Cottonwood Ranch: History, Settlement, AIP and Habitat

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TO: John Lawson, Mike Purcell, Mark Butler, Ted Kowalski, Ann Bleed, Don Kraus, and Dale Strickland FROM: Brian Barels Subject: Cottonwood Ranch Nebraska Public Power District (NPPD) was asked to put together and distribute a fact-sheet outlining past and future commitments related to our Cottonwood Ranch property and the Platte River Recovery and Implementation Program (Program). NPPD's Cottonwood Ranch Property has been part of the proposed Program since 1997. The agreements call for the CA and the Program to be responsible for the habitat development and maintenance at Cottonwood Ranch with NPPD being responsible for implementing and carrying out habitat development and maintenance until a Program is in place. Histo • Agreement in Principle - June 30, 1997. This is an agreement between the Districts and DOI provides that the development and enhancement would be through the Cooperative Agreement and Program but the Districts would jumpstart the enhancement with full reimbursement by the Program (See Attachment A). • dffer of Settlement - May 15, 1998. This is an agreement between the FERC Relicensing parties signed by DOI, environmental groups, the states of Colorado and Wyoming and endorsed by the State of Nebraska that incorporated the Agreement in Principle by reference (See Attachment B). • NPPD FERC License - July 29, 1998. Incorporated the offer of Settlement and Agreement in Principle commitments of the Districts making NPPD responsible for the "jump start" of the habitat enhancement; required a Habitat Enhancement Plan be developed in consultation with DOI, NGPC, Central and the Governance Committee (GC); and required that Plan to be filed with FERC within one year of license issuance. • NPPD files Cottonwood Ranch Enhancement Plan with FERC - July 29, 1999. From 2000 - 2006 NPPD developed phases 1-3 and part of phases 4 and 5 of the 6-phase plan (See Attachment C and D). NPPD has invested roughly $800,000 in the enhancement measrues to date. • The State of Nebraska was credited $ 5,300,000 for NPPD's Cottonwood Ranch Property in the Cooperative Agreement (CA) and the CA notes the property counts 2,650 acres towards the first increment goal of 10,000 acres. • The PRRIP credits Nebraska $8.5 million for NPPD is Cottonwood Ranch Property. The $8.5 million is based on the equivalent value of doltars planned for the acquisition of 2,650 acres. The Cottonwood Ranch Property is addressed in Section 1.B.4 of the Program Finance document and Section of the Land Plan. In addition $1.3 million is included in the Program costs for habitat enhancement cost reimbursement to NPPD and the GC has included $75,000 iri the 2007 budget for maintenance activities at Cottonwood Ranch. • With the January 1, 2007 implementation of the Program NPPD is now presenting the information necessary for the GC to (1) reimburse NPPD for the enhancement costs .to date (2) make decisions regarding the future enhancement and (3) provide for maintenance of the Cottonwood Ranch Property. • NPPD understands that federal legislation is still needed to provide Program authorization and the ability to use federal (USBR) Program dollars for enhancement reimbursement to NPPD and maintenance for the Cottonwood Ranch Property may be limited. However, USFWS, funds and/or Colorado and Wyoming Program contributions could be utilized for these purposes.