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Box 11: FWS and federal action agency develop RPA for any depletions not covered <br />by the NDP and for other ESA issues concerning the NWRA. <br />If there are depletion issues not covered by the Nebraska Depletion Plan, those will be <br />addressed separately by the FWS and the federal action agency. The same is true <br />concerning ESA issues related to the proposed activity but not involving water <br />depletions. When any issues addressed at this stage have been resolved, go to Box 12. <br />Box 12: Recovery Agreement executed, if applicable. <br />In some cases, recovery agreements may need to be signed by the project proponent and <br />perhaps by the State of Nebraska andior any other party that is responsible for any <br />portion of the reasonable and prudent alternative related to the project. If such a recovery <br />agreement is not needed, go to Box 13 and, when applicable, Box 14. If such a recovery <br />is needed, go to Box 13 and, when applicable, Box 14 when that agreement has been <br />executed. <br />Box 13: Proponent mitigates if and as required or decides not to proceed. <br />Obviously, the proponent of the new water related may decide not to proceed. If the <br />decision is to proceed, any mitigation required of the proponent as a result of actions <br />taken under Box 10 or under Boxes 8, 9, and 11 will be provided in the amounts and at <br />the times and locations required. <br />Box 14: To the extent applicable under NE Depletion Plan, mitigation by other than <br />the proponent is provided if proponent proceeds. <br />Under the Nebraska depletion plan, the state is responsible for offsetting depletions to <br />FWS target flows that are not otherwise offset by the project proponent or some other <br />party on behalf of the project proponent. The state alone is also responsible for depletion <br />offsets for some new water related activities (see Box 7). Depending upon how offsets <br />are to be actually developed and implemented, other parties, such as NRDs who plan to <br />own and operate offset projects, might also be responsible for some or all of the depletion <br />mitigation required for a given new water related activity. <br />3