Common use of Threatened or Endangered Species Clause in Contracts

Threatened or Endangered Species. (This scope is for the corresponding section(s) as listed in the Environmental Impacts of the Proposed Project section of the EA.) The Engineer shall perform biological services. a. Surveys for Protected Species or Habitat of Protected Species based on the most current State and TPWD Memorandum of Understanding With Natural Resources Agencies and Memorandum of Agreement Between State and TPWD for Finalization of 2013 MOU. The Engineer shall: 1) Perform surveys of protected species or habitat of protected species. This shall include: a) All species listed by the United States Fish and Wildlife Service (USFWS) as threatened or endangered or proposed for listing as threatened or endangered (50 CFR 17.11-12), b) All species that are candidates for review for listing by USFWS as threatened or endangered (per most recently updated list in Federal Register), c) Species listed as threatened or endangered species or species of greatest conservation need (SGCN) by the State of Texas Threatened and Endangered Species Listings, Texas Park and Wildlife Department (TPWD), d) Species protected by the Migratory Bird Treaty Act (50 CFR 10.13) and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c). 2) Examine existing data to determine the likelihood that rare species, protected species, their habitat, or designated critical habitat (per 50 CFR §17.94-95) could be impacted by the Transportation Activity. Existing data shall include the Element Occurrence Identification (EOID) records of the TPWD Natural Diversity Database, following the Guidelines set forth in DocuSign Envelope ID: 96ECF328-ADFC-48E2-AAEF-44272BE1E265 the most current version of TPWD’s Guidelines for TXNDD Data Analysis in TxDOT Environmental Documents. 3) Perform an effect determination pursuant to the Endangered Species Act (ESA) for all federally listed species. A determination of impact must be included for all state-listed species. The determination of effect and impact must be supported by evidence, and may require a detailed assessment. Any technical reports used to support the determination(s) must be referenced and provided to the State. 4) Determine whether critical habitat is present in the study area and whether the Transportation Activity will affect that critical habitat. 5) Perform species-specific habitat surveys, presence or absence surveys for protected species, or critical habitat (per 50 CFR 17.94-95) and rare species. 6) Conduct surveys for the presence or absence of protected species according to protocols adopted by USFWS and TPWD for all protected species for which such protocols have been established. 7) Personnel conducting presence or absence surveys for protected species shall hold appropriate USFWS and TPWD permits at the time surveys are performed. 8) Conduct presence or absence surveys during the time of the year appropriate for each species. If the Engineer’s Technical Expert believes that a work authorization to conduct a presence or absence survey does not adequately consider timing of the survey, notify the State as soon as the issue with the survey timing is recognized. 9) Furnish the State with completed Biological Evaluation Form and the Engineer’s Technical Expert’s field notes. 10) Coordinate between the State and USFWS or TPWD as directed by the State to ensure proper rules, regulations and policies are followed for biological services. All coordination between the Engineer’s Technical Expert and resource agencies shall be approved in advance by the State.

