Cooperative Agreement for Platte River Research and Other Efforts Relating to Endangered Species Habitats

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• COOPERATIVE AGREEMENT FOR PLATTE RIVER RESEARCH AND OTHER EFFORTS RELATING TO ENDANGERED SPECIES HABITATS ALONG THE CENTRAL PLATTE RIVER, NEBRASKA ATTACHMENT III PROPOSED PLATTE RIVER RECOVERY IMPLEMENTATION PROGRAM In the Cooperative Agreement for Platte River Research and Other Efforts Relating to Endangered Species Habitats Along the Central Platte River, Nebraska ( "Cooperative Agreement ") among the Department of the Interior ( "DOI") and the States of Colorado, Nebraska and Wyoming, DOI and the three states propose that a basin -wide cooperative program be developed relating to four target species (interior least tern, whooping crane, piping plover and pallid sturgeon) listed as threatened or endangered pursuant to the Endangered Species Act ( "ESA "), 16 U.S.C. 1531 eta, and their associated habitats' In this document, DOI and the states set forth a Proposed Platte River Recovery Implementation Program ( "Program"). The Program builds upon the Cooperative Agreement and includes certain activities and contributions from the states and the federal government to be conducted • during incremental time periods as described below. The signatories proposing this Program are also parties to Nebraska v. WVOminQ, No. 108 Original, expected to go to trial during the term of the Cooperative Agreement. Certain matters in that proceeding may overlap with issues addressed by the Program, and it is possible that a final decision will not have been issued by the end of the term of the Cooperative Agreement. In such circumstances, the signatories may agree that the Program be implemented while the proceeding is pending, but each signatory reserves the right to reconsider its participation in the Program based upon the outcome of Nebraska v. Wyoming, whether by settlement or decision. Such reconsideration shall, without restriction, include the 1 For purposes of this Program document and its appendices, the term "associated habitats" means, with respect to the interior least tern, whooping crane, and piping plover, the Platte River Valley beginning at the junction of U.S. Highway 283 and Interstate 80 near Lexington, Nebraska, and extending eastward to Chapman, Nebraska, including designated critical habitat for the whooping crane. With respect to the pallid sturgeon, the term "associated habitat" means the Lower Platte River between its confluence with the Elkhorn River and its confluence with the Missouri River. "Associated habitats" shall include critical habitat in the Platte River Basin which may be subsequently designated by the U.S. Fish and Wildlife Service for the target species. The Governance Committee may, through the adaptive management process, agree to undertake, fund or give credit for activities outside the • associated habitats with the intent to focus activities to create the greatest biological benefit to the target species.