A "No Surprises" policy to provide assurances to landowners who are participating in habitat conservation plans for endangered species was officially prpposed as a regulation today by the Interior Department's U.S. Fish and Wildlife Service and the Commerce Department's National Marine Fisheries Service.
The policy, which was codified in response to a suit filed in 1996 by the Spirit of the Sage Council and settled last March, says that the Federal government will not require. landowners who are complying in good faith with the terms of an HCP permit to provide additional land or financial compensation for species covered under a properly functioning HCP. Neither Federal agency will seek any any other form of additional mitigation except under unforeseen circumstances.
"Landowners with private or commercial land have a legitimate concern," said Interior Secretary Bruce Babbitt. "They want some assurance that, once they agree to be a party to an HCP and to mitigate the effects of their activities on listed species, we won't come back later for a second bite from the apple. 'No Surprises' addresses that concern in a very concrete way: like its name, it signifies that a deal is a deal and that there will be no surprises down the road.
