Common use of Assurances Provided Clause in Contracts

Assurances Provided. Upon approval of this CCAA, and satisfaction of all other applicable legal requirements, the Service will issue a Permit in accordance with section 10(a)(1)(A) of the ESA to the NHFGD. If the Service lists the NEC as a threatened or endangered species, the permit will authorize incidental take of NECs by NHFGD and its Cooperators resulting from otherwise-lawful activities on the enrolled lands. The Permit will authorize both incidental take resulting from conservation measures benefitting NEC and from covered, non-conservation activities as described in, and in accordance with, the Permit, this CCAA, and the cooperative agreements. The Service provides Cooperators the ESA regulatory assurances found at 50 CFR 17.22(d)(5), 17.32(d)(5). Consistent with the Service’s CCAA Final Policy (64 FR 32726), conservation measures, take minimization measures, and land, water, or resource use restrictions that are in addition to the measures and restrictions described in this CCAA and the cooperative agreement will not be imposed with respect to the covered land use activities on the Cooperator’s enrolled land should the NEC become listed under the ESA in the future. In the event of unforeseen circumstances, the Service will not require the commitment of additional land, water, or other natural resources beyond the level agreed to in this CCAA and the cooperative agreement. These assurances are limited by the permit suspension and revocation provisions under section 18 of this Agreement.