Decision-space to reduce or

fy any discretionary eliminate burdens. Addressing any potential issues, along with providing consistency with the  Neodymium Magnets Mitigation Manual is expected to provide greater predictability (internally and externally), reduce conflicts, and may reduce permitting/authorizations time. Success will be measured in terms of complying with the NTSA and identifying and allowing compatible multiple uses. FWS iv. Compensatory Mitigation for Impacts to Migratory Bird Habitat The FWS has the authority to recommend, but not require, mitigation for impacts to migratory bird habitat under several Federal authorities. Pursuant to a Memoranda of Understanding with the Federal Energy Regulatory Commission (FERC), implementing EO13186 (January 10, 2001), FWS evaluates the impacts of FERC-licensed interstate pipelines to migratory bird habitat. The FWS is developing Service-wide guidance to ensure the bureau is consistent, fair and objective, appropriately characterizes the voluntary nature of compensatory mitigation for impacts to migratory bird habitat, and demonstrates a reasonable nexus between anticipated impacts and recommended mitigation. The FWS anticipates it will take 3 months to finalize the guidance. Guidance will result in timely and practicable licensing decisions, while providing for the conservation of migratory Birds of Conservation Concern. 39 Success will be measured by timely issuance of licenses that contain appropriate recommendations that do not impose burdensome costs to developers. The FWS Regional and Field Offices will provide informal guidance through email and regularly scheduled conference calls to educate and remind staff of policy. v. Mitigation Actions – Regulations and Policy Governing Candidate Conservation Agreements with Assurances (CCAAs) The CCAAs are developed to encourage voluntary conservation efforts to benefit species that are candidates for listing by providing the regulatory assurance that take associated with implementing an approved candidate conservation agreement will be permitted under section 10(a)(1)(A) for the Endangered Species Act if the species is ultimately listed, and that no additional mitigation requirements will be imposed. Recent revisions to the CCAA regulations and policy and the adoption of “net conservation benefit” as an issuance standard has been perceived by some to impose an unnecessary, ambiguous, and burdensome standard that will discourage voluntary conservation. There are also concerns with the preamble language that suggested that CCAAs may not be appropriate vehicles for permitting take of listed species resulting from oil and gas development activities. The FWS will solicit public review and comment on the need and

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