approved depositories are:
    
    University of Wyoming Laramie, Wyoming
    Western Wyoming Community College Rock Springs, Wyoming
  • (e) That Indian tribes are notified regarding cultural resource work proposed on Federal-aid Highway projects which could have or destroy sites having religious or cultural importance to the tribes by following the regulations at 43 CFR 7.7.

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Interagency Agreement No. KAI031002 - Attachment 1 (4 Pages)
Management of Cultural Resources on Federal-Aid Highway Projects

1. Background

a. The Federal Highway Administration (FHWA) is responsible for taking into account the effect of Federal-aid Highway projects on cultural resources under Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470 f) (NHPA). When issuing its consent for appropriation of public lands for Federal-aid Highway projects, the Bureau of Land Management (BLM) is also required to comply with Section 106 of the NHPA.

b. In addition, BLM ensures that other Federal statutes pertaining to cultural resources on Federal-aid highway projects on the public lands are met. To avoid unnecessary duplication of effort, the FHWA will be the lead Federal Agency responsible for compliance with Section 106 and ensure that the land manager's additional responsibilities for cultural resources on BLM administered lands are met in the planning and implementation of Federal-aid highway projects.

2. Purpose and Objective

The purpose of this Interagency Agreement is to establish a cooperative working relationship between the FHWA and the BLM for assuring compliance with Federal statutes and regulations and agency policies regarding the management of cultural resources on Federal-aid Highway projects in Wyoming pursuant to Title 23 U.S.C.

3. Statement of Work

a. Procedures: In lieu of BLM review and comment on cultural resource issues for specific Title 23 Federal-aid highway appropriation requests from FHWA, the procedures outlined herein will be followed by the FHWA and BLM. These procedures apply to all phases of planning and implementation of Federal-aid highways projects on BLM administered lands or BLM administered lands appropriated by FHWA under Title 23 U.S.C.

b. Areas of Cooperation

(1) The FHWA agrees to:

• (a) Complete all phases of Section 106 compliance related to Federal-aid highway projects on BLM administered lands, or lands appropriated through BLM consent, according to the Programmatic Agreement among the FHWA, the BLM, the Wyoming Transportation Department, the Wyoming State Historic Preservation Officer, and the Advisory Council on Historic Preservation Regarding the Federal-aid Highway Program in Wyoming, dated October 19, 1992.
• (b) Early in the planning of Federal-aid highway projects, consult with the appropriate BLM field office(s) to insure that proposed projects on the public lands are consistent with BLM land use plans and obtain the following from BLM:
  1. Existing cultural resource data pertaining to proposed project areas on BLM administered land or land appropriated through BLM consent;
  2. BLM recommendations regarding the evaluation and treatment of known cultural resources within proposed project areas on BLM administered land or land appropriated though BLM consent; and
  3. BLM recommendations regarding what should be done to further identify cultural resources within proposed project areas on BLM land or land appropriated through BLM consent.
• (c) As they are completed, submit copies of all cultural resource inventory, testing and mitigation reports; copies of correspondence pertaining to Section 106 compliance; proof of curation; and, when appropriate, evidence of consultation with Native Americans to the appropriate DLM field office(s) for inclusion in BLM's records.
• (d) Insure that responsibilities of the BLM under the Archaeological Resources Protection Act are met for all archaeological resources located on BLM administered lands (or BLM administered lands appropriated by FHWA under Title 23) involved in the planning and implementation of Federal-aid highway projects. To meet these responsibilities FHWA shall insure the following:
  1. That archaeological investigations are limited to inventory, testing, and data recovery necessary to complete Federal Section 106 compliance responsibilities related to the planning and implementation of Federal-aid highway projects;
  2. That all cultural resource inventory, site documentation, and reporting standards will be in accordance with the Secretary of Interior's standards and Guidelines (48 CFR 44720-44737, September 29, 1983);
  3. That archaeological investigations are conducted by firms and/or individuals who meet the qualifications at 43 CFR 7.8(a)(1) and that approval of archaeological investigations are subject to the considerations for a cultural resource use permit in BLM Manual 8151. Firms and/or individuals authorized by FHWA to conduct archaeological investigations on BLM administered lands (or lands appropriated by FHWA through BLM consent) will be required to hold a BLM cultural resource use permit;
  4. That all collected materials resulting from archaeological work conducted on BLM administered lands (or lands appropriated by FHWA through BLM consent) are deposited, as BLM property, with an approved Wyoming curation facility within 60 days following FHWA approval of the final report of archaeological investigations. Proof of curation shall be maintained in FHWA records with copies submitted to the appropriate BLM field office(s). The approved depositories are the University of Wyoming in Laramie, Wyoming and Western Wyoming Community College in Rock Springs, Wyoming;
  5. That Indian tribes are notified regarding cultural resource work proposed on Federal-aid highway projects which could harm or destroy sites having religious or cultural importance to the tribes by following the regulations at 43 CFR 7.7; and
  6. That archaeological resource information acquired from BLM administered lands (or lands appropriated by FHWA through BLM consent) is held confidential per 43 CFR 7.18.
• (e) Insure that oversight and administration is conducted by a specialist meeting the qualifications in 36 CFR 61, Appendix A, Professional Qualification Standards (with BLM approval, the qualifications in BLM Manual 8151.12 B.2.b may be used). This specialist is currently Dr. Julie Francis, Archaeologist. Successors to this position shall be identified through amendment to this agreement.
• (f) Insure that Federal agency responsibilities related to implementation of the Native American Graves Protection and Repatriation Act (and its implementing regulations when completed) are fulfilled, on all Federal-aid highway projects. Decisions regarding the disposition of human remains and other cultural items from lands administered by BLM or land appropriated through BLM consent shall be made by the BLM.
• (g) Respond to BLM monitoring of Federal-aid highway projects.

