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HomeMy WebLinkAbout01102008 Dept of the Army Chiawana Park & Columbia River Shoreline Lease NO. W912EF-1-08-07 DEPARTMENT OF THE ARMY LEASE TO NON-STATE GOVERNMENTAL AGENCIES FOR PUBLIC PARK AND RECREATIONAL PURPOSES Chiawana Park & Columbia River Shoreline McNary Lock and Dam Project Franklin County, Washington Tracts XX-3561, XX-3500, XX-3559, XX-3558, XX-3557, XX-3554, XX-3552, XX-3551, XX-3549, XX-3548, XX-3547, XX-3546, XX-3544, XX-3543, XX-3542, XX-3541, XX-3539, XX-3538, XX-3537, XX-3536, XX-3534, XX-3533, XX-3532, XX-3531, XX-3529 THIS LEASE is made on behalf of the United States and the SECRETARY OF THE ARMY, hereinafter referred to as the Secretary, and THE CITY OF PASCO, WASHINGTON, hereinafter referred to as the Lessee, WITNESSETH: That the Secretary, by authority of Title 16, United States Code, Section 460d, and for the consideration hereinafter set forth, hereby leases to -the Lessee, the property identified in tan in Exhibits Al, A2 & B, attached hereto and made a part hereof, hereinafter referred to as the premises, for public park and recreational purposes. The premises are further defined as follows: In portions of the premises where levees are located, the premises shall be from the shoreline of the Columbia River landward to the Non-State Park Lease 1 July 1997 landward toe of the levee. In portions where no levees exist, the premises shall be the entire tract to the landward public property boundary except in Tracts XX-3559, XX-3500 and XX-3561 where the approximate limits of the premises are shown in tan. THIS LEASE is granted subject to the following conditions: 1. TERM Said premises are hereby leased for a term of 25 years, beginning December 1, 2007 and ending November 30, 2032. 2. CONSIDERATION -rhe consideration for this lease is the operation and maintenance of the premises by the Lessee for the benefit of the United States and the general public in accordance with the conditions herein set forth. 3. NOTICES All correspondence and notices to be given pursuant to this lease shall be addressed, if to the Lessee to the City Manager, City of Pasco; 525 N. 3rd Avenue; PO Box 293; Pasco, WA 99301; and if to the United States, to the District Engineer, ATTN: Chief, Real Estate Division, Walla Walla District; 201 N. Third Avenue, Walla Walla, WA 99362-1876 or as may from time to time otherwise be directed by the parties. Notice shall be deemed to have been duly given if and when enclosed in a properly sealed envelope, or wrapper, addressed as aforesaid, and deposited, postage prepaid, in a post office regularly maintained by the United States Postal Service. 4. AUTHORIZED REPRESENTATIVES Except as otherwise specifically provided, any reference herein to "Secretary of the Army," "District Engineer," "said officer" or "Lessor" shall include their duly authorized representatives. Any reference to "Lessee" shall include sublessees, assignees, transferees, concessionaires, and its duly authorized representatives. 5. DEVELOPMENT PLANS -rhe Lessee shall be guided by an annual Plan of Operation and Maintenance (Annual Management Plan or "AMP") in furtherance of the Lessee's implementing Plan of Recreation Development and Management (Development Plan) attached as Exhibit C which shows the facilities and services necessary to meet the current and potential public demand and the management and development activities to be undertaken by the Lessee and any sublessees. No later than January 1 of each year the Lessee will submit the AMP to be mutually agreed on between the Lessee and the District Engineer. Such AMP shall include but is not limited to the following: Non-State Park Lease 2 1 July 1997 a. Plans for management, maintenance and development activities to be undertaken by the Lessee and any sublessees. b. Report of the management, maintenance and development accomplishments of the Lessee for the preceding year. c. Report on any significant modification of policies or procedures which are planned for the following year as well as those implemented in the preceding year. d. Minor modifications to the Development Plan. Major modifications are to be accomplished by amendment to the Plan before proceeding to implement any changes in the development or management of the leased premises. e. Budget of the Lessee for carrying out all activities for the upcoming year. f. Personnel to be used in the management of the leased premises. g. Annual certification that all water and sanitary systems on the premises have been inspected and comply with Federal, state and local standards_ Lessee will also provide a statement of compliance with the Rehabilitation Act and the Americans with Disabilities Act, as required in the condition on NON-DISCRIMINATION, noting any deficiencies and providing a schedule for correction. The use and occupation of the premises shall be subject to the general supervision and approval of the District Engineer. During the term of the lease, the District Engineer will notify the Lessee of any updates to the existing project Master Plan affecting the premises and the Lessee may provide comments. 6. STRUCTURES AND EQUIPMENT The Lessee shall have the right, during the term of the lease, to erect such structures and to provide such equipment upon the premises as may be necessary to furnish the facilities and services authorized. Those structures and equipment shall be and remain the property of the Lessee, except as otherwise provided in the Condition on RESTORATION. However, no structures may be erected or altered upon the premises unless and until the type of use, design, and proposed location or alteration thereof shall have been approved in writing by the District Engineer. The District Engineer may require the Lessee, upon the completion of each of the proposed developments to furnish complete "as built" construction plans for all facilities. Non-State Park Lease 3 1 July 1997 7. APPLICABLE LAWS AND REGULA'T'IONS a. The Lessee shall comply with all applicable Federal laws and regulations and with all applicable laws, ordinances, and regulations of the state, county, and municipality wherein the premises are located, including, but not limited to, those regarding construction, health, safety, food service, water supply, sanitation, use of pesticides, and licenses or permits to do business. The Lessee shall make and enforce such regulations as are necessary and within its legal authority in exercising the privileges granted in this lease, provided that such regulations are not inconsistent with those issued by the Secretary of the Army or with the provisions of 16 U.S.G. § 460d. b. The Lessee will provide an annual certification that all water and sanitary systems on the premises, have been inspected and comply with Federal, state and local standards_ The Lessee will also provide a statement of compliance with the Rehabilitation Act and the Americans with Disabilities Act, as required in the Condition on NON-DISCRIMINATION, noting any deficiencies and providing a schedule for correction. 8. CONDITION OF PREMISES a. The Lessee acknowledges that it has inspected the premises, knows its condition, and understands that the same is leased without any representations or warranties whatsoever and without obligation on the part of the United States to make any alterations, repairs, or additions thereto. b. As of the date of this lease, an inventory and condition report of all personal property and improvements of the United States included in this lease shall be made by the District Engineer and -the Lessee to reflect the condition of said property and said improvements. A copy of said report is attached hereto as Exhibit D and made a part hereof. Upon the expiration, revocation, or termination of this lease, another inventory and condition report shall be similarly prepared. This report shall constitute the basis for settlement for property damaged or destroyed. Any such property must be either replaced or restored to the condition required by the Condition on PROTECTION OF PROPERTY. 9. FACILITIES AND SERVICES The Lessee shall provide the facilities and services as agreed upon in the Development Plan referred to in the Condition on DEVELOPMENT PLANS either directly or through subleases or concession agreements that have been reviewed and accepted by the District Engineer. These subleases or agreements shall state: (1) that they are granted subject to the provisions of this lease; and (2) that the agreement will not be effective until the third party activities have been approved by the District Engineer. The Lessee will not allow any third party activities with a rental to the Lessee or prices to the public which would give the third party an undue economic advantage or Non-State Park Lease 4 1 July 1997 circumvent the intent of the Development Plan. The rates and prices charged by the Lessee or its sub-lessees or concessionaires shall be reasonable and comparable to rates charged for similar goods and services by others in the area. The use of sub- lessees and concessionaires will not relieve the Lessee from the primary responsibility for ensuring compliance with all of the terms and conditions of this lease. 10. TRANSFERS, ASSIGNMENTS, SUBLEASES a. Without prior written approval of the District Engineer, the Lessee shall neither transfer nor assign this lease nor sublet the premises or any part thereof, nor grant any interest, privilege, or license whatsoever in connection with this lease. b. The Lessee will not sponsor or participate in timeshare ownership of any structures, facilities, accommodations, or personal property on the premises. The Lessee will not subdivide nor develop the premises into private residential development. 11. FEES Fees may be charged by the Lessee for the entrance to or use of the premises or any facilities, however, no user fees may be charged by the Lessee or its sub-lessees for use of facilities developed in whole or part with federal funds if a user charge by the Corps of Engineers for the facility would be prohibited under law. 12. ACCOUNTS, RECORDS AND RECEIPTS All monies received by the Lessee from operations conducted on the premises, including, but not limited to, entrance, admission and user fees and rental or other consideration received from its concessionaires, may be utilized by the Lessee for the administration, maintenance, operation and development of the premises. Beginning 5 years from the date of this lease and continuing at 5-year intervals, any such monies not so utilized or programmed for utilization within a reasonable time shall be paid to the District Engineer. The Lessee shall establish and maintain accurate records and accounts and provide an annual statement of receipts and expenditures to the District Engineer. Annual or weekly entrance fees not collected on the Project, which also are honored at other recreational areas operated by the Lessee, are excluded from this requirement. The District Engineer shall have the right to perform audits or to require the Lessee to audit the records and accounts of the Lessee, third party concessionaires and sub-lessees, in accordance with auditing standards and procedures promulgated by the American Institute of Certified Public Accountants or by the state, and furnish the District Engineer with the results of such an audit. 13. PROTECTION OF PROPERTY The Lessee shall be responsible for any damage that may be caused to property of the United States by the activities of the Lessee under this lease and shall exercise Non-State Park Lease 5 1 July 1997 due diligence in the protection of all property located on the premises against fire or damage from any and all other causes. Any property of the United States damaged or destroyed by the Lessee incident to the exercise of the privileges herein granted shall be prorriptly repaired or replaced by the Lessee to the satisfaction of the District Engineer, or, at the election of the District Engineer, reimbursement may be made therefore by the Lessee in an amount necessary to restore or replace the property to a condition satisfactory to the District Engineer. 14. RIGHT TO ENTER AND FLOOD The right is reserved to the United States, its officers, agents, and employees to enter upon the premises at any time and for any purpose necessary or convenient in connection with Government purposes; to make inspections; to remove timber or other material, except property of the Lessee; to flood the premises; to manipulate the level of the lake or pool in any manner whatsoever; and/or to make any other use of the land as may be necessary in connection with project purposes, and the Lessee shall have no claim for damages on account thereof against the United States or any officer, agent, or employee thereof. 15. LIGHTS, SIGNALS AND NAVIGATION There shall be no unreasonable interference with navigation by the exercise of the privileges granted by this lease. If the display of lights and signals on any work hereby authorized is not otherwise provided for by law, such lights and signals as may be prescribed by the Coast Guard or by the District Engineer shall be installed and maintained by and at the expense of the Lessee. 16. INSURANCE a. At the commencement of this lease, the Lessee, unless self-insured, and its sub-lessees and concessionaires at the commencement of operating under the terms of this lease as third parties, shall obtain from a reputable insurance company or companies contracts of liability insurance. The insurance shall provide an amount not less than that which is prudent, reasonable and consistent with sound business practices, or a minimum combined Single Limit of $1,000,000, whichever is greater, for any number of persons or claims arising from any one incident with respect to bodily injuries or death resulting therefrom, property damage, or both, suffered or alleged to have been suffered by any person or persons, resulting from the operations of the Lessee, sub-lessees and concessionaires under the terms of this lease. The Lessee shall require its insurance company to furnish to the District Engineer a copy of the policy or policies or, if acceptable to the District Engineer, certificates of insurance evidencing -the purchase of such insurance. The minimum amount of liability insurance coverage is subject to revision by the District Engineer every three years or upon renewal or modification of this lease. Non-State Park Lease 6 1 July 1997 b. The insurance policy or policies shall specifically provide protection appropriate for the types of facilities, services and products involved; and shall provide that the District Engineer be given thirty (30) days notice of any cancellation or change in such insurance. c. In the event the Lessee is self-insured, the Lessee shall certify such self- insurance in writing in the minimum amount specified above to the District Engineer. The Lessee's insurance status shall not eliminate the requirement for its sub-lessees and concessionaires to have insurance from a reputable insurance carrier as set out above. d. The District Engineer may require closure of any or all of the premises during any period for which the Lessee and/or its sub-lessees and concessionaires do not have the required insurance coverage. 