Common use of Probably Clause in Contracts

Probably. However, the goal is to accomplish enough conservation to prevent the listing of the species. Waiting will only reduce the amount of time to implement conservation measures and will offer little to preclude the need to list. Furthermore, if you wait to come in at the last minute, you may not be able to get your leases signed up since Certificates will be processed on a first‐come‐first‐served basis and priority will be placed on proposed enrollments that best benefit the two species. Agency specialists will meet with you and look at your specific lease(s) to determine if they are in candidate species habitat. If you are not, they will tell you that a certificate is not necessary. Yes. The goal is to approach conservation for LPC/DSL across all ownerships in the same manner since the primary goal of the agreements is to guide conservation measures and efforts that will make listing unnecessary. Yes. However, by cancelling the Certificate, the enrolled lands would no longer receive the benefits described in the agreement. Permits for actions proposed on federal lands or minerals (actions that require a federal permit) that were approved prior to a listing decision become void where the proposed action would have an effect on the newly listed species. If there will be no impacts to the species or its habitat, the permit would not be affected. However, if impacts are anticipated, Section 7 interagency consultation between BLM and USFWS is required. Due to limited staffs and an anticipated abundance of applications that require consultations, this process may cause a significant delay in processing new permits. The benefit of participating is that a pre‐listing consultation occurs as part of the enrollment process, resulting in the issuance of a Biological Opinion as a part of the Certificate. If a listing decision occurs, the Conference Opinion is then converted into a Biological Opinion, which is expected to take only 30‐60 days. The risks of not participating include not knowing how long the consultation process will delay future development of the lease, and the risk of increased regulation, which may not allow the proposed action at all. Enrollment in the appropriate Agreement can highly reduce or eliminate these risks based on the agreement. If a proposed surface disturbing activity conflicts with the conservation goals for the lease, the proposed activity will have to be modified to avoid impacts to the species. The Center of Excellence for Hazardous Materials Management (CEHMM) was established in May of 2004 as a 501(c)(3) organization dedicated to the research, development, and implementation of environmentally sound programs. Since its inception, CEHMM has identified and pursued applied research projects that have nation‐wide impact and are innovative, meaningful, and practical. CEHMM has created a wide range of cutting edge applied research programs including developing technology for using algae for biofuels, biomonitoring for the H5N1 (avian influenza) and West Nile viruses, and cooperative conservation of species listed as “warranted but precluded” on the federal endangered species list. CEHMM has had swift advances in these projects due to the varied talents of the CEHMM staff and directors, and the organization’s success in developing strong partnerships with universities, national laboratories, and private industry. CEHMM’s roles is to:  implement and administer the Agreements;  enroll participants in the program;  provide technical assistance to participants;  conduct compliance reviews of projects being implemented by participants;  utilize contributed funds to contract and inspect projects;  monitor projects using existing agency protocols in order to determine success and adaptations needed;  conduct outreach and public education efforts to promote the conservation of both species;  secure permission to complete projects on private and State lands;  lead annual meetings with the USFWS, BLM, NMDGF, and interested participants to review progress from the previous year;  seek potential solutions for factors that hamper conservation of LPC/DSL, and future projects;  track expenditure of funds and prepare an annual report on implementation of projects;  use no more than 10 percent of contributed funds for administrative responsibilities under the agreements;  maintain a digital photo database to document project performance; and  conduct audits annually, at CEHMM’s expense.

Probably. However, the goal is to accomplish enough conservation to prevent the listing of the species. Waiting will only reduce the amount of time to implement conservation measures and will offer offer little to preclude the need to list. Furthermore, if you wait to come in at the last minute, you may not be able to get your leases signed up since Certificates will be processed on a first‐come‐first‐served basis and priority will be placed on proposed enrollments enroll‐ ments that best benefit the two species. Agency specialists will meet with you and look at your specific lease(s) to determine if they are in candidate species habitat. If you are not, they will tell you that a certificate is not necessary. Yes. The goal is to approach conservation for LPC/DSL across all ownerships in the same manner since the primary goal of the agreements is to guide conservation measures and efforts efforts that will make listing unnecessary. Yes. However, by cancelling the Certificate, the enrolled lands would no longer receive the benefits described in the agreement. Permits for actions proposed on federal lands or minerals (actions that require a federal permit) that were approved prior to a listing decision become void where the proposed action would have an effect effect on the newly listed species. If there will be no impacts to the species or its habitat, the permit would not be affectedaffected. However, if impacts are anticipated, Section 7 interagency consultation between BLM and USFWS is required. Due to limited staffs staffs and an anticipated abundance of applications that require consultations, this process may cause a significant delay in processing pro‐ cessing new permits. The benefit of participating is that a pre‐listing consultation occurs as part of the enrollment process, resulting in the issuance of a Biological Opinion as a part of the Certificate. If a listing decision occurs, the Conference Opinion is then converted into a Biological Opinion, which is expected to take only 30‐60 days. The risks of not participating include not knowing how long the consultation process will delay future development of the lease, and the risk of increased regulation, which may not allow the proposed action at all. Enrollment in the appropriate appro‐ priate Agreement can highly reduce or eliminate these risks based on the agreement. If a proposed surface disturbing activity conflicts with the conservation goals for the lease, the proposed activity will have to be modified to avoid impacts to the species. The Center of Excellence for Hazardous Materials Management (CEHMM) was established in May of 2004 as a 501(c)(3501 (c)(3) organization dedicated to the research, development, and implementation of environmentally sound programspro‐ grams. Since its inception, CEHMM has identified and pursued applied research projects that have nation‐wide impact im‐ pact and are innovative, meaningful, and practical. CEHMM has created a wide range of cutting edge applied research re‐ search programs including developing technology for using algae for biofuels, biomonitoring for the H5N1 (avian influenza) and West Nile viruses, and cooperative conservation of species listed as “warranted but precluded” on the federal endangered species list. CEHMM has had swift swiG advances in these projects due to the varied talents of the CEHMM staff staff and directors, and the organization’s success in developing strong partnerships with universities, national laboratories, and private industry. CEHMM’s roles role is to:  implement and administer the Agreements;  enroll participants in the program;  provide technical assistance to participants;  conduct compliance reviews of projects being implemented by participants;  utilize contributed funds to contract and inspect projects;  monitor projects using existing agency protocols in order to determine success and adaptations needed;  conduct outreach and public education efforts efforts to promote the conservation of both species;  secure permission to complete projects on private and State state lands;  lead annual meetings with the USFWS, BLM, NMDGF, and interested participants to review progress from the previous year;  seek potential solutions for factors that hamper conservation of LPC/DSL, and future projects;  track expenditure of funds and prepare an annual report on implementation of projects;  use no more than 10 percent of contributed funds for administrative responsibilities under the agreements;  maintain a digital photo database to document project performance; and  conduct audits annually, at CEHMM’s expense.