Common use of CONSERVATION MEASURES Clause in Contracts

CONSERVATION MEASURES. This section describes the approaches and strategies for conserving, and reducing and/or eliminating threats to the LPC and SDL. These approaches and strategies are based on ecological and biological principles to ensure a long-term approach to the protection and management of the LPC and SDL. Therefore, the ultimate goal of this CCA is to facilitate conservation of the LPC and SDL in southeastern New Mexico. For example, Participating Cooperators can agree to protect and enhance existing populations and habitats, restore degraded habitat, create new habitat, augment existing populations of LPC, restore historic populations, fund research studies, or undertake other activities on their Federal leases/allotments which improve the status of the LPC and SDL. The management activities included in this CCA should reduce and/or eliminate threats to the species. Each CP will be negotiated on a case-by-case basis where Participating Cooperators will contribute funds to accomplish conservation measures above and beyond those required in the RMPA, and implement agreed upon conservation measures on the enrolled property. While it is not necessary to conduct all conservation measures listed below on every property enrolled under this CCA, approved conservation measures will be undertaken as necessary to reduce and/or eliminate a particular threat (See Appendix E). CEHMM, in coordination with the FWS and BLM, may use contributed funds to conduct conservation measures on non-Federal lands (private or State) if those landowners agree, in writing through the CCAA, to allow the implementation of the specified conservation measures on their lands. The goal is to implement the highest priority conservation measures needed (regardless of land ownership) to reduce and/or eliminate threats to both species, as determined by the FWS, BLM, and NMDGF with input by CEHMM. As new information or empirical data becomes available, conservation measures can be modified or added through adaptive management to achieve greater species conservation. Conservation measures to benefit the LPC include, but are not limited to: improving habitat and increasing populations by coordinating vegetation treatments with ongoing activities, decreasing habitat fragmentation, propagating and releasing and/or translocating individuals, and conducting research conducive to adaptive management of the LPC. Measures to benefit the SDL include, but are not limited to: preventing further habitat fragmentation and conducting research conducive to adaptive management of the SDL. The specifics of the conservation measures aimed at benefitting the LPC and SDL are listed below. In order to ensure conservation measures provide the greatest possible benefit, and ultimately are sufficient to reduce extinction risk to acceptable levels, using funds provided by Participating Cooperators, a Population Viability Analysis (PVA) will be undertaken for both the SDL and LPC in New Mexico and contiguous areas of western Texas. PVA is a mathematical modeling and simulation process using the best available demographic and distributional information that allows for the comparison of extinction risk under a variety of different future scenarios. The PVA will allow managers to evaluate the relative value of different suites of conservation actions in reducing extinction risk. The PVA will be an invaluable tool for optimizing the use of conservation funds generated through the CCA, and will play a key role in annual and long-term planning of CCA conservation activities aimed at reducing and/or eliminating threats to the LPC and/or SDL. Prior to the completion of the PVA for these species, conservation measures will be developed by FWS, BLM, NMDGF, and other cooperating agencies. The Strategy will guide the development of these conservation measures. The results of biological monitoring combined with compliance monitoring will be used to evaluate the effectiveness of the conservation measures. The results of the PVA will be added to this information to evaluate the effectiveness of conservation measures and the emphasis place on various conservation strategies with in an adaptive management frame work. RMPA Foundational Requirements In April of 2008, BLM completed the Special Status Species Resource Management Plan Amendment for southeast New Mexico. The RMPA established foundational requirements to be applied to all future activities for Federal surface and Federal minerals (including private surface used for Federal mineral development). Regardless of whether a permittee or lessee participates in this CCA, these RMPA foundational requirements will be applied to all activities requiring Federal authorization within the RMPA area (refer to Appendix D). While these RMPA requirements make up the foundation of protection provided to habitat for the LPC and SDL, the strength of the CCA comes from implementing additional conservation measures that are additive, or above and beyond those in the RMPA. Lesser Prairie-Chicken Participating Cooperators will implement the following types of conservation actions. The following is a suite of conservation measures that can be applied to enrolled properties (as applicable to a Participating Cooperators’ enrolled property) in addition to the foundational requirements established in the RMPA:

