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 Acquiring Conservation Easements and other protections, both permanent and temporary protections 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; and (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 restore 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-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.