Common use of Federal Agency Responsibilities Clause in Contracts

Federal Agency Responsibilities. (a) Each Federal agency taking actions that have, or are likely to have, a measurable negative effect on migratory bird populations is directed to develop and implement, within 2 years, a Memorandum of Understanding (MOU) with the Fish and Wildlife Service (Service) that shall promote the conservation of migratory bird populations. (b) In coordination with affected Federal agencies, the Service shall develop a schedule for completion of the MOUs within 180 days of the date of this order. The schedule shall give priority to completing the MOUs with agencies having the most substantive impacts on migratory birds. (c) Each MOU shall establish protocols for implementation of the MOU and for reporting accomplishments. These protocols may be incorporated into existing actions; however, the MOU shall recognize that the agency may not be able to implement some elements of the MOU until such time as the agency has successfully included them in each agency’s formal plan ning processes (such as revision of agency land management plans, land use compatibility guidelines, integrated resource management plans, and fishery management plans), including public participation and NEPA anal ysis, as appropriate. This order and the MOUs to be developed by the agencies are intended to be implemented when new actions or renewal of contracts, permits, delegations, or other third party agreements are initiated as well as during the initiation of new, or revisions to, land management plans. (d) Each MOU shall include an elevation process to resolve any dispute between the signatory agencies regarding a particular practice or activity. (e) Pursuant to its MOU, each agency shall, to the extent permitted by law and subject to the availability of appropriations and within Administra tion budgetary limits, and in harmony with agency missions: (1) support the conservation intent of the migratory bird conventions by integrating bird conservation principles, measures, and practices into agency activities and by avoiding or minimizing, to the extent practicable, adverse impacts on migratory bird resources when conducting agency actions; (2) restore and enhance the habitat of migratory birds, as practicable; (3) prevent or xxxxx the pollution or detrimental alteration of the environ ment for the benefit of migratory birds, as practicable; (4) design migratory bird habitat and population conservation principles, measures, and practices, into agency plans and planning processes (natural resource, land management, and environmental quality planning, including, but not limited to, forest and rangeland planning, coastal management plan ning, watershed planning, etc.) as practicable, and coordinate with other agencies and nonfederal partners in planning efforts; (5) within established authorities and in conjunction with the adoption, amendment, or revision of agency management plans and guidance, ensure that agency plans and actions promote programs and recommendations of comprehensive migratory bird planning efforts such as Partners-in-Flight, U.S. National Shorebird Plan, North American Waterfowl Management Plan, North American Colonial Waterbird Plan, and other planning efforts, as well as guidance from other sources, including the Food and Agricultural Organization’s International Plan of Action for Reducing Incidental Catch of Seabirds in Longline Fisheries; (6) ensure that environmental analyses of Federal actions required by the NEPA or other established environmental review processes evaluate the effects of actions and agency plans on migratory birds, with emphasis on species of concern; (7) provide notice to the Service in advance of conducting an action that is intended to take migratory birds, or annually report to the Service on the number of individuals of each species of migratory birds intentionally taken during the conduct of any agency action, including but not limited to banding or marking, scientific collecting, taxidermy, and depredation control; (8) minimize the intentional take of species of concern by: (i) delineating standards and procedures for such take; and (ii) developing procedures for the review and evaluation of take actions. With respect to intentional take, the MOU shall be consistent with the appropriate sections of 50 C.F.R. parts 10, 21, and 22; (9) identify where unintentional take reasonably attributable to agency actions is having, or is likely to have, a measurable negative effect on migratory bird populations, focusing first on species of concern, priority habitats, and key risk factors. With respect to those actions so identified, the agency shall develop and use principles, standards, and practices that will lessen the amount of unintentional take, developing any such conserva tion efforts in cooperation with the Service. These principles, standards, and practices shall be regularly evaluated and revised to ensure that they are effective in lessening the detrimental effect of agency actions on migratory bird populations. The agency also shall inventory and monitor bird habitat and populations within the agency’s capabilities and authorities to the extent feasible to facilitate decisions about the need for, and effectiveness of, con servation efforts; (10) within the scope of its statutorily-designated authorities, control the import, export, and establishment in the wild of live exotic animals and plants that may be harmful to migratory bird resources; (11) promote research and information exchange related to the conservation of migratory bird resources, including coordinated inventorying and xxxx xxxxxx and the collection and assessment of information on environmental contaminants and other physical or biological stressors having potential relevance to migratory bird conservation. Where such information is collected in the course of agency actions or supported through Federal financial assistance, reasonable efforts shall be made to share such information with the Service, the Biological Resources Division of the U.S. Geological Survey, and other appropriate repositories of such data (e.g, the Cornell Laboratory of Ornithology); (12) provide training and information to appropriate employees on methods and means of avoiding or minimizing the take of migratory birds and con serving and restoring migratory bird habitat; (13) promote migratory bird conservation in international activities and with other countries and international partners, in consultation with the Department of State, as appropriate or relevant to the agency’s authorities; (14) recognize and promote economic and recreational values of birds, as appropriate; and (15) develop partnerships with non-Federal entities to further bird con servation. (f) Notwithstanding the requirement to finalize an MOU within 2 years, each agency is encouraged to immediately begin implementing the conserva tion measures set forth above in subparagraphs (1) through (15) of this section, as appropriate and practicable. 3856 Federal Register / Vol. 66, No. 11 / Wednesday, January 17, 2001 / Presidential Documents (g) Each agency shall advise the public of the availability of its MOU through a notice published in the Federal Register.

