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3 E. establishmem of a governance Structure that will ensure appropriate state government and stakeholder involvement in the completion of NEPA'com.p1iance tasks, in the implementation of research ,and other projects beneficial to the target species and their associated habitats, and in the development of a Program. ll. RELATIONSHIP OF THE COOPERATIVE AGREEMENT AND ANY PROGRAM TO NEBRA.SKA V. WYOMING, AND OnmR MA'rl"l!;KS A. The signatories to this Cooperative Agreemcm arc also parties to Nebraska v. Wyomin~, No. 108 Original, expected to go to trial during the term of the Cooperative Agreement. Bcan'5e certain matters in that proc-'i1Jg may overlap with issues addressed by the Cooperative Agrccmem and to be addressed by any Program. each signatory reserves the right to reconsider its participation in the Cooperative Agreement and in any proposed Program based upon the outcome of Nebraska v. Wyomill~. / whether by settlement or decision. Such reconsideration shall, without restriction, include the right to require modification of the respective obligations and undertakings proposed to be assumed by each of the signatories in the Program to equitably account . for the outcome of Nebraska v. Wyominr, and in the absence of an acceptable modffication, the ii.gJn to withdraw from the Cooperative Agreement or from any proposed Program. . B. .. _ In the event of such'~wal, or if.any signatory withdraws from this Cooperative Agreement for another ri:ason, or if the Cooperative ~mem ~imates and 'a Program is DOt adopted, FWS believes such a situation warrants reiniti~tion ofc' conSultation and will reinitiatc all ESA section 7(a)(2) consultations, referenced in Paragraph vm below, which relied upon the Cooperative Agreement and the pl'o~ Program as a component of tbeir leascmable and prudent altcmatives, and which are subject to reinitiation pursuant to SO C.P.R. I 402.16. C. Because it is the intent and the commitment of the signatories to this Cooperative Agreement to work cooperatively and in good faith to resolve resource issues relating to threatened and f'md~ngercd species habitats along the Central Platte River in Nebraska, the signatories make the following additional commitments for so long as all signatories remain signatories of this Cooperative Agreement. 1. The signatories agree that the pending trial in Nebraska v Wvomille does not presem the appropriate forum for establishing the specific water flow requirements for threatened and endangered species or their habitat in Nebraska. Those requirements are more appropriately defmed and addressed in this Cooperative Agreement and a Program, both of which the signatories enter into or may enter into voluntarily.' .