Common use of Proposed Action Clause in Contracts

Proposed Action. The Service proposes to approve the CCAA and to issue an EOS permit, both with a term of 20 years, to the applicants for incidental take of the Oregon spotted frog caused by covered activities, if permit issuance criteria are met. The area to be addressed under this proposed CCAA (i.e., the covered lands) includes 170 acres of land, including 6,909 linear feet along both banks of the Deschutes River, upstream and downstream of the Colorado Street Bridge, Bend, Deschutes County, Oregon. Portions of the covered lands currently provide habitat that is occupied by Oregon spotted frogs. These specific areas include the Casting Pond, the ▇▇▇ ▇▇▇▇▇▇ Amphitheater ▇▇▇▇▇, and the riparian habitat on the banks of the Deschutes River above the ordinary high water mark. The proposed CCAA is intended to result in benefits to Oregon spotted frogs by reducing or eliminating threats to the species on the covered lands, and creating or maintaining habitat conditions that are suitable for all life- history stages of the species through the implementation of conservation measures. Conservation measures include: Monitoring and maintaining sufficient water levels for the Oregon spotted frog in the Casting Pond through the use of water control devices; periodically removing invasive plants from the Casting Pond to maintain approximately 30 percent aquatic vegetative cover and 70 percent open water; removal of nonnative predators in the Casting Pond should they be discovered during annual surveys; maintaining vegetation along the banks of the Casting Pond to control erosion and potential sedimentation; and protection of the riparian zone along the banks of the Deschutes River within the covered lands through the use of signs and temporary fencing, to address public use that may threaten the integrity of shoreline vegetation that serves as cover for Oregon spotted frogs. Some incidental take of spotted frogs is anticipated with maintenance of the Casting Pond, and with the expansion and construction of stormwater ponds and bioswales that may become temporary habitats. Consistent with our CCAA Policy (64 FR 32726), the conservation goal of the proposed CCAA is to encourage enhancement and protection of suitable Oregon spotted frog habitat on the covered lands by either maintaining or modifying existing land management so that they are consistent with the conservation needs of the Oregon spotted frog. We can meet this conservation goal with the use of a CCAA by giving non-Federal landowners incentives to implement conservation measures, primarily through regulatory certainty concerning land-use restrictions that might otherwise apply should the Oregon spotted frog become listed under the ESA. We have made a preliminary determination that the proposed CCAA and permit issuance are eligible for a categorical exclusion under NEPA. The basis for our preliminary determination is contained in an EAS, which is available for public review (see ADDRESSES). We request data, comments, new information, or suggestions from the public, other concerned governmental agencies, the scientific community, Tribes, industry, or any other interested party on this notice. We particularly seek comments on the following: (1) Biological information concerning the Oregon spotted frog; (2) relevant data concerning this species; (3) additional information concerning the range, distribution, population size, and population trends of the Oregon spotted frog; (4) current or planned activities in the covered lands and their possible impacts on the Oregon spotted frog; (5) identification of any other environmental issues that should be considered by the Service with regard to the proposed permit action; and (6) information regarding the adequacy of the CCAA pursuant to the requirements for permits at 50 CFR parts 13 and 17.

