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Development and Enhancement Plan for NPPD's Cottonwood Ranch <br />Property <br />1.0 Background <br />On July 29, 1998, the Federal Energy Regulatory Commission (FERC) issued a 40-year <br />= license for Nebraska Public Power District's (NPPD) Project 1835, North Platte/Keystone <br />- Diversion Dam. License Article 407 for Project 1835 states: <br />Within one year of the issuance date of this license, the Licensee shall, consistent with <br />Section N.A.4 of the Agreement in Principle dated June 30, 1997, provide for wildlife <br />habitat under the Program approximately 2,650 contiguous acres of land located in <br />an area on both sides of the Platte River between the J-2 Return and Elm Creek and <br />including in excess of two miles of river channel. _ <br />The Licensee shall develop in consultation with the U. S. Fish and Wildlife Service <br />("FWS "), the Nebraska Game and Parks Commission ("NGPC "), the Governance <br />Committee, and the licensee of Project 1417, a plan to develop and enhance the 2,650 <br />+ acre parcel of land for wildlife use. This plan shall be completed with the <br />concurrence of FWS and NGPC and filed for Commission approval within 12 months <br />of the issuance date of this license. The plan shall also provide for the development of <br />at least one least terrrlpiping plover habitat area. The Licensee shall begin <br />implementing the plan within six months of obtaining final approvals. <br />The Licensee shall spend up to $1,3 million (1997 dollars) (less any amounts <br />expended by the Program for development and enhancement measures) to implement <br />the development and enhancement measures of the approved plan; provided, however. <br />tliat nothing herein is intended to preclude the License from seeking reimbursement of <br />su-ch expended funds from the Governance Committee. <br />The Licensee shall not be responsible for maintaining these lands as long as the <br />Governance Committee under the Cooperative Agreement or under the Program <br />assumes responsibility for such maintenance. Should the Program fail to provide and <br />implement a maintenance program, the Licensee shall assume responsibility for <br />maintaining these lands and shall spend up to but not more than $1 S/acre (1997 <br />dollars) in cash or in-kind contributions for maintenance on a three year rolling <br />average basis, provided that the Licensee shall not in any year be required to spend <br />more than $201acre (1997 dollars) for maintenance. Within 90 days of the time that it <br />becomes clear that the Program is unwilling or unable to provide maintenance of <br />these lands, the Licensee shall prepare, in consultation with the FWS and NGPC, a <br />maintenance plan and file it for Commission approval. The Commission reserves the <br />right to make reasonable changes to the plan and to require periodic revisions, as <br />necessary by the Licensee.