Common use of Return to Baseline Conditions Clause in Contracts

Return to Baseline Conditions. For this Agreement, “return to baseline conditions” means returning the southwestern willow flycatcher population back to the baseline of zero and returning the number of woody riparian trees back to the baseline of 100 individual or clumps of trees. The Cooperator reserves the right to take the Enrolled Lands back to baseline conditions at the end of this agreement. The Safe Harbor program allows for early termination of Agreements under certain circumstances (see Part 12). Therefore, the Agreement can be terminated prior to the expiration date and the Cooperator can return the land to baseline conditions even if the expected ‘net conservation benefits’ have not been realized. However, the purpose of this Agreement is to restore and enhance riparian habitat for the listed species to a more naturally occurring condition. The Cooperator has stated that are no plans for removing the plantings or fencing in the future. If the landowner chooses to return the restored habitat to baseline conditions and habitat improvements have resulted in occupancy by any of the covered species, taking may occur. The Service requests reasonable advance written notice of 60 days minimum, if possible, for the opportunity to relocate affected, listed species. Two possible activities have been identified that would cause the property to return to baseline conditions. One activity would be fire abatement actions to protect lives and property. This area of Arizona has experienced drought conditions for several years. The nearest town for fire assistance is Springerville which is 15 miles northwest of the EC Bar Ranch. Due to this distance, the Cooperator may need to reduce vegetation around his property to minimize Another activity is a change to the current land use of cattle grazing and agriculture to a use that regards riparian habitat as low value. Land use change could occur due to economic reasons forcing the Cooperator to change from ranching to some other activity to generate income. Other land use activities could include leasing or selling a portion of the property for a home site.

Return to Baseline Conditions. For this Agreement, “return to baseline conditions” means returning the southwestern willow flycatcher population back to the baseline of zero and returning the number of woody riparian trees back to the baseline of 100 individual or clumps of trees. The Cooperator reserves the right to take the Enrolled Lands back to baseline conditions at the end of this agreement. The Safe Harbor program allows for early termination of Agreements under certain circumstances (see Part 12). Therefore, the Agreement can be terminated prior to the expiration date and the Cooperator can return the land to baseline conditions even if the expected ‘net conservation benefits’ have not been realized. However, the purpose of this Agreement is to restore and enhance riparian habitat for the listed species to a more naturally occurring condition. The Cooperator has stated that are no plans for removing the plantings or fencing in the future. If the landowner chooses to return the restored habitat to baseline conditions and habitat improvements have resulted in occupancy by any of the covered species, taking may occur. The Service requests reasonable advance written notice of 60 days minimum, if possible, for the opportunity to relocate affected, listed species. Two possible activities have been identified that would cause the property to return to baseline conditions. One activity would be fire abatement actions to protect lives and property. This area of Arizona has experienced drought conditions for several years. The nearest town for fire assistance is Springerville which is 15 miles northwest of the EC Bar Ranch. Due to this distance, the Cooperator may need to reduce vegetation around his property to minimize potential fire hazards. This may include riparian vegetation depending on the conditions at the time (e.g., drought causing vegetation to die or dry out). Another activity is a change to the current land use of cattle grazing and agriculture to a use that regards riparian habitat as low value. Land use change could occur due to economic reasons forcing the Cooperator to change from ranching to some other activity to generate income. Other land use activities could include leasing or selling a portion of the property for a home site.