Proposed Action. This component of the proposed action involves implementation of biological conservation measures from two Service BOs. The Service proposes to approve first, dated January 2001 (Biological Opinion for Interim Surplus Criteria, Secretarial Implementation Agreements, and Conservation Measures on the CCAA and to issue an EOS permitLower Colorado River, both with a term of 20 years, Lake ▇▇▇▇ to the applicants for incidental take Southerly International Boundary Arizona, California, and Nevada), addresses potential impacts from the proposed change in point of diversion that could occur to federally- listed fish and wildlife species or their associated critical habitats within the Oregon spotted frog caused by covered activities, if permit issuance criteria are met. The area to be addressed under this proposed CCAA (i.e., the covered lands) includes 170 acres of land, including 6,909 linear feet along both banks of the Deschutes River, upstream and downstream historic floodplain of the Colorado Street Bridge, Bend, Deschutes County, Oregon. Portions of the covered lands currently provide habitat that is occupied by Oregon spotted frogs. These specific areas include the Casting Pond, the ▇▇▇ River between ▇▇▇▇▇▇ Amphitheater Dam and Imperial Dam. The conservation measures related to the water transfers include stocking of listed Razorback suckers in the lower Colorado River, restoration or creation of 44 acres of backwaters along the Colorado River between ▇▇▇▇▇▇ Dam and Imperial Dam, provision of funding for capture and rearing efforts for listed Bonytail chubs from Lake Mohave, and a two-tiered conservation plan to minimize potential effects to occupied habitat of the listed Southwestern willow flycatcher on the Colorado River between ▇▇▇▇▇▇ and Imperial Dams. Based on the concern that IID would not be able to complete work necessary to obtain ‘‘take’’ authorization for effects of its proposed QSA-related water conservation actions through a Section 10 Habitat Conservation Plan (HCP) process by December 31, 2002, Reclamation, in July 2002, voluntarily submitted a Biological Assessment (BA) to the Service on a proposed voluntary species conservation program (Biological Assessment of Reclamation’s Proposed Section 7(a)(1) Conservation Measures for Listed Species in the Imperial Irrigation District/Salton Sea Areas). This voluntary species conservation program serves as an alternative means for obtaining the necessary ‘‘take’’ authorization for the relevant California agencies under the ESA for IID’s water conservation actions. The BA, prepared on a voluntary basis by Reclamation, included voluntary species conservation measures to address listed species in the IID/Salton Sea area that could be affected by water conservation actions taken by IID pursuant to the QSA. The conservation measures included beneficial noted above, the IA has been renamed and replaced by the Water Delivery Agreement. measures for the Desert pupfish, Yuma 9 See, e.g., the Colorado River Compact of 1922, the Boulder Canyon Project Act of 1928, Arizona v. California 1964 Supreme Court Decree [Decree], and the riparian habitat on the banks Long-Range Operating Criteria. 10 These records are published as: Compilation of Records in Accordance with Article V of the Deschutes River above Decree of the ordinary high water markSupreme Court of the United States in Arizona v. California, et. al., dated March 9, 1964. ▇▇▇▇▇▇▇ rail, Southwestern willow flycatcher, and California brown pelican. The proposed CCAA is intended to result in benefits to Oregon spotted frogs by reducing or eliminating threats to Final IA EIS addresses the species on conservation measures from both the covered lands2001 ▇▇ and Reclamation’s 2002 BA. The Final IA EIS indicates that as detailed plans are developed and specific land-disturbing activities are identified, Reclamation will determine and creating or maintaining habitat conditions that are suitable carry out supplemental NEPA compliance evaluations, for all life- history stages Federal implementation of the species through the implementation of conservation measures. Conservation measures include: Monitoring and maintaining sufficient water levels for the Oregon spotted frog in the Casting Pond through the use of water control devices; periodically removing invasive plants from the Casting Pond to maintain approximately 30 percent aquatic vegetative cover and 70 percent open water; removal of nonnative predators in the Casting Pond should they be discovered during annual surveys; maintaining vegetation along the banks of the Casting Pond to control erosion and potential sedimentation; and protection of the riparian zone along the banks of the Deschutes River within the covered lands through the use of signs and temporary fencing, to address public use that may threaten the integrity of shoreline vegetation that serves as cover for Oregon spotted frogs. Some incidental take of spotted frogs is anticipated with maintenance of the Casting Pond, and with the expansion and construction of stormwater ponds and bioswales that may become temporary habitats. Consistent with our CCAA Policy (64 FR 32726), the conservation goal of the proposed CCAA is to encourage enhancement and protection of suitable Oregon spotted frog habitat on the covered lands by either maintaining or modifying existing land management so that they are consistent with the conservation needs of the Oregon spotted frog. We can meet this conservation goal with the use of a CCAA by giving non-Federal landowners incentives to implement conservation measures, primarily through regulatory certainty concerning land-use restrictions that might otherwise apply should the Oregon spotted frog become listed under the ESA. We have made a preliminary determination that the proposed CCAA and permit issuance are eligible for a categorical exclusion under NEPA. The basis for our preliminary determination is contained in an EAS, which is available for public review (see ADDRESSES). We request data, comments, new information, or suggestions from the public, other concerned governmental agencies, the scientific community, Tribes, industry, or any other interested party on this notice. We particularly seek comments on the following: (1) Biological information concerning the Oregon spotted frog; (2) relevant data concerning this species; (3) additional information concerning the range, distribution, population size, and population trends of the Oregon spotted frog; (4) current or planned activities in the covered lands and their possible impacts on the Oregon spotted frog; (5) identification of any other environmental issues that should be considered by the Service with regard to the proposed permit action; and (6) information regarding the adequacy of the CCAA pursuant to the requirements for permits at 50 CFR parts 13 and 17as appropriate.

