Duke Energy is further obligated to expend up to $600,000 annually on development and implementation of a migratory bird compliance plan in connection with those permits. Although Duke Energy acknowledged in the settlement that golden eagles were among the birds killed, it was not required to also plead to violations of the Eagle Act, under which the US could have imposed additional civil or criminal penalties. The factual recitations accompanying the settlement agreement include Duke Energy's knowledge of the presence and potential hazard to golden eagles prior to commencement of operation, but also include extensive recitations regarding Duke Energy's efforts to avoid and mitigate for any takings of migratory birds.