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? <br />? <br />? <br />r <br />? <br />0 <br />II. SCOPE OF THE SETTLEMENT <br />The Settlement represents an agreement among the parties on how FERC <br />should, in light of the signing of a Cooperative Agreement and the anticipation of a <br />Program, resolve each of the fish, wildlife and related issues which is on the record in <br />the relicensing proceeding, whether put forward under section 100) of the Federal <br />Power Act (FPA),' during the consultation process under section 7 of the ESA, or in <br />the comments of any participant in the relicensing proceedings. <br />The parties intend that the Settlement shall remain in effect for the duration of <br />? <br />? <br />? <br />the term of the new license period for the Projects unless the proceedings are reopened <br />in accordance with the terms of their agreement. The Proposed License Articles <br />attached reflect the assumption of most parties that FERC would issue 40-year licenses <br />in these proceedings. The Platte River Whooping Crane Critical Habitat Maintenance <br />Trust, American Rivers, the Sierra Club and the Nebraska Wildlife Federation reserve <br />the right to argue for a 30-year term. Some other parties believe a 50-year license <br />would be appropriate. <br />The parties have agreed that the Settlement offered here is a package. Any <br />material modification of its terms, approval of less than the entire agreement, or the <br />addition of any material terms to the agreement will make the agreement voidable at the <br />(...continued) <br />R. Amack (May 15, 1998) (Attachment F-2). <br />'-/ Federal Power Act § 10, as amended by the Electric Consumers Protection Act of <br />1986, § 3(c), 16 U.S.C. § 8030)(1994). <br />7