Proposed Action. This component of the proposed action involves implementation of biological conservation measures from two Service BOs. The Service proposes to approve first, dated January 2001 (Biological Opinion for Interim Surplus Criteria, Secretarial Implementation Agreements, and Conservation Measures on the CCAA and to issue an EOS permitLower Colorado River, both with a term of 20 years, Lake ▇▇▇▇ to the applicants for incidental take Southerly International Boundary Arizona, California, and Nevada), addresses potential impacts from the proposed change in point of diversion that could occur to federally- listed fish and wildlife species or their associated critical habitats within the Oregon spotted frog caused by covered activities, if permit issuance criteria are met. The area to be addressed under this proposed CCAA (i.e., the covered lands) includes 170 acres of land, including 6,909 linear feet along both banks of the Deschutes River, upstream and downstream historic floodplain of the Colorado Street Bridge, Bend, Deschutes County, Oregon. Portions of the covered lands currently provide habitat that is occupied by Oregon spotted frogs. These specific areas include the Casting Pond, the ▇▇▇ River between ▇▇▇▇▇▇ Amphitheater Dam and Imperial Dam. The conservation measures related to the water transfers include stocking of listed Razorback suckers in the lower Colorado River, restoration or creation of 44 acres of backwaters along the Colorado River between ▇▇▇▇▇▇ Dam and Imperial Dam, provision of funding for capture and rearing efforts for listed Bonytail chubs from Lake Mohave, and a two-tiered conservation plan to minimize potential effects to occupied habitat of the listed Southwestern willow flycatcher on the Colorado River between ▇▇▇▇▇▇ and Imperial Dams. Based on the concern that IID would not be able to complete work necessary to obtain ‘‘take’’ authorization for effects of its proposed QSA-related water conservation actions through a Section 10 Habitat Conservation Plan (HCP) process by December 31, 2002, Reclamation, in July 2002, voluntarily submitted a Biological Assessment (BA) to the Service on a proposed voluntary species conservation program (Biological Assessment of Reclamation’s Proposed Section 7(a)(1) Conservation Measures for Listed Species in the Imperial Irrigation District/Salton Sea Areas). This voluntary species conservation program serves as an alternative means for obtaining the necessary ‘‘take’’ authorization for the relevant California agencies under the ESA for IID’s water conservation actions. The BA, prepared on a voluntary basis by Reclamation, included voluntary species conservation measures to address listed species in the IID/Salton Sea area that could be affected by water conservation actions taken by IID pursuant to the QSA. The conservation measures included beneficial noted above, the IA has been renamed and replaced by the Water Delivery Agreement. measures for the Desert pupfish, Yuma 9 See, e.g., the Colorado River Compact of 1922, the Boulder Canyon Project Act of 1928, Arizona v. California 1964 Supreme Court Decree [Decree], and the riparian habitat on the banks Long-Range Operating Criteria. 10 These records are published as: Compilation of Records in Accordance with Article V of the Deschutes River above Decree of the ordinary high water markSupreme Court of the United States in Arizona v. California, et. al., dated March 9, 1964. ▇▇▇▇▇▇▇ rail, Southwestern willow flycatcher, and California ▇▇▇▇▇ pelican. The proposed CCAA is intended to result in benefits to Oregon spotted frogs by reducing or eliminating threats to Final IA EIS addresses the species on conservation measures from both the covered lands2001 BO and Reclamation’s 2002 BA. The Final IA EIS indicates that as detailed plans are developed and specific land-disturbing activities are identified, Reclamation will determine and creating or maintaining habitat conditions that are suitable carry out supplemental NEPA compliance evaluations, for all life- history stages Federal implementation of the species through the implementation of conservation measures. Conservation measures include: Monitoring and maintaining sufficient water levels for the Oregon spotted frog in the Casting Pond through the use of water control devices; periodically removing invasive plants from the Casting Pond to maintain approximately 30 percent aquatic vegetative cover