Common use of CONSERVATION ACTIONS Clause in Contracts

CONSERVATION ACTIONS. Enrollment and Habitat Conservation Fees will be used for Conservation Actions. The approved uses of Enrollment and Habitat Conservation Fees include the following Conservation Actions: • Remove and reduce threats to DSL and DSL Habitat. • Remove abandoned xxxxx, well pads, and associated roads, and reclaim or restore the locations; • Acquire Conservation Easements and other protections, both permanent and temporary to conserve contiguous blocks of priority areas of High and Intermediate Suitability DSL Habitat; • Restoration or Reclamation, as appropriate, of habitat connectivity and dispersal corridors in High Priority Areas; • Enhancing knowledge of effective conservation strategies by conducting research on the DSL, its habitat, and the efficacy of Conservation Measures and Actions; • Studying the efficacy of implementing the introduction or reintroduction of shinnery oak in priority areas and implementing the technique if it is effective and feasible; • Studying the efficacy of DSL translocation; and, • Studying: (a) the threats posed by high densities of well pads to DSL occupancy and dune structure; (b) the threats posed by roads, or certain types of roads; (c) re- establishment of DSL populations in currently unoccupied, suitable habitat; (d) the threats posed by sand mining activities; and (e) the effectiveness of well pad and road removal in ameliorating the effects of well pad and road density and implementing any changes dictated by the studies through the Adaptive Management process. Enrollment and Habitat Conservation Fees may be applied to Conservation Action not listed above, if a new Conservation Action is recommended to the Administrator by the Adaptive Management Committee and approved by the Service. In lieu of Habitat Conservation Fees, Participants may elect to contribute in-kind services by implementing Conservation Actions on their enrolled property. Participants also may conduct such Conservation Actions in advance of surface disturbances. In both cases, prior approval by the Administrator is required of those actions as being consistent with the Conservation Strategy and the requirements of this 2020 DSL CCAA. The Administrator will track and assess the Participant’s in-kind services on its own property and their costs and apply the services to the Habitat Conservation Fee or, if the costs incurred are more than the Habitat Conservation Fee owed, use the surplus as a pre- payment on future Habitat Conservation Fees. The Conservation Strategy and Adaptive Management Committee will guide the development, implementation and priority areas for Conservation Action by the Administrator or Participants. The goal of this approach is to direct Conservation Actions to protect and reclaim the most important areas of habitat for the DSL. For most Covered Activities causing a New Surface Disturbance, the acquisition of perpetual Conservation Easements and similar protections will be preferred. Where an easement of 25 or more years is appropriate, the easement must be rolled over or replaced for any re-issuance of the 2020 DSL CCAA in order to maintain a net conservation benefit. To incentivize non-Federal property owners to grant access for surveys, research and implementation of Conservation Actions, an appropriate one-time payment may be made by the Administrator from Enrollment and Habitat Conservation Fees. The amount of any payment, the basis for the payment, and the recipient of the payment must be reported in the Annual Report.

CONSERVATION ACTIONS. Enrollment and Habitat Conservation Fees will be used for Conservation Actions. The approved uses of Enrollment and Habitat Conservation Fees include the following Conservation Actions: •  Remove and reduce threats to DSL and DSL Habitat. •  Remove abandoned xxxxx, well pads, and associated roads, and reclaim or restore the locations; •  Acquire Conservation Easements and other protections, both permanent and temporary to conserve contiguous blocks of priority areas of High and Intermediate Suitability DSL Habitat; •  Restoration or Reclamation, as appropriate, of habitat connectivity and dispersal corridors in High Priority Areas; •  Enhancing knowledge of effective conservation strategies by conducting research on the DSL, its habitat, and the efficacy of Conservation Measures and Actions; •  Studying the efficacy of implementing the introduction or reintroduction of shinnery oak in priority areas and implementing the technique if it is effective and feasible; •  Studying the efficacy of DSL translocation; and, •  Studying: (a) the threats posed by high densities of well pads to DSL occupancy and dune structure; (b) the threats posed by roads, or certain types of roads; (c) re- re-establishment of DSL populations in currently unoccupied, suitable habitat; (d) the threats posed by sand mining activities; and (e) the effectiveness of well pad and road removal in ameliorating the effects of well pad and road density and implementing any changes dictated by the studies through the Adaptive Management process. Enrollment and Habitat Conservation Fees may be applied to Conservation Action not listed above, if a new Conservation Action is recommended to the Administrator by the Adaptive Management Committee and approved by the Service. In lieu of Habitat Conservation Fees, Participants may elect to contribute in-kind services by implementing Conservation Actions on their enrolled property. Participants also may conduct such Conservation Actions in advance of surface disturbances. In both cases, prior approval by the Administrator is required of those actions as being consistent with the Conservation Strategy and the requirements of this 2020 DSL CCAA. The Administrator will track and assess the Participant’s in-kind services on its own property and their costs and apply the services to the Habitat Conservation Fee or, if the costs incurred are more than the Habitat Conservation Fee owed, use the surplus as a pre- pre-payment on future Habitat Conservation Fees. The Conservation Strategy and Adaptive Management Committee will guide the development, implementation and priority areas for Conservation Action by the Administrator or Participants. The goal of this approach is to direct Conservation Actions to protect and reclaim the most important areas of habitat for the DSL. For most Covered Activities causing a New Surface Disturbance, the acquisition of perpetual Conservation Easements and similar protections will be preferred. Where an easement of 25 or more years is appropriate, the easement must be rolled over or replaced for any re-issuance of the 2020 DSL CCAA in order to maintain a net conservation benefit. To incentivize non-Federal property owners to grant access for surveys, research and implementation of Conservation Actions, an appropriate one-time payment may be made by the Administrator from Enrollment and Habitat Conservation Fees. The amount of any payment, the basis for the payment, and the recipient of the payment must be reported in the Annual Report.