Threatened or Endangered Species. (This scope is for the corresponding section(s) as listed in the Environmental Impacts of the Proposed Project section of the EA.) The Engineer shall perform biological services. a. Surveys for Protected Species or Habitat of Protected Species based on the most current State and TPWD Memorandum of Understanding With Natural Resources Agencies and Memorandum of Agreement Between State and TPWD for Finalization of 2013 MOU. The Engineer shall: 1) Perform surveys of protected species or habitat of protected species. This shall include: a) All species listed by the United States Fish and Wildlife Service (USFWS) as threatened or endangered or proposed for listing as threatened or endangered (50 CFR 17.11-12), b) All species that are candidates for review for listing by USFWS as threatened or endangered (per most recently updated list in Federal Register), c) Species listed as threatened or endangered species or species of greatest conservation need (SGCN) by the State of Texas Threatened and Endangered Species Listings, Texas Park and Wildlife Department (TPWD), d) Species protected by the Migratory Bird Treaty Act (50 CFR 10.13) and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c). 2) Examine existing data to determine the likelihood that rare species, protected species, their habitat, or designated critical habitat (per 50 CFR §17.94-95) could be impacted by the Transportation Activity. Existing data shall include the Element Occurrence Identification (EOID) records of the TPWD Natural Diversity Database, following the Guidelines set forth in DocuSign Envelope ID: 96ECF32845A56478-ADFC-48E2C163-AAEF-44272BE1E265 42E7-AE73-4A77A86451FF the most current version of TPWD’s Guidelines for TXNDD Data Analysis in TxDOT Environmental Documents. 3) Perform an effect determination pursuant to the Endangered Species Act (ESA) for all federally listed species. A determination of impact must be included for all state-listed species. The determination of effect and impact must be supported by evidence, and may require a detailed assessment. Any technical reports used to support the determination(s) must be referenced and provided to the State. 4) Determine whether critical habitat is present in the study area and whether the Transportation Activity will affect that critical habitat. 5) Perform species-specific habitat surveys, presence or absence surveys for protected species, or critical habitat (per 50 CFR 17.94-95) and rare species. 6) Conduct surveys for the presence or absence of protected species according to protocols adopted by USFWS and TPWD for all protected species for which such protocols have been established. 7) Personnel conducting presence or absence surveys for protected species shall hold appropriate USFWS and TPWD permits at the time surveys are performed. 8) Conduct presence or absence surveys during the time of the year appropriate for each species. If the Engineer’s Technical Expert believes that a work authorization to conduct a presence or absence survey does not adequately consider timing of the survey, notify the State as soon as the issue with the survey timing is recognized. 9) Furnish the State with completed Biological Evaluation Form and the Engineer’s Technical Expert’s field notes. 10) Coordinate between the State and USFWS or TPWD as directed by the State to ensure proper rules, regulations and policies are followed for biological services. All coordination between the Engineer’s Technical Expert and resource agencies shall be approved in advance by the State.

Threatened or Endangered Species. (This scope is for the corresponding section(s) as listed in the Environmental Impacts of the Proposed Project section of the EA.) The Engineer shall perform biological services. a. Surveys for Protected Species or Habitat of Protected Species based on the most current State and TPWD Memorandum of Understanding With Natural Resources Agencies and Memorandum of Agreement Between State and TPWD for Finalization of 2013 MOU. The Engineer shall: 1) Perform surveys of protected species or habitat of protected species. This shall include: a) All species listed by the United States Fish and Wildlife Service (USFWS) as threatened or endangered or proposed for listing as threatened or endangered (50 CFR 17.11-12), b) All species that are candidates for review for listing by USFWS as threatened or endangered (per most recently updated list in Federal Register), c) Species listed as threatened or endangered species or species of greatest conservation need (SGCN) by the State of Texas Threatened and Endangered Species Listings, Texas Park and Wildlife Department (TPWD), d) Species protected by the Migratory Bird Treaty Act (50 CFR 10.13) and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c). 2) Examine existing data to determine the likelihood that rare species, protected species, their habitat, or designated critical habitat (per 50 CFR §17.94-95) could be impacted by the Transportation Activity. Existing data shall include the Element Occurrence Identification (EOID) records of the TPWD Natural Diversity Database, following the Guidelines set forth in DocuSign Envelope ID: 96ECF3284542C97A-ADFC-48E2A0BF-4F41-AAEF-44272BE1E265 B2F5-F020508C38AA the most current version of TPWD’s Guidelines for TXNDD Data Analysis in TxDOT Environmental Documents. 3) Perform an effect determination pursuant to the Endangered Species Act (ESA) for all federally listed species. A determination of impact must be included for all state-listed species. The determination of effect and impact must be supported by evidence, and may require a detailed assessment. Any technical reports used to support the determination(s) must be referenced and provided to the State. 4) Determine whether critical habitat is present in the study area and whether the Transportation Activity will affect that critical habitat. 5) Perform species-specific habitat surveys, presence or absence surveys for protected species, or critical habitat (per 50 CFR 17.94-95) and rare species. 6) Conduct surveys for the presence or absence of protected species according to protocols adopted by USFWS and TPWD for all protected species for which such protocols have been established. 7) Personnel conducting presence or absence surveys for protected species shall hold appropriate USFWS and TPWD permits at the time surveys are performed. 8) Conduct presence or absence surveys during the time of the year appropriate for each species. If the Engineer’s Technical Expert believes that a work authorization to conduct a presence or absence survey does not adequately consider timing of the survey, notify the State as soon as the issue with the survey timing is recognized. 9) Furnish the State with completed Biological Evaluation Form and the Engineer’s Technical Expert’s field notes. 10) Coordinate between the State and USFWS or TPWD as directed by the State to ensure proper rules, regulations and policies are followed for biological services. All coordination between the Engineer’s Technical Expert and resource agencies shall be approved in advance by the State.