and 70 percent open water; removal of nonnative predators in the Casting Pond should they be discovered during annual surveys; maintaining vegetation along the banks of the Casting Pond to control erosion and potential sedimentation; and protection of the riparian zone along the banks of the Deschutes River within the covered lands through the use of signs and temporary fencing, to address public use that may threaten the integrity of shoreline vegetation that serves as cover for Oregon spotted frogs. Some incidental take of spotted frogs is anticipated with maintenance of the Casting Pond, and with the expansion and construction of stormwater ponds and bioswales that may become temporary habitats. Consistent with our CCAA Policy (64 FR 32726), the conservation goal of the proposed CCAA is to encourage enhancement and protection of suitable Oregon spotted frog habitat on the covered lands by either maintaining or modifying existing land management so that they are consistent with the conservation needs of the Oregon spotted frog. We can meet this conservation goal with the use of a CCAA by giving non-Federal landowners incentives to implement conservation measures, primarily through regulatory certainty concerning land-use restrictions that might otherwise apply should the Oregon spotted frog become listed under the ESA. We have made a preliminary determination that the proposed CCAA and permit issuance are eligible for a categorical exclusion under NEPA. The basis for our preliminary determination is contained in an EAS, which is available for public review (see ADDRESSES). We request data, comments, new information, or suggestions from the public, other concerned governmental agencies, the scientific community, Tribes, industry, or any other interested party on this notice. We particularly seek comments on the following: (1) Biological information concerning the Oregon spotted frog; (2) relevant data concerning this species; (3) additional information concerning the range, distribution, population size, and population trends of the Oregon spotted frog; (4) current or planned activities in the covered lands and their possible impacts on the Oregon spotted frog; (5) identification of any other environmental issues that should be considered by the Service with regard to the proposed permit action; and (6) information regarding the adequacy of the CCAA pursuant to the requirements for permits at 50 CFR parts 13 and 17as appropriate.

Proposed Action. Under the proposed CCAA and the incorporated Conservation Strategy, members of the Thunder Basin Association who enroll non-Federal lands in the CCAA (Participants) would implement conservation measures that avoid, minimize, and mitigate impacts to the Covered Species and their habitats from activities covered by the CCAA (Covered Activities), which are general farm and ranch operations, certain recreational activities, oil and gas activities and surface/in-situ mining activities, as well as the conservation measures to be implemented for these activities under the CCAA. The Service proposes would issue the permit to approve the Thunder Basin Association, which would administer the CCAA and to issue an EOS permit, both with a term of 20 years, to enroll the applicants for incidental take of Participants as provided in the Oregon spotted frog caused by covered activities, if permit issuance criteria are metCCAA. The area to CCAA and associated permit would be addressed under this proposed CCAA (i.e.in effect for 30 years. The Coverage Area would encompass the five northeastern Wyoming counties of Campbell, the covered lands) includes 170 acres of landConverse, including 6,909 linear feet Crook, Niobrara, and Weston, along both banks of the Deschutes River, upstream and downstream of the Colorado Street Bridge, Bend, Deschutes with two qualifying peripheral properties located in Sheridan County, Oregon. Portions of the covered lands currently provide habitat that is occupied by Oregon spotted frogs. These specific areas include the Casting Pond, the ▇▇▇ ▇▇▇▇▇▇ Amphitheater ▇▇▇▇▇Wyoming, and the riparian habitat Montana counties of Big Horn, Powder River, and Rosebud. Through issuance of the enhancement of survival permit to the Thunder Basin Association, the Service would provide landowners who enroll non-Federal property in the CCAA through the Association with assurances that, should any of the Covered Species be listed, no