17. RESTORATION On or before the expiration of this lease or its termination by the Lessee, the Lessee shall vacate the premises, remove the property of the Lessee, and restore the premises to a condition satisfactory to the District Engineer. If, however, this lease is revoked, the Lessee shall vacate the premises, remove said property therefrom, and restore the premises to the aforesaid condition within such time as the District Engineer may designate. In either event, if the Lessee shall fail or neglect to remove said property and restore the premises, then, at the option of the District Engineer, said property shall either become the property of the United States without compensation therefore, or the District Engineer may cause the property to be removed and no claim for damages against the United States or its officers or agents shall be created by or made on account of such removal and restoration work. The Lessee shall also pay the United States on demand any sum which may be expended by the United States after the expiration, revocation or termination of this lease in restoring the premises. 18. NON-DISCRIMINATION a. The Lessee shall not discriminate against any person or persons or exclude them from participation in the Lessee's operations, programs or activities conducted on the leased premises, because of race, color, religion, sex, age, handicap, or national origin. The Lessee will comply with the Americans with Disabilities Act and attendant Americans with Disabilities Act Accessibility Guidelines (ADAAG) published by the Architectural and Transportation Barriers Compliance Board. b. The Lessee, by acceptance of this lease, is receiving a type of Federal assistance and, therefore, hereby gives assurance that it will comply with the provisions of Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000d); the Age Discrimination Act of 1975 (42 U.S.C. § 6102); the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794); and all requirements imposed by or pursuant to the Non-State Park Lease 7 1 July 1997 Directive of the Department of Defense (32 CFR Part 195) issued as Department of Defense Directive 5500.11 and 1020.1, and Army Regulation 600-7. This assurance shall be binding on the Lessee, its agents, successors, transferees, sub-lessees and assigns. 19. SUBJECT TO EASEMENTS This lease is subject to all existing easements, easements subsequently granted, and established access routes for roadways and utilities located, or to be located, on the premises, provided that the proposed grant of any new easement or route will be coordinated with the Lessee, and easements will not be granted which will, in the opinion of the District Engineer, interfere with developments, present or proposed, by the Lessee. The Lessee will not close any established access routes without written permission of the District Engineer. 20. SUBJECT TO MINERAL INTERESTS This lease is subject to all outstanding mineral interests. As to federally owned mineral interests, it is understood that they may be included in present or future mineral leases issued by the Bureau of Land Management (BLM), which has responsibility for mineral development on Federal lands. The Secretary will provide lease stipulations to BLM for inclusion in such mineral leases that are designed to protect the premises from activities that would interfere with the Lessee's operations or would be contrary to local laws. 21. COMPLIANCE, CLOSURE, REVOCATION AND RELINQUISHMENT a. The Lessee and/or any sub-lessees or licensees are charged at all times with full knowledge of all the limitations and requirements of this lease, and the necessity for correction of deficiencies, and with compliance with reasonable requests by the District Engineer. This lease may be revoked in the event that the Lessee violates any of the terms and conditions and continues and persists in such non- compliance, or fails to obtain correction of deficiencies by sub-lessees or licensees. The Lessee will be notified of any non-compliance, which notice shall be in writing or shall be confirmed in writing, giving a period of time in which to correct the non- compliance. Failure to satisfactorily correct any substantial or persistent non- compliance within the specified time is grounds for closure of all or part of the premises, temporary suspension of operation, or revocation of the lease, after notice in writing of such intent. Future requests by the Lessee to extend the lease, expand the premises, modify authorized activities, or assign the lease shall take into consideration the Lessee's past performance and compliance with the lease terms. b. This lease may be relinquished by the Lessee by giving one (1) year prior written notice to the District Engineer in the manner prescribed in the Condition on NOTICES. Non-State Park Lease 8 1 July 1997 22. HEALTH AND SAFETY a. The Lessee shall keep the premises in good order and in a clean, sanitary, and safe condition and shall have the primary responsibility for ensuring that any sub- lessees and concessionaires operate and maintain the premises in such a manner. b. In addition to the rights of revocation for non-compliance, the District Engineer, upon discovery of any hazardous conditions on the premises that presents an immediate threat to health and/or danger to life or property, will so notify the Lessee and will require that the affected part or all of the premises be closed to the public until such condition is corrected and the danger to the public eliminated. If the condition is not corrected within the time specified, the District Engineer will have the option to revoke -the lease. The Lessee and its assignees or sub-lessees shall have no claim for damages against the United States, or any officer, agent, or employee thereof on account of action taken pursuant to this condition. 23. PUBLIC USE No attempt shall be made by the Lessee, or any of its sub-lessees or concessionaires, to forbid -the full use by the public of the premises and of the water areas of the project, subject, however, to the authority and responsibility of the Lessee to manage the premises and provide safety and security to the visiting public. 24. PROHIBITED USES a. The Lessee shall not permit gambling on the premises. Specifically prohibited is the use of gambling devices, such as slot machines, video gambling machines, or other casino type devices that would detract from the family atmosphere. District Engineers may allow -the sale of state lottery tickets, in accordance with state and local laws and regulations, as long as the sale of tickets constitutes a collateral activity, rather than primary activity, of the Lessee. The Lessee shall not install or operate, or permit to be installed or operated thereon, any device which is illegal; or use the premises or permit them to be used for any illegal business or purpose. There shall not be conducted on or permitted upon the premises any activity which would constitute a nuisance. b. As an exception, some games of chance, such as raffles, games and sporting events, may be conducted by nonprofit organizations under special permits issued in conjunction with special events, if permissible by state and local law. Any request to conduct such activities must be submitted in writing to the District Engineer. c. In accordance with state and local laws and regulations, the Lessee may sell, store, or dispense or permit the sale, storage, or dispensing of beer, malt beverages, light wines or other intoxicating beverages on -the premises in those facilities where such service is customarily found. Bar facilities will only be permitted if offered in Non-State Park Lease 9 1 July 1997 .connection with other approved activities. Advertising of such beverages outside of buildings is not permitted. Carry out package sales of hard liquor is prohibited. 25. NATURAL RESOURCES The Lessee shall cut no timber, conduct no mining operations, remove no sand, gravel, or kindred substances from the ground, commit no waste of any kind, nor in any manner substantially change the contour or condition of the premises, except as may be authorized under and pursuant to the Development Plan described in the Condition on DEVELOPMENT PLANS herein. The Lessee may salvage fallen or dead timber; however, no commercial use shall be made of such timber. Except for timber salvaged by the Lessee when in the way of construction of improvements or other facilities, all sales of forest products will be conducted by the United States and the proceeds therefrom shall not be available to the Lessee under the provisions of this lease. 26. DISPUTES CLAUSE a. Except as provided in the Contract Disputes Act of 1978 (41 U.S.C. § 601- 613) (the Act), all disputes arising under or relating to this lease shall be resolved under this clause and the provisions of the Act. b. "Claim," as used in this clause, means a written demand or written assertion by the Lessee seeking, as a matter of right, the payment of money in a sum certain, the adjustment of interpretation of lease terms, or other relief arising under or relating to this lease. A claim arising under this lease, unlike a claim relating to the lease, is a claim that can be resolved under a lease clause that provides for the relief sought by the Lessee. However, a written demand or written assertion by the Lessee seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph c.(2) below. c. (1) A claim by the Lessee shall be made in writing and submitted to the said officer for a written decision. A claim by the Government against the Lessee shall be subject to written decision by the said officer. (2) For Lessee claims exceeding $100,000, the Lessee shall submit with the claim a certification that: (i) The claim is made in good faith; (ii) Supporting data are accurate and complete to the best of the Lessee's knowledge and belief; (iii) and the amount requested accurately reflects the lease adjustment for which the Lessee believes the Government is liable. Non-State Park Lease 10 1 July 1997 (3) (i) If the Lessee is an individual, the certificate shall be executed by that individual. (ii) If the Lessee is not an individual, the certification shall be executed by: (A) A senior company official in charge at the Lessee's location involved; or (B) An officer or general partner of the Lessee having overall responsibility of the conduct of the lessee's affairs. d. For Lessee claims of $100,000 or less, the said officer must, if requested in writing by the Lessee, render a decision within 60 days of the request. For Lessee- certified claims over $100,000, the said officer must, within 60 days, decide the claim or notify the Lessee of the date by which the decision will be made. e. The said officer's decision shall be final unless the Lessee appeals or files a suit as provided in the Act. f. At the time a claim by the Lessee is submitted to the said officer or a claim by the Government is presented to the Lessee, the parties, by mutual consent, may agree to use alternative means of dispute resolution. When using alternate dispute resolution procedures, any claim, regardless of amount, shall be accompanied by the certificate described in paragraph c.(2) of this clause, and executed in accordance with paragraph c.(3) of this clause. g. The Government shall pay interest on the amount found due and unpaid by the Government from (1) the date the said officer received the claim (properly certified if required), or (2) the date payment otherwise would be due, if that date is later, until the date of payment. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the said officer receives the claim and then at the rate applicable for each 6- month period as fixed by the Treasury Secretary during the pendency of 'the claim. Rental amounts due to the Government by the Lessee will have interest and penalties as set out in the condition on CONSIDERATION. h. The Lessee shall proceed diligently with the performance of the lease, pending final resolution of any request for relief, claim, appeal or action arising under -the lease, and comply with any decision of the said officer. Non-State Park Lease 11 1 July 1997 27. ENVIRONMENTAL PROTECTION a. Within the limits of their respective legal powers, the parties to this lease shall protect the project against pollution of its air, ground, and water. The Lessee shall comply promptly with any laws, regulations, conditions or instructions affecting the activity hereby authorized, if and when issued by the Environmental Protection Agency, or any Federal, state, interstate or local governmental agency having jurisdiction to abate or prevent pollution. The disposal of any toxic or hazardous materials within the leased area is specifically prohibited. Such regulations, conditions, or instructions in effect or prescribed by the Environmental Protection Agency, or any Federal, state, interstate or local governmental agency, are hereby made a condition of this lease. The Lessee shall require all sanitation facilities on boats moored at the Lessee's facilities, including rental boats, to be sealed against any discharge into the lake. Services for waste disposal, include sewage pump-out of watercraft, shall be provided by the Lessee as appropriate. The Lessee shall not discharge waste or effluent from the premises in such a manner that the discharge will contaminate streams or other bodies of water or otherwise become a public nuisance. b. The Lessee will use all reasonable means available to protect the environment and natural resources, and where damage nonetheless occurs from the Lessee's activities, the Lessee shall be liable to restore the damaged resources. c. The Lessee must obtain approval in writing from the District Engineer before any pesticides or herbicides are applied to the premises. 28. ENVIRONMENTAL BASELINE STUDY An Environmental Baseline Study (EBS) documenting the known history of the property with regard to the storage, release or disposal of hazardous substances thereon is attached hereto and made a part hereof as Exhibit E. Upon expiration, revocation or termination of this lease, another EBS shall be prepared which will document the environmental condition of the property at that time. A comparison of the two assessments will assist the District Engineer in determining any environmental restoration requirements. Any such requirements will be completed by the Lessee in accordance with the condition on RESTORATION. 