Threatened or Endangered Species. (This scope is for the corresponding section(s) as listed in the Environmental Impacts of the Proposed Project section of the EA.) The Engineer shall perform biological services. a. Surveys surveys for Protected Species or Habitat of Protected Species based on the most current State and TPWD Texas Parks and Wildlife Department (TPWD) Memorandum of Understanding With Natural Resources Agencies and Memorandum of Agreement Between State and effective 2013 (TPWD for Finalization of 2013 MOU. The Engineer shall: 1) Perform surveys of protected species or habitat of protected species. This shall include: a) including:  All species listed by the United States Fish and Wildlife Service (USFWS) as threatened or endangered or proposed for listing as threatened or endangered (50 CFR 17.11-1217.11‐12), b) ,  All species that are candidates for review for listing by USFWS as threatened or endangered (per most recently updated list in Federal Register), c) ,  Species listed as threatened or endangered species or species of greatest conservation need (SGCN) by the State of Texas Threatened and Endangered Species Listings, Texas Park and Wildlife Department (TPWD), d) ,  Species protected by the Migratory Bird Treaty Act (50 CFR 10.13) and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c668‐668c). 2) Examine existing data to determine . As part of this work, the likelihood that rare species, protected species, their habitat, or designated critical habitat (per 50 CFR §17.94-95) could be impacted by the Transportation Activity. Existing data shall include the Element Occurrence Identification (EOID) records of the TPWD Natural Diversity Database, following the Guidelines set forth in DocuSign Envelope IDEngineer shall: 96ECF328-ADFC-48E2-AAEF-44272BE1E265 the most current version of TPWD’s Guidelines for TXNDD Data Analysis in TxDOT Environmental Documents. 3) Perform an effect determination pursuant to the Endangered Species Act (ESA) for all federally listed species. A determination of impact must be included for all state-listed species. The determination of effect and impact must be supported by evidence, and may require a detailed assessment. Any technical reports used to support the determination(s) must be referenced and provided to the State. 4) Determine whether critical habitat is present in the study area and whether the Transportation Activity will affect that critical habitat. 5) Perform species-specific habitat surveys, presence or absence surveys for protected species, or critical habitat (per 50 CFR 17.94-95) and rare species. 6) Conduct surveys for the presence or absence of protected species according to protocols adopted by USFWS and TPWD for all protected species for which such protocols have been established. 7) Personnel conducting presence or absence surveys for protected species shall hold appropriate USFWS and TPWD permits at the time surveys are performed. 8) Conduct presence or absence surveys during the time of the year appropriate for each species. If the Engineer’s Technical Expert believes that a work authorization to conduct a presence or absence survey does not adequately consider timing of the survey, notify the State as soon as the issue with the survey timing is recognized. 9) Furnish the State with completed Biological Evaluation Form and the Engineer’s Technical Expert’s field notes. 10)  Coordinate between the State and USFWS or TPWD as directed by the State to ensure proper rules, regulations and policies are followed for biological services. All coordination between the Engineer’s Technical Expert and resource agencies shall be approved in advance by the State.  Determine whether critical habitat is present in the study area and whether the Transportation Activity will affect that critical habitat.  Examine existing data to determine the likelihood that rare species, protected species, their habitat, or designated critical habitat (per 50 CFR §17.94‐95) could be impacted by the Transportation Activity. Existing data must include the Element Occurrence Identification (EOID) records of the TPWD Natural Diversity Database, following the Guidelines set forth in the most current version of TPWD’s Guidelines for Texas Natural Diversity Database (TXNDD) Data Analysis in TxDOT Environmental Documents.  Furnish the State with completed Biological Evaluation Form and Engineer’s Technical Expert’s field notes.  Perform an effect determination pursuant to the Endangered Species Act (ESA) for all federally listed species. A determination of impact must be included for all state‐listed species. The determination of effect and impact must be supported by evidence, and might require a detailed assessment. Any technical reports used to support the determination(s) must be referenced and provided to the State.  Perform species‐specific habitat surveys, presence or absence surveys for protected species (if habitat is present), or critical habitat (per 50 CFR 17.94‐95) and rare species.

