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C. Under Section 2 (c) (2) of the Endangered Species Act (ESA), "the policy of Congress is <br />that Federal agencies shall cooperate with State and local agencies to resolve water resource <br />issues in concert with conservation of endangered species." The ESA does not infer any <br />additional statutory authority on Federal agencies, but rather directs them to exercise existing <br />authorities to conserve listed species. In addition the National Environmental Policy Act of <br />1969 encourages cooperation of different levels of government in protecting and improving the <br />environment. <br />D. The Parties anticipate that many of the projects that control selenium loading associated <br />with irrigation will be accomplished in cooperation with the Colorado River Basin Salinity <br />Control Program (CRBSCP), the MRCS Environmental Quality Incentives Program (EQIP), and <br />other water quality programs. <br />Now therefore, in recognition of the following mutual consideration, the Parties hereby agree as <br />follows: <br />1. All provisions of this MOU are subject to the applicable authority of each Party, the <br />annual appropriation of funds, and each Party's respective direction to its staff as that may <br />change from time to time. <br />2. The Parties agree to cooperate in the development of a Selenium Management Program <br />Formulation Plan ( "Formulation Plan") which will further define the cooperative SMP. A <br />workgroup appointed by the Parties will develop the Fonnulation Plan in order to document <br />SMP alternative projects and define potential funding and other resources necessary to <br />implement the SMP. Funding alternatives may include commitments by the Parties. The <br />Formulation Plan will: <br />a. Assist the Parties in the identification of specific cost effective selenium reduction <br />measures and high priority implementation locations. <br />b. Assist the Parties in the development of implementation schedules, benchmarks, <br />cooperating entities, monitoring needs, including coordination with Recovery <br />Program activities. <br />In furtherance of the development of the SMP and Formulation Plan, the Parties further <br />agree: <br />a. To actively participate in public outreach activities in their area of expertise or <br />authority (including, but not limited to, the explanation of related federal and private <br />actions covered by the PBO, the benefits of selenium control, potential solutions to <br />selenium loading, and related information). <br />b. Provide personnel and contribute funding on a voluntary basis toward the <br />development of the Formulation Plan. <br />