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<br />2. With the exception of Nebraska v. Wyomina, each state agrees that <br />during the term of this Cooperative Agreement, it sball noi, in any judicial or <br />:uimini!:trative proceeding: (1) assert a position adverse to either of the other <br />states on any issue relating to the target.species or the associated habitats, or (2) <br />assert a position adverse to a water related activity in either of the other states <br />on any issue relating to the target species or the associated habitats" if that water <br />related activity is covered by this CooperativeAgrcement, unless the other state <br />consents to that assertion. <br /> <br />m. RELATIONSHIP OF.ACTIVITIES.UNDER THE COOPERATIVE <br />AGREEMENT TO ANY SUBSEQUENT PROGRAM OR SECI'ION 7(8)(2) <br />CONSULTATION <br /> <br />AttI~hm~ m to this Cooperative Agreemeut is a Proposed Alternative for evaluation <br />UDder NEPA 8Dd ESA entided Proposed, Platte River Recovery ImpJ~tion <br />Program. <br /> <br />The sigDatOries III!icipate that the process to comPly' with NEPA 8Dd the programmatic <br />section 7, consultation process will take appro~multc1ythree years and have plllnnerl <br />specific activities defined in Atttehment I, wMi1estODes for the Cooperative <br />Agreement, W which are to take place during that period 8Dd which are exempt from or <br />do DOt require furtbcr NEP A review. The Proposed Alternative is designed and other <br />Program altematives should be desigDed to build upon these activities. If the tenD of <br />the Cooperadve Agreemeutis less than tbreC years ~ a Program is revieWed. and <br />agreed to in a shorter periOd of time, my UDcomplered activities plllmWt for tbc three- <br />year period will be impJPJDeDted if appropriate within the COItteXt'9,fthe agre&:d..to <br />Program. For pmposes of the NEPA b8rl~ evaluation,' the actiyitiesp1A1med to be <br />UDdert.aken during the term of the Cooperadve Agreement will be CODSidered part of the <br />Program alternatives evaluated. <br /> <br />If the Proposed Alternative or an. alternative Program is agreed to following NEP A and <br />ESA evaluation, the activities undertaken during the term of the Cooperative <br />Agreement will be credited to the appropriate, state or the . federal government as <br />contributioDS to the Program. Similarly, if no Program is adopted, coDSistent with <br />Paragraph vm'below, activities undertaken during the term of the Cooperative <br />Agreement will be credited to the appropriate entity for purposes of ESA evaluatioDS. <br /> <br />IV. RESEARCH AND RELATED ACTIVITIES <br /> <br />Research and analysis undertaken pursuant to this Cooperative Agreement will' be <br />designed to resolve issues or f1l1 knowledge gaps concemmg actioDS required to induce <br />measurable improv~ems to the recovery of the target species and their associated <br /> <br />4 <br />