29. HISTORIC PRESERVATION The Lessee shall not remove or disturb, or cause or permit to be removed or disturbed, any historical, archaeological, architectural or other cultural artifacts, relics, remains, or objects of antiquity. In the event such items are discovered on the premises, the Lessee shall immediately notify the District Engineer and protect the site and the material from further disturbance until the District Engineer gives clearance to proceed. Non-State Park Lease 12 1 July 1997 30. SOIL AND WATER CONSERVATION The Lessee shall maintain, in a manner satisfactory to the District Engineer, all soil and water conservation structures that may be in existence upon said premises at the beginning of, or that may be constructed by the Lessee during the term of, this lease, and the Lessee shall take appropriate measures to prevent or control soil erosion within the premises. Any soil erosion occurring outside the premises resulting from the activities of the Lessee shall be corrected by the Lessee as directed by the District Engineer. 31. TRANSIENT USE a. Camping, including transient trailers or recreational vehicles, at one or more campsites for a period longer than thirty (30) days during any sixty (60) consecutive day period is prohibited. The Lessee will maintain a ledger and reservation system for the use of any such campsites. b. Occupying any lands, buildings, vessels or other facilities within the premises for the purpose of maintaining a full- or part-time residence is prohibited, except for employees residing on the premises for security purposes, if authorized by the District Engineer. 32. COVENANT AGAINST CONTINGENT FEES The Lessee warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Lessee for the purpose of securing business. For breach or violation of this warranty, the United States shall have the right to annul this lease without liability or, in its discretion, to require the Lessee to pay, in addition to the lease rental or consideration, the full amount of such commission, percentage, brokerage, or contingent fee. 33. OFFICIALS NOT TO BENEFIT No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of this lease or to any benefits to arise therefrom. However, nothing herein contained shall be construed to extend to any incorporated company if the lease be for the general benefit of such corporation or company. 34. SITE-SPECIFIC CONDITION ON GROUND DISTURBANCE Except as authorized herein, the Lessee shall not engage in any construction, alteration, demolition, or ground disturbing activities on the premises, unless such activities have been reviewed and approved by the District Engineer in accordance with Non-State Park Lease 13 1 July 1997 the requirements of the National Historic Preservation Act of 1966 (16 USC 470, et seq.). The Lessee shall be responsible for all costs, and any actions directed or required by the District Engineer, which are associated with -the National Historic Preservation Act review process, or other applicable law. 35. SITE-SPECIFIC CONDITION ON CULTURAL RESOURCE STIPULATIONS Cultural Resources Stipulations (the Stipulations) are attached to this Lease as Exhibit F and incorporated herein by reference. The Lessee's cultural resources roles and responsibilities under this Lease shall be governed by the Stipulations and applicable laws or regulations. The Stipulations may be amended by the District Engineer, after consultation with the Lessee, if necessary to comply with applicable laws or regulations. 36. SITE-SPECIFIC CONDITION ON PESTICIDES a. The use of any pesticides (insecticide, herbicide, fungicide or rodenticide) on outgranted lands or waters shall be in accordance with all applicable Federal, state, and local laws, vales and regulations. The Lessee must obtain approval from the District Engineer before any pesticides are applied to the premises. The Lessee shall report actual usage of pesticides in the previous year and anticipated usage of pesticides in the upcoming year on the Pest Control Plan attached as Exhibit G-1 and G-2. The reports will be forwarded not later than January 10 of each year to the address identified below. Usage reports will be reviewed by the District Pesticide Coordinator and shall be considered approved unless the Lessee is notified otherwise. The form may be reproduced as needed. b. The Lessee shall be responsible for the control of all noxious weeds within the outgranted area in accordance with all applicable Federal, state, county and local laws, rules and regulations. Within seven (7) days after each application or treatment with any approved pesticide, the Lessee shall complete a pesticide application record (NPW Form 178). A copy of NPW Form 178 is attached as Exhibit H and may be reproduced when needed. The form shall be mailed or delivered to: Natural Resources Manager Ice Harbor Lock and Dam Project 2763 Monument Drive Burbank, Washington 99323 37. SITE-SPECIFIC CONDITION ON ENVIRONMENTAL COMPLIANCE a. The District Engineer agrees to provide funding up to a maximum of $30,000 toward environmental compliance costs associated with the proposed renovation project for playground equipment replacement. The funding is subject to availability of funds Non-State Park Lease 14 1 July 1997 and is subject to the work being accomplished within 5 years from the date of lease execution by the government. b. The District Engineer agrees to provide funding up to a maximum of $30,000 toward environmental compliance costs associated with the proposed renovation or replacement of the existing east end park restroom facilities. The funding is subject to availability of funds and is subject to the work being accomplished within 5 years from the date of lease execution by the government. c. If the Lessee chooses to submit the renovation projects as a combined project for the playground equipment replacement and the replacement of east end park restroom facilities rather than as outlined in 37.a. and 37.b. above, the District Engineer agrees to provide funding up to a maximum of $60,000 toward environmental compliance costs associated with the combined projects. The funding is subject to availability of funds and is subject to the environmental work being accomplished within 5 years from the date of lease execution by the government. d. The Lessee will notify the District Engineer in writing when beginning preparation of plans and specifications for the playground and restroom projects. Upon receipt of notice from -the Lessee, the District Engineer will begin to schedule the compliance work required for the project, subject to the availability of funds. The Lessee will provide a scope for each project in sufficient detail to enable the Corps to begin the compliance work. Lessee understands that any changes in scope may result in delay and increased cost to complete the compliance work. Lessee shall be responsible for all compliance work required by state and local laws or regulations, in accordance with Condition 7a of this lease. 38. SI'Z'E-SPECIFIC CONDITION ON TRESPASS AND ENCROACHMENT In accordance with the Condition on PROTECTION OF PROPERTY, the Lessee will use its best efforts to prevent and resolve trespasses and encroachments which occur on the premises on or after the date this lease is signed by the District Engineer. The Lessee shall report all encroachments to the District Engineer. If, after exercising available administrative remedies, the Lessee is unable to resolve the trespass or encroachment, the Lessee shall contact the District Engineer and provide complete information on its efforts to resolve the trespass or encroachment. Thereafter, the District Engineer shall have the primary responsibility to resolve the matter. 39. MODIFICATIONS This lease contains the entire agreement between the parties hereto, and no modification of this agreement, or waiver, or consent hereunder shall be valid unless the same be in writing, signed by the parties to be bound or by a duly authorized representative; and this provision shall apply to this clause as well as all other conditions of this lease- Non-State Park Lease 15 1 July 1997 40. DISCLAIMER This lease is effective only insofar as the rights of the United States in the premises are concerned; and the Lessee shall obtain such permission as may be required on account of any other existing rights. It is understood that the granting of this lease does not eliminate the necessity of obtaining any Department of the Army permit which may be required pursuant to the provisions of Section 10 of the Rivers and Harbors Act of 3 March 1899 (30 Stat.1151; 33 U.S.C. § 403), or Section 404 of the Clean Water Act (33 U.S.C. § 1344). IN WITNESS WHEREOF I have hereunto set my hand by authority/direction of the Secretary of the Army this i o day of j 2 z o 02 ANTHONY J. F ANN Lieutenant Colonel, Corps of Engineers District Commander Walla Walla District THIS LEASE is also executed by the Lessee this /d A4 day of d WO& d� 5Lt JOYCE O Mayor City of Pasco, Washington Non-State Park Lease 16 1 July 1997 CERTIFICATE OF AUTHORITY I, . 1 r �_ �'_&AC certify that I am the of the CITY OF PASCO, WASHINGTON, that f-tri-jag- c��Sc , who signed the foregoing instrument on behalf of the lessee was then W'4 r)..P_ of C (r_1 0 _ PAY,C U . I further certify that the said officer was acting within the scope of powers delegated to this officer by the governing body of the grantee in executing said instrument. J Date i io nn Clerk or Appropriate fficial ACKNOWLEDGMENT STATE OF WASHINGTON ) ss COUNTY OF WALLA WALLA) On this 16 day of AOO F. before me the undersigned Notary Public, personally appeared ANTHONY J. HOFMANN, District Commander, U.S. Army Engineer District, Walla Walla, Washington, known to me to be the person described in the foregoing instrument, who acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. -%RES y ¢ A,t U Q Notary Public My Commission E Q $ �':7 ^a co 01� Non-State Park Lease 17 1 July 1997 THIS INSTRUMENT PREPARED BY: 1 M, S Paul Shampine, Realty Specialist U.S. Army Corps of Engineers Walla Walla District, Real Estate Division 201 N. Third Avenue 509-527-7324 REVIEWED FOR LEGAL SUFFICIENCY BY: obert Eskildsen, Attorney U.S. Army Corps of Engineers Walla Walla District, Office of Counsel 201 N. Third Avenue 509-527-7322 Non-State Park Lease 18 1 July 1997 c � ' N � tix A O At 7 go / O Yf � Ze GI � c a a, z }«. r A O ' ax O r ray F .ASx V P m z;IZ ri OX � p t C's IA A �• [! 30.9c k w 1 ."� Via.• r N t}1 r k Y a� ,C RI u ow n I i pi* € rrl to I It 'Ek to rx r 1 s C ¢ r ° 1096' Pe �1f"a �e o P � G .Yip L E TEt C00 to e x A tr ma.,x A �! r A � 61� rn ¢ , Notch to Shoot He. 44 '•I° Mda to I S"wt No.46 •I 1 I ' 1 M G) I a~ Q � I .. I..r T't 1 I h ' mg. N � l+l ✓ � J ' 01 N N 10 1 N N �1 O I I Y r I 0 ar r i 1.. i I I N I S 4 + I I I . ! Y' 1 1 o ' -0 n 7. t ! I 1 I • ! � I 4• 4 G„ �K ,1 PZ a , � N � y ' ri Moo. 00 i AE 1 �x x � � 9 --I I O r, I • a x G , ..o - x _ �x � a� � 9 � Lam.._:.�,_�• , -- , w a CD CD m � EL D 7 +R ksXr c, V , , a •� . • 4 C 1 t i• �.SJ` `ca ni cn y .Z -~tai: � + r` � •� +~ /�+ �.1[+Iw •% �,�T Vii' I-I,! ~ _ ra Exhibit B ow - ADMINISTRATIVE AND COMMUNITY SERVICES DEPARTMENT v P.O.BOX 293,525 NORTH THIRD AVENUE,PASCO,WASHINGTON 99301 DIVISIONS ADMINISTRATIVE November 20, 2007 SERVICES (509)544-3096 FAX 543-5727 CITY CLERK Paul Shampine F5AX543 5727 Realty Specialist Walla Walla Dist. Corps of Engineers SERVICESs 201 North Third Ave. (509)543-5757 Walla Walla WA 98362-1876 F4X543-5758 FINANCE Dear Mr. Shampine: SERVICES- (S09)9J 55445-3401 FAX 544-3082 In response to your request for the City's plans regarding Chiawana Park, I submit the following. INFORMATION Assuming the City and COE enter into a lease agreement for the park,the City would plan to SERVICES complete the proposed projects, subject to funding, within the approximate timetables as follows: (509)545-3419 FAX543-5758 2008—2009 RECREATION SERVICES Pruning. There are a number of trees in the park that are in need of substantial pruning to remove (509)545-3456 dead and dying material. The City will attempt to do this work in the next 2 years. FAX545-3455 Convert Hand Line Irrigation. There is a section of the eastern portion of the park along the trail near the river that is irrigated with moveable pipe. The City proposes to bring in fill material sufficient to cover lines for a fixed underground system for this area. Installation of Milepost Markers. As part of its efforts to complete elements of the Sacagawea Heritage Trail in the Tri-Cities,the City proposes to complete installation of milepost markers along the trail portion along the levee from Road 54 to the West end of Chiawana Park. 2010-2012 Playground. The City proposes to replace the old playground equipment at the east end of the park. Restroom. The east end restroom structure is not functional and needs to be replaced and, ideally, connected to the sewer. The City proposes to undertake this work. Parking Lots,Roadways. Most of these facilities are in need of resurfacing. Thank you for this opportunity to provide this information. Sincerely, Stan Strebel Administrative and Community Services Director Exhibit G INVENTORY AND CONDITION REPORT CHIAWANA PARK & COLUMBIA RIVER SHORELINE CITY OF PASCO LEASE NO. W912EF-1-08-07 QUANTITY ITEM AND DESCRIPTION CONDITION ID# MCN- 1 Modular Residence (East end) Good 10040 1950 sq. feet; wood-framed; concrete foundation; carport; patio 1 Boat Ramp w/parking area (East end) Good 8939 Ramp - 35' wide Parking area — 168' x 48' Fair 1 Boat Dock (East end) Fair 9478 Wood; concrete; 95' long 1 Underground Irrigation System (East end) Poor 4547 8.5 acres of 9,600 LF PVC pipe and fittings; pop-up sprinkler heads; solenoid valves; 8-circuit automatic controller 1 Pavement (Bike Path) (East end) Fair 4549 9' wide; asphalt; (older path, away from the river) 1 Pumphouse (East end) Poor 4551 8' x 20'; concrete 1 Shop (East end) Good 5606 30' x 70'; metal with insulation; restroom; (wiring suspect in building) 1 Comfort Station (East end) Poor 4554 29' x 24'; concrete block 1 Parking Lot (East end) Fair 8900 75' x 210'; asphalt; w/gate 1 Road (East end to West end) Poor 8958 5280'; 2-lane; asphalt; w/gate 1 Playground Equipment(East end) Poor 8899 Metal; two slides; swings; climbing apparatus 1 Exhibit D INVENTORY AND CONDITIONS REPORT (CONT) CHIAWANA PARK CITY OF PASCO LEASE NO. W912EF-1-08-07 QUANTITY ITEM AND DESCRIPTION CONDITION ID# MCN- 1 