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<br />1. For any water related activity for which consultation on a federal action <br />pursuant to section 7(a)(2) of the ESA has been completed prior to the effective <br />date of this Cooperative :Agreement, and for which a federal action agency has <br />required a non-federal pany to implement reasonable and prudent alternatives by <br />engaging in certain measures designed to produce defined benefits to the target <br />species and/or their associated habitats pending development of aDd participation <br />in a basin-wide recovery implementation program, FWS agrees to seek to <br />extend such measures, as such measures currently exist, for the term of this <br />Cooperative Agreement. To the extent they contribute to the land acquisition <br />and restoration pUIp05eS of a Program,"payments made or measures undertaken <br />by or on behalf of such sigDatOries shall 'be credited at the inception of a <br />Program. FWS agrees to request the federal action agency to make provision <br />for the changed circumstances that will exist if a Program is implemented and to <br />iDclude the provisions of Paragraph n.B in the event a Program is DOt <br />implemented or terminates and provisions of Paragraph VDI.C in the event this <br />Cooperative Agreement term;nsates prematUrely. <br /> <br />2. For water related activities in existence as of the effective date of this <br />Cooperative Agreement, for which consultations Oil federal actions pursuant to <br />section 7(a)(2) of the ESA will be completed during the term of this Cooperative <br />Agrec:ment, FWS agrees that it will recommend that the federal action agency <br />engage in or require a DOn-federal party to engage in certain measures or make <br />certain payments desigDed to produce defined beDefits to the target species <br />8DdIor their associated habitats during the term of tbisCooperative Agreement, <br />based on the same formula for, tbcapplica:m's share of the Annnal streamflow <br />shortfall aDd Annnsal cost of riverine habitat required for those parties idf!nrified <br />in Paragraph VIn.A.1. . To the exteDt tbeycomribute to the land acquisition and <br />restoration purposes of a Program, paymentS made or :measures UDdenaken by <br />or on behalf of such non-feclera1 parteS shall be credited to the state in which the <br />water related activity is occurring at the inception of a Program. FWS.agrees to <br />request the federal action agency to make provision for the changed <br />circumstances that will exist if a Program is implemented and to iDclude the <br />provisions of Paragraph n.B in the event a Program is not implemented or <br />terminates and provisions of Paragraph VIn. C in the event this Cooperative <br />Agreement terminates prematurely. <br /> <br />3. For any new water related activity for which consultation on a federal <br />action pursuant to section 7(a)(2) of the ESA will be completed during the term <br />of this Cooperative Agreement, FWS agrees that it will recommend that the <br />federal action agency engage in or require a non-federal party to engage in <br />certain measures or make,'cenain payments designed to produce defined benefits <br />to the target species and/or their associated habitats during the term of this <br /> <br />6 <br />