Common use of Introduction/Background Clause in Contracts

Introduction/Background. This Safe Harbor Agreement (Agreement) is entered into between ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ (Cooperator) and the U.S. Department of Interior, Fish and Wildlife Service (Service); hereinafter collectively called the “Parties”. The purpose of this Agreement is to facilitate the improvement of floodplain conditions, which will enhance the habitat for two federally listed species − the southwestern willow flycatcher (Empidonax traillii extimus) and the Little Colorado spinedace (Lepidomeda vittata) − along 2.5 miles of the Nutrioso Creek riparian corridor in Apache County, Arizona. This Agreement follows the Service’s Safe Harbor Agreement Policy (64 FR 32717) and final regulations (64 FR 32706) and implements the intent to follow the procedural and substantive requirements of section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (Act). This final policy encourages property owners to voluntarily conserve threatened and endangered species without the risk of further restrictions pursuant to section 9 of the Act. In order to provide the necessary assurances to participating property owners, while providing conservation benefits to the covered species, accompanying permits to Safe Harbor Agreements are issued under section 10(a)(1)(A) of the Act as an enhancement of survival permit. The term of this Agreement is 50 years and covers proposed management activities affecting lands owned by the Cooperator. The Agreement will cover 60 acres (Enrolled Lands) of stream and riparian habitat. The Cooperator will enhance and improve the Enrolled Lands by planting 10,000 to 21,000 riparian trees and shrubs, managed harvesting of cuttings of riparian vegetation, planting of grasses and shrubs along the flood plain terrace, and repairing old and installing new livestock and elk fence exclosures. This Safe Harbor Agreement encourages proactive conservation efforts by the Cooperator while providing him certainty that future property-use restrictions will not be imposed above those required to maintain current species baseline if those efforts attract southwestern willow flycatchers and Little Colorado spinedace to his Enrolled Lands. The requested permit term is 50 years. Without this cooperative government/private effort the Enrolled Lands would not otherwise be converted to and sustained as a high quality habitat for utilization by the species in the foreseeable future. Although the Cooperator has no plans for removing the plantings in the future, he wishes to enter into a Safe Harbor Agreement in the event that an unforeseen need (e.g., a change in land use or a fire abatement action) necessitates the removal of some or all of the plantings.

Introduction/Background. This Safe Harbor Agreement (Agreement) is entered into between ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ (Cooperator) and the U.S. Department of Interior, Fish and Wildlife Service (Service); hereinafter collectively called the “Parties”. The purpose of this Agreement is to facilitate the improvement of floodplain conditions, conditions which will enhance the habitat for two federally listed species − - the southwestern willow flycatcher (Empidonax traillii extimus) and the Little Colorado spinedace (Lepidomeda vittata) − along 2.5 miles of the Nutrioso Creek riparian corridor in Apache County, Arizona. This Agreement follows the Service’s Safe Harbor Agreement Policy (64 FR 32717) and final regulations (64 FR 32706) and implements the intent to follow the procedural and substantive requirements of section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (Act). This final policy encourages property owners to voluntarily conserve threatened and endangered species without the risk of further restrictions pursuant to section 9 of the Act. In order to provide the necessary assurances to participating property owners, while providing conservation benefits to the covered species, accompanying permits to Safe Harbor Agreements are issued under section 10(a)(1)(A) of the Act as an enhancement of survival permit. The term of this Agreement is 50 years and covers proposed management activities affecting lands owned by the Cooperator. The Agreement will cover 60 acres (Enrolled Lands) of stream and riparian habitat. The Cooperator will enhance and improve the Enrolled Lands by planting 10,000 to 21,000 riparian trees and shrubs, managed harvesting of cuttings of riparian vegetation, planting of grasses and shrubs along the flood plain terrace, and repairing old and installing new livestock and elk fence exclosures. This Safe Harbor Agreement encourages proactive conservation efforts by the Cooperator while providing him certainty that future property-use restrictions will not be imposed above those required to maintain current species baseline if those efforts attract southwestern willow flycatchers and Little Colorado spinedace to his Enrolled Lands. The requested permit term is 50 years. Without this cooperative government/private effort the Enrolled Lands would not otherwise be converted to and sustained as a high quality habitat for utilization by the species in the foreseeable future. Although the Cooperator has no plans for removing the plantings in the future, he wishes to enter into a Safe Harbor Agreement in the event that an unforeseen need (e.g., a change in land use or a fire abatement action) necessitates the removal of some or all of the plantings.