Entrance Sign (East end) Poor 8901 Concrete; metal 1 Fence (East end) Good 8938 415' long; 6' tall; chain link; three gates 1 Storage Building (East end) Poor 8918 24' x 30'; maint/shop; concrete block 1 Storage Building (East end) Poor 8902 15' x 12'; wood w/metal roof 1 Comfort Station (West end) Good 9018 30' x 15'; concrete block 1 Fence (West end) Fair 9042 Newer section: 600' long; 6' high; w/seven 3' gates; one double gate, 14' long Older section: 600' long; 6' high (poor condition) 1 Boat Dock (West end) Poor 9039 Includes gangway; total of 175' x 7'; wood; metal; concrete 1 Bike Path (West end) Good 9041 6' wide; asphalt; (runs next to the river the whole length of the park before connecting with the older bike path on east end) 1 Pumphouse (West end) Poor 4553 9' x 7'; concrete block 1 Parking Lot (West end) Poor 8978 525' x 75'; L-shaped; asphalt 3 Picnic Shelters (West end) Good 9038 Metal; wood; concrete base 25' x 35' 2 INVENTORY AND CONDITIONS REPORT (CONT) CHIAWANA PARK CITY OF PASCO LEASE W912EF-1-08-07 gU_ANTITY ITEM AND DESCRIPTION CONDITION ID# MCN- 1 Picnic Shelter (West end) Fair 9040 30' x 30'; pumice block; concrete base; Wood top; w/ rock and tar roof 1 Playground Equipment (West end) Good 8998 Plastic; slides; climbing apparatus; (area around playground is enclosed with a concrete perimeter); (4) horseshoe pits; volleyball court area We, the undersigned, agree that at as of the date of this document the above listed property is owned by the Government and is in the condition as indicated. City of Pa o Corps of Engineers �w By: 1 �� Stan Strebel, Director Paul Shampine Administrative and Community Realty Specialist Services Date: 2008 Date: u��. ,� 2008 3 Project Property Book Page 5 of 16 Project Property Book Page 6 of 16 Project ID: MCN Property ID Code: MCN-4547 Project ID: MCN Property ID Code: MCN-4549 •a Structure No.:P0097 Latitude: 4824518588 Structure No.:P0099 Latitude: 4624744556 Longitude: -119.2076306 Longitude: -119.2052749 Location: CHIAWANA PARK-EAST END Location: CHIAWANA PARK-EAST END Structure Type: Structure Type: UNDERGROUND IRRIGATION SYSTEM-LABELED ON INSIDE SAVE,EAST END PAVEMENT(BIKE PATH)-LABELED ON METAL POST,CENTER OF BIKE PATH,NE CORNER INTERSECTION,AT ENTRANCE TO PARK Remarks: 8.5 ACRES OF 9,600 LF PVC PIPE 3 FITTINGS,215 EA POP-UP SPRINKLER HEADS,5 EA Remarks: ELECT SOLENOID VALVES 1 EA 6 CIRCUIT AUTOMATIC CONTROLLER(RAINBIRD), 9-FOOT WIDE ASPHALT BICYCLE PATH(OLDER,AWAY FROM THE RIVER) NEXT TO RIVER https://w3-nw ,,usw&e y.mil/apps/reiiimporL/pmjacthook.asp 8112007 https;/AY3.nw ..usamarmy.mil/apps/remisreports/projectbook.asp 8/1/2007 Project Property Hook Page 7 of 16 Project Properly Book Page 8 of 16 Project ID: MCN Property ID Code: MCN-#JM I&& Project ID: MCN Property ID Code: MCN-4551 Al t i '4 III VI I Structure No.:POtoo Latitude: 46-24599827 Structure No.:P0101 Latitude: 46.24545164 Longitude: -119.2079578 Longitude: -119.2059712 Location: CHIAWANA PARK-EAST END Location: CHIAWANA PARK-EAST END Structure Type: Structure Type: FRAME DWELLING-LABELED ON CRAWL SPACE IN CARPORT,OUTSIDE,METAL SIDE PUMPHOUSE-LABELED ON ENTRY BOX ON ROOF Remarks: Remarks: FRAME DWELLING;W/CARPORT AND PRIVACY FENCE CONCRETE PUMPHOUSE httpa://Wi.nww.mwe.umy.rail/apps/romisropons/projeetbook.asp 8112007 https://W3.nww.usace.anny.mil/appslremisreporm/projeedtaokasp 811/2G07 Project Property Book Page 9 of 16 Project Property Book Page 10 of 16 Project ID; MCN Property ID Code; MCN-6606 Project ID: MCN Property ID Code: MCN-4554 Structure No.:P0102A Latitude: 48.24828548 Structure No.;P0104 Latitude: 48.24483474 Longitude: -119.2077338 Longitude; -110.2081858 Location: CHIAWANA PARR-EAST END Location: CHIAWANA PARK-EAST END Structure Type: Structure Type: SHOP-LABELED ON ELECTRICAL BOX BETWEEN DOORS COMFORT STATION-LABELED UNDER PATIO COVER MEN'S SIDE Remarks: Remarks: METAL WITH INSULATION;RESTROOM INSIDE;WIRING SUSPECT CONCRETE BLOCK COMFORT STATION https://w3.nww.usace.army.mil/apps/mnm sraWrt*mjectbwk-wp 8/1/1007 https!//W3.nww.m=e.army.mil/apps/remisreports/pmjmtbook-wp 8/1/2007 Project Property Book Page 11 of 16 Project Property Book Page 12 of 16 Project ID: MCN Property ID Code: MCN-8900 Project ID; MCN Property ID Code: MCN-8958 �s Structure No.:P0406 Latitude: Structure No.:P0407 Latitude: Longitude: Longitude: Location: CHIAWANA PARK-EAST END Location: CHUIWANA PARK-EAST END Structure Type: Structure Type: PARKING LOT-LABEL IS ON FLAG POLE ROAD-LABEL ON GATE POST ON NORTH SIDE OF ROAD Remarks: Remarks: 25 X 70 YARDS;ASPHALT;WIGATE 2 LANE;ASPHALT;W GATE(GOES FROM THE EAST END OF PARK TO THE WEST END OF THE PARK) https:/AV3.nwwusaca.army.mil/apps/remisreports/projeetbook.asp 8/1/2007 hup6://w3.nww.osace.army.mil/apps/romisreports/pmjectboak-mp MID07 Project Property Book Page 13 of 16 Project Property Book Page 14 of 16 Project ID: MCN Property ID Code: MCN-8902 Project ID: MCN Property ID Code: MCN-8899 ,s. M' .F➢ti � -yok w9. Structure No.:$0002 Latitude: Structure No.:T000l Latitude: Longitude: Longitude: Location: CHIAWANA PARK-EAST END Location: CHIAWANA PARK-EAST END Structure Type: Structure Type: STORAGE BUILDING-LABEL ON FENCE POST AT NORTH END OF BUILDING PLAYGROUND EQUIPMENT-LABEL ON FLAG POLE Remarks: Remarks: WOOD WIMETAL ROOF;12'X 15;INSIDE FENCED ENCLOSURE METAL;(2)SUDES:SWINGS;CLIMBING APPARATUS https://w3.nww.mace,army.mil/apps/mmismporLs/pmjecthook.asp S/I/2007 htps://W3.nww.=u.army.mii/apps/ramisreportr/pmjactbook.mp 8/12007 Project Property Book Page 15 of 16 Project Property Book Page 16 of 16 Project ID: MCN Property ID Code: MCN-3901 r . Structure NO.:Y0002 Latitude: Longitude: Location: CHIAWANA PARK-EAST END Structure Type: ENTRANCE SIGN-LABEL ON FLAG POLE Remarks; hops://w3.nww.usace.army.millappshemisrepot is/pmjectbook.asp 8/12007 https#w3 nww.nsace army rail/apps/remisreports/pmjectb kasp 8/12007 Project Property Book Page 1 Of 10 Project Property Book Page 2 of 10 Project ID: MCN Property ID Code: MCN-9018 Project ID: MCN Property ID Code: MCN-9042 K Y ,rX p Structure No.:C0001 Latitude: Structure No.:F0402 Latitude: Longitude: Longitude: Location: CHIAWANA PARK-WEST END Location: CHIAWANA PARK-WEST END Structure Type: Structure Type: COMFORT STATION-LABELED ON BACK,DOUBLE DOORS FENCE-LABELED ON NORTH CORNER POST OF FENCE,CLOSEST TO THE CINDER BLOCK WALL Remarks: CONCRETE BLOCK;30'X 15' Remarks: NEWER CHAINLINK SECTION IS 200 YARDS LONG BY 6 FOOT HIGH W 1(7)3'GATES AND (1)DOUBLE 14'GATE,RUNS NEXT TO PARKING LOT AND ROAD LEADING TO EAST END OF PARK(FENCE IN FAIR CONDITION.DOUBLE GATE IN POOR CONDITION);OLDER CHAINLINK SECTION IS 6 FOOT HIGH BY 200 YARDS LONG,RUNS ALONGSIDE ROAD FROM CROSSROAD e6 TOWARDS FAR WESTERN END OF PARK ON POOR CONDITION). hops://w3.nww.usace.army.mii/npps/remisreports/projoctbookayp 8/If2007 https://w3.nww.usace.arnry.mil/apps/ramisrupor&pmjwtbwk.asp 8/1/2007 Project Property Book Page 3 of 10 Project Property Book Page 4 of 10 Project ID; MCN Property ID Code: MCN-9039 Project ID: MCN Property ID Code: MCN-9041 Structure No.:K0005 Latitude: Structure No.:N0172 LatRude: Longitude: Longitude: Location: CHIAWANA PARK-WEST END Location: CHIAWANA.PARK-WEST END Structure Type: Structure Type: BOAT DOCK-LABEL LOCATED ON SOUTH SIDE RAIL,AT JOINT IN RAMP BIKE PATH-LABEL ON KIOSK OF CONCRETE SHELTER Remarks: Remarks: BOAT DOCK INCLUDES GANGWAY,TOTAL OF 175 FEET LONG AND 7 FEET VIDE. ASPHALT;6 FOOT WIDE;COMES INTO THE WEST END OF PARK,HEADS EAST(OR WOOD/METAL/CONCRETE VICE VERSA).RUNS THE WHOLE LENGTH OF THE PARK,CLOSE TO THE RIVER. hups://w3.nww.usaca.atmy.triUappa/ren ismports/projectbwk.aw 8/12007 hops://w3.nww.uvece.army.mil/ylWnmisroporWprojactbo)Lnp 8/1/2007 Project Property Book Page 5 of 10 Project Property Book Page 6 of 10 Project ID: MCN Property ID Code: MCN-4553 Project ID: MCN Property ID Code: MCN-8978 a' Structure No.:P0103 Latitude: 46.24953023 Structure No.:P040a Latitude: Longitude: .119.2162229 Longitude: Location: CHIAWANA PARK-WEST END Location: CHIAWANA PARK-WEST END Structure Type: Structure Type: PUMPHOUSE-LABELED OVER DOOR PARKING LOT Remarks: Remarks: CONCRETE BLOCK PUMPHOUSE W/1 EA TANK,PRESSURE,315 GALLON,1 EA 175 X 25 YARDS;L-SHAPED;ASPHALT HYPOCHLORINATOR,PROPORTIONEERS SER.FIM 59992406,1 EA PUMP, UNIVERSAL htips://w3.nww.usue.army.Eril/appi/oniivaports/pmjectbaokasp 8/1/2007 https://w3.nw ,mue.umy.nvl/apps/remisrepom/projectook.up 9/1/1007 Project Property Bleak Page 7 of to Project Property Book Page B of 10 Project ID: MCN Property iD Cade: MCN-9038 Project ID: MCN Property ID Cade: MCN-9040 �Y� II�111 Structure NO.:R0264 Latitude: Structure No.:R0266 Latitude: Longltude: Longitude: Location: CHIAWANA PARK-WEST END Location: CHIAWANA PARK-WEST END Structure Type: Structure Type: PICNIC SHELTERS(3)-ON NORTH POST BEHIND THE SHELTER PICNIC SHELTER-LABELED ON KIOSK Remarks: Remarks: METALANOOD;CONCRETE BASE;25'X 35'EACH SHELTER A:OLOSESTTO COMFORT PUMICE BLOCK(ABOUT V EXTENDED EACH WAY ON EACH CORNER;CONCRETE STATION(DESIGNATION 1)B:CLOSEST TO BOAT DOCKIGANGWAY(DESIGNATION 2) BASE;WOOD TOP;30'X 30%WITH ROCK/rAR ROOF AND SOME OF THE ROCK IS C:FURTHEST WEST,NEXT TO OLDER PICNIC SHELTER(DESIGNATION 3) LOOSE. hops:/Aw9.nww.ws .army.mil/apps/romisfepoRdprojactbookasp 8/1/1007 hops://w3.nww.usace.army.mil/apps/remisrepotts/projectbook.asp 8/1/2007 Project Property Book Page 9 of 10 Project Property Hook Page 10 of l0 Project ID: MCN Property ID Code: MCN-8998 %v Structure No.:T0002 Latitude: Longitude: Location: GHIAWANA PARK-WEST END Structure Type: PLAYGROUND EQUIPMENT-LABELED ON KIOSK OF CONCRETE SHELTER Remarks: PLASTIC,SLIDES,CLIMBING APPARATUS,AREA AROUND PLAYGROUND ENCLOSED WITH A CONCRETE PERIMETER;(4)HORSESHOE PITS;VOLLEYBALL COURT https:/tw3,nww.mme.army.mil/apps/mmisrewrts/projectbook.asp 6/1/2009 https://w3.nww.uam.army.mil/apps/remisreports/pmjmtbwk.wp 9/1/2007 Project Property Book Page I of 16 Project Property Book Page 2 of 16 Project ID: MCN Property ID Code: MCN-8939 Project ID: MCN Property ID Code: MCN-8938 Structure No.:B0001 Latltuda: Structure No.:F0401 Latitude: Longitude: Longitude: Location: CHIAWANA PARK-FAST END Location:CHIAWANA PARK-EAST END Structure Type: Structure Type: BOAT RAMP-LABEL IS ON ENTRANCE SIGN FENCE-LABELED ON NORTH CORNER POST OF GATE Remarks: Remarks: RAMP IS 35'WADE WITH ASSOCIATED TURN-AROUND.ROADAND PARKING AREA(56 X 415'LONG e'TALL;CHAIN LINK Wt3 GATES 16 YARDS)BOAT RAMP CONDITION IS CONSIDERED GOOD,WHILE THE PARKING AREA IS CONSIDERED FAIR. https://w3.nww.ms .army mil/apps/mrnismpons/pmjecthook.mp 8/1/2007 https;//w3.nww.umet.army.mil/apps/romisroports/Pmjectbook.asp 8/1/2007 Project Property Book Page 3 of 16 Project Property Book Page 4 of 16 Project ID: MCN Property ID Code: MCN-9478 Project ID: MCN Property ID Code: MCN-8918 Structure No.:K0021 Latitude: Stricture No.:M000l Latitude: Longitude: Longitude: Location: CHIAWANA PARK-EAST END Location: CHIAWANA PARK-EAST END Structure Type: Structure Type: BOAT DOCK STORAGE BUILDING-LABELED ON CORNER FENCE POST CLOSEST TO BUILDING Remarks: Remarks: MAINTSHOP;CONCRETE BLOCK;24'X 30' https:/W.nww.mme-a y.mil/appsfmnmsroports/projeetbook.W 811/1007 https;//w3,nww.usace.army.miVapps/ramisreporls./pmj ectbook.asp 8112007 ENVIRONMENTAL BASELINE STUDY FOR PROPERTY INSPECTION AND RECORDS EXAMINATION (EBS) RECOMMENDATIONS: X ACQUIRE/DISPOSE/TRANSFER/OUTGRANT PROPERTY AS IS ACQUIRE/DISPOSE/TRANSFER/OUTGRANT PROPERTY WITH CLEANUP OF SOLID WASTE ACQUIRE/DIS POSE/TRANS FER/OUTG RANT PROPERTY WITH CLEANUP OF HAZARDOUS MATERIAL OBTAIN PHASE I/PHASE II ENVIRONMENTAL AUDIT Exhibit E PROPERTY INSPECTION CHECK LIST FOR ENVIRONMENTAL BASELINE STUDY (EBS) Project Name: McNary Lock and Dam Project Site Name: Chiawana Park and Columbia River Shoreline Legal Description: Portion of Sections 20, 29, 28, 27 all in Township 9N, Range 29E. Government Tract Nos.: XX-3561, XX-3500, XX-3559, XX-3558, XX-3557, XX-3554, XX-3552, XX-3551, XX-3549, XX-3548, XX-3547, XX-3546, XX-3544, XX-3543, XX-3542, XX-3541, XX-3539, XX-3538, XX-3537, XX-3536, XX-3534, XX-3533, XX-3532, XX-3531, XX-3529 I. Environmental Conditions Observed: NO YES a. X Suspect/UnusualOdors b. X Discolored Soil or Waste C. X Discoloration of Water d. X Distressed/Dead/Unusual Lack of Vegetation e. X Abnormal Mounding f. X Area(s) of Depression g. X Other: II. Other Observed Features: NO YES a. X Building/Structures (Active or Abandoned) b. X Suspected Asbestos C, X Above Ground or Underground Storage Tanks d. X Landfills e. X Surface Impoundments f. X Underground Injection Wells g. X Drums/Containers/Hazardous Material Storage Areas h. X Lagoons (Wastewater or Hazardous Waste) i. X Incinerator j. X I Waste Piles/Disposal Sites/Pools of Liquid k. X Oil-filled Electrical Equipment/Transformers I. X Standpipes, Vent Pipes, Etc., Corning out of the Ground M. X Unexploded Ordnance n. X Industrial/Commercial Facilities o. X Wastewater Treatment Plant P. X Discharges to Surface Waters or Drainage Ditches Type: Stormwater Unknown q. X Potential Environmental/Agricultural Problems on Adjacent Land r. X Access (road, trails, etc.) S. X Telephone/Power/Pipe Lines t. X Mining/Logging/Grazing Activity U. X Sick or Dead Wildlife or Domestic Animals V. X Other: Possible lead-based paint, solid waste dumping by public, dead trees Site Name: Chiawana Park and Columbia River Shoreline Further Explanations Shall Be Noted on Exhibit "A" if Items under I and II are Checked yes. Tract Owner Date of Last Deed Book Volume & Page, Action Records of Franklin County, WA XX-3562 August Schuman et ux 15 July 1952 77/ 360 XX-3561 Louis Norling 18 Aug 1952 78 / 25 XX-3500 WB Smith et ux 3 May 1950 72 / 437 XX-3559 Robert A. Gemmell, et ux 24 June 1952 77 / 356 XX-3558 Gladys Thonney 27 June 1955 Civil Action 707 XX-3557 N.D. Sturgis et al 28 June 1955 Civil Action 752 XX-3554 Florence M. Merrick ,et vir 9 Nov. 1953 Civil Action 741 XX-3552 Florence M. Merrick, et vir 9 Nov. 1953 Civil Action 741 XX-3551 Florence M. Merrick, et vir 9 Nov. 1953 Civil Action 741 XX-3549 Albert E. Adams, et ux 21 May 1952 77 /44 XX-3548 Harvey H. Olsen, et ux 21 Mar. 1952 75 / 51 XX-3547 Elmer E. Smith 23 June 1952 76 / 242 XX-3546 Frank A. Vis eret, et ux 14 Feb. 1952 76 / 92 XX-3544 Albert E. Adams, et ux 21 May 1952 77 / 44 XX-3543 Fred Huber, et ux 21 Jan. 1953 80 / 55 XX-3542 Merle G. Radelmiller 5 Mar. 1952 76/215 XX-3541 J.C. Bailie, et ux 24 June 1952 Civil Action 693 XX-3539 Harvy S. Cook, et ux 5 Mar. 1952 76 /458 XX-3538 Ray Z. Simons, et ux 2 Jul. 1952 77 / 231 XX-3537 Myron C. Radelmiller, et ux 24 Nov. 1953 Civil 612 XX-3536 Sanford Skidmore, et ux 13 Feb. 1952 76 / 134 XX-3534 Arthur E. Stromm, et ux 4 Jan. 1952 76 / 337 XX-3533 George Szal 19 April 1955 Civil Action 612 XX-3532 M.B. Summers 