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<br />the term of this Cooperative Agreement, FWS agrees to encourage agencies to <br />rely on measures taken pursuant' to this Cooperative Agreement without waiting <br />for completion of the Program's NEPA and ESA evaluation when considering <br />agency actions affecting the target species. <br /> <br />6. Nothing in this Cooperative Agreement shall be construed to require any <br />person or entity undertaking or proposing to undertake any water related activity <br />to rely on the provisions of this Cooperative Agreement or to rely on any <br />Program subsequently implemented. Reliance on tbis Cooperative Agreement <br />or any subsequent Program shall. be .voluntary.. In the event such person or <br />entity chooses not to so rely, FWS will not consider this Cooperative Agreement <br />or any Program subsequently implemented as providing, a reasonable and <br />prudent alternative for such water related activity. In the event such person or <br />entity chooses to revoke its reliance on this Cooperative Agreement, FWS will <br />reinitiate any ESA section 7(a)(2) consultation which relied upon one of the <br />reasonable and p11Jdent alternatives described in Paragraph VIn.A and issue a <br />new biological opinion. <br /> <br />B. In coordination with NEPA comp1im:::e as provided for by this Cooperative <br />~ FWS will evaluate whetber the activities under.the Proposed Altemative <br />aDd, if different, UDder tbeprefcrred altcmative, can scrve'as a reasonable and prudent <br />altemative under section 7(b)(3) of the ESA for water related activities in the Platte <br />River Basin. In the CVCDt FWS determhJes that the Proposed Alternative cannot serve <br />as the reasonable and prudent alternative aDd the signatories cannot reach an agrecmeut <br />on modifyiDg tile Proposed Alternative so it can so serve, the signatories are not bound <br />to enter info an apeemmtt to impJf!IDeItt a Program. <br /> <br />C. In tile event that activities UDder the Cooperative Agr=meut are not adequately <br />completed, FWS may reinitiflte all ESA Section 7(a)(2) CODSUltations wbich relied upon <br />tile reasonable and prudent alternatives described in ParagraphVIn.A. Before taking <br />such action or reinitiating consultations as descn"bed in Paragraph n, FWS will notify <br />the Governance Committee and request its assistince in resolving the situation. If the <br />GoVernaDCC'CoJDJDittee is unable to resolve the situation, theCommiuee shall notify the <br />Secretary of the Interior and the Governors and request their ass~. If such <br />attempts at resolution are unsuccessful, FWS believes such a situation warrants <br />reinitiation and will reinitiate all such ESA section 7(a)(2) consultations and issue new <br />. biological opinions. ' <br /> <br />D. Any time that FWS reinitiates section 7(a)(2) consultation, it will issue a new <br />biological opinion based on then-cum:nt conditions. FWS believes that the new <br />biological opinion and any subsequent amendment, restatement, or modification of a <br />federal action based on the new biological opinion would constitute a new federal action <br /> <br />8 <br />