CONSERVATION MEASURES. ‌ This section describes the approaches and strategies for conservingconserving the Covered Species and reducing, and reducing and/or or eliminating threats to the LPC and SDLthereto (Appendix E). These approaches and strategies are based on ecological and biological principles designed to ensure a long-term approach provide conservation benefits to the protection and management Covered Species through the application of the LPC and SDLagreed to Conservation Measures. Therefore, the ultimate goal of this CCA CCAA is to facilitate conservation of a long-term approach to protect and manage the LPC Covered Species and SDL their habitat in southeastern New MexicoMexico and western Texas. For example, Participating Cooperators Participants can agree to protect and enhance existing populations and habitats, restore degraded habitat, create new habitat, augment existing populations of LPCTexas Hornshell or other Covered Species, restore historic populations, fund research studies, or undertake other activities on their Federal leases/allotments Enrolled Property, which improve the status of the LPC and SDLspecies. The management activities Conservation Measures included in this CCA CCAA should reduce and/or or eliminate threats to the speciesCovered Species. Each CP will Baseline Conservation Measures for each stakeholder group are included in this CCAA and may include Habitat Conservation Fees. Additional Conservation Measures negotiated by each Participant prior to enrollment may be negotiated on a case-by-case basis where Participating Cooperators will contribute funds to accomplish conservation measures above and beyond those required included in the RMPA, and implement agreed upon conservation measures on the enrolled propertyParticipant’s individual CI. While it is not necessary to conduct all conservation measures listed below on every property enrolled under this CCA, approved conservation measures will be undertaken as necessary to reduce and/or eliminate a particular threat (See Appendix E). CEHMM, in coordination with the FWS and BLM, CEHMM may use contributed funds Habitat Conservation Fees to conduct conservation measures on non-Federal lands Conservation Actions within the Black and Delaware river watersheds or other high priority areas. Such funds may be used if holders of any valid existing rights (private e.g., oil and gas lessees, surface owners, or Stateallottees) if those landowners agree, in writing through the CCAAwriting, to allow the implementation of the specified conservation measures Conservation Action on their landslands or specific to their rights. The goal is to implement the highest priority conservation measures Conservation Actions needed (regardless of land ownership) to reduce and/or or eliminate threats to both species, the Covered Species as determined by the FWS, BLM, and NMDGF with input by CEHMM. As new information or empirical data becomes available, conservation measures Conservation Measures can be modified or added through adaptive management to achieve greater species conservation. Conservation measures to benefit the LPC include, but are not limited to: improving habitat and increasing populations by coordinating vegetation treatments with ongoing activities, decreasing habitat fragmentation, propagating and releasing and/or translocating individualsfuture CIs, and conducting research conducive to adaptive management of existing CIs with written approval from the LPC. Measures to benefit the SDL includeParticipant, but are not limited to: preventing further habitat fragmentation and conducting research conducive to adaptive management of the SDL. The specifics of the conservation measures aimed at benefitting the LPC and SDL are listed below. In order to ensure conservation measures provide the greatest possible benefit, and ultimately are sufficient to reduce extinction risk to acceptable levels, using funds provided by Participating Cooperators, a Population Viability Analysis (PVA) will be undertaken for both the SDL and LPC in New Mexico and contiguous areas of western Texas. PVA is a mathematical modeling and simulation process using the best available demographic and distributional information that allows for the comparison of extinction risk under a variety of different future scenarios. The PVA will allow managers to evaluate the relative value of different suites of conservation actions in reducing extinction risk. The PVA will be an invaluable tool for optimizing the use of conservation funds generated through the CCA, and will play a key role in annual and long-term planning of CCA conservation activities aimed at reducing and/or eliminating threats to the LPC and/or SDL. Prior to the completion of the PVA for these species, conservation measures will be developed by FWS, BLM, NMDGF, and other cooperating agencies. The Strategy will guide the development of these conservation measures. The results of biological monitoring combined with compliance monitoring will be used to evaluate the effectiveness of the conservation measures. The results of the PVA will be added to this information to evaluate the effectiveness of conservation measures and the emphasis place on various conservation strategies with in an adaptive management frame work. RMPA Foundational Requirements In April of 2008, BLM completed the Special Status Species Resource Management Plan Amendment for southeast