11 April 1952 76 / 218 XX-3531 Warren P. Godfrey 25 Feb. 1952 176 / 210 XX-3529 Grover C. Russell, et ux 18 April 1955 Civil Action 606 III. Previous Contamination Found: Petroleum Products Degreaser/Solvents Pesticides Herbicides Radioactive Heavy Metals Organic Chemicals Ammunition Underground Storage Tanks None Other Explanation and Date of Any Remedial Action Taken: Suspected contamination only. No actual testing was done to determine presence of contamination; however, there are several areas of discoloration inside building and history of product storage/use. Has an EA or EIS Been Performed/Prepared? (YES or NO Reconnaissance Sources Site Visit Public Records Interviews (Stan Strebel (City of Pasco), Paul ShamEine (USACE—Real Estate Division), Lanell Adams (Natural Resources Mg_r, USACE—Ice Harbor Project), Robert Hays (Resource Maintenance Foreman, USACE—Ice Harbor Project)) Aerial Photos, (USGS, SCS, Tax Office, ) Internal District Records NO YES X a. Permits X b. Contracts X c. Leases X d. Easements X e. Deeds X f. Licenses X g. Other Maps Other Note: Discuss Relevant Former Uses on Exhibit "B" RECORD EXAMINATION Based on a record examination, no apparent environmental contamination as referenced in the Code of Federal Regulations C.F.R. was present which would indicate that hazardous, toxic, or radiological waste had been stored, released, or disposed of on the property as of 3 �I-A U n (Date) Paul Shampme Signed: Realty Specialist Date: p IS"AA PROPERTY INSPECTION Based on the attached Property Inspection Checklist, including surface observations only, by the undersigned, no apparent environmental contamination as referenced in the Code of Federal Regulations C� F.R.) was present which would indicate that hazardous, toxic, or radiological waste had been stored, released, or disposed of on the property as of 16 August 2007 (Date) Heather L. Humphreys Signed: Environmental Compliance Date: 31 August 2007 Coordinator, Ice Harbor REVIEW Based on the attached Property Inspection Checklist, no apparent environmental contamination as referenced in the Code of Federal Regulations C( F.R.) was present which would indicate that hazardous, toxic, or radiological waste had been stored, released, or disposed of on the property as of (Dat Richard Carlton Signed: Chief, Real Estate Division Date: APPROVAL Based on the attached Property Inspection Checklist, no apparent environmental contamination as referenced in the Code of Federal Re_ ulations C( F.R.) was present which would indicate that hazardous, toxic, or radiological waste had been stored, released, or disposed of on the property as of M1010.7 (Date) Don Redman Signed: Walla Walla District Environmental Date: 9/10r� Compliance Coordinator TO: SUBJECT: Request for Additional Baseline Study, Based on the attached Property Inspection Checklist, possible environmental contamination as referenced in the Code of Federal Regulations C�, F.R.) may exist on the inspected property. Request that additional Environmental Baseline Study and/or other documentation be provided. Date GRANTEE: I acknowledge receipt of this Environmental Baseline Study (EBS) and I agree that should I not concur with the findings contained herein I will document my objections and substantiate the reasons within 30 days of this day of , Name: Signed: Title: Date: OR I acknowledge tie condition f this property as reflected in this Environmental Baseline Study (EBS) this day of Name: Signed: / b—v Title: J Date: FURTHER EXPLANATIONS FOR ITEMS I AND II Il.a. Wells/welIhouses, including one abandoned wellhouse, irrigation pump, pumphouse 17-A, restrooms (x2), house, shop, storage building, playgrounds (x2), boat launch, docks (x2), trail, picnic structures (x3 small, x1 large shelter), parking lots, abandoned merry-go-round base and seesaw pipe base. Il.b. Based on age of facilities, asbestos is suspected. No testing was done to confirm. Il.p. Stormwater drainage ditch at pumping plant/ditch 17-A. Il.r. Roads, trails, parking lots exist. Il.s. Telephone, power, pipe lines exist. Easement for natural gas pipeline in place. I l.v. Other: Possible presence of lead-based paint, based on age of facilities. No testing was done to confirm. Presence of solid waste disposal by public, located north of boat launch river inlet area; dumping includes railroad ivies, metal signposts, concrete chunks, and asphalt. Dead trees are located in few locations throughout park are in need of removal/trimming. III. Bold/underlined items indicate presence of possible contamination. No testing was done to confirm; however, inside maintenance storage building, there were various minor residual stains seen on the floor and on shelves inside cabinets. They appeared to be from various petroleum and other chemical products. The cabinet had names of previous contents handwritten on the inside door. Due to the history of typically used and stored products used and stored for maintenance use, it is suspected that there may be contamination. Cultural Resources Management Stipulations Chiawana Park and Columbia River Shoreline Lease Preface The following guidelines have been specifically developed to identify the cultural resources roles and responsibilities the Lessee will assume on those Federal lands that are part of the Chiawana Park Lease Agreement (Agreement). While ultimate responsibility for the oversight and protection of cultural resources rests with the Federal agency (i.e. Walla Walla District, Army Corps of Engineers [Corps]), the Lessee will also assume a proactive role in meeting cultural resources obligations. The following guidelines identify the actions and procedures the Lessee will take in response to specific situations to insure cultural resource compliance requirements are met and adequate protection is provided to known cultural sites/resources. Cultural Resources Aside from the fact that Federal mandates exist which require that the effects of actions by Federal agencies on these resources be considered, it is important to define cultural resources and explain why efforts are being made to preserve them. Cultural resources are the nonrenewable remains of human activity, occupation, or endeavor, ref"Iected in districts, sites, structures, buildings, objects, artifacts, ruins, works of art, architecture, and natural features, that are significant in American history, architecture, archaeology, or culture. These resources consist of (1) physical remains, (2) areas where significant human events occurred even though evidence of the event may no longer remain, and (3) the environment immediately surrounding the actual resource. They are the tangible representatives of our past and are finite, unique, and non-renewable. Because they are nonrenewable and are diminishing in number at an ever-increasing rate, we must consider very carefully what these resources mean to us. The preservation of cultural resources has social, psychological, economic, and cultural benefits. Cultural resources are the artifacts of human behavior and human belief. They provide us with a sense of our place in time and tradition by acting as a tangible link with people who have lived before us and with those who are yet to come. Cultural resources provide us with hard, physical evidence of cultural continuity. See Appendix A, Cultural Resources Definitions. Consultant The Lessee shall provide evidence to the Corps that it has secured the services of a qualified cultural resources consultant (Consultant) who meets the professional standards set out by the Secretary of the Interior. Consultant Exhibit F services shall be secured and verification of availability of these services submitted to the Corps' Real Estate Division as consultant services are required. Compliance Process for Proposed Undertakings As mandated by law and regulation (i.e. National Historic Preservation Act [Section 1061, and 36 CFR Part 800), Federal agencies are required to assess potential impacts to historic properties (cultural resources) that might result from proposed activities/undertakings. The Section 106 process must be completed prior to the start of the activity itself. Therefore, 'the Lessee or its sub-lessees or contractors shall not undertake construction, alteration, demolition, or ground- disturbing activities of any kind on Corps leased lands and/or Corps owned buildings until the following actions have been completed. -The Lessee shall submit a written description for each proposed activity (i.e. undertaking) along with a. map showing the location of the proposed undertaking to the Corps' Real Estate Division. The Lessee will use the form provided in Appendix C for submittal of required project information. -The Corps shall review each proposed undertaking to determine the extent of required Section 106 activities including any testing, evaluation, or mitigation. -The Corps' Real Estate Division shall inform the Lessee of the required action(s) to be taken in response to each proposed undertaking. The Lessee shall be responsible for conducting any and all actions required by the Section 106 review process, as well as any costs associated therewith. Only qualified cultural resources personnel who meet the Secretary of the Interior's standards shall conduct required cultural resources work (Appendix B). -The Lessee shall insure that an Archaeological Resources Protection Act (ARPA) application and permit is obtained by the entity performing the identified investigations prior to conducting any identified cultural resources investigations associated with a proposed project on Corps leased land. Both ARPA application forms and permits are provided/issued by the Corps' Real Estate Division (Appendix D). A 30-day review period is required before the ARPA permit can be issued. All reports and other documentation generated under ARPA permits will be subject to Corps review and comment prior to the Lessee submitting final copies. -The Lessee shall provide the Corps' Real Estate Division with a final report of findings and/or other appropriate documentation as identified by the Corps that summarizes the results of cultural resources actions taken in response to each proposed undertaking. Any document prepared by the Lessee under an ARPA permit or otherwise that identifies specific cultural resources site locations on Corps land shall be exempted from public disclosure. The Lessee shall insure that all information on site-specific locations is not released to the public and is further limited only to personnel who need to be aware of such information. -The Corps shall consult/coordinate with appropriate parties (e.g. Washington State Historic Preservation Office [SHPO], Indian tribes, etc.) regarding each proposed undertaking. By regulation (i.e. Section 106 process), there is a 30-day mandatory waiting period for submittal/receipt of comments before a project can proceed. (NOTE: The 30-day waiting period is a minimum. Longer time periods may be required depending upon the nature of the work, if cultural resources will be affected, and the coordination process with consulting parties.) -The Corps shall obtain Section 106 cultural resources clearance for each proposed undertaking and the Corps' Real Estate Division will notify the Lessee when this has occurred- -The Lessee can proceed with each proposed undertaking only upon receiving written confirmation from the Corps' Real Estate Division that the Section 106 process is complete for each specific activity. NOTE: The Corps shall work with the Lessee to identify leased lands and/or types of activities that may be exempted from Section 106 reviews. Any proposed modifications to the Section 106 process will first have to receive clearance and will be coordinated with the Washington State Historic Preservation Office, appropriate Indian Tribes, and other interested parties. -If disturbance is encountered in the course of management activities, the Lessee shall arrange for inspection of the disturbed area(s) by a qualified Consultant within 48 hours of the time of discovery. The Consultant will determine if the identified disturbance has impacted cultural resources. If so, the Consultant will fill out the attached form (Appendix E) and the Lessee shall submit a copy of it to the Corps' Real Estate Division within seven (7) days of the Consultant's inspection. The Lessee will take additional steps to prevent further disturbance from happening (e.g. additional monitoring, surveillance, etc.). If cultural resources are being impacted, the Lessee shall also insure that the Corps' Real Estate Division is notified within 24 hours of the Consultant's site disturbance inspection. The Corps will assess the situation and in consultation with the Lessee, determine an appropriate response. Inadvertent Discoveries In the event an inadvertent discovery (i.e. human remains or cultural material) is made while ground disturbing activities are occurring or is otherwise discovered, all work and other activities that might impact the find will immediately stop and the Lessee will notify the Corps' Real Estate Division within 24 hours of discovery. In addition, the Lessee will also insure the remains are protected from further disturbance. No work in the discovery area will resume until Corps cultural resources staff have assessed the find, determined the appropriate actions needed, and completed all necessary compliance and coordination activities. The Corps' Real Estate Division will notify the Lessee when work can resume/proceed. If inadvertent discoveries are made outside of a ground disturbing action (e.g. monitoring, recreation, etc.), the procedures identified in the preceding paragraph that are appropriate for the particular situation will be followed. Emergencies For purposes of these guidelines, an emergency is defined as a situation that requires immediate attention to avoid material (i.e. property) and/or financial loss or the potential for injury or loss of life. If an emergency situation should occur, the Lessee will immediately contact 'the Corps' Real Estate Division, identify the nature of the emergency, and identify the type of work required to address the emergency. The Corps will review the information/situation and respond through the Corps' Real Estate Division within 24 hours of notification regarding ci_iltural resources matters. The Lessee will take no action until notified by the Corps to proceed with work unless loss of life or injury or loss of property is imminent_ In such cases, the Lessee will document the need for taking immediate action. (NOTE: Emergency situations should not be used as a means for circumventing or shortening/abbreviating the Section 106 process.) Lessee's Cultural Resources POC