On Thursday, February 29, 2024, the Georgia Department of Transportation (Georgia DOT) and the Georgia Department of Natural Resources (GDNR) signed a historic Bat Conservation Funding Programmatic Agreement that will transfer conservation funding from Georgia DOT to GDNR for the purpose of land acquisition and management to maximize bat conservation and reduce associated impacts to transportation project timelines.  

Under the Bat Conservation Funding Programmatic Agreement, GDNR will manage deposits made by Georgia DOT into the conservation fund to purchase high priority conservation lands identified through the State Wildlife Action Plan (SWAP). Property acquisitions would target high quality habitat and promote habitat connectivity to other state and federally managed lands to maximize conservation benefit. All money deposited to the fund will stay in the state of Georgia and be utilized for the conservation of listed species with no overhead costs. The conservation payments, which are based on USDA Farm Real Estate value, are currently about $4,350 per acre in Georgia and are expected to account for approximately $4 million per year being paid into the fund. The agreement allows for work to be conducted year-round with no seasonal restrictions and Georgia DOT's conservation payments mitigate potential impacts of tree clearing. Prior to the agreement, the option to bypass seasonal restrictions was not available.

"This historic agreement with the GDNR allows Georgia DOT to aid in the conservation of critical bat habitats while also continuing our mission to deliver a safe and efficient transportation network for the state's citizens," said Georgia DOT Commissioner Russell R. McMurry, P.E. "It is a demonstration of what can be accomplished when state agencies work together to deliver better outcomes while accomplishing the greater good."

"GDNR has identified conservation measures that will help GDOT move ahead on transportation projects without facing additional bureaucratic hurdles," said GDNR Commissioner Walter Rabon in remarks at the event. "If a habitat must be displaced along a highway, we will permanently protect a high-quality habitat to offset that loss."

The Bat Conservation Funding Programmatic Agreement will work in conjunction with a Programmatic Consultation Agreement developed in partnership with Georgia DOT, U.S. Fish & Wildlife Service (USFWS), the Federal Highway Administration (FHWA), the Georgia Department of Natural Resources (GDNR), and the US Army Corps of Engineers (USACE) to streamline Section 7 consultation for transportation projects under the Endangered Species Act (ESA). The two agreements together form a first of its kind approach for compliance with the ESA for endangered bats. These agreements will work to ensure the predictable completion of ESA consultation for bats and lend predictability to the timeline of completing environmental documentation on transportation projects.

“The Programmatic Agreement establishes standardized procedures and criteria for evaluating proposed actions that may affect these threatened bats, ensuring compliance with relevant environmental regulations while expediting the permitting process,” said Col. Ron Sturgeon, U.S. Army Corps of Engineers, Savannah District, commander. “The timing was perfect between our agreement to implement faster, more bat-friendly permitting and the state of Georgia’s agreement to implement more bat conservation. We’re happy to have this opportunity to do our part in bat conservation and partner with the Georgia Department of Transportation, the U.S. Fish and Wildlife Service, and the Georgia Department of Natural Resources.”

Currently in Georgia there are three species of bats listed on the endangered species list by the USFWS, with a fourth species proposed to be added. As part of every project, the Georgia DOT must ensure all practicable efforts have been taken to avoid and minimize impacts to protected species under Section 7 of the Endangered Species Act. With the impending addition of the fourth bat species to the endangered species list, endangered bats would now exist in all 159 counties in the state compared to 30 counties with the initial three species. This has the potential to cause significant delays in transportation projects due to an increase in demand for consultation under Section 7.

The programmatic consultation combined with the conservation funding agreement ensures the streamlining of consultation and project timelines, while also allowing for the inclusion of any bats that are listed at a future date with only minor revisions. This agreement is the first of its kind in the nation and will serve as a model for other states.