New Mexico. The RMPA established foundational requirements to be applied to all future activities for Federal surface and Federal minerals (including private surface used for Federal mineral development). Regardless of whether a permittee or lessee participates in this CCA, these RMPA foundational requirements will be applied to all activities requiring Federal authorization within the RMPA area (refer to Appendix D). While these RMPA requirements make up the foundation of protection provided to habitat for the LPC and SDL, the strength of the CCA comes from implementing additional conservation measures that are additive, or above and beyond those in the RMPA. Lesser Prairie-Chicken Participating Cooperators will implement the following types of conservation actionsAdaptive Management. The following is a suite of conservation measures Conservation Measures that can may be applied to enrolled properties (Enrolled Properties, broken down by Participant type and CCAA management zone. Participants will implement these Conservation Measures. Oil and Gas and Associated Infrastructure‌ Pursuant to Section XIV. FUNDING AND ENROLLMENT PROCESS of this CCAA and as applicable further set forth in the CI, oil and gas Participants agree to pay Habitat Conservation Fees for CEHMM to provide for: • The conservation of the Covered Species; • The conservation, reclamation, and restoration of the habitat suitable or beneficial to the Covered Species; and, • The implementation and administration of this CCAA. Rather than paying Habitat Conservation Fees, oil and gas Participants may elect to instead contribute in-kind services. In cooperation with interested Participants, CEHMM will identify the amount and nature of the in-kind services on a Participating Cooperators’ enrolled property) in case-by-case basis. In addition to payment of Habitat Conservation Fees or contribution of in-kind services, oil and gas Participants agree to implement the foundational requirements established in the RMPA:following Conservation Measures for New Surface Disturbance to avoid and minimize impacts to Covered Species.

CONSERVATION MEASURES. This section describes the approaches and strategies for conservingconserving the Covered Species and reducing, and reducing and/or eliminating threats to the LPC and SDLthereto (Appendix E). These approaches and strategies are based on ecological and biological principles designed to ensure a long-term approach provide conservation benefits to the protection and management Covered Species through the application of the LPC and SDLagreed to Conservation Measures. Therefore, the ultimate goal of this CCA CCAA is to facilitate conservation of a long-term approach to protect and manage the LPC Covered Species and SDL their habitat in southeastern New MexicoMexico and western Texas. For example, Participating Cooperators Participants can agree to protect and enhance existing populations and habitats, restore degraded habitat, create new habitat, augment existing populations of LPCTexas Hornshell or other Covered Species, restore historic populations, fund research studies, or undertake other activities on their Federal leases/allotments Enrolled Property, which improve the status of the LPC and SDLspecies. The management activities Conservation Measures included in this CCA CCAA should reduce and/or eliminate threats to the speciesCovered Species. Each CP will Baseline Conservation Measures for each stakeholder group are included in this CCAA and may or may not include Habitat Conservation Fees. Additional Conservation Measures negotiated by each Participant prior to enrollment may be negotiated on a case-by-case basis where Participating Cooperators will contribute funds to accomplish conservation measures above and beyond those required included in the RMPA, and implement agreed upon conservation measures on the enrolled propertyParticipant’s individual CI. While it is not necessary to conduct all conservation measures listed below on every property enrolled under this CCA, approved conservation measures will be undertaken as necessary to reduce and/or eliminate a particular threat (See Appendix E). CEHMM, in coordination with the FWS and BLM, CEHMM may use contributed funds Habitat Conservation Fees to conduct conservation measures on non-Federal lands Conservation Actions within the Black and Delaware river watersheds or other high priority areas. Such funds may be used if holders of any valid existing rights (private or Statee.g., oil and gas lessees, surface owners, and/or allottees) if those landowners agree, in writing through the CCAAwriting, to allow the implementation of the specified conservation measures Conservation Action on their landslands or specific to their rights. The goal is to implement the highest priority conservation measures Conservation Actions needed (regardless of land ownership) to reduce and/or eliminate threats to both species, the Covered Species as determined by the FWS, BLM, and NMDGF with input by CEHMM. As new information or empirical data becomes available, conservation measures Conservation Measures can be modified or added through adaptive management to achieve greater species conservation. Conservation measures to benefit the LPC include, but are not limited to: improving habitat and increasing populations by coordinating vegetation treatments with ongoing activities, decreasing habitat