Common use of SHA or CCAA Clause in Contracts

SHA or CCAA. (i) NRCS will pro- vide technical assistance to help par- ticipants design and use their HFRP restoration plan for the dual purposes of qualifying for HFRP financial assist- ance and as a basis for entering into a SHA or CCAA with FWS or NMFS and receiving an associated permit under section 10(a)(1)(a) of the ESA. (ii) In exchange for a commitment to undertake conservation measures, the landowner may receive a permit under section 10 of the ESA from FWS or NMFS authorizing incidental take of species covered by the SHA or CCAA that may occur as a result of restora- tion actions, management activities, and for a listed species covered by a SHA, a return to baseline conditions at the end of the applicable period. (iii) All SHAs and associated permits issued by FWS or NMFS are subject to the Safe Harbor Policy jointly adopted by FWS and NMFS according to the regulations at 64 FR 32717 or applicable subsequently adopted policy, and SHAs with FWS also are subject to regula- tions at 50 CFR 17.22(c) for endangered species or 50 CFR 17.32(c) for threat- ened species, or applicable subsequent regulations. (iv) All CCAAs and associated per- mits issued by FWS or NMFS are sub- ject to the CCAAs policy jointly adopt- ed by FWS and NMFS according to the regulations at 64 FR 32706 or applicable subsequently adopted policy, and CCAAs with FWS also are subject to regulations at 50 CFR 17.22(d) for en- dangered species or 50 CFR 17.32(d) for threatened species, or applicable subse- quent regulations. (v) If the 30-year contract or 10-year restoration cost-share agreement is terminated, the landowner will be re- sponsible to notify and coordinate with FWS and NMFS or any other relevant party to the specific SHA or CCAA, as appropriate, for any modifications re- lated to the SHA or CCAA. The State Conservationist may ap- prove modifications to the HFRP res- toration plan that do not modify or void provisions of the easement, con- tract, restoration agreement, or Land- owner Protections, and are consistent with applicable law. NRCS may obtain and receive input from the landowner and coordinate with FWS and NMFS to determine whether a modification to the restoration plan is justified. Any HFRP restoration plan modification must meet HFRP program objectives, and must result in equal or greater wildlife benefits and ecological and economic values to the United States. Modifications to the HFRP restoration plan which are substantial and affect provisions of the contract, restoration cost-share agreement, or Landowner Protections will require agreement from the landowner, any relevant party to a specific SHA or CCAA, FWS, or NMFS, as appropriate, and may require execution of an amended contract or 10-year restoration cost-share agree- ment and modification to the Land- owner Protection provisions.