CONSERVATION ACTIONS. Enrollment This section appends the conservation strategy section of the CCA with additional conservation actions, the expansion of Conservation Area A, and the inclusion of habitat patches to support dispersal between Conservation Areas A and B (Figures 3 and 4). The USFWS assesses existing and potential threats facing the species based on the five criteria as required by Section 4(a) (1) of the ESA. Within each of these criteria, several factors which have contributed to the degradation of CPSD tiger beetle habitat and its populations were identified. Threats include: 1) habitat loss and degradation caused by ORV use; 2) small population effects, such as vulnerability to random chance events; 3) the effects of climate change and drought; and 4) cumulative interaction of the individual factors listed above (77 FR 60208, October 2, 2012). The conservation actions in this amendment were developed to address the threats identified in the USFWS proposed rule. Conservation actions that will be enacted to address identified threats are described in Table 1. Table 1. Threats to the Coral Pink Sand Dunes tiger beetle as identified in the October 2, 2012, proposed listing decision and proposed designation of critical habitat, and planned actions to address those threats through this amendment to the 2009 CCA. Threat Planned Action Habitat loss/degradation and mortality associated with ORV use • Utah Department of Natural Resources, Division of Parks and Recreation agrees to expand the boundary of Conservation Fees Area A to protect additional habitat while addressing diversity in recreation and maintaining safety standards for dune visitors. This area will be expanded in the 2013 field season from 207 acres (ac) to 266 ac (Figure 3), thus increasing protection of tiger beetle occupied xxxxxx from 48 percent to 88 percent. All new or expanded habitat areas will be demarcated with carsonite marking posts to facilitate compliance by Park visitors. • Utah Department of Natural Resources, Division of Parks and Recreation and the BLM will protect vegetated habitat islands of connectivity between the southern and northern conservation areas and monitor to ensure compliance. This action will occur in 2013 and will protect 263 ac of additional sand dune habitat comprised of 14 individual habitat patches (Figure 4) which range in size from 2.6 to 37.1 ac each. All new or expanded habitat areas will be demarcated with carsonite marking posts to facilitate compliance by Park visitors. • Tiger beetle adults and larvae were found to the south of Conservation Area A in 2012. The conservation committee will visit this area in spring of 2013 to determine any additional habitats that should be protected to support the tiger beetle. The size and configuration of any protected areas will be determined during the 2013 field season with input from all members of the conservation committee. All new or expanded habitat areas will be demarcated with carsonite posts to facilitate compliance by Park visitors. • The conservation committee will analyze available historic aerial imagery, and other data, to better understand dune movement and associated vegetation changes as they relate to beetle occupation and suitable habitat over time. Knowledge of dune movement patterns will be used in adaptive management planning to accommodate dune changes and the need to alter conservation area boundaries. • The conservation committee will conduct experimental vegetation treatments within existing conservation areas to determine if this could be an effective mechanism to increase suitable habitat. • The conservation committee will revisit conservation area boundaries on a routine cycle (every 3 years) and make necessary adjustments as a result of shifting dunes, vegetation changes, population increase and decreases, and resulting changes to suitable habitat. • Utah Department of Natural Resources, Division of Parks and Recreation and the BLM will continue efforts in law enforcement, education, and outreach. Vulnerability to stochastic events due to small population size • We are not aware of any additional populations of CPSD tiger beetle outside of the CPSD. However, the conservation committee believes it is appropriate to continue surveys for Conservation Actionsthis species in the area. The approved uses conservation committee will identify potential habitat within a 50 mile radius of Enrollment the Coral Pink Sand Dunes using aerial imagery, and Habitat Conservation Fees include survey for tiger beetle presence and habitat suitability. If appropriate habitat is found the following Conservation Actions: • Remove and reduce threats to DSL and DSL Habitatarea will be considered for experimental introduction. • Remove abandoned xxxxxThe conservation committee will increase research effort in experimental translocations in Conservation Area B and evaluate new habitat islands for appropriateness for reintroduction efforts. • The conservation committee will introduce individuals into suitable habitats (potential sites have been identified), well padsmonitor these sites, and associated roadsrevise translocation activities