fragmentation, propagating and releasing and/or translocating individualsfuture CIs, and conducting research conducive to adaptive management of existing CIs with written approval from the LPC. Measures to benefit the SDL includeParticipant, but are not limited to: preventing further habitat fragmentation and conducting research conducive to adaptive management of the SDL. The specifics of the conservation measures aimed at benefitting the LPC and SDL are listed below. In order to ensure conservation measures provide the greatest possible benefit, and ultimately are sufficient to reduce extinction risk to acceptable levels, using funds provided by Participating Cooperators, a Population Viability Analysis (PVA) will be undertaken for both the SDL and LPC in New Mexico and contiguous areas of western Texas. PVA is a mathematical modeling and simulation process using the best available demographic and distributional information that allows for the comparison of extinction risk under a variety of different future scenarios. The PVA will allow managers to evaluate the relative value of different suites of conservation actions in reducing extinction risk. The PVA will be an invaluable tool for optimizing the use of conservation funds generated through the CCA, and will play a key role in annual and long-term planning of CCA conservation activities aimed at reducing and/or eliminating threats to the LPC and/or SDL. Prior to the completion of the PVA for these species, conservation measures will be developed by FWS, BLM, NMDGF, and other cooperating agencies. The Strategy will guide the development of these conservation measures. The results of biological monitoring combined with compliance monitoring will be used to evaluate the effectiveness of the conservation measures. The results of the PVA will be added to this information to evaluate the effectiveness of conservation measures and the emphasis place on various conservation strategies with in an adaptive management frame work. RMPA Foundational Requirements In April of 2008, BLM completed the Special Status Species Resource Management Plan Amendment for southeast New Mexico. The RMPA established foundational requirements to be applied to all future activities for Federal surface and Federal minerals (including private surface used for Federal mineral development). Regardless of whether a permittee or lessee participates in this CCA, these RMPA foundational requirements will be applied to all activities requiring Federal authorization within the RMPA area (refer to Appendix D). While these RMPA requirements make up the foundation of protection provided to habitat for the LPC and SDL, the strength of the CCA comes from implementing additional conservation measures that are additive, or above and beyond those in the RMPA. Lesser Prairie-Chicken Participating Cooperators will implement the following types of conservation actionsAdaptive Management. The following is a suite of conservation measures Conservation Measures that can may be applied to enrolled properties (as applicable to a Participating Cooperators’ enrolled property) in addition to the foundational requirements established in the RMPA:Enrolled Properties, broken down by Participant type and CCAA management zone. Participants will implement these Conservation Measures.

CONSERVATION MEASURES. This section describes the approaches and strategies for conserving, and reducing and/or eliminating threats to the LPC and SDL. These approaches and strategies are based on ecological and biological principles to ensure a long-term approach to the protection and management of the LPC and SDL. Therefore, the ultimate goal of this CCA is to facilitate conservation of the LPC and SDL in southeastern New Mexico. For example, Participating Cooperators can agree to protect and enhance existing populations and habitats, restore degraded habitat, create new habitat, augment existing populations of LPC, restore historic populations, fund research studies, or undertake other activities on their Federal leases/allotments which improve the status of the LPC and SDL. The management activities included in this CCA should reduce and/or eliminate threats to the species. Each CP will be negotiated on a case-by-case basis where Participating Cooperators will contribute funds to accomplish conservation measures above and beyond those required in the RMPA, and implement agreed upon conservation measures on the enrolled property. While it is not necessary to conduct all conservation measures listed below on every property enrolled under this CCA, approved conservation measures will be undertaken as necessary to reduce and/or eliminate a particular threat (See Appendix E). CEHMM, in coordination with the FWS and BLM, may use contributed funds to conduct conservation measures on non-Federal lands (private or State) if those landowners agree, in writing through the CCAAwriting, to allow the implementation of the specified conservation measures on their lands. The goal is to implement the highest priority conservation measures needed (regardless of land ownership) to reduce and/or eliminate threats to both species, as determined by the FWS, BLM, FWS and NMDGF BLM with input by CEHMM. As new information or empirical data becomes available, conservation measures can be modified or added through adaptive management to achieve greater species conservation. Conservation measures