Within 30 days of execution of the lease, the Lessee will provide the Corps' Real Estate Division with the name of its designated cultural resources point of contact (POC). A PE DLX A Cultural Resources Defmitions Glossary of Terms adverse effect: the effect of any action or undertaking,, which may result in the deterioration of, damage to, loss of, or change in a significant cultural resource (see effect) . . Advisory Council on Historic Preservation: a council established pursuant to Title II of the National Historic Preservation Act of 1966 (NHPA) . Tinder the provisions of Section 106 of this Act, the Advisory Council ftxst be afforded an opportunity to comment on Federal, Federally assisted, or Federally licensed undertakings which may affect properties listed in or eligible for listing in the National Register of Historic Places. In addltlon, the Advisory Council provides advice to the President and Congress on national preservation policy. antiquities: those prehistoric and historic artifacts, objects, structures, buildings, ruins, sites, and monuments of socio-cultural. or scientific values which meet the general criterion of being'.more than 50 pears old (100 years old under the provisions of the Archaeological Resources Protection Act 143 CFR 33) . archaeological resource: all prehistoric and historic physical evidence of past hum4n activity, other than historical_ documents, which can,be used to reconstruct the lifeways and culture history of past peoples. These include sites, artifacts, environmental data, and all other relevant information and the contexts in which they occur. archaeology: the scientific discipline used in recovering, analyzing, interpreting, and explaining the unwritten portion of man's historic and prehistoric past, thus contribuing to our understanding of the present and to our ability to prepare for the future. _architectural values: those attributes of structures and buildings that contribute to our knowledge of history of architecture or the archi- tectural history of an area or region, or that are representative of the architectural heritage of the Nation, region, State, or locality. artifact; any object made, modified, or used by man, or any evidence of :van's presence, assemblage: remains treated as a unit because they are found together. .Assemblages with a characteristic make-up frequently are used to discern components. atlatl: a board or stick with a handle at one end and a groove or peg at the other, used to increase range in throwing a dart, spear, or lance. awl: a point of bone or flint (or of metal in the ethnehisteric period) used for. piercing holes. -B- B.P. : before present; may also be read as "years ago." A way of expressing the time of use, manufacture, 'or burial-'of a site or object. If 'der'ived f-ram radiometric of other absolute dating methods, "present" usually is defined as 1555 A.D. Other systems of reference include A.D.. (anno domini; dates begin with the year 1 of the modern Western caletdar) , B.C. (before Christ) , and . .B.-C.E. (before the Christian Era) . bateau: a light, flat-abottomed boat. bf.ace: an artifact worked on both faces, or sides (see uniface) . blade: a long; narrow flake, usually struck from a prepared core. bolas: a huiitin.g weapon consisting of two of more grooved stone balls tied on thongs to a longer line; used to entairgle the legs or wings of prey, burial,. exten4e6-c a form of burial 'in which tie body rests with legs extendia,i . and firms at the siae. burial, flexed: a form of burial in which the body rests with arms and/or legs bent up against the body. burin: a flake or blade stone tool with a small, angled, chisal-like edge or sharp, beaked point. _C_ cairn: a mound of stones. Cairns vary, bath in size: and function. Some cairns are known to mark burials. cambium: the inner bark of trees. - Many species of trees were stripped by Indians-for cambium, which is sweet and nutritious, in the season when the sap is high,. chipped stone: stone artifacts made by percussion and/or pressure flaking techniques: chopper: an ax-like stone tool which is worked only, on one _edge. chronology: (see dating) . cobble tool: a stone implement made from a cobble. complex: a pattern of traits, characteristics, or types that dis- tinguishes a group of assemblages and defines it as a group. component: a unit or level within a site that is ethnically delimited and represents a single period of occupation. The component is analagous to the settlement and is a manifestation of a phase at a given locality. core: a-stone from which flakes have been removed to make implements; • a nucleus. A prepared core is one which has been purposefully shaped so as to control the size and shape of flakes or blades being removed. -Artifacts made from cores are called "core tools:' cultural resource assessment: an evaluation of the significance of cultural resources known to be present in an area and of potential impacts and mitigation alternatives. cultural resource management: the development and implementation of programs designed to inventory, evaluate, protect, preserve," and/or make beneficial use of cultural resources and the natural resources that figured significantly iu cultural systems. The objective of such programs is the conservation, preservation, protection, and scientif=ic; study of these resources for the public good. cultural resource overview; a professionally researched and written narrative bf the prehistoric and historic human use and occupation of an area from the earliest known occupation to the present. " Activities and events discussed in the narrative are related as closely as possible to the known or suspected cultural resources present. The narrative provides a chronological and topical description and inter- pretation of the prehistory and history. The cultural resource overview provides a framework to assist in assessing the significance of cultural resources and for i-aterpretation; provides a context in which to deter-- mine the relationship and differences between the various cultural resources within an area; and serves as one of the major sources of background data for cultural resource assessments. cultural resource professional: An individual, organization, or insti- tution possessing capability through education, training, and expex- lence in the fields of anthropology, archaeology, history, archi.teAure, or architectural history, to obtain certification or recognition and to perform professionally competent studies. Federal guidelines for levels of professional expertise are. included in 36 CfR 66 (Proposed) . Cultural resources: those fragile and nonrenewable remains of human activity, occupation, or endeavor, reflected in districts, sites, structures, buildings, objects, artifacts, ruins, works of art, architecture, and natural features, that were of importance in Human events. These resources consist of (1) physical remains, (2) areas where signif icant human events occurred even though evi- d'ence of the event may no longer remain, and (3) the environment immediately surrounding the actual resource. Cultural resources, including both prehistoric and historic remains, represent a part of the continuum of events from the earliest evidences of man to the presezit day: datin : the arrangement of past events,or materials representing them,into a sequence from earliest to most recent. Absolute dates are based on precision dating techniques, such as dendrochronology (tree-ring dating) and radiometric dating (dating through the measurement of the disintegration of radioactive isotopes) , or d'e'rived from historical records, calendars, and other direct historical sources. Absolute dates are expressed in terms of years, and 'may indicate a range of time. Relative dates place events or materials in relation to one another; dates are expressed as earlier than, coeval with, or later than some other •event. debitage: waste material left by the manufacture of stone cools. Also referred to as Vaste flakes." dlf'fus ida¢ :the transmission of cultural traits, practices, or materials from onegroup 'of people to another without an actual immigration of people. Traits may be transmitted as a result of trade, war, obser- vation, dr other forms of communication and may reach groups far beyond the limits of contact of the originating group. _district: a geographically def inable area, urban or rural, possessing a significant concentration, linkage, or continuity of sites, buildings, structures, or objects which are united by past events or aesthetically by 'plan or physical development. Individual elements which are separated geographically, but are linked by association or history, also may comprise a district. drill: a stone bit or other device used for perforating or drilling purposes. effect: any change in those qualities or characteristics of a cultural resource which lend to its significance (see 36 CPR 800) . ethnography: the branch of anthropology that deals descriptively with specific cultures, such as those of the American Indian. ethnohistory: ethnographic information that can be obtained from historical documents, e.g. , diaries of early explorers, early news- paper accounts, etc. ethnology: the branch of anthropology that deals with the comparative study of the cultures of various peoples, including their distri- bution, characteristics, folkways, religions, and organization. excavation, archaeological: the scientifically controlled recovery of subsurface materials and information from a cultural resource site. Recovery techniques are relevant to research problems and are designed to produce maximum knowledge about the utilization of the site, its relation to other sites and the natural environment, and its signifi- cauce in the development and mainteuance of the cultural system. guroamerican: Americans of european descent. In the broadest sense, the term sometimes is used to indicate any non-Indian. feature: an area within a site where evidence of past human activity can be detected. Features frequently are nonportable artifacts, such as fire hearths, storage pits, burial pits, house floors, and post molds. Although features are themselves artifacts, they may be defined by concentrations of artifacts. flake: a spall removed from a larger stone by percussion- or pressure- flaking techniques. Artifacts made from flakes are called 'flake tools." focus: a group of components that are characterized by similar traits. The tzaAt lists need not be identical, but they must be sufficiently similar'. to make it possible to differentiate between earlier and latex foci or, contemporary foci from other areas. This term frequently is used as° a synonym for phase. --G-- rg aver: a small tool with a sharp point or edge .and used for trimming or cutting. ground stone: artifacts made by pecking and abrading the stone to its final shape and finish. hammerstone: a stone used for hammering. May be grooved for hafting, but more commonly is found ungrooved. historical archaeology: investigations of sites of the archaeological and historic period through the use of archaeological techniques. historic preservation: a' general term covering the Protection, rehabili- tation, restoration, and reconstruction of districts, sites, buildings, structures, and objects significant in American history, architecture, archaeology, or culture. (,q'.v. National Historic Preservation Act of 1966; P.L. 89-665) . horizon (horizon-style) : a cultural class with extensive distribu- t�on in space, but with restricted distribution in time. The horizon is made up of a complex of modes or types which spread so quickly it can be used to snychronize local sequences. -T- in sits: a latin phase meaning "in place," Archaeologically the " term is applied to an object found. in its original position or place. informant: a person knowledgeable about the cultural resources and past uses or history of an area, either through personal experience, research, or hearsay. intensive survey: a full-scale, thorough study, survey, and testing of an' area sufficient to locate and, idemtify all locatable cultural resources within that area. An intensive survey usually is sufficient to evaluate the significance of identified resources, although additional work is sometimes necessary. _ inventory: a full description and documentation of a site, including thorough library and archival research, informant interviews, photographs, maps, drawings, measurements, and other such studies. -L- lag concentrate :(lag deposit): a concentration of materials left hehi when finer sediments and materials are removed through wind or water erasi.ou. r . lanceolate: shaped like a lance, being tapered at one or both ends. lith.ic: of, or pertaining to, stone. Also used as an adjective suffix denoting, pertaining to, or characteristic of a specific developmental stage, as Paleolithic or Neolithic. -M- mano: a hand-stone used for grinding. Some writers used this name only for stones used with a backward and forward motion for grinding grains, seeds, etc, an a metate, while others apply it to all handstones, including those which are used with milling stones and which may be employed to grind seeds, paints, etc. maul: a blunted or rounded stone implement used for hammering, pounding, or pecking. metate: commonly used to' refer to grinding stones with a more or less trough-shaped depression resulting from the use of a mano with a backward and forward motion.. These were usually used to grind corn. (See also milling stone) . midden: a refuse deposit marking a human habitation area.. Middens usually contain organic matter in various stages of decay. milling stone: a stone slab on which a handstone was rubbed with a rotary motion, producing a shallow, bowl--shaped depression. Used primarily to crush and grind wild plant foods, minerals;. bone scraps, and other materials. mitigatioix: the alleviation or lessening of possible adverse effects of an action on a cultural resource by application of appropriate pro- tection measures or adequate scientific study. mode: a class of attributes by which objects are described, defined, and grouped. mortar: a deeply hasWned stone used with a pestle for crushing or - pulverizing various materials. National :Register of Historic Places: the official list, established by the Etistoric Preservation Act of 1966, of the Nation's cultural resources worthy of preservation. The Register lists archaeological, historic, and architectural. properties (districts, sites, buildings, structures, and objects) nominated for their local, state, or national significance by state or Federal agencies and approved by the Keeper of the National Register, Native Americans: refers to American