Frequently Asked Questions

The CCA is an agreement between the USFWS, BLM, and Center of Excellence (CEHMM) for actions (such as oil and gas development and livestock grazing) occurring on lands or minerals administered by BLM. The Participating Cooperator (rancher or oil and gas producer) can volunteer to join the Agreement through a Certificate of Participation (CP). Participation in the CCA provides a high level of certainty that if the Cooperator implements conservation activities in their CP, they will not likely be subject to additional restrictions if LPC and/or SDL become listed under the ESA.

The Candidate Conservation Agreement with Assurances (CCAA) is an agreement like the CCA, but it applies to non-Federal lands and minerals. The land user (land owner or lessee) can volunteer to join the Agreement through a Certificate of Inclusion (CI). Participants agree to help reduce threats to candidate species, and in return, they receive assurances that they will not be subject to additional restrictions if LPC and/or SDL become listed under the ESA.

In practice, there are few differences between the two Agreements. However, legally, the main difference is that participants in the CCAA receive “assurances” that their operations will not be affected by a listing decision and participants in the CCA receive a high degree of certainty that operations will not be affected. The goal of the program is to implement conservation measures across the landscape in a consistent manner that improves the status for both LPC and SDL.

“Certificate of Inclusion” is an established term used by the USFWS that refers to participants who have assurances granted through a CCAA. Because CCAAs have different legal parameters (assurances) than CCAs (high-degree of certainty), a different term, “Certificate of Participation,” is used to identify participants in a CCA.

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. These partnerships include New Mexico State University (Las Cruces, New Mexico), Western Refining (El Paso, Texas), the BLM, the USFWS, and the City of Carlsbad, New Mexico.

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/SDL, 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.

Lesser prairie-chickens can be found in shinnery oak, sand sage and bluestem prairies. Sand dune lizards can be found in shinnery oak sand dunes. When agency staffs are working with an interested party, they will utilize available location data to determine if the lease in question contains suitable habitat for either species.

No.

No! If a species gets listed, it is listed and protected on all land ownerships (Federal, State, private).

Yes. A “Participating Landowner” is defined in 50 CFR § 17.3 as a person with a fee simple, leasehold, or property interest, or any other entity that may have a property interest sufficient to carry out the proposed management activities.

The CCA and CCAA are voluntary agreements, so participants can choose to cancel enrollment at any time. If a participant chooses to cancel their agreement, the enrolled lands would no longer be covered if either species is listed under the Endangered Species Act.

A standard set of conservation measures were established in the BLM’s 2008 Special Status Species Resource Management Plan. Operators of Federal leases are already familiar with these stipulations/conditions of approval. Other conservation measures can be found at the end of this document under “Sample Conservation Measures.”

Funds are sent to CEHMM. Projects and priorities are set by a team consisting of at least the USFWS and BLM. CEHMM is responsible for implementing (contracting), monitoring and reporting on projects.

If listing were to occur, Participating Cooperators would only be delayed about 1-2 months, if at all, while the USFWS consultation on the Agreement (CCA/CCAA) is adopted as their final “opinion.” At that period, the companies could continue their operations. For those who have not participated, a long-term delay is anticipated on their permits since they will require reanalysis for impacts to the species. There could even be a situation where a permit would not be approved. Our best estimate is that it will take the agencies 1-3 years to complete a programmatic interagency consultation/Habitat Conservation Plan. An additional advantage to participating is that once the USFWS issues a final “opinion” of the Agreement, a provision for incidental take will be included. Without a Certificate, an operator, whether on Federal or non-Federal lands, would not have protection from take.

The ESA prohibits the take of endangered and threatened species without special exemption. “Take” is defined as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect, or to attempt to engage in any such conduct. Harm is further defined by the FWS as an act which actually kills or injures wildlife and may include significant habitat modification or degradation that results in death or injury to listed species by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering. Harass is defined by the FWS as intentional or negligent actions or omissions which create the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavior patterns which include, but are not limited to, breeding, feeding or sheltering.

The Participating Cooperator will provide funds over a three-year period that begins with the execution of the CP.

The Participating Cooperator will make the first payment into the Habitat Conservation Fund Account at the date of execution of this CP. The second and third payments will be made on the first and second anniversary of the execution date of this CP. For each of the three years, the annual prepayment will be calculated at $2 per gross acre for all parcels enrolled in this CP, with a minimum of $20,000 deposited each year.