Threatened or Endangered Species. (This scope is for the corresponding section(s) as listed in the Environmental Impacts of the Proposed Project section of the EAScope Development Tool and technical report (if required).) ) a. The Engineer shall perform biological services. a. . Surveys for Protected Species or Habitat of Protected Species based on the most current State and TPWD Memorandum of Understanding With Natural Resources Agencies (MOU Effective 2013) and Memorandum of Agreement Between State and TPWD for Finalization of 2013 MOUUSFWS survey protocols. The Engineer shall: 1) : o Perform surveys of protected species or habitat of protected species. This shall include: a) :  All species listed by the United States Fish and Wildlife Service (USFWS) as threatened or endangered or proposed for listing as threatened or endangered (50 CFR 17.11-12), b) ,  All species that are candidates for review for listing by USFWS as threatened or endangered (per most recently updated list in Federal Register), c) ,  Species listed as threatened or endangered species or species of greatest conservation need (SGCN) by the State of Texas Threatened and Endangered Species Listings, Texas Park and Wildlife Department (TPWD), d) ,  Species protected by the Migratory Bird Treaty Act (50 CFR 10.13) and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c). 2) . o Examine existing data to determine the likelihood that rare species, protected species, their habitat, or designated critical habitat (per 50 CFR §17.94-95) could be impacted by the Transportation Activity. Existing data shall include the Element Occurrence Identification (EOID) records of the TPWD Natural Diversity Database, following the Guidelines set forth in DocuSign Envelope ID: 96ECF328-ADFC-48E2-AAEF-44272BE1E265 the most current version of TPWD’s Guidelines for TXNDD Data Analysis in TxDOT Environmental Documents. 3) . o Perform an effect determination pursuant to the Endangered Species Act (ESA) for all federally listed species. A determination of impact must be included for all state-listed species. The determination of effect and impact must be supported by evidence, and may require a detailed assessment. Any technical reports used to support the determination(s) must be referenced and provided to the State. 4) . o Determine whether critical habitat is present in the study area and whether the Transportation Activity will affect that critical habitat. 5) Perform . o If required and approved by the State, perform species-specific habitat surveys, presence or absence surveys for protected species, or critical habitat (per 50 CFR 17.94-95) and rare species. 6) Conduct . o If required and approved by the State, conduct surveys for the presence or absence of protected species according to protocols adopted by USFWS and TPWD for all protected species for which such protocols have been established. 7) . o Personnel conducting presence or absence surveys for protected species shall hold appropriate USFWS and TPWD permits at the time surveys are performed. 8) . o Conduct presence or absence surveys during the time of the year appropriate for each species. If the Engineer’s Technical Expert believes that a work authorization to conduct a presence or absence survey does not adequately consider timing of the survey, notify the State as soon as the issue with the survey timing is recognized. 9) . o Furnish the State with completed Biological Evaluation Form and the Engineer’s Technical Expert’s field notes. 10) . o Coordinate between the State and USFWS or TPWD as directed by the State to ensure proper rules, regulations and policies are followed for biological services. All coordination between the Engineer’s Technical Expert and resource agencies shall be approved in advance by the State.