Indians, Eskimos, Aleuts, Hawaiians, and other peoples indigenous to North America and out- lying states and territories. -P- aleo--: a .prefix meaning ancient or prehistoric; thus,paleoclimatic refers to past climates. ep stle: a tool used to pound or pulverize materials in a mortar. petroglyph: lines, images, or other marks incised into the surface of a rock (see pictograph) . phase: a class of occupations or group of components defining certain traits, types, or modes and their persistence. The phase is assumed to relate to a particular culture (see focus) . pfctoZraph: lines, figures, images, or other marks painted on the surface- of a rack (see petroglyph). -.ithouse: a semisubterraneau dwelling constructed by e.icavating a pit into the ground surface and erecting a conical or peaked ' roof structure over it. Pithouses varied greatly in size, depth, and shape. Also written "pit house." point: general term referring to any stone, bone, good, or metal artifact assumed. to' have been used to tip a lance, spear, narrow, or other such projectile weapon. Also commonly referred to as arrowheads. The use of the term point or projectile point is based more on shape than on implied function. post mold (po•sthole):_ indications in the soil, usually by staining or the inclusion of organic materials, of places where house support members or other upright posts or poles once stood. potholing., pothunting, pottin.g, . these terms refer to the practice of unscientific, usually unauthorized, and frequently illegal excava- tion and, van.dalazation of archaeological sites. Persons indulging in such actions are referred to as "pothunters." prehistoric: pertaining to that period of time before written history. preservations the long-term protection of a cultural resource in its ex stimg -condition, form, and extent. Preservation of archaeological data and materials may be accomplished through scientific excavation, analysis, reporting, and curation. probability sampling: a sampling scheme designed to provide an unbiased selection of sample units or o-E the population be=' g sampled. Pro- bability sampling entails the use of both probability and sampling theory, as opposed to the use of a nova-probabilistic sampling approach. Probability sampling allows the unbiased laws of chance, rather than the biased selection of the. individual, to determine which sample is selected for investigation. It allows each sampling unit an equal chance of being chosen. In this context, the term "proba- bility sampling" is synonymous with the archaeologist's use of the term' "ramdom sampling." p.rotohistoric: the study of people who were living after written history began, but who themselves did not maintain written records or have writing. provenience: the location of an object, artifact, or feature relative to a fixed point or reference. Provenience commonly is described in terms of grid referents, stzatigraphic levels, and vertical location below or above a fixed plane of reference. It provides for the scientific control of artifacts and associations once these have been removed or disturbed. -R- reconnaissance survey: a preliminary study of an area, including a partial literature search and on-the-ground surface examination of selected portions of the area. The purpose of a reconnaissance survey is to assess the general nature of the area and the cultural resources which may be present and the potential for the occurrence of such resources. This Level of investigation is appropriate for preliminary planning purposes and is useful for designing more intensive studies. relic collector: see potholing. rock art: see petroglyph and pictograph. rockshelter: rocksheltets differ from caves in that they are wider than they are deep. Size and depth vary .considerably. reconstruction: to rebuild a structure using the best evidence avail- able, inal;_xding archaeological and historical research. -to restore its original appearance or its appearance at some subsequent .period. relocation: the act of moving a cultural resource, usually a building or structure, from its original or present location to a new location. rehabilitation: repairing or remodeling a property to maintain or achieve a predetermined level of cultural resource integrity. replication: copy or reproduction of a cultural resource property (see reconstruction) . restoration: the process of accurately re-establishing the form and detail of the property or portion of a property, together with its setting, as it appeared in a particular period of time This may involve removal of later work that is not in itself significant and replacement of missing original work. retouch: a secondary removal, of small flakes from a stone artifact, using the pressure--flaking technique, for the purpose of modifying or sharpening the cutting edge. salvage: the recovery of material and data from an affected or threatened cultural resource, prior to its alteration or destruc- tion., through recordation, documentation, partial or total' excavation, and collection for analysis and interpretation. scientific value: the importance attributed to a cultural resource by scientists and historians because of information it contains that may contribute to the understanding of human behavior. scraper: an artifact used for cleaning hides, scraping bone or leather, shavizag wood, etc. In archaeological references, unless otiiierwise specified, these usually are of stone.. They are named by the position of their cutting edge (end scraper, side scraper) or by their shape (turtle Haack (flat on bottom and rounded on top) , sisub--nosed or (thumb-shaped) , and keel. scraper (keel-shaped) . Sed8O,Ii21 round_ : this term refers to the practice of peoples moving seasonally within a given geographic area to obtain foodstuffs and other resources which are seasonally available or abundant. Usually these moves were accompanied by changes in group'size and composition. serrated- botched or toothed on the edge like a saw. shuttle: a device used for holding or carrying thread, line, or other materials iii tgeaving or net making. signiflcance: the importance or value of a cultural resource as measured against national, regional, . state, local, or professional' tiiteria. (For federal criteria, see 36 CER 60) . sinker: a stone or other weight, commonly grooved for attaching a cord or line, used for weighting a net, weir, litre, or other fi.shang device. site: the location of past human activities or events, usually having some physical evidence of use or occupation. The term is most commonly applied to archaeological remains, but may refer, to any cultural resource. Sites are extremely variable in size, complexity, composition, and function. socio-cultural resource: places, objects, structures, and things of importance to a subgroup of the population at large. Included are values that reflect the concepts, religion, social heritage, habits, skills, arts, and lif estyles. of a given people. stabilization: protective technique usually applied to structures, sites, or ruins to keep them in their existing condition, prevent further deterioration, and provide structural safety without significant rebuilding.. stage: the level of development of a culture or technology or a segment of a tradition. State Historic Preservation Officer (SHPO) : the official within each State authorized by the Governor at the request of the Secretary of the Interior to act as liaison for purposes of implementing the. National Historic Preservation Act of 1966. stratified random sampling: a sauraling strategy placing greater emphasis on areas known or presumed to have high or moderate poten- tial for the occurrence of cultural resources than on areas of Lesser potential. (See also probability sampling) . surface collection: removal of cultural resource materials and remains from the surface of a cultural resource property; should be accom- plished systematically and with adequate recording of procedures and findings. surface disturbing activity: an .activity which alters the physical, chemical, hydrological, biological, morphological, etc.. , structure or character of the ground surface.or features thereon. -T- test excavatioxi: the recovery of data and material through controlled and limited .excavation of a portion of a cultural resource property, using a sampling design, to acquire critical, evaluation data. time stratigraphic marker: a natural or cultural entity, occurring in an identifiable stratigraphic position within a site, whose age is known and whose distribution in time is limited. Volcanic ash- falls are. frequently used as time stratigraphic markers. (See also horizon) . tradition: - -a.cultural.class, mode, tyre, or phase displaying extensive distribution in time, but -limited distribution in space, trait: an element, attribute, or characteristic,or group of such characteristics,which are used to describe or define artifacts, classes, or modes. -U- und'ertaking: any action, activity, or program, or the approval, gdiiction, assistance, or support of any action, activity, or pxngram by a Federal agency. . (See also 36 CFR 800.3) . un fa'ce: an attifact worked on only one face or side. -w- weir: a device for trapping fish. APPENDIX B Professional Qualification Standards 1-983 Professional Qualification Standards Page 1 of')PROFESSIONAL QUALIFICATION STANDARDS - 1983 In the September 29, 1983, issue of the Federal Register, the National Park Service published the following Professional Qualification Standards as part of the larger Secretga of the Interior's Standards and Guidelines for Archeology and Historic Preservation.These Professional Qualification Standards are in effect currently. Since 1983,the National Park Service has not issued any revisions for effect, although the National Park Service is in the process of drafting such revisions. The following requirements are those used by the National Park Service, and have been previously published in the Code of Federal Regulations, 36 CFR Part 61. The qualifications define minimum education and experience required to perform identification, evaluation, registration, and treatment activities. In some cases, additional areas or levels of expertise may be needed, depending on the complexity of the task and the nature of the historic properties involved. In the following definitions, a year of full- time professional experience need not consist of a continuous year of full- time work but may be made up of discontinuous periods of full-time or part-time work adding up to the equivalent of a year of frill-time experience. History The minimum professional qualifications in history are a graduate degree in Wstbry Dr closely related field; or a bachelor's degree in history or closely, related field plus one of the following: 1. At least two years of full-time experience in research, writing,teaching, interpretation, or other demonstrable professional activity with an academic institution,historical organization or agency, museum, or other professional institution; or 2. Substantial contribution through research and publication to the body of scholarly knowledge in the field of history. Archeology The minimum professional qualifications in archeology are a graduate degree in archeology, anthropology, or closely related field plus: 1. At least one year of full.-tizxze professional experience or equivalent specialized training in archeological research, administration or management; 2. At least four months of supervised field and analytic - http://www2.cr.aps.gov/laws/ProfQua183.htm 12/9/2003 19$3 Professional Qualification Standards Page 2 of 3 experience in general North American archeology; and 3. Demonstrated ability to carry research to completion_ In addition to these minimum qualifications, a professional in prehistoric archeology shall have at least one year of full-time professional experience at a supervisory level in the study of archeological resources of the prehistoric period. A professional in historic archeology shall have at least one year of full- time professional experience at a supervisory level in the study of archeological resources of the historic period. Architectural Histoa The minimum professional qualifications in architectural history are a graduate degree in architectural history, art history,historic preservation, or closely related field, with coursework in American architectural history; or a bachelor's degree in architectural history, art history, historic preservation or closely related field plus one of the following: 1. At least two years of full-time experience in research, writing, or teaching in American architectural history or restoration architecture with an academic institution, historical organization or agency, museum, or other professional institution.; or 2. Substantial contribution through research and publication to the body of scholarly knowledge in the field of American architectural history. Architecture The minim professional qualifications in architecture are a professional degree in architecture plus at least two years of full-time experience in architecture; or a State license to practice architecture. Historic Architecture The minimum professional qualifications in historic architecture are a professional degree in architecture or a State license to practice architecture, plus one of the following: 1. At least one year of graduate study in architectural preservation,American architectural history, preservation planning, or closely related'field; or 2. At least one year of full-time.professional experience on historic preservation projects. http://www2.cr.nps.gov/laws/ProfQual83.htm 12/9/2003 X983 Professional Qualification Standards Page 3 of 3 Such graduate study or experience shall include detailed investigations of historic structures, preparation of historic structures research reports, and preparation of plans and specifications for preservation projects. Ba�icstier� - ,� Last Modified:Thursday,June 3,1999 08:09:30 am EDT a http://www2.cr.nps.gov/laws/ProfQual83.htm 12/9/2003 Request for Cultural Resources Review Review Tracking Number. Request for Cultural Resources Review for Walla Walla District, US Army Corps of Engineers Direct Form and Cultural Resource Questions To: Mona Wright, Phone 509.527.7278 FAX 509.527.7832 Date Received At District: Date f=indings Requested By: Primary Contact: Project: Email: Telephone: Fax: Secondary Contact: Project: Email: Telephone: Fax: Project Name: Project/Contract Number: Project Manager: Project Description, including Time Period over which proposed action.will occur: Project Dimensions: Depth of Excavation(s): Please also provide the following: 1. Overview map showing project location (or other suitable map to assist in finding the project site). 