The Participating Cooperator may, at their sole option, pay more than the required amount into their Habitat Conservation Fund Account during any prepayment period but never less than the required amount as described herein.

Prepayment of any new Federal parcels added by addendum to a CP will be calculated at $2 per gross acre and be due at the time the parcels are added to the CP. The total acreage enrolled in a CP, and the resulting annual prepayment, will be recalculated on the remaining anniversary dates of the 3 year cycle.

The Participating Cooperator will remit the Habitat Conservation Fee to CEHMM. CEHMM will maintain the funds in a Habitat Conservation Fund Account specific to this CP. The purpose of the Habitat Conservation Fund Account is to meet the Participating Cooperator’s obligations under the CCA.

Section 7 consultation only occurs after a species is listed for new activities that require a Federal permit and would result in take. Those activities cannot begin until the consultation process is complete. However, a benefit of having a Certificate is that analyses will have already been performed, meaning an Opinion has already been issued and Section 7 consultation would be unnecessary. Only projects addressed in the Certificate would be able to begin without Consultation.

Properties without a Certificate in effect will require some level of consultation with the USFWS before the project begins. For any new actions on Federal lands, Section 7 interagency consultation is the process. For any new actions on non-Federal lands, the owner/lessee would be encouraged to contact the USFWS to address potential take issues from the operation through the Section 10 process before the project begins.

Federal Register / Vol. 64, No. 116 / Thursday, June 17, 1999 / Notices/ Announcement of Final Policy for CCAA: On June 12, 1997, the Services issued a draft policy (62 FR 32183), and the FWS issued proposed regulations to implement the policy (62 FR 32189). Under the policy, non-Federal property owners, who enter into a Candidate Conservation Agreement with assurances that commit them to implement voluntary conservation measures for proposed or candidate species, or species likely to become candidates or proposed in the near future, will receive assurances from the Services that additional conservation measures will not be required and additional land, water, or resource use restrictions will not be imposed should the species become listed in the future. These assurances will be provided in the property owner’s Agreement and in an associated enhancement of survival permit issued under section 10(a)(1)(A) of the Act. This policy was effective July 19, 1999.

Participants in the CCA a high degree of certainty that additional measures would not be required of Participaing Cooperators. Should listing occur, the Conference Opinion for the agreement and associated incidental take statement would be adopted as a Biological Opinion if no significant new information is developed that would alter the content or determinations of the Conference Opinion. Having a robust CCA is the key to having a high degree of certainty that changes in activities or circumstances on Federal lands would only be necessary if unanticipated and unusual circumstances develop that are not adequately addressed by the CCA.

Besides contributed funding, terms of individual agreements will be tailored to the specific parcels being enrolled. For projects involving Federal minerals, most of the conservation measures are already applied as lease stipulations or conditions-of-approval for the permitted activity. Examples include planning locations to avoid sensitive habitats, routing infrastructure in corridors, and avoiding construction/drilling activities during the breeding season. Other conservation measures can be designed to further enhance or protect habitat as necessary on a case-by-case basis.

Not necessarily. The funds will used to complete the highest priority projects that benefit the species. Projects are identified and prioritized by the interagency team. CEHMM is responsible for keeping the list of prioritized projects for implementation, either through contributed funds or in-kind work.

A team of biologists from the USFWS and BLM will prioritize the projects to ensure the most important projects are completed first.

Specifically for LPC, projects would include invasive brush control, removal of abandoned structures, marking structures in order to minimize collisions, installing wildlife escape ramps in water troughs, removing caliche from abandoned roads and well pads where there is no responsible party.

Yes, because the new lessee/operator will retain the benefits of the agreement and continue to operate if the species is listed under the Endangered Species Act. Without a Certificate, new actions that would impact the species would require consultation with USFWS.

Yes. 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 precluding 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 specialist 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/SDL 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 be modified to avoid impacts to the species.

Yes. Parcels enrolled under a CP can be transferred to another Participating Cooperator with a CP before or after a listing decision occurs. Parcels may only be transferred from the CP of one Participating Cooperator to the CP of another Participating Cooperator. Parcels or leases that are under a CI can be transferred to another Participating Cooperator with a CI before or after a listing decision occurs. Parcels may only be transferred from the CI of one Participating Cooperator to the CI of another Participating Cooperator. You may not transfer a parcel or lease from a CI to a CP or a parcel or lease from a CP to a CI.

Yes. After a listing decision, an interested party may become a Participating Cooperator if they acquire an enrolled parcel and wish to continue enrollment of the parcel.