Cottonwood Ranch: History, Settlement, AIP and Habitat

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a ? June 30, 1997 designees, and will be finalized with FWS and NGPC concurrence within one year af relicensing. The Districts will begin implernenting the pian within six months of obtaining final approvals. If possible, this plan will permit management of these Program Habitat Lands in conjunction with adjacent lands owned by environmental groups as a single complex. It is anticipated that the complex will include at least one tem and plover nesting habitat area. The Governance Committee will be responsible for developing and implementing plans to maintain these habitat areas, funded through the Cooperative Agreement's and the Program's land management funding mechanisms. While the Program remains in effect, the Districts shall not otherwise be responsible for enhancing or maintaining these Program Habitat Lands except to provide access to the entities designated by the Governance Committee to engage in such activities. Should a Program not be initiated or be terminated, the Districts agree to provide up to $1.3 million ($500lacre) less any funds expended by the Program to develop and enhance these lands. In such circumstances, the Districts would also provide, when required, up ? to $15/acre in cash or in kind for maintenance to be measured on a three- ' year rolIing average basis, except that the Districts will not be required ? to spend more than $20/acre in any one year. Maintenance obligations ? are not mandatory expenditures; the Districts will undertake maintenance ' oiily when and if required. d. These Habitat Lands witl be Program Habitat Lands, and will be counted toward the 10,000 acre habitat goal of increment one of the r Proposal, and/or toward any ultimate habitat acreage goal of the , Pragram. The value of this land shall be counted toward satisfying Nebraska's share of total Program costs. Nothing in this agreement would preclude reimbursement of the Districts by the Governance i Committee or its designee for dollars in excess of what is ultimately determined to be Nebraska's share. I 5. Additional Tern and Plover Nesting Habitat a. The parties agree that the activities described in this section adequately respond to recommendations on the record of the FERC proceeding that the Districts.should develop and maintain tern and plover nesting habitat sites. The parties agree that no other efforts to protect or create such habitat should be required of the Districts by FERC. / f 1 1 -8-