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, <br />*h°m a °-°fl°^*°a ;„ n *+a^'um°^* ' The Finance Document (Attachment 1) <br />provides the cash and cash equivalent contributions of the signatories. <br />B. The Program exit strategy is found in the Finance Document (Attachment 1). <br />VI. CONFORMING FEDERAL FUNDING OR AUTHORIZATIONS <br />Any person or entity undertaking a water related activity that receives federal funding or a <br />federal authorization and which relies on the Program as a component of its ESA <br />compliance in Section 7 consultation must agree: (1) to the inclusion in its federal <br />funding or authorization documents of reopening authority, including reopening authority <br />to accommodate reinitiation upon the circumstances described in Paragraph IV.E; and (2) <br />to request appropriate amendments from the federal action agency as needed to conform <br />its funding or authorization to any Program adjustments negotiated among the three states <br />and DOI, including specifically new requirements, if any, at the end of the First Increment <br />and any subsequent Program increments. FWS believes that the Program should not <br />provide ESA compliance for any water related activity for which the funding or <br />authorization document does not conform to any Program adjustments. Notwithstanding <br />Paragraph II.IJ of the Program Agreement, the states shall not be restrained from taking a <br />position adverse to one another in administrative or judicial proceedings to compel the <br />action agency to include reopening authority in any such federal funding or authorization. <br />Nothing in this paragraph is intended to waive the right of any person or entity <br />undertaking a water related activity to withdraw its reliance on the Program pursuant to <br />Paragraph N.GH. <br />VII. CONSISTENCY OF DOCUMENTS <br />The Governance Committee shall have the authority to resolve any inconsistencies <br />between the Program Document and its attachments or referenced materials. The <br />Program Document shall control, unless the Governance Committee decides otherwise. <br />e°„o?te irrocrNovember 4-29 2005 Program Document 24 1