to benefit the LPC include, but are not limited to: improving habitat and increasing populations by coordinating vegetation treatments with ongoing activities, decreasing habitat fragmentation, propagating and releasing and/or translocating individuals, and conducting research conducive to adaptive management of the LPC. Measures to benefit the SDL include, but are not limited to: preventing further habitat fragmentation and conducting research conducive to adaptive management of the SDL. The specifics of the conservation measures aimed at benefitting the LPC and SDL are listed below. In order to ensure conservation measures provide the greatest possible benefit, and ultimately are sufficient to reduce extinction risk to acceptable levels, using funds provided by Participating Cooperators, a Population Viability Analysis (PVA) will be undertaken for both the SDL and LPC in New Mexico and contiguous areas of western TexasTexas using funds provided by Participating Cooperators. PVA is a mathematical modeling and simulation process using the best available demographic and distributional information that allows for the comparison of extinction risk under a variety of different future scenarios. The PVA will allow managers to evaluate the relative value of different suites of conservation actions in reducing extinction risk. The PVA will be an invaluable tool for optimizing the use of conservation funds generated through the CCA, and will play a key role in annual and long-term planning of CCA conservation activities aimed at reducing and/or eliminating threats to the LPC and/or SDL. Prior to the completion of the PVA for these species, conservation measures will be developed by FWS, BLM, NMDGF, and other cooperating agencies. The Strategy will guide the development of these conservation measures. The results of biological monitoring combined with compliance monitoring will be used to evaluate the effectiveness of the conservation measures. The results of the PVA will be added to this information to evaluate the effectiveness of conservation measures and the emphasis place on various conservation strategies with in an adaptive management frame work. RMPA Foundational Requirements In April of 2008, BLM completed the Special Status Species Resource Management Plan Amendment for southeast New Mexico. The RMPA established foundational requirements to be applied to all future activities for Federal surface and Federal minerals (including private surface used for Federal mineral development). Regardless of whether a permittee or lessee participates in this CCA, these RMPA foundational requirements will be applied to all activities requiring Federal authorization within the RMPA area (refer to Appendix D). While these RMPA requirements make up the foundation of protection provided to habitat for the LPC and SDL, the strength of the CCA comes from implementing additional conservation measures that are additive, or above and beyond those in the RMPA. Lesser Prairie-Chicken Participating Cooperators will implement the following types of conservation actions. The following is a suite of conservation measures that can be applied to enrolled properties (as applicable to a Participating Cooperators’ enrolled property) in addition to the foundational requirements established in the RMPA:.

CONSERVATION MEASURES. ‌ This section describes the approaches and strategies for conserving, conserving the Covered Species and reducing and/or or eliminating threats to the LPC and SDLthereto (Appendix E). These approaches and strategies are based on ecological and biological principles designed to ensure a long-term approach provide conservation benefits to the protection and management Covered Species through the application of the LPC and SDLagreed to Conservation Measures. Therefore, the ultimate goal of this CCA is to facilitate conservation of a long-term approach to protect and manage the LPC Covered Species and SDL their habitat in southeastern New MexicoMexico and western Texas. For example, Participating Cooperators Participants can agree to protect and enhance existing populations and habitats, restore degraded habitat, create new habitat, augment existing populations of LPCTexas Hornshell or other Covered Species, restore historic populations, fund research studies, or undertake other activities on their Federal leases/allotments Enrolled Lands, which improve the status of the LPC and SDLspecies. The management activities Conservation Measures included in this CCA should reduce and/or or eliminate threats to the speciesCovered Species. Each CP will Baseline Conservation Measures for each stakeholder group are included in this CCA and may include Habitat Conservation Fees. Additional Conservation Measures negotiated by each Participant prior to enrollment may be negotiated on a case-by-case basis where Participating Cooperators will contribute funds to accomplish conservation measures above and beyond those required included in the RMPA, and implement agreed upon conservation measures on the enrolled propertyParticipant’s individual CP. While it is not necessary to conduct all conservation measures listed below on every property enrolled under this CCA, approved conservation measures will be undertaken as necessary to reduce and/or eliminate a particular threat (See Appendix E). CEHMM, in coordination with the FWS and BLM, CEHMM may use contributed funds