Federal Agency Responsibilities. (a) Each Federal agency taking actions that have, or are likely to have, a measurable negative effect on migratory bird populations is directed to develop and implement, within 2 years, a Memorandum of Understanding (MOU) with the Fish and Wildlife Service (Service) that shall promote the conservation of migratory bird populations. (b) In coordination with affected Federal agencies, the Service shall develop a schedule for completion of the MOUs within 180 days of the date of this order. The schedule shall give priority to completing the MOUs with agencies having the most substantive impacts on migratory birds. (c) Each MOU shall establish protocols for implementation of the MOU and for reporting accomplishments. These protocols may be incorporated into existing actions; however, the MOU shall recognize that the agency may not be able to implement some elements of the MOU until such time as the agency has successfully included them in each agency’s formal plan plan- ning processes (such as revision of agency land management plans, land use compatibility guidelines, integrated resource management plans, and fishery management plans), including public participation and NEPA anal anal- ysis, as appropriate. This order and the MOUs to be developed by the agencies are intended to be implemented when new actions or renewal of contracts, permits, delegations, or other third party agreements are initiated as well as during the initiation of new, or revisions to, land management plans. (d) Each MOU shall include an elevation process to resolve any dispute between the signatory agencies regarding a particular practice or activity. (e) Pursuant to its MOU, each agency shall, to the extent permitted by law and subject to the availability of appropriations and within Administra Administra- tion budgetary limits, and in harmony with agency missions: (1) support the conservation intent of the migratory bird conventions by integrating bird conservation principles, measures, and practices into agency activities and by avoiding or minimizing, to the extent practicable, adverse impacts on migratory bird resources when conducting agency actions; (2) restore and enhance the habitat of migratory birds, as practicable; (3) prevent or xxxxx the pollution or detrimental alteration of the environ environ- ment for the benefit of migratory birds, as practicable; (4) design migratory bird habitat and population conservation principles, measures, and practices, into agency plans and planning processes (natural resource, land management, and environmental quality planning, including, but not limited to, forest and rangeland planning, coastal management plan plan- ning, watershed planning, etc.) as practicable, and coordinate with other agencies and nonfederal partners in planning efforts; (5) within established authorities and in conjunction with the adoption, amendment, or revision of agency management plans and guidance, ensure that agency plans and actions promote programs and recommendations of comprehensive migratory bird planning efforts such as Partners-in-Flight, U.S. National Shorebird Plan, North American Waterfowl Management Plan, North American Colonial Waterbird Plan, and other planning efforts, as well as guidance from other sources, including the Food and Agricultural Organization’s International Plan of Action for Reducing Incidental Catch of Seabirds in Longline Fisheries; (6) ensure that environmental analyses of Federal actions required by the NEPA or other established environmental review processes evaluate the effects of actions and agency plans on migratory birds, with emphasis on species of concern; (7) provide notice to the Service in advance of conducting an action that is intended to take migratory birds, or annually report to the Service on the number of individuals of each species of migratory birds intentionally taken during the conduct of any agency action, including but not limited to banding or marking, scientific collecting, taxidermy, and depredation control; (8) minimize the intentional take of species of concern by: (i) delineating standards and procedures for such take; and (ii) developing procedures for the review and evaluation of take actions. With respect to intentional take, the MOU shall be consistent with the appropriate sections of 50 C.F.R. parts 10, 21, and 22; (9) identify where unintentional take reasonably attributable to agency actions is having, or is likely to have, a measurable negative effect on migratory bird populations, focusing first on species of concern, priority habitats, and key risk factors. With respect to those actions so identified, the agency shall develop and use principles, standards, and practices that will lessen the amount of unintentional take, developing any such conserva conserva- tion efforts in cooperation with the Service. These principles, standards, and practices shall be regularly evaluated and revised to ensure that they are effective in lessening the detrimental effect of agency actions on migratory bird populations. The agency also shall inventory and monitor bird habitat and populations within the agency’s capabilities and authorities to the extent feasible to facilitate decisions about the need for, and effectiveness of, con con- servation efforts; (10) within the scope of its statutorily-designated authorities, control the import, export, and establishment in the wild of live exotic animals and plants that may be harmful to migratory bird resources; (11) promote research and information exchange related to the conservation of migratory bird resources, including