via an adaptive management process. Inadequacy of existing regulatory mechanisms • The Utah Department of Natural Resources, Division of Parks and reclaim or restore Recreation and the locations; • Acquire BLM have done a creditable job of enforcing the protection boundaries of Conservation Easements Areas A and other protections, both permanent and temporary to conserve contiguous blocks B for approximately the last 15 years. This amendment increases the size of priority areas of High and Intermediate Suitability DSL Habitat; • Restoration or Reclamation, as appropriate, of habitat connectivity and dispersal corridors in High Priority Areas; • Enhancing knowledge of effective conservation strategies Conservation Area A by conducting research on the DSL, its habitat59 acres, and the efficacy conservation committee will consider further protection of habitats to the south of Conservation Measures Area A (see Habitat loss/degradation and Actions; mortality associated with ORV use, above). In addition, the amendment establishes 14 habitat patches to support dispersal of tiger beetles between Conservation Areas A and B, increasing the total protected area by an additional 263 ac. Because these signatory agencies have complied with the Conservation Agreement and Strategy for the last 15 years, it can reasonably be concluded that the BLM and Utah Department of Natural Resources, Division of Parks and Recreation will continue to properly enforce the boundaries of all protected areas. Climate change and drought • Studying the efficacy of implementing the introduction or reintroduction of shinnery oak The BLM is installing a weather station on-site in priority areas and implementing the technique if it is effective and feasible; • Studying the efficacy of DSL translocation; and, • Studying: (a) the threats posed by high densities of well pads spring 2013 to DSL occupancy and dune structure; (b) the threats posed by roads, or certain types of roads; (c) re- establishment of DSL populations in currently unoccupied, suitable habitat; (d) the threats posed by sand mining activities; and (e) the effectiveness of well pad and road removal in ameliorating better correlate weather patterns with beetle abundance. Understanding the effects of well pad weather patterns on CPSD tiger beetle populations may help us develop adaptive management strategies by identifying important habitat use area during particularly dry or warm years. • The establishment of 14 additional habitat patches totaling 263 ac will occur at higher elevations in the sand dune area, and road density at locations that provide significant vegetated habitat. This has the potential to offset the drying and implementing any changes dictated by the studies through the Adaptive Management process. Enrollment warming effects of climate change and Habitat Conservation Fees may be applied to Conservation Action not listed above, if a new Conservation Action is recommended to the Administrator by the Adaptive Management Committee and approved by the Servicedrought on CPSD tiger beetle habitat. In lieu of Habitat addition these habitat polygons will provide dispersal habitat and connectivity between Conservation Fees, Participants may elect Areas A and B. This will better allow the tiger beetle to contribute in-kind services by implementing disperse to potentially cooler and wetter habitat that occurs in Conservation Actions on their enrolled property. Participants also may conduct such Conservation Actions in advance of surface disturbances. In both cases, prior approval by the Administrator is required of those actions as being consistent with the Conservation Strategy and the requirements of this 2020 DSL CCAA. The Administrator will track and assess the Participant’s in-kind services on its own property and their costs and apply the services to the Habitat Conservation Fee or, if the costs incurred are more than the Habitat Conservation Fee owed, use the surplus as a pre- payment on future Habitat Conservation Fees. The Conservation Strategy and Adaptive Management Committee will guide the development, implementation and priority areas for Conservation Action by the Administrator or Participants. The goal of this approach is to direct Conservation Actions to protect and reclaim the most important areas of habitat for the DSL. For most Covered Activities causing a New Surface Disturbance, the acquisition of perpetual Conservation Easements and similar protections will be preferred. Where an easement of 25 or more years is appropriate, the easement must be rolled over or replaced for any re-issuance Area B. Cumulative effects of the 2020 DSL CCAA in order to maintain a net conservation benefit. To incentivize non-Federal property owners to grant access for surveys, research and implementation of Conservation Actions, an appropriate one-time payment may be made by above • Addressing the Administrator threats listed above independently will prevent these threats from Enrollment and Habitat Conservation Fees. The amount of any payment, the basis for the payment, and the recipient of the payment must be reported in the Annual Reportacting cumulatively.

