The Programmatic Biological Opinion is subject to reporting to USFWS biannually (January 31 and July 31). A yearly audit allows FHWA and USFWS the opportunity to review projects to make assurances that correct determinations are being made.

The agreement can be revisited when it expires. Consultation with the USFWS was reinitiated in 2007 to include major projects, and Environmental Assessment (Finding of No Significant Impact) projects where less than 25 acres of Indiana bat habitat will be taken.

The goal of this agreement is to allow for construction year round. Kentucky is located in the core of the Indiana bat range. The summer maternity season and the most sensitive time period for reproducing bats to roost is considered by USFWS to be May 15^th to August 15^th. The two-tiered approach allows for a systematic approach for consistent determinations for projects that require removal of suitable Indiana bat habitat. If Indiana bat habitat is present, the value of habitat can be assessed using the Habitat Assessment Manual (HAM). If the habitat is determined to be marginal, project effects are determined to be discountable. The program has been designed to err on the side of caution, as more effort is required to determine that suitable Indiana bat habitat is not present. The determination that suitable habitat is present indicates the likely presence of the Indiana bat. Removal or alteration of this habitat would be permitted under the Programmatic BO’s Incidental Take Statement that includes monetary compensation to the Indiana Bat Conservation Fund. The amount of compensation is based on the median land cost ($2,200 per acre in 2007) and the Indiana bat presence factor (20 percent). The median land cost is reviewed yearly and revised when applicable. This allows a dollar amount to be determined on a “per acre” or “per tree” basis. In 2007, this breaks down into $440 per acre or $39.60 per tree removed.

Few limitations are present on the use of the agreement. The agreement can not be used for individual projects with greater than 25 acres Indiana bat impact. In fiscal year (FY) 2006, a total of 500 acres of “impact” can not be exceeded. Under the agreement, the cumulative total acres of “impact” increases by twenty percent per year (600 acres in FY 2007, 720 acres in FY 2008, 864 acres in FY2009 and 1,037 acres in FY 2010).

Prior to implementation, of the Programmatic BO, KYTC was limited to cutting trees between August 16^th and May 14^th. As a result, a large number of resources and time were needed to address Indiana bat issues on individual projects. The small window of time during which trees could be cut were resulting in increased costs and project scheduling delays.

Results of the Programmatic BO for KYTC have been evident within the first year of application. Prior to the Programmatic BO, KYTC was requiring up to 70 mist net surveys per year to help provide determinations in all suitable habitats (i.e. low quality and marginal quality habitat). However, after implementation of the Programmatic BO a significant reduction in the number of surveys were required by relying on KYTC staff to assess habitats and provide determinations of no effect and discountable. This reduction has additionally resulted in a decrease in costs and project schedule delays. Conservation efforts for the Indiana bat have also benefited by collection of funds for the Indiana bat Conservation Fund. The degree of flexibility in the agreement allows for USFWS to apply the funds collected to be applied where needed such as research, property purchases, or habitat restoration.

By implementing the Programmatic BO, KYTC now has a systematic process that allows for project planning and construction while the USFWS has addressed their concerns and responsibilities for species protection.