2. Map or scale drawing showing all excavation areas and/or building alterations (including water, sewer, and power lines, etc.), parking, topsoil storage areas, equipment staging areas, access roads, and utility corridors. Project Location: ©Dworshak Q Ice Harbor ❑Littie Goose ' ❑ McNary ❑Lower Granite ❑Lower Monumental 0_Lucky Peak ❑Mill Greek E7 Other Submitted By: Telephone: SUBMIT A COPY OF THIS REOUFSTTO THE PROJECT MANAGER UNDER WHOM THEIR PROJECT FALLS APPENDIX D ARPA Application & Permit Forms OMB APPROVAL NO. 1024-0037 Expires 30 June 1989 DEPARTMENT OF THE ARMY APPLICATION FOR A FEDERAL PERMIT UNDER THE ARCHAEOLOGICAL RESOURCES PROTECTION ACT approved October 31, 1979 (Public Law 96-95; 93 Stat. 721; 16 U.S.C. 470aa-11; 32 CFR 229) NAME OF PROJECT OR INSTALLATION: All information requested must be completed before application will be considered. Use separate sheets of paper if more space is needed to complete a section. 1. Name of Institution of Individual 2. Date of Application 3. Address (Include Zip Code) 4. Type of Permit Requested: a. Surveys, limited testing/limited collections of lands identified in No. 5. b. To excavate, collect, and make extensive collections on specific sites described below in No. 5. 5. Lands of the United States for which permit is requested: a. Description: Specify military installation or civil works project. If on surveyed lands, description must be by subdivisions of the Public Land Surveys. If on unsurveyed lands, description must be by metes and bounds with ties to some topographic feature. b. Appropriate map(s), sketch, or plan showing specific sites or areas for which permit is desired: (Use separate sheets, if necessary, and attach a copy of the application). 6. Nature and extent of the work proposed, including how and why it is proposed to be conducted: EEG FORM 4922-R, Oct 88 EDITION OF DEC 86 15 OBSOLETE. (ER 405-1-:'2) Page 1 of 2 Pages 7. Name, address, and institutional affiliation, if any, or persons in "a" and "b" below: a. Individual(s) proposed to be responsible for carrying out the terms and conditions of the permit, (in general charge): b. Individual(s) proposed to be responsible for conducting the work, (in direct charge of field work): Include as part of the application, evidence of qualifications, in accordance with 32 CFR 229.8 of the Final Uniform Regulations. 8. Proposed date field work will begin: 9. Proposed time of performance: 10. University, museum, or other scientific or educational institutions in which the applicant proposes to store all collections, and copies of records, data, photographs, and other documents derived from the proposed work. (The application must include a written certification, signed by an authorized official of the institution, of willingness to assume curatorial responsibility,.and to safeguard and preserve these materials as property of the United States, or in the case of an application on Indian lands, in the event the Indian owners do not wish to take custody.) 11. Proposed outlet for public written dissemination or the results. 12. Evidence of the applicants' ability to initiate, conduct, and complete the proposed work, including evidence of logistic."support and laboratory facilities. 13. Certification: 1 hereby certify that all materials will be curated within 90 days after completion of the final report in accordance with 32 CFR 229.8 of the final regulations. SIGNATURE (Individual in General Charge) 14. Complete and return two (2) copies to the District Commander. (Reverse of ENG FORM 4922-R1 Page 2 of 2 Pages DEPARTMENT OF THE ARMY ARCHAEOLOGICAL RESOURCES PROTECTION ACT PERMIT NAME OF PROJECT OR INSTALLATION: (P/ease use this number when referring to this permit.). NO. To conduct work upon public lands owned or controlled by the Department of the Army under the Archaeological Resources Protection Act(93 Stat. 721, 16.U.S.C.470aa-11) approved October 31, 1979 and the regulations thereunder(32 CFR 229). 1. PERMIT ISSUED TO: DATE: 2. NAME, ADDRESS AND OFFICIAL STATUS OF PERSON: a. In general charge: b. In actual direct charge: 3. UNDER APPLICATIQN DATE: 4. AUTHORIZES: 5. ON LANDS DESCRIBED AS FOLLOWS: 6. FOR PERIOD: 7. MATERIALS COLLECTED UNDER THIS PERMIT WILL BE DEPOSITED FOR PERMANENT PRESERVATION IN THE OR IN OTHER ACCREDITED INSTITUTIONS UNDER SUITABLE LOAN AGREEMENTS. A COPY OF A CURRENT, VALID CURATION AGREEMENT MUST BE KEPT ON FILE WITH DISTRICT COMMANDER. VG FORM 4923-R, Oct 88 EcmoN'urf DEC 86 IS OBSOLETE. (ER 405-1-72) Page 1 of 4 Pages 8. CONDITIONS This permit is subject.to the provisions of the Archaeological Resources Protection Act approved October 31, 1979, and the regulations, thereunder, including 32 CFR 229.7 as to Indian lands, and the following conditions: a. Archaeological resources shad be analyzed and recorded in the field as much as possible. Collection of cultural resource material solely for later laboratory analysis is discouraged. The grantee will specify in the application when laboratory analysis is anticipated. b. Collections of archaeological resources, artifacts and other material removed from public lands under the provisions of this permit remain the property of the United States Government and may be recalled at any time for use of the Department of the Army or other agencies of the Federal Government. c. The following individual(s) are authorized to be in direct charge of field work conducted under this permit: (1) (2) (3) d. The person(s) in direct charge of field work shall be on-site at all times when work is in progress. Failtjre to comply with permit stipulations will result in removal of subject's name(s) from the approved list of persons-in=direct charge. e. During the course of the activities conducted'under this permit, the District Commander, or his representative shall have access to the'study area of this permit, and during or after completion of this work shall have the right,t6 inspect all artifacts or other materials removed. f. At least three copies of all published journal articles(reprints)and other published or unpublished reports and manuscripts resulting from work conducted under this permit shall be filed with the Commander. g. Upon request, all field notes, records, photographs, and other data related to this permit shall be made accessible to the COE Archaeologist for review. h. Temporary stakes and/or flagging used to identify sites shall be removed upon completion of the project unless otherwise authorized. i. Vehicular activity shall be restricted to existing roads and trails unless otherwise authorized. Care shall be exercised to avoid directly or indirectly increasing access or potential vandalism to cultural resource sites. j. Disturbed areas shall be kept to a minimum size consistent with the purpose of the study. G FORM 4923=R) Page 2 of 4 Pages k. Permittee shall take adequate precautions to prevent livestock,wildlife, and the public from injury in any pit or trench. I. All test holes shall be backfilled. m. Living trees shall not be cut or otherwise damaged, unless authorized by the District Commander. n. Proper precaution shall be taken at all times to prevent and suppress fires. The permittee shall be held responsible for suppression costs for any fires on public lands caused through negligence of the permittee or his authorized representatives. No burning shall be allowed without specific permission. o. Improvements such as fencing, reservoirs, or other improvements within the permit area shall not be disturbed unless prior written approval is obtained from the District Commander. Any improvement disturbed shall be left in its original or better condition, as determined by the District Commander. p. The permittee shall be responsible for cleaning up all camp and work sites before leaving the area. Caution shall be taken to prevent littering and pollution on public lands or on adjoining properties. Refuse shall be carried out and deposited in approved disposal areas. q. In the event that the land in question is under lease or outgrant to a third party, the permittee shall obtain approval and permission from the third party and shall fully compensate the third party for damages caused by the activities of the permittee. r. The district Commander reserves the righVto terminate this permit at any time. s. Possession or use of firearms on the permitorea is prohibited. t. The United States shall not be responsible-for damages to property or injuries to persons which may arise from or be incident to the use and occupation of the said premises, or for damages to the property of the permittee, or for injuriesfto the person of the permittee (if an individual), or for damages to the property or injuries to the person of the permittee's officers, agents, servants, or employees, or others who may be on said premises at the invitation of any one of them, arising from governmental activities, and the permittee shall hold the United States harmless from any and all such claims except for claims arising,out of the negligence or willful misconduct of the Governments officers, agents, servants or employees. u. SPECIAL CONDITIONS, as marked X in appropriate box on attached sheet. 9. PRELIMINARY REPORT: Within approximately weeks of the conclusion of field work a preliminary report of work performed under this permit, illustrated with representative photographs and listing new and significant collected materials should be furnished the District Commander. IN WITNESS WHEREOF: I have hereunto set mj'''hand by the authority of the Secretary of the Army. 3 FORM 4923-R) Page 3 of 4 Pages SPECIAL CONDITIONS [� a. This permit shall not be,exclusive in,character, and there is hereby reserved unto the Government the right to use, lease or permit the use of said land or any part thereof for any purpose. [� b. Other institutions may be engaged in archaeological research in the general area covered by this permit, and in case there should be conffict,with respect to a site not specifically designated in a permit, the parties concerned shall reacn agreement between themselves as to which shall work the site. ❑ c. Transportation in Department of the Army,vehicles cannot be furnished, except in cases where no extra expense to the Department is involved. ❑ d. All costs shall be borne by the permittee. ❑ e. The exploration or excavation of an'y Indian grave or burial ground on lands under the jurisdiction of the Department of the Army is restricted solely to qualified archaeologists. No Indian grave or burial ground may be investigated without permission of the governing council of Indians concerns, which supplemental authority must be promptly recorded with the official in charge of the designated area. f. All excavated areas shall be restored by filling in the excavation and otherwise leaving the area in a near to original condition as practicable. g. The permittee shall conduct all operations,'iri such a manner as to prevent the erosion of the land, pollutiop of the water resources, and-damage to the watershed, and to do all things necessary to prevent or reduce to the fullest extent the scarring of the lands. ❑ h. Any findings of mined or processed precious.metals or other treasure trove in the area covered by this permit are the exclusive property of the Government and shall not be removed from the site without specific written permission from the Department of the Army. ❑ i. Copies of the final report,accompanied by a completed Defense Technical Information Center(DTIC) report, DD Form 9473,will be submitted to the District Commander. ❑ j. Before undertaking any work on lands administered by the Department of the Army, clearances should be obtained from the official in charge of the area. k. Before undertaking any work on Indian tribal lands or any individually owned trust or restricted ❑ Indian lands, clearance should be obtained from the Bureau of Indian Affairs official having immediate jurisdiction over the property. 3 FORM 4923-R) Page 4 of 4 Pages APPENDIX E Inadvertent Discovery Form U. S.Army Corps of Engineers;Walla Walla District Cultural and Historic Resources Program Inadvertent Discovery Report 1. Burial Today's Dare: Isolated bone(s) Observers Name(s): Multicornponent Project: Artifacts Site Name/#: Burial#: 2. Who reported the remains?Name: Phone �# Employer: 3. What was reported? 4. When was it reported and to whom? 5. Land on which the discovery was made? Federal Private City State County Landowner. 6. Describe Access to the site: W11ar prOteCtZVe P7ZeLZSLLreS WG')`e Ta�e1Z to se �.0 e and Otc.1 Y;"Ol2Ci.Ve meaSUres must not disturb evidence if site is a potential crime scene.) 8. Describe the event(s) which resulted in the discovery: 9. What is the current.status of the remains? i 10. Do you believe there was an ARPA/NAGPRA violation of state law? Explain. - 11. Record the burial site (include a description of the feature or associated features and all associated artifacts), if no burial feature is present, record the condition of the bones and the surrounding conditions. 12. Date that the site was fully recorded in the field: 13. Date of reinternment: _ Place: Date of restoration: 14. Legal Description (if remains are found in the field): 114 of_,_. 114 of 114 of, Section . Township Range UTM: Zone m; m GPS Location: USGS Quad. Name: Series: 7.5 Min. Date V mine PEST CONTROL PLAN t GRANTEE: DATE: OUTGRANT NO.: W912EF- x A CTUAL USE - PREVIOUS YEAR W Name of Pesticide EPA Registration No Classification Quantity of Area Treated Target Pests Location of Use General or Restricted) Pesticide (fe-acre sMD- (lawn.building.etc) ❑ NO ACTUAL USE N PEST CONTROL PLAN GRANTEE: DATE: OUTGRANT NO.: W912EF- _ ANTICIPATED USE - UPCOMING YEAR W Name of Pesticide EPA Registration No Classification _ Quantity of Area Treated Target Pests Location of Use General or Restricted) Pesticide (ft�acres-smfi (lawn-building. t ❑ NO ANTICIPATED USE NPWOP PESTICIDE APPLICATION RECORD Project: - Operator: Certification: Date: Pest Treated: Site Treated: Purpose: Conditions During Treatment: Air Temp: !plater Temp: Overcast: Wind Dir.: Vel.: Pesticide Record: Common Name: %Active Ingredient: Manufacturer: E.P.A. Reg.: Registered Use: Mixture or Form Applied: Application Rate Gal/Ac: Lbs/Ac: Method: Special Precautions: Accumulative Treatment: (Quantity of pesticide applied to a given area) TREATMENT TALLY WORK TALLY Units Treated Quantity Used Survey Labor Supervision Previous Present Total COOPERATING AGENCIES: MONITORING: REMARKS: I hereby certify that this information is a true and correct record of pesticide application as required by the state in which this application was made. (Signature of Operator) NPW Form 178e May 1979 LExhibit _ H