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, '. e . e e 001505 ilL l'lATIE RIVER BASIN HABITAT. REQUlREME.NTS AND FLOW RECOMMENDATIONS Execution of wis MOA shall not be interpreted as concurrence by the States with previously Stated terrestrial requirements Or the central Platte River flow recommendations prepared by the FISh and Wildlife Service (Service). The signatories acknowledge that an early and. ongoing function of Program development is unanimous concurrence on habitat and flow objectives that are both realistically attainable and sufficient in order for we Program 10 serve as the reasonable and prudent alternative for zection 7 consultations. I( the Service decides iliat any increase in such' terrestrial . require~nts or now recommendations is needed while the MOA is in effect, it shall discuss such increases with the signatories to this. MOA, make public the scienlific bases for any such increaseS, 'proVide in" opPOrtunity for comment, and give such comments due considl;l"ation before final.action. If any of the signatories determines that concurrence cannot be achieved on such incre8ses. it may terminate this MOA NOlhing in this Memorandum of Agreement. shall in any way diminish or othenvise affect the ability of the signatories t~ advocate their respeclive positions in the .relicensing of Kingsley Dam and related facilities:. IV. EFFECI" ON EXISTING WATER PROJECTS SUBJECI" TO CONSULTATION DURING TIIE TERM OF TIllS MOA Severalc:xisting basin water projects 'are now or win be subject to consultation under section 1 of we Act during we term of this MOA With the consent of an affected project operator. the FISh and Wildlife Service will consider this MOA and progress made in Program development ~ ilie principle basis for reasonable and prudent alternatives in any biological opinion concerning such pro jeer during the term of this MOA The Service shall pIovide signatories to this MOA with copies of aU drafr (if the federal action agency does not obj~t), and final biological opinions issued in the Platte River Basin while this MOA is in effect For all existing proj~lS lOI whiCh section 7 consultation occurs during tbe term of this MOA, the Service will evaluate and ueat such projects in a similar manner except 10 the cxtenl the Service determines such Ireatment to be inconsistent with Seetion 7 of the .Act and explains such inconsistency to the project operator and the signatories to this MOA. If any of.the- signatories conclude that the Service is not trealing all such projects in a similar manner (lOd has not adequately justified such differential treatment, it may terminate this MOA. After the Program has been developed and agreed to by aU the signatories, the Service will view the implementation of the Program as "new information" that ......ould serve as the basis for reinitiation of consultation on such projects. ' . V. CONSISTENCY WIlli APPUCABLE LAW . l , This MOA is subject to all applicable Federal and State law and nothing herein shall be construed to alter, amend, or affect existing law.