Memorandum of Understanding Between Oklahoma Department of Wildlife Conservation And Oklahoma Independent Petroleum Association

This Memorandum of Understanding, entered into on the 17th day of January 2012, by and between the Oklahoma Department of Wildlife Conservation, a constitutional agency of the State of Oklahoma, acting by and through its Director under authority of Title 29 of the Statutes of Oklahoma (hereinafter called the Department) and Oklahoma Independent Petroleum Association, (hereinafter called OIPA), Whereas, petroleum development is vital source of energy in the United States, and Oklahomas oil and natural gas resources position the state to be one of the leading locations in the nation for petroleum development; and Whereas, OIPA is committed to helping its members identify and implement responsible steps in the development of the energy resources in the State of Oklahoma; and Whereas, OIPA strives to help its members set an example as stewards of the environment; and Whereas, the mission of the Oklahoma Department of Wildlife Conservation is to manage Oklahomas wildlife resources and habitat to provide scientific, educational, aesthetic, economic and recreational benefits for present and future generations of hunters, anglers and others who appreciate wildlife; and Whereas, oil and natural gas well sites and their infrastructure are among many forms of development activities that may injure wildlife, damage wildlife habitat, contribute to habitat fragmentation, and may adversely affect reproduction and behavior of wildlife species in an area surrounding such sites; and Whereas, the oil and natural gas development in northwest Oklahoma is located in the mixed-grass prairie region which includes mixed-grass prairie, shinnery oak shrubland, and sand sagebrush/bluestem shrubland habitat types, all of which have been identified as very high priority conservation landscapes by the State Wildlife Action Plan; and Whereas, the lesser prairie-chicken (LPC) has been identified as a species of greatest conservation need in the State Wildlife Action Plan, and is a candidate species for listing as a federal threatened species, and typically resides on tracts of the landscape described above. THEREFOR THE PARTIES AGREE AS FOLLOWS: 1. Purpose of This Memorandum of Understanding. The purposes of this Memorandum of Understanding (MOU) are to:

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A. Establish a collaborative working relationship between the Oklahoma Department of Wildlife Conservation and OIPA to assist in the identification and the development of steps that can be taken by OIPA's members in their oil and gas development within the tracts of lands identified above to avoid or minimize, to the extent possible and practical, the impact of their operations on the LPC and their habitat. B. Work together to try and offset any unavoidable impacts by protecting, enhancing and/or restoring the habitat within the mixed-grass prairie region of Oklahoma in a joint effort to demonstrate to the United States Fish and Wildlife Service (USFWS) that all reasonably possible actions to ensure the viability of the LPC are being implemented and that listing this species as threatened or endangered under the Endangered Species Act (ESA) will not produce any further management possibilities or actions and, therefore a listing is not warranted; and C. Promote and encourage voluntary participation throughout the energy industry in efforts to avoid, minimize, or offset the loss of high priority LPC habitats as a part of the planning process of future energy developments. 2. Scope of the MOU A. OIPA agrees: 1. To work with the Department to develop a workable set of voluntary best practices for use by OIPA's members in the development of their oil and gas resources in an effort to minimize the effect on the LPC and its habitat. 2. To assist its members with the implementation of voluntary best practices in connection with their development of oil and gas resources in an effort to minimize the effects of those operations on the LPC and its habitat. B. The Department agrees: 1. To work with OIPA to develop a workable set of voluntary best practices for use by OIPA's members in the development of oil and gas resources in an effort to minimize the effect on the LPC and its habitat; 2. To help develop a Candidate Conservation Agreement with Assurances or similar agreement that may be negotiated between OIPA and USFWS; 3. To identify target areas within the mixed-grass prairie, shinnery oak shrubland and/or sand sagebrush/bluestem shrubland landscapes for protection, restoration and enhancement efforts; C. Both parties agree: 1. This MOU constitutes the entire understanding of the parties with respect to the subject matter covered in this MOU. 2. This MOU is an MOU among the signatories and does not create or confer any right or benefit on any other person or party, private or public. Nothing in this MOU restricts the
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authority of any signatory to act as provided by law or regulation, or to restrict any agency from enforcing ay laws within its authority or jurisdiction. 3. Any written notices or communications between the parties will be made to the attention of: ODWC: Richard Hatcher Director Oklahoma Department of Wildlife Conservation P.O. Box 53465 Oklahoma City, Oklahoma 73152 Ph: 405-522-6279; Telecopy: 405-521-6505 OIPA: Angie Burckhalter V.P. of Regulatory Affairs Oklahoma Independent Petroleum Association 3555 N.W. 58th Street, Suite 400 Oklahoma City, Oklahoma 73112 Ph: 405-942-2334, x-221; Telecopy: 405-942-4636 4. All commitments arising from this MOU are subject to each signatorys budget priorities and the availability and limitations on the use of appropriated funds for such purposes. Nothing in this MOU obligates any of the signatories to expend appropriations or to enter into any contract, assistance agreement, or interagency agreement or arrangement, or to incur other financial obligations. 5. Nothing in this MOU is intended to create rights or obligations enforceable in a court of law. 6. Any signatory organization may withdraw from this MOU at any time. A party is encouraged to provide a 30-day advance written notice to the other signatories. 7. Changes to the scope of this MOU will be made by the issuance of a multilaterally signed modification. 8. This MOU may be signed in counterparts. ______________________________________ Richard Hatcher Director Oklahoma Department of Wildlife Conservation ______________________________________ Mike Terry President Oklahoma Independent Petroleum Association
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