Common use of Regulatory Environment Clause in Contracts

Regulatory Environment. 2.1.1 Federal - Sections 2, 7, and 10 of the ESA allow USFWS to enter into this Safe Harbor Agreement. Section 2 of the ESA states that encouraging interested parties to develop and maintain conservation programs, through Federal financial assistance and a system of incentives, is a key to safeguarding the nation’s heritage in fish, wildlife, and plants. Section 7 of the ESA requires USFWS to review programs that it administers and to use such programs to further the purposes of the ESA. By entering into this Safe Harbor Agreement, USFWS will use its programs to promote such conservation. Section 10(a)(1)(A) of the ESA authorizes the USFWS to issue enhancement of survival permits for listed species. This Safe Harbor Agreement is entered into pursuant to the Final Safe Harbor Policy (U.S. Department of the Interior and U.S. Department of Commerce 1999), Final Rule (U.S. Department of the Interior 1999), and Revisions to the Regulations for Safe Harbor Agreements and Candidate Conservation Agreements With Assurances (U.S. Department of the Interior 2004), and implements the intent of the Applicants and the USFWS to follow the procedural and substantive requirements of section 10(a)(1)(A) of the ESA. The purpose of this Safe Harbor Agreement is for USFWS to provide assurances to RRC that, in allowing the USFWS legal access on and across it’s lands to survey and remove barred owls from RRC lands as part of the Barred Owl Removal Experiment, RRC will not be encumbered with additional expectations or regulatory requirements that may affect the implementation of the Management Plan beyond the current baseline condition defined by occupied sites and if spotted owls reoccupy currently unoccupied sites. By permitting the USFWS and its contractors/agents to survey for and remove barred owls from RRC lands within the Union/Myrtle (Klamath) Study Area, RRC will contribute greatly to the strength and quality of data from this Experiment. The information from this Experiment is crucial for the development of a barred owl management strategy to support the conservation of northern spotted owls. RRC will receive a permit that authorizes incidental take of any spotted owls that reoccupy currently unoccupied (non-baseline) sites as a result of the removal of barred owls under the Experiment.

Regulatory Environment. 2.1.1 Federal - Sections 2, 7, and 10 of the ESA allow authorize USFWS to enter into this Safe Harbor Agreement. Section 2 of the ESA states that encouraging interested parties to develop and maintain conservation programs, through Federal financial assistance and a system of incentives, is a key to safeguarding the nation’s heritage in fish, wildlife, and plants. Section 7 7(a)(1) of the ESA requires USFWS to review programs that it administers and to use such programs to further the purposes of the ESA. By entering into this Safe Harbor Agreement, USFWS will use its programs to promote such conservation. Section 10(a)(1)(A) of the ESA authorizes the USFWS to issue enhancement of survival permits for listed species. This Safe Harbor Agreement is entered into pursuant to the Final Safe Harbor Policy (U.S. Department of the Interior and U.S. Department of Commerce 1999)Policy, Final Rule (U.S. Department of the Interior 1999), and Revisions to the Regulations for Safe Harbor Agreements and Candidate Conservation Agreements With Assurances (U.S. Department of the Interior 2004), and implements the intent of the Applicants applicant (Weyerhaeuser) and the USFWS to follow the procedural and substantive requirements of section 10(a)(1)(A) of the ESA. The purpose of this Safe Harbor Agreement is for USFWS to provide assurances to RRC Weyerhaeuser that, in allowing the USFWS legal access on and across it’s lands to survey and remove barred owls from RRC Weyerhaeuser lands as part of the Barred Owl Removal Experiment, RRC Weyerhaeuser will not be encumbered with additional expectations or regulatory requirements that may affect the implementation management of the Management Plan their lands beyond the current baseline condition defined by occupied sites and if spotted owls reoccupy currently unoccupied sites. By permitting the USFWS and its contractors/agents to survey for and remove barred owls from RRC Weyerhaeuser lands within the Union/Myrtle (Klamath) Study Area, RRC Weyerhaeuser will contribute greatly to the strength and quality of data from this Experimentexperiment. The information from this Experiment is crucial for the development of a barred owl management strategy to support the conservation of northern spotted owls. RRC Weyerhaeuser will receive a permit that authorizes incidental take of any spotted owls that reoccupy currently unoccupied (non-baseline) sites as a result of the removal of barred owls under the Experimentexperiment.

