1. Direct and Indirect Effects Analysis: Use the best available demographic, population, and habitat association data to analyze impacts to golden eagles or their habitat, then include the following within the analysis area determined for the action/authorization: 

• The potential direct and indirect impacts to individual birds and their habitat (e.g., direct mortality, destruction of eggs, nests, individual breeding territories, communal roosts, migration corridors, fragmentation of habitat, reduction in habitat patch size, disturbance from human presence, noise, commotion, etc).
• The potential direct and indirect impacts, if any, to the local or regional eagle population and their habitat.
• The potential short-term and long-term effects of the project on golden eagle populations and their habitat. 

2.      Cumulative Effects Analysis: An analysis of cumulative effects for golden eagles should be conducted if the NEPA analysis indicates that the project would cause direct or indirect impacts to the golden eagle. Complete the cumulative effects analysis using appropriate geographic and temporal boundaries and best available information. Normally this would be at a broad scale.  The analysis will not be speculative, and the appropriate scale of analysis will be determined on a project-specific basis, and may deviate from what the FWS has recommended in interim guidance if substantiated with a rationale documented in the project’s administrative record.  

3.      Best Management Practices: Best Management Practices that avoid or minimize the possibility of the unintentional take of eagles are expected to be developed by agencies, industries, or companies with the FWS in coordination with the BLM, and will be applied to projects where appropriate as a condition of the right-of-way grant until Advanced Conservation Practices (ACPs) are developed and implemented. 

4.      Avian Protection Plans: If the proposed project has the potential to impact golden eagles or their habitat, an Avian Protection Plan (APP) will be required by the BLM as a condition of the right-of-way grant. The APP will be developed by the applicant, in coordination with the FWS and the BLM, to evaluate options to avoid and minimize the project impacts. The APP must address siting, operations, and monitoring. 

APPs that include conservation measures for bats (Avian and Bat Protection Plan (ABPP) may be developed for wind projects at the discretion of the applicant. 

5.      Interagency Coordination: Coordination with the FWS should occur early and throughout the project planning process regarding golden eagles and their habitat. All projects must document and include as part of the administrative record any and all written correspondence from the FWS indicating whether or not the project, as proposed, is or is not likely to take golden eagles.  Correspondence must also address whether or not the FWS considers the development of an APP an option for the project as proposed, or if an alternative project proposal should be considered.  This coordination must be completed as early in the process as possible and incorporated into the NEPA document for the project.  If FWS considers an APP to be an option for the project, a letter of concurrence must be sought and received from the FWS that addresses the adequacy of the APP. The letter of concurrence should be included in the administrative record. It is anticipated that assessment of operational impacts would be ongoing and additional mitigation may be required post construction (refer to the Bald and Golden Eagle Protection Act Compliance Stipulation below).  

6.      Record of Decision, Decision Record, and Notice to Proceed: If in correspondence the FWS indicates that an APP is not sufficient to avoid or minimize likely take resulting from the proposed project (i.e., an APP is not an option), the BLM authorized officer will not issue a Record of Decision or Decision Record approving the project. If the applicant wishes to proceed, the applicant must then identify an alternative project design to reduce the likely take to a level that is compatible with the preservation of eagles, and receive FWS concurrence for the revised APP. If, after coordination with the FWS, an APP is deemed appropriate and needed to sufficiently avoid and minimize take by the proposed project, the BLM authorized officer may issue a Record of Decision or Decision Record approving the project; however, the BLM authorized officer will not issue a Notice to Proceed until the FWS letter of concurrence for the APP is received for the project.

Bald and Golden Eagle Protection Act Compliance Stipulation

Bald and/or golden eagles may now or hereafter be found to utilize the project area. The BLM will not issue a notice to proceed for any project that is likely to result in take of bald eagles and/or golden eagles until the applicant completes its obligation under applicable requirements of the Eagle Act, including completion of any required procedure for coordination with the FWS or any required permit. The BLM hereby notifies the applicant that compliance with the Eagle Act is a dynamic and adaptable process which may require the applicant to conduct further analysis and mitigation following assessment of operational impacts.   

Any additional analysis or mitigation required to comply with the Eagle Act will be developed with the FWS and coordinated with the BLM.