coordinated inventorying and xxxx xxxxxx moni- toring and the collection and assessment of information on environmental contaminants and other physical or biological stressors having potential relevance to migratory bird conservation. Where such information is collected in the course of agency actions or supported through Federal financial assistance, reasonable efforts shall be made to share such information with the Service, the Biological Resources Division of the U.S. Geological Survey, and other appropriate repositories of such data (e.g, the Cornell Laboratory of Ornithology); (12) provide training and information to appropriate employees on methods and means of avoiding or minimizing the take of migratory birds and con con- serving and restoring migratory bird habitat; (13) promote migratory bird conservation in international activities and with other countries and international partners, in consultation with the Department of State, as appropriate or relevant to the agency’s authorities; (14) recognize and promote economic and recreational values of birds, as appropriate; and (15) develop partnerships with non-Federal entities to further bird con con- servation. (f) Notwithstanding the requirement to finalize an MOU within 2 years, each agency is encouraged to immediately begin implementing the conserva conserva- tion measures set forth above in subparagraphs (1) through (15) of this section, as appropriate and practicable. 3856 Federal Register / Vol. 66, No. 11 / Wednesday, January 17, 2001 / Presidential Documents (g) Each agency shall advise the public of the availability of its MOU through a notice published in the Federal Register.

Federal Agency Responsibilities. (a) Each Federal agency taking actions that have, or are likely to have, a measurable negative effect on migratory bird populations is directed to develop and implement, within 2 years, a Memorandum of Understanding (MOU) with the Fish and Wildlife Service (Service) that shall promote the conservation of migratory bird populations. (b) In coordination with affected Federal agencies, the Service shall develop a schedule for completion of the MOUs within 180 days of the date of this order. The schedule shall give priority to completing the MOUs with agencies having the most substantive impacts on migratory birds. (c) Each MOU shall establish protocols for implementation of the MOU and for reporting accomplishments. These protocols may be incorporated into existing actions; however, the MOU shall recognize that the agency may not be able to implement some elements of the MOU until such time as the agency has successfully included them in each agency’s formal plan plan­ ning processes (such as revision of agency land management plans, land use compatibility guidelines, integrated resource management plans, and fishery management plans), including public participation and NEPA anal anal­ ysis, as appropriate. This order and the MOUs to be developed by the agencies are intended to be implemented when new actions or renewal of contracts, permits, delegations, or other third party agreements are initiated as well as during the initiation of new, or revisions to, land management plans. (d) Each MOU shall include an elevation process to resolve any dispute between the signatory agencies regarding a particular practice or activity. (e) Pursuant to its MOU, each agency shall, to the extent permitted by law and subject to the availability of appropriations and within Administra Administra­ tion budgetary limits, and in harmony with agency missions: (1) support the conservation intent of the migratory bird conventions by integrating bird conservation principles, measures, and practices into agency activities and by avoiding or minimizing, to the extent practicable, adverse impacts on migratory bird resources when conducting agency actions; (2) restore and enhance the habitat of migratory birds, as practicable; (3) prevent or xxxxx the pollution or detrimental alteration of the environ environ­ ment for the benefit of migratory birds, as practicable; (4) design migratory bird habitat and population conservation principles, measures, and practices, into agency plans and planning processes (natural resource, land management, and environmental quality planning, including, but not limited to, forest and rangeland planning, coastal management plan plan­ ning, watershed planning, etc.) as practicable, and coordinate with other agencies and nonfederal partners in planning efforts; (5) within established authorities and in conjunction with the adoption, amendment, or revision of agency management plans and guidance, ensure that agency plans and actions promote programs and recommendations of comprehensive migratory bird planning efforts such as Partners-in-Flight, U.S. National Shorebird Plan, North American Waterfowl Management Plan, North American Colonial Waterbird Plan, and other planning efforts, as well as guidance from other sources, including the Food and Agricultural Organization’s International Plan of Action for Reducing Incidental Catch of Seabirds in Longline Fisheries; (6) ensure that environmental analyses of Federal actions required by the NEPA or other established environmental review processes evaluate the effects of actions and agency plans on migratory birds, with emphasis on species of concern; (7) provide notice to the Service in advance of conducting an action that is intended to take migratory birds, or annually report to the Service on the number of individuals of each species of migratory birds intentionally taken during the conduct of any agency action, including but not limited