Regulatory Environment. 2.1.1 Federal - Sections 2, 7, and 10 of the ESA allow USFWS to enter into this Safe Harbor Agreement. Section 2 of the ESA states that encouraging interested parties to develop and maintain conservation programs, through Federal federal financial assistance and a system of incentives, is a key to safeguarding the nation’s heritage in fish, wildlife, and plants. Section 7 of the ESA requires USFWS to review programs that it administers and to use such programs to further the purposes of the ESA. By entering into this Safe Harbor Agreement, USFWS will use its programs to promote such conservation. Section 10(a)(1)(A) of the ESA authorizes the USFWS to issue enhancement of survival permits for listed species. This Safe Harbor Agreement is entered into pursuant to the Final Safe Harbor Policy (U.S. Department of the Interior and U.S. Department of Commerce 1999), Final Rule (U.S. Department of the Interior 1999), and Revisions to the Regulations for Safe Harbor Agreements and Candidate Conservation Agreements With Assurances (U.S. Department of the Interior 2004), and implements the intent of the Applicants and the USFWS to follow the procedural and substantive requirements of section 10(a)(1)(A) of the ESA. The purpose of this Safe Harbor Agreement is for USFWS to provide assurances to RRC and Oxbow that, in allowing the USFWS legal access on US Fish and across it’s lands Wildlife Service to survey and remove barred owls from RRC and Oxbow lands as part of the Barred Owl Removal Experiment, RRC or Oxbow will not be encumbered with additional expectations or regulatory requirements that may affect the implementation management of the Management Plan their lands beyond the current baseline condition defined by occupied sites and if spotted owls reoccupy currently unoccupied sites. By permitting the USFWS and its contractors/agents to survey for and remove barred owls from RRC and Oxbow lands within the Union/Myrtle (Klamath) Oregon Coast Ranges Study Area, RRC and Oxbow will contribute greatly to the strength and quality of data from this Experimentexperiment. The information from this Experiment experiment is crucial for the development of a barred owl management strategy to support the conservation of northern spotted owls. RRC and Oxbow will receive a permit that authorizes incidental take of any spotted owls that reoccupy currently unoccupied (non-baseline) sites as a result of the removal of barred owls under the Experimentexperiment.

Regulatory Environment. 2.1.1 Federal - ODF lands within the treatment area are currently managed to comply with the provisions of Section 9 of the ESA. Sections 2, 7, and 10 of the ESA allow USFWS to enter into this Safe Harbor Agreement. Section 2 of the ESA states that encouraging interested parties to develop and maintain conservation programs, through Federal financial assistance and a system of incentives, is a key to safeguarding the nation’s heritage in fish, wildlife, and plants. Section 7 of the ESA requires USFWS to review programs that it administers and to use such programs to further the purposes of the ESA. By entering into this Safe Harbor Agreement, USFWS will use its programs to promote such conservation. Section 10(a)(1)(A) of the ESA authorizes the USFWS to issue enhancement of survival permits for listed species. This Safe Harbor Agreement is entered into pursuant to the Final Safe Harbor Policy (U.S. Department of the Interior and U.S. Department of Commerce 1999), Final Rule (U.S. Department of the Interior 1999), and Revisions to the Regulations for Safe Harbor Agreements and Candidate Conservation Agreements With Assurances (U.S. Department of the Interior 2004), and implements the intent of the Applicants and the USFWS to follow the procedural and substantive requirements of section 10(a)(1)(A) of the ESA. The purpose of this Safe Harbor Agreement is to facilitate the ability of USFWS, U.S. Geological Survey (USGS), and their contractors/agents to survey for USFWS and remove barred owls from ODF lands within the Oregon Coast Ranges Study Area and to provide assurances to RRC ODF that, in allowing the USFWS legal access on and across it’s lands to survey and remove barred owls from RRC ODF lands as part of the Barred Owl Removal Experiment, RRC ODF will not be encumbered with additional expectations or regulatory requirements that may affect the implementation management of the Management Plan their lands beyond the current baseline condition defined by occupied sites and if spotted owls reoccupy currently unoccupied sites. By permitting the USFWS and to do this work on its contractors/agents to survey for and remove barred owls from RRC lands within the Union/Myrtle (Klamath) Study Arealands, RRC ODF will contribute greatly to the strength and quality of data from this Experimentexperiment. The information from this Experiment experiment is crucial for the development of a barred owl management strategy to support the conservation of northern spotted owls. RRC will Once all issuance requirements are met, ODF would receive a permit that authorizes incidental take of any spotted owls that reoccupy currently unoccupied sites (non-baselinedefined below) sites as a result of the removal of barred owls under the Experimentexperiment, should such take be likely to occur through future planned forest management activities during the permit term.