[§195D-23]  Incentives.  (a) 
After approval of a habitat conservation plan or safe harbor agreement, or
issuance of an incidental take license pursuant to this chapter, no agencies or
departments of the State, in order to protect a threatened or endangered
species, may impose any new requirements or conditions on, or modify any
existing requirements or conditions applicable to, a landowner or successor to
the landowner, to mitigate or compensate for changes in the conditions or
circumstances of any species or ecosystem, natural community, or habitat
covered by the plan, agreement, or license unless:



(1)  The landowner, or the landowner's successor,
expressly consents to the requirement, condition, or modification;



(2)  The board has found, in accordance with those
special procedures agreed to by the board and the landowner, or in the absence
of any special procedures, in accordance with those procedures that govern the
findings generally, that:



(A)  The requirement, condition, or
modification does not impose any additional restriction on any parcel of land
or body of water available for use or development under the plan or agreement;
and



(B)  The requirement, condition, or
modification will not increase the cost to the landowner or other parties to
the plan or agreement of implementing the plan or agreement;



(3)  The department is prepared to exercise its
authority to:



(A)  Pay the landowner for the costs of any new
requirement or condition or any modification of any existing requirement or
condition, which costs may be determined through binding arbitration; and



(B)  Take any other action to ensure that any
party to the plan or agreement is not, without the party's consent, unduly
burdened by the requirement, condition, or modification, in which case the department
shall implement that necessary requirement, condition, or modification upon
committing to pay the costs, mitigate the actions, or undertake the action;



(4)  The board has revoked the approval of the plan or
rescinded the agreement in accordance with section 195D-21(d) or 195D-22(c); or



(5)  Extraordinary new circumstances or information
indicate that failure to modify the plan or agreement is likely to appreciably
reduce the likelihood of the survival or recovery of any threatened or
endangered species in its natural habitat.  If additional mitigation measures
are subsequently deemed necessary to provide for the conservation of a species
that was otherwise adequately covered under the terms of a habitat conservation
plan, safe harbor agreement, or incidental take license as a result of
extraordinary circumstances, the primary obligation for executing mitigation
measures shall rest with the State, or the federal government with its consent,
and not with the landowner.



(b)  Entry by a landowner into a habitat
conservation plan or safe harbor agreement shall be voluntary.



(c)  The department may establish a landowner
contact and recognition program that:



(1)  Contacts landowners who may have threatened or
endangered species or their habitat on their land and that sends information on
the species or habitat in question.  If the landowner is willing, a nonbinding
memorandum of understanding may be signed, which states a general intention to
protect the species or habitat found on the land;



(2)  If available, provides participating landowners
with a current supply of information on the conservation of species and habitat
found on their land;



(3)  On an annual basis, recognizes one or more
private landowners who have demonstrated, through past and current efforts,
sound conservation practices and principles on their land; and



(4)  On an annual basis, awards a private landowner
participating in a habitat conservation plan an "Outstanding Participant
of the Year" award.



(d)  The department may establish a habitat
conservation technical assistance program to assist landowners in developing
habitat conservation plans by providing technical assistance.



(e)  Persons participating within voluntary
programs under this chapter may receive consideration from the board to use
adjacent public lands for commercial nature tourism activities that increase
public education and support for endangered species; provided that an agreed
percentage of the fees charged for nature tourism activities shall be donated
to the trust fund to implement this chapter.



(f)  The execution of habitat conservation
plans and safe harbor agreements under sections 195D-21 and 195D-22,
respectively, shall, for the purposes of providing incentives and assistance to
landowners, be deemed to be a public purpose and in the public interest, and
for the general welfare of the State. [L 1997, c 380, pt of §2]