CONSERVATION ACTIONS. Enrollment  As part of demographic monitoring of the species’ include a component to study the relationship between precipitation patterns and Habitat Conservation Fees will species’ growth, reproduction and recruitment and mortality. This may be used for Conservation Actionsaccomplished by establishing weather Comment [T50]: We can delete the second bullet but leave in the first bullet as we need to address the cumulative impacts to the species. The approved uses of Enrollment monitoring equipment at existing long-term demographic sites currently monitored by Red Butte Gardens.  Factor: Wildfire Potential Impacts:  Mortality;  Community composition alteration;  Post-fire response ground disturbance; and Habitat Conservation Fees include the following  Increased invasion and competition from invasive species Conservation Actions: • Remove and reduce threats to DSL and DSL Habitat. • Remove abandoned xxxxx, well pads Any wildfire planning, and associated roadspost-wildfire actions on federal and non-federal lands in occupied habitat will include input from the conservation team. Factor: Off-Road Vehicles Comment [T51]: Of course but during an incident the incident commander will take many factors into account when deciding how to form the best mode of attack and suppression. Sensitive resource areas are one of those considerations. Potential Impacts:  Direct mortality;  Increased dust load; and  Fragmentation of habitat Conservation Actions:  On federal lands, traffic will be limited to designated routes and reclaim routes will be considered for closure, limited use or restore re-routing as appropriate to gain compliance and protect designated conservation areas.  On non-federal lands where OHV use occurs, where possible landowners and managers will attempt to re-route OHV use away from designated conservation areas and keep traffic on existing roads and trails. Comment [JS52]: Closure of routes cannot affect any Class B or Class D road claimed by the locations; • Acquire Conservation Easements State of Utah and/or a county. Comment [T53]: ok Comment [RC54]: What about simply keeping them on existing roads and other protectionstwo-tracks through signage, both permanent and temporary etc. This will be difficult to conserve contiguous blocks of priority areas of High and Intermediate Suitability DSL Habitat; • Restoration or Reclamationimplement, as appropriatemost nonfederal landowners are not regularly out “policing” their land for illegal OHV use. Some flexible language should be included here, of habitat connectivity and dispersal corridors in High Priority Areas; • Enhancing knowledge of effective conservation strategies by conducting research on the DSLsuch as “best efforts”, its habitat“where practical”, and the efficacy of Conservation Measures and Actions; • Studying the efficacy of implementing the introduction or reintroduction of shinnery oak in priority areas and implementing the technique if it is effective and feasible; • Studying the efficacy of DSL translocation; and, • Studying: (a) the threats posed by high densities of well pads to DSL occupancy and dune structure; (b) the threats posed by roads, or certain types of roads; (c) re- establishment of DSL populations in currently unoccupied, suitable habitat; (d) the threats posed by sand mining activities; and (e) the effectiveness of well pad and road removal in ameliorating the effects of well pad and road density and implementing any changes dictated by the studies through the Adaptive Management process. Enrollment and Habitat Conservation Fees may be applied to Conservation Action not listed above, if a new Conservation Action is recommended to the Administrator by the Adaptive Management Committee and approved by the Service. In lieu of Habitat Conservation Fees, Participants may elect to contribute in-kind services by implementing Conservation Actions on their enrolled property. Participants also may conduct such Conservation Actions in advance of surface disturbances. In both cases, prior approval by the Administrator is required of those actions as being consistent with the Conservation Strategy and the requirements of this 2020 DSL CCAA. The Administrator will track and assess the Participant’s in-kind services on its own property and their costs and apply the services to the Habitat Conservation Fee or, if the costs incurred are more than the Habitat Conservation Fee owed, use the surplus as a pre- payment on future Habitat Conservation Fees. The Conservation Strategy and Adaptive Management Committee will guide the development, implementation and priority areas for Conservation Action by the Administrator or Participants. The goal of this approach is to direct Conservation Actions to protect and reclaim the most important areas of habitat for the DSL. For most Covered Activities causing a New Surface Disturbance, the acquisition of perpetual Conservation Easements and similar protections will be preferred. Where an easement of 25 or more years is appropriate, the easement must be rolled over or replaced for any re-issuance of the 2020 DSL CCAA in order to maintain a net conservation benefit. To incentivize non-Federal property owners to grant access for surveys, research and implementation of Conservation Actions, an appropriate one-time payment may be made by the Administrator from Enrollment and Habitat Conservation Fees. The amount of any payment, the basis for the payment, and the recipient of the payment must be reported in the Annual Reportetc.