Funding of Mitigation. The Implementing Entity, BCAG, County, Cities, Water Districts, Irrigation Districts and Caltrans will ensure that all required mitigation, conservation, monitoring, and reporting measures are adequately funded throughout the term of this Agreement, and that certain monitoring, reporting and adaptive management measures are adequately funded in perpetuity. The Permittees do not intend to use, nor are they required to use, funds from their respective general funds to implement the BRCP; rather they intend to obtain sufficient funds through a comprehensive strategy further described in BRCP Chapter 10 that includes: fees and dedications from Covered Activities; Federal and state grants; grants from nonprofits and foundations; and ongoing conservation efforts by local and state agencies that have a demonstrated record of acquiring and managing lands for conservation purposes in the Plan Area. The Permittees may use or establish other local funding measures, including, but not limited to, utility surcharges, special taxes or assessments, or bonds, to the extent allowed by law. The Permittees are responsible for seeking all feasible increases in revenues that are necessary to keep pace with rising costs, as described in BRCP Chapter 10. Each Permittee will promptly notify the Wildlife Agencies of any material change in the Permittee’s financial ability to fulfill its obligations under this Agreement. In addition, the Implementing Entity will include in its Annual Workplan and Budget, as described in BRCP Chapter 8, Section 8.2.1, reasonably available financial information to demonstrate the Permittees’ collective ability to fulfill their obligations under this Agreement in light of a material change in a Permittee’s finances, if any. This Agreement does not require the obligation, appropriation, or expenditure of any money without express authorization by, as applicable, the County Board of Supervisors, appropriate City Councils and/or governing boards of the Implementing Entity, BCAG, Water Districts, Irrigation Districts, and Caltrans.
Funding of Mitigation. In the event Permittee receives notice from USFWS that a California Condor Non-Lethal Incidental Take has occurred, Permittee shall pay all of the costs thereof to USFWS through a reimbursable agreement or alternative legal mechanism approved in writing by USFWS in accordance with Section 4.4.2 and Section 9 of the TU MSHCP. Permittee shall release such funds to USFWS within two weeks following receipt of a written statement from USFWS. The estimated costs of capture, care and translocation of a California condor are identified in Table 9-1 of the TU MSHCP; such estimate shall be adjusted for inflation pursuant to Section 9 of the TU MSHCP. Such costs may be guaranteed by a rolling letter of credit, as provided for in Section 9 of the TU MSHCP. In addition, Permittee shall pay all costs related to implementation of other California condor-related provisions and to implementation of all other take minimization and mitigation measures specified in the TU MSHCP for the other Covered Species, as provided in Section 9 of the TU MSHCP. As explained in Section 9 of the TU MSHCP, while the preservation of the TU MSHCP Mitigation Lands will result in significant benefits to all Covered Species, certain effects to Covered Species will occur in conjunction with implementation of the Covered Activities. A variety of measures to offset these effects are identified in the TU MSHCP which will require funding in the approximate amounts specified in Section 9 of the TU MSHCP.
