Common use of Proposed Actions Clause in Contracts

Proposed Actions. The FS agrees to review and consider the recommendations in the LCAS prior to making any new decision to undertake actions in lynx habitat. A proposed or new action is one for which a federal agency has no documented agency decision (does not yet have a decision notice, record of decision, or decision memo). For actions on NFS lands which are proposed by and/or involve third parties, such as pipeline corridors, access requests, issuance of new authorizations upon expiration of existing authorizations or permits, etc. the agencies agree to review and consider the new information on the lynx included in the LCAS, the Science Report, and appropriate local information to ensure compliance with all applicable federal laws, including ESA, NEPA and NFMA during the agencies’ analysis and decision-making processes. For actions on NFS lands which are proposed by the FS and do not involve third parties, an evaluation will be prepared of the action using relevant new information, including the LCAS and the Science Report, to determine whether the activity may affect the lynx. If the evaluation indicates an activity is likely to adversely affect the lynx, the agency will not authorize the activity until plans are revised or amended as indicated in Part 2, or it has been determined that plans do not need to be amended or revised to incorporate additional measures for lynx. After any necessary revisions or amendments of Forest Plans to incorporate additional measures for lynx, projects may be authorized provided they are consistent with the Forest Plans and comply with ESA and other applicable laws. This section does not change current plan direction but, for an interim period, will affect priorities for selecting and implementing particular management actions. The FS and FWS will also look for opportunities to undertake proactive management actions to benefit lynx, based on the LCAS, to the extent they are consistent with current land and resource management plans. Nothing in this section of the Conservation Agreement is intended to alter existing laws and regulations. In addition, section 504 of the 1995 Rescissions Act requires that, not withstanding any other law, grazing permits which expire before scheduled NEPA analysis and decision shall be issued under the same terms and conditions. Section 504 also provides upon completion of the scheduled NEPA analysis and decision, the terms and conditions of existing grazing permits may be modified or reissued as necessary. As such, if an expiring grazing permit subject to Section 504 of the 1995 Rescissions Act is at issue, the new permit will be issued in accordance with the provisions of section 504.

Proposed Actions. The FS agrees to review and consider the recommendations in the LCAS prior to making any new decision to undertake actions in lynx habitat. A proposed or new action is one for which a federal agency has no documented agency decision (does not yet have a decision notice, record of decision, or decision memo). Lynx Conservation Agreement-- USDA Forest Service & USDI Fish and Wildlife Service For actions on NFS lands which are proposed by and/or involve third parties, such as pipeline corridors, access requests, issuance of new authorizations upon expiration of existing authorizations or permits, etc. the agencies agree to review and consider the new information on the lynx included in the LCAS, the Science Report, and appropriate local information to ensure compliance with all applicable federal laws, including ESA, NEPA and NFMA during the agencies’ analysis and decision-making processes. For actions on NFS lands which are proposed by the FS and do not involve third parties, an evaluation will be prepared of the action using relevant new information, including the LCAS and the Science Report, to determine whether the activity may affect the lynx. If the evaluation indicates an activity is likely to adversely affect the lynx, the agency will not authorize the activity until plans are revised or amended as indicated in Part 2, or it has been determined that plans do not need to be amended or revised to incorporate additional measures for lynx. After any necessary revisions or amendments of Forest Plans to incorporate additional measures for lynx, projects may be authorized provided they are consistent with the Forest Plans and comply with ESA and other applicable laws. This section does not change current plan direction but, for an interim period, will affect priorities for selecting and implementing particular management actions. The FS and FWS will also look for opportunities to undertake proactive management actions to benefit lynx, based on the LCAS, to the extent they are consistent with current land and resource management plans. Nothing in this section of the Conservation Agreement is intended to alter existing laws and regulations. In addition, section 504 of the 1995 Rescissions Act requires that, not withstanding any other law, grazing permits which expire before scheduled NEPA analysis and decision shall be issued under the same terms and conditions. Section 504 also provides upon completion of the scheduled NEPA analysis and decision, the terms and conditions of existing grazing permits may be modified or reissued as necessary. As such, if an expiring grazing permit subject to Section 504 of the 1995 Rescissions Act is at issue, the new permit will be issued in accordance with the provisions of section 504.