A Habitat conservation plan (HCP) is a plan prepared under the Endangered Species Act (ESA) by nonfederal parties wishing to obtain permits for incidental taking of threatened and endangered species.
In 1982, Congress amended the ESA to enhance the permitting provisions of the act in Section 10 and intended, in part, to provide landowners with incentives to participate in endangered species conservation.[1] A landowner prepares a "Habitat Conservation Plan" that meets statutory criteria and can then obtain the "incidental take permits" that allow otherwise prohibited impacts to endangered, threatened and other species covered in the permitting documents. Each conservation plan must specify: the impacts to species that will occur; the steps taken to minimize and mitigate the incidental take; the funding available; alternative actions that were considered, but not taken; and other necessary and appropriate measures.[2] After review of a proposed conservation plan, US Fish and Wildlife Service or the National Marine Fisheries Service (the two federal agencies authorized by the ESA to carry out the law) may issue an incidental take permit upon making the statutorily required "findings," including a determination that the incidental taking "will not appreciably reduce the likelihood of the survival and recovery of the species in the wild.".[3]
The Endangered Species Act also empowers FWS or NMFS to include "terms and conditions" in the incidental take permits as necessary or appropriate.[4] Among those terms and conditions are "no surprises assurances," issued in accordance with Federal regulations.[5] These regulations allow for assurances to be given to private landowners that if "unforeseen circumstances" arise, the federal agencies will not require the commitment of land, water or financial compensation or additional restrictions on the use of land, water, or other natural resources beyond the levels otherwise agreed to in the conservation plan, without the consent of the permittee.