(2) The BLM agrees to:

• (a) Review proposed Federal-aid highway projects to insure that proposals are consistent with existing BLM land use plans regarding the management of cultural resources.
• (b) Supply FHWA with existing cultural resource data, give recommendations regarding the evaluation and treatment of known cultural resources, and recommend additional measures needed to identify cultural resources on proposed Federal-aid highway project areas.
• (c) Instruct FHWA personnel charged with implementing this agreement regarding the responsibilities of land management agencies under the Archaeological Resources Protection Act and the Native American Graves Protection and Repatriation Act. BLM cultural resource staff will be made available for this purpose as agreed upon by BLM and FHWA
• (d) Monitor operations under this agreement.
• (e) Issue its consent for appropriation to FHWA for Federal-aid highway projects without specific review of cultural resource issues when a statement is presented in the appropriation request that the procedures in this agreement are being implemented.

3. Term of Agreement

This agreement shall become effective upon signature by all parties and shall remain in effect until September 30, 2007. This agreement may be terminated by either party upon a 30 days written notice to the other party of such intention. The parties agree to discuss issues prior to terminating the agreement.

4. Administration

a. Compliance, Review and Reports: Monitoring of Federal-aid highway projects for compliance will be conducted in the following manner:

• (1) At BLM discretion, it may annually monitor a sample of Federal-aid highway projects in their jurisdiction after receiving documentation from FHWA. Monitoring may include review of inventory, testing, and mitigation reports; review of compliance documentation; and field inspection to verify compliance with proposed mitigation and protection measures. ELM reviews will be confined to operations on BLM administered lands (or lands appropriated under BLM consent) and to cultural resources located wholly or in part on ELM administered land (or lands appropriated under BLM consent). The BLM COR will prepare a report of all monitoring activities conducted under this agreement. BLM will transmit monitoring reports to FHWA.
• (2) BLM and FHWA staff from the Cheyenne Office will meet-annually between January and March to review operations under the terms of the agreement. The performance of both parties will be discussed through joint review of monitoring reports and the annual report prepared by FHWA pursuant to Stipulation 6 of the Programmatic Agreement among the Federal Highway Administration, the Bureau of Land Management, the Wyoming Transportation Department, the Wyoming State Historic Preservation Officer, and the Advisory Council On Historic Preservation Regarding the Federal-aid Highway Program in Wyoming dated October 19, 1992. Operations under this agreement will be monitored by both parties to insure compliance. Both parties will work to resolve issues identified in the annual review.

b. Each provision contained herein is subject to the applicable laws and regulations of Wyoming, the laws of the United States, the regulations of the Department of the Interior, and the regulations of the Secretary of Transportation.

c. Nothing herein will be construed as limiting or affecting in any way the authority or legal responsibility of the Division Administrator, FHWA, or the State Director, ELM, or as binding on the FHWA or BLM to perform beyond the respective authority of each, or to require any party to assume or expend any sum in excess of appropriations available. It is understood that all the provisions herein must be within financial, legal, and personnel limitations as determined practical by the Division Administrator and the State Director for their respective responsibilities. Funds or property cannot be transferred between agencies under this agreement. Further, nothing herein will be construed to limit BLM authority or legal responsibility for the management of cultural resources under its jurisdiction for purposes other than those described in this agreement.

d. Amendments to this agreement and written guidelines or procedures attached hereto may be proposed by either party and shall become effective upon written approval by both parties.

6. Approvals