Existing Requirements and Commitments Clause Samples

Existing Requirements and Commitments. For purposes of this Agreement, the term “Existing Requirements and Commitments” is intended to encompass actions expected to occur in a timeframe comparable to implementation of habitat expansion action(s) under this Agreement. Existing Requirements and Commitments may include but are not limited to: (a) legal or regulatory requirements that are the subject of any form of binding order issued by a regulatory agency or court of competent jurisdiction, at the time NMFS approves the habitat expansion action(s); (b) legal or regulatory requirements that are the subject of ongoing or imminent administrative or judicial action by an agency or court of competent jurisdiction at the time NMFS approves the habitat expansion action(s); (c) obligations or commitments set forth in a draft license application, final license application, settlement agreement, or agreement-in-principle in a pending hydroelectric relicensing proceeding at the time NMFS approves the habitat expansion action(s); and (d) reasonable and prudent alternatives, reasonable and prudent measures, and terms and conditions of any final Biological Opinion that has been issued at the time NMFS approves the habitat expansion action(s). By recommending, approving, and implementing habitat expansion action(s) under this Agreement, the Parties do not intend to encourage non-compliance by third parties with applicable laws and regulations or preclude appropriate enforcement actions.