Incidental Take Authorization. (i) NRCS will extend to participants the incidental take authorization received by NRCS from FWS or NMFS through biological opinions issued as part of the interagency cooperation process under section 7(a)(2) of the ESA; (ii) NRCS will provide assurances, as a provision of the restoration plan, that when a participant is provided au- thorization for incidental take of a listed species, NRCS will not require management activities related to that species to be undertaken in addition to or different from those specified in the restoration plan without the partici- pant’s consent; (iii) The program participant will be covered by the authorization to NRCS for incidental take associated with res- toration actions or management ac- tivities. The incidental take may in- clude a return to baseline conditions at the end of the applicable period, if the landowner so desires. (iv) Provided the landowner has acted in good faith and without intent to vio- late the terms of the HFRP restoration plan, NRCS will pursue all appropriate options with the participant to avoid termination in the event of the need to terminate an HFRP restoration plan that is being properly implemented; and (v) If the 30-year contract or 10-year restoration cost-share agreement is terminated, any requested assurances, including an incidental take authoriza- tion under this section, provided by NRCS will be voided. As such, the land- owner will be responsible to FWS or NMFS for any violations of the ESA.
Appears in 4 contracts
Samples: Land Use Agreement, Land Use Agreement, Land Use Agreement