to banding or marking, scientific collecting, taxidermy, and depredation control; (8) minimize the intentional take of species of concern by: (i) delineating standards and procedures for such take; and (ii) developing procedures for the review and evaluation of take actions. With respect to intentional take, the MOU shall be consistent with the appropriate sections of 50 C.F.R. parts 10, 21, and 22; (9) identify where unintentional take reasonably attributable to agency actions is having, or is likely to have, a measurable negative effect on migratory bird populations, focusing first on species of concern, priority habitats, and key risk factors. With respect to those actions so identified, the agency shall develop and use principles, standards, and practices that will lessen the amount of unintentional take, developing any such conserva conserva­ tion efforts in cooperation with the Service. These principles, standards, and practices shall be regularly evaluated and revised to ensure that they are effective in lessening the detrimental effect of agency actions on migratory bird populations. The agency also shall inventory and monitor bird habitat and populations within the agency’s capabilities and authorities to the extent feasible to facilitate decisions about the need for, and effectiveness of, con con­ servation efforts; (10) within the scope of its statutorily-designated authorities, control the import, export, and establishment in the wild of live exotic animals and plants that may be harmful to migratory bird resources; (11) promote research and information exchange related to the conservation of migratory bird resources, including coordinated inventorying and xxxx xxxx­ xxxxxx and the collection and assessment of information on environmental contaminants and other physical or biological stressors having potential relevance to migratory bird conservation. Where such information is collected in the course of agency actions or supported through Federal financial assistance, reasonable efforts shall be made to share such information with the Service, the Biological Resources Division of the U.S. Geological Survey, and other appropriate repositories of such data (e.g, the Cornell Laboratory of Ornithology); (12) provide training and information to appropriate employees on methods and means of avoiding or minimizing the take of migratory birds and con con­ serving and restoring migratory bird habitat; (13) promote migratory bird conservation in international activities and with other countries and international partners, in consultation with the Department of State, as appropriate or relevant to the agency’s authorities; (14) recognize and promote economic and recreational values of birds, as appropriate; and (15) develop partnerships with non-Federal entities to further bird con con­ servation. (f) Notwithstanding the requirement to finalize an MOU within 2 years, each agency is encouraged to immediately begin implementing the conserva conserva­ tion measures set forth above in subparagraphs (1) through (15) of this section, as appropriate and practicable. 3856 Federal Register / Vol. 66, No. 11 / Wednesday, January 17, 2001 / Presidential Documents (g) Each agency shall advise the public of the availability of its MOU through a notice published in the Federal Register.

Federal Agency Responsibilities. (a) Each Federal Fed- eral agency taking actions that have, or are likely to have, a measurable negative effect on migratory bird populations is directed to develop and implement, within with- in 2 years, a Memorandum of Understanding (MOU) with the Fish and Wildlife Service (Service) that shall promote the conservation of migratory bird populationspopu- lations. (b) In coordination with affected Federal agencies, the Service shall develop a schedule for completion of the MOUs within 180 days of the date of this order. The schedule shall give priority to completing the MOUs with agencies having the most substantive impacts on migratory birds. (c) Each MOU shall establish protocols for implementation implemen- tation of the MOU and for reporting accomplishments. These protocols may be incorporated into existing actionsac- tions; however, the MOU shall recognize that the agency agen- cy may not be able to implement some elements of the MOU until such time as the agency has successfully included in- cluded them in each agency’s formal plan ning planning processes (such as revision of agency land management plans, land use compatibility guidelines, integrated resource management plans, and fishery management plans), including in- cluding public participation and NEPA anal ysisanalysis, as appropriateap- propriate. This order and the MOUs to be developed by the agencies are intended to be implemented when new actions or renewal of contracts, permits, delegations, or other third party agreements are initiated as well as during the initiation of new, or revisions to, land management man- agement plans. (d) Each MOU shall include an elevation process to resolve any dispute between the signatory agencies regarding re- xxxxxxx a particular practice or activity. (e) Pursuant to its MOU, each agency shall, to the extent ex- tent permitted by law and subject to the availability of appropriations and within Administra tion Administration budgetary limits, and in harmony with agency missions: (1) support the conservation intent of the migratory bird conventions by integrating bird conservation principlesprin- ciples, measures, and practices into agency activities and by avoiding or minimizing, to the extent practicableprac- ticable, adverse impacts on migratory