Habitat Conservation Fees to conduct conservation measures on non-Federal lands Conservation Actions within the Black and Delaware river watersheds or other high priority areas. Such funds may be used if holders of any valid existing rights (private e.g., oil and gas lessees, surface owners, or Stateallottees) if those landowners agree, in writing through the CCAAwriting, to allow the implementation of the specified conservation measures Conservation Action on their landslands or specific to their rights. The goal is to implement the highest priority conservation measures Conservation Actions needed (regardless of land ownership) to reduce and/or or eliminate threats to both species, the Covered Species as determined by the FWS, BLM, and NMDGF with input by BLM and CEHMM. As new information or empirical data becomes available, conservation measures Conservation Measures can be modified or added through adaptive management to achieve greater species conservation. Conservation measures to benefit the LPC include, but are not limited to: improving habitat and increasing populations by coordinating vegetation treatments with ongoing activities, decreasing habitat fragmentation, propagating and releasing and/or translocating individualsfuture CPs, and conducting research conducive to adaptive management of existing CPs with written approval from the LPC. Measures to benefit the SDL includeParticipant, but are not limited to: preventing further habitat fragmentation and conducting research conducive to adaptive management of the SDL. The specifics of the conservation measures aimed at benefitting the LPC and SDL are listed below. In order to ensure conservation measures provide the greatest possible benefit, and ultimately are sufficient to reduce extinction risk to acceptable levels, using funds provided by Participating Cooperators, a Population Viability Analysis (PVA) will be undertaken for both the SDL and LPC in New Mexico and contiguous areas of western Texas. PVA is a mathematical modeling and simulation process using the best available demographic and distributional information that allows for the comparison of extinction risk under a variety of different future scenarios. The PVA will allow managers to evaluate the relative value of different suites of conservation actions in reducing extinction risk. The PVA will be an invaluable tool for optimizing the use of conservation funds generated through the CCA, and will play a key role in annual and long-term planning of CCA conservation activities aimed at reducing and/or eliminating threats to the LPC and/or SDL. Prior to the completion of the PVA for these species, conservation measures will be developed by FWS, BLM, NMDGF, and other cooperating agencies. The Strategy will guide the development of these conservation measures. The results of biological monitoring combined with compliance monitoring will be used to evaluate the effectiveness of the conservation measures. The results of the PVA will be added to this information to evaluate the effectiveness of conservation measures and the emphasis place on various conservation strategies with in an adaptive management frame work. RMPA Foundational Requirements In April of 2008, BLM completed the Special Status Species Resource Management Plan Amendment for southeast New Mexico. The RMPA established foundational requirements to be applied to all future activities for Federal surface and Federal minerals (including private surface used for Federal mineral development). Regardless of whether a permittee or lessee participates in this CCA, these RMPA foundational requirements will be applied to all activities requiring Federal authorization within the RMPA area (refer to Appendix D). While these RMPA requirements make up the foundation of protection provided to habitat for the LPC and SDL, the strength of the CCA comes from implementing additional conservation measures that are additive, or above and beyond those in the RMPA. Lesser Prairie-Chicken Participating Cooperators will implement the following types of conservation actionsAdaptive Management. The following is a suite of conservation measures Conservation Measures that can may be applied to enrolled properties (Enrolled Lands, broken down by Participant type and CCA management zone. Participants will implement these Conservation Measures. Oil and Gas and Associated Infrastructure‌ Pursuant to Section XIV. FUNDING AND ENROLLMENT PROCESS of this CCA and as applicable further set forth in the CP, oil and gas Participants agree to pay Habitat Conservation Fees for CEHMM to provide for: • The conservation of the Covered Species; • The conservation, reclamation, and restoration of the habitat suitable or beneficial to the Covered Species; and, • The implementation and administration of this CCA. Rather than paying Habitat Conservation Fees, oil and gas Participants may elect to instead contribute in-kind services. In cooperation with interested Participants, CEHMM will identify the amount and nature of the in-kind services on a Participating Cooperators’ enrolled property) in case-by-case basis. In addition to payment of Habitat Conservation Fees or contribution of in-kind services, oil and gas Participants agree to implement the foundational requirements established in the RMPA:following Conservation Measures for New Surface Disturbance to avoid and minimize impacts to Covered Species.