further commitments or restrictions than those they committed to under the CCAA would be imposed for Covered Activities on enrolled lands, as long as the CCAA is being properly implemented. Furthermore, if any of the Covered Species are listed, the permit would provide landowners participating in the CCAA with incidental take authorization for Covered Activities on enrolled non-Federal property. The permit would become effective on the banks effective date of a listing of a Covered Species as endangered or threatened and would continue through the end of the Deschutes River above the ordinary high water markCCAA term. The Secretary of the Interior has delegated to the Service the authority to approve or deny a section 10(a)(1)(A) permit in accordance with the ESA. To act on Thunder Basin Association’s permit application, we must determine that the CCAA meets the issuance criteria specified in the ESA and at 50 CFR 17.22 and 17.32, as well as at 50 CFR part 13. These criteria include a finding that the proposed CCAA is intended to result in benefits to Oregon spotted frogs by reducing or eliminating threats to the species on the covered lands, and creating or maintaining habitat conditions that are suitable for all life- history stages of the species through the implementation of conservation measures. Conservation measures include: Monitoring and maintaining sufficient water levels for the Oregon spotted frog in the Casting Pond through the use of water control devices; periodically removing invasive plants from the Casting Pond to maintain approximately 30 percent aquatic vegetative cover and 70 percent open water; removal of nonnative predators in the Casting Pond should they be discovered during annual surveys; maintaining vegetation along the banks of the Casting Pond to control erosion and potential sedimentation; and protection of the riparian zone along the banks of the Deschutes River within the covered lands through the use of signs and temporary fencing, to address public use that may threaten the integrity of shoreline vegetation that serves as cover for Oregon spotted frogs. Some incidental take of spotted frogs is anticipated with maintenance of the Casting Pond, and complies with the expansion and construction requirements of stormwater ponds and bioswales that may become temporary habitats. Consistent with our CCAA Policy (64 FR 32726; June 17, 1999). The Service has proposed changes to the CCAA Policy and Regulation (FWS/NOAA Fisheries policy notice at Docket No. [FWS-HQ-ES-2015-0177; May 4, the conservation goal of the proposed 2016]; FWS regulations notice at Docket No. [FWS-HQ-ES-2015-0171; May 4, 2016]. When determining whether this CCAA is to encourage enhancement and protection of suitable Oregon spotted frog habitat on the covered lands by either maintaining or modifying existing land management so that they are consistent complies with the conservation needs requirements of our CCAA Policy, we will use the Oregon spotted frog. We can meet this conservation goal with the use of a most recent finalized CCAA by giving non-Federal landowners incentives to implement conservation measures, primarily through regulatory certainty concerning land-use restrictions that might otherwise apply should the Oregon spotted frog become listed under the ESA. We have made a preliminary determination that the proposed CCAA and permit issuance are eligible for a categorical exclusion under NEPA. The basis for our preliminary determination is contained in an EAS, which is available for public review (see ADDRESSES). We request data, comments, new information, or suggestions from the public, other concerned governmental agencies, the scientific community, Tribes, industry, or any other interested party on this notice. We particularly seek comments on the following: (1) Biological information concerning the Oregon spotted frog; (2) relevant data concerning this species; (3) additional information concerning the range, distribution, population size, and population trends of the Oregon spotted frog; (4) current or planned activities in the covered lands and their possible impacts on the Oregon spotted frog; (5) identification of any other environmental issues that should be considered by the Service with regard to the proposed permit action; and (6) information regarding the adequacy of the CCAA pursuant to the requirements for permits at 50 CFR parts 13 and 17Policy.