bird resources when conducting agency actions; (2) restore and enhance the habitat of migratory birds, as practicable; (3) prevent or xxxxx the pollution or detrimental alteration al- teration of the environ ment environment for the benefit of migratory migra- tory birds, as practicable; (4) design migratory bird habitat and population conservation con- servation principles, measures, and practices, into agency plans and planning processes (natural resource, land management, and environmental quality planningplan- ning, including, but not limited to, forest and rangeland range- land planning, coastal management plan ningplanning, watershed water- shed planning, etc.) as practicable, and coordinate with other agencies and nonfederal partners in planning effortsef- forts; (5) within established authorities and in conjunction with the adoption, amendment, or revision of agency management plans and guidance, ensure that agency plans and actions promote programs and recommendations recommenda- tions of comprehensive migratory bird planning efforts such as Partners-in-Flight, U.S. National Shorebird Plan, North American Waterfowl Management Plan, North American Colonial Waterbird Plan, and other planning efforts, as well as guidance from other sources, including the Food and Agricultural OrganizationOrganiza- tion’s International Plan of Action for Reducing Incidental Inci- dental Catch of Seabirds in Longline Fisheries; (6) ensure that environmental analyses of Federal actions ac- tions required by the NEPA or other established environmental envi- ronmental review processes evaluate the effects of actions ac- tions and agency plans on migratory birds, with emphasis em- phasis on species of concern; (7) provide notice to the Service in advance of conducting con- ducting an action that is intended to take migratory birds, or annually report to the Service on the number of individuals of each species of migratory birds intentionally inten- tionally taken during the conduct of any agency actionac- tion, including but not limited to banding or marking, scientific collecting, taxidermy, and depredation controlcon- trol; (8) minimize the intentional take of species of concern con- cern by: (i) delineating standards and procedures for such take; and (ii) developing procedures for the review and evaluation of take actions. With respect to intentional inten- tional take, the MOU shall be consistent with the appropriate ap- propriate sections of 50 C.F.R. parts 10, 21, and 22; (9) identify where unintentional take reasonably attributable at- tributable to agency actions is having, or is likely to have, a measurable negative effect on migratory bird populations, focusing first on species of concern, priority prior- ity habitats, and key risk factors. With respect to those actions so identified, the agency shall develop and use principles, standards, and practices that will lessen the amount of unintentional take, developing any such conserva tion conservation efforts in cooperation with the Service. These principles, standards, and practices shall be regularly evaluated and revised to ensure that they are effective in lessening the detrimental effect of agency actions on migratory bird populations. The agency also shall inventory and monitor bird habitat and populations within the agency’s capabilities and authorities to the extent feasible to facilitate decisions about the need for, and effectiveness of, con servation conservation efforts; (10) within the scope of its statutorily-designated authoritiesau- thorities, control the import, export, and establishment establish- ment in the wild of live exotic animals and plants that may be harmful to migratory bird resources; (11) promote research and information exchange related re- lated to the conservation of migratory bird resources, including coordinated inventorying and xxxx xxxxxx monitoring and the collection and assessment of information on environmental envi- ronmental contaminants and other physical or biological biologi- cal stressors having potential relevance to migratory bird conservation. Where such information is collected in the course of agency actions or supported through Federal financial assistance, reasonable efforts shall be made to share such information with the Service, the Biological Resources Division of the U.S. Geological Survey, and other appropriate repositories of such data (e.g, the Cornell Laboratory of Ornithology); (12) provide training and information to appropriate employees on methods and means of avoiding or minimizing mini- mizing the take of migratory birds and con serving conserving and restoring migratory bird habitat; (13) promote migratory bird conservation in international inter- national activities and with other countries and international inter- national partners, in consultation with the Department of State, as appropriate or relevant to the agency’s authoritiesau- thorities; (14) recognize and promote economic and recreational values of birds, as appropriate; and (15) develop partnerships with non-Federal entities to further bird con servationconservation. (f) Notwithstanding the requirement to finalize an MOU within 2 years, each agency is encouraged to immediately im- mediately begin implementing the conserva tion measures conservation meas- ures set forth above in subparagraphs (1) through (15) of this section, as appropriate and practicable. 3856 Federal Register / Vol. 66, No. 11 / Wednesday, January 17, 2001 / Presidential Documents. (g) Each agency shall advise the public of the availability avail- ability of its MOU through a notice published in the Federal Register.