Legal Requirements for State Departments of Transportation Agency Participation in Conservation Plans (2017) / Chapter Skim
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Pages 22-25
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From page 22... ...
22 principles, measures and metrics, and credit release schedules.199 The FWS estimates that up to ten states may choose to participate in the first three years of the program; however, the Order itself expires by its own terms in 18 months unless amended, superseded, or revoked. Those previously enrolled in CCAA projects will be able to market any excess conservation improvements to others needing to offset unavoidable impacts.
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From page 23... ...
23 important to state transportation agencies, and to state and federal regulatory agencies.210 • Advance planning allows better compensation for impacts. The use of conservation planning means that mitigation actions are not one-off decisions, but contribute to the function of ecosystems, the recovery of species, or the hydrological, chemical, and biological integrity of watersheds.
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From page 24... ...
24 At the same time, state agency participation in conservation planning across the nation has been ad hoc and sporadic for the most part, and even in California, the decision to engage or not has depended on subjective factors like personal relationships or the timing of particular planning processes.220 The availability of state transportation agencies funding also does not always match the need for development of large-scale conservation plans. In particular, funding practices are often closely tied to project plans such that there is limited ability to accommodate acquisition of habitat not needed for current mitigation, but that will be needed in the future.
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From page 25... ...
25 3. Legal Treatment of Conservation Credits Created or Purchased by State Transportation Agencies In general, mitigation credits are treated as personal property rather than as interests in real property.226 Given the release of liability related to purchase of credits from a third party, they may not be cancelled or revoked once regulatory approval has been granted for the impact mitigated by use of the credits.
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