Regulatory Assurances under the ESA – The No Surprises Rule Sample Clauses

Regulatory Assurances under the ESA – The No Surprises Rule. Under the No Surprises rule (63 Fed. Reg. 8859 (Feb. 23, 1998)), once an incidental take permit has been issued pursuant to an HCP, and its terms and conditions are being properly implemented, the federal Fish and Wildlife Agencies will not require additional measures for Changed Circumstances not provided for in the plan or for unforeseen circumstances, without the consent of the Permittee, including land, water (including quantity and timing of delivery), financial compensation, or restrictions on the use of those resources (63 Fed. Reg. 8859, 8868 (Feb. 23, 1998)). If the status of a species addressed under an HCP unexpectedly declines because of unforeseen circumstances, the primary obligation for undertaking additional conservation measures rests with the federal government, other government agencies, or other nonfederal landowners who have not yet developed HCPs. However, the federal Fish and Wildlife Agencies may, in the event of unforeseen circumstances, require additional measures provided they are limited to modifications in conserved natural community areas or to the HCP’s operating conservation program (e.g., the Conservation Strategy) for the affected species, and that these measures do not involve additional financial commitments or resource restrictions without the consent of the Permittee. These assurances are provided to all HCP permittees that properly implement their plans. The No Surprises rule, however, does not apply to federal agencies. 50 C.F.R. § 222.307(g).
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Related to Regulatory Assurances under the ESA – The No Surprises Rule

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  • CFR Part 200 or Federal Provision - Xxxx Anti-Lobbying Amendment - Continued If you answered "No, Vendor does not certify - Lobbying to Report" to the above attribute question, you must download, read, execute, and upload the attachment entitled "Disclosure of Lobbying Activities - Standard Form - LLL", as instructed, to report the lobbying activities you performed or paid others to perform. Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of $100,000) Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members requires the proposer certify that in performance of the contracts, subcontracts, and subgrants of amounts in excess of $250,000, the vendor will be in compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). Does vendor certify compliance? Yes

  • IMPLICATIONS UNDER THE LISTING RULES As the relevant percentage ratios (as defined under the Listing Rules) in respect of the maximum amount of financial assistance granted to the Borrowers or their associates pursuant to the Loan Agreement exceed 5% but are under 25%, the transaction contemplated thereunder constitutes a discloseable transaction of the Company and is therefore subject to the announcement requirement but exempt from obtaining Shareholders’ approval under Chapter 14 of the Listing Rules.

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