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during the term of the Cooperative Agreement shall be credited against the payments • <br />and measures set forth in Appendix A, Tabs 1B, 2B and 3B, to the extent they <br />contribute to the acquisition and restoration purposes of a Program. Payments made or <br />measures undertaken by or on behalf of such water related activities shall not be <br />credited against the payments and measures shown in Appendix B, "Contributions of <br />the Parties During the First Increment," or any. future contributions identified in <br />subsequent Program increments to mitigate the impacts of existing water related <br />activities. <br />C. For water related activities covered in Paragraphs IV.A and B above, FWS <br />agrees to encourage other agencies to rely upon the Program when considering agency <br />actions affecting the target species. <br />D. DOI and the states intend that the Program will function as a reasonable and <br />prudent alternative for so long as the Program is attaining its goals and milestones. <br />Regulatory certainty for the first increment of the Program will depend on timely <br />attainment of the first increment objectives described above as measured by the <br />achievement of specific milestones. <br />E. If the Program is not meeting its milestones during the first increment or its <br />objectives during subsequent increments, and FWS makes a preliminary determination <br />that the Program is not serving as a reasonable and prudent alternative, the basis for • <br />that determination shall be articulated to the Governance Committee. As required in <br />Appendix C. "Governance Agreement," the Governance Committee will work with <br />FWS to evaluate the situation and to develop an appropriate response, if necessary, to <br />restore the ability of the Program to serve as the reasonable and prudent alterative. If <br />the Governance Committee is unable to identify or implement appropriate measures, <br />pursuant to the Governance Agreement, FWS and the Governance Committee shall <br />refer the matter to the Secretary of the Interior and the three Governors ( "Oversight <br />Committee"). FWS agrees that it will not make a final determination that the Program <br />is not serving as the reasonable and prudent alternative until it meets with the Oversight <br />Committee. FWS agrees not to seek to reinitiate section 7 consultation on any of the <br />water related activities covered by the Program until such a final determination is made. <br />F. After the result in Nebraska v. Wyoming is final and agreement to continue the <br />Program has been reached, if: (1) this Program is subsequently terminated or expires, <br />or (2) activities under the Program are not adequately completed, FWS may reinitiate <br />ESA section 7(a)(2) consultations which relied upon the Program as a component of <br />their reasonable and prudent alternatives and which are subject to remitiation pursuant <br />to 50 C.F.R. § 402.16. Before taking such action, FWS will notify the Governance <br />Committee and request its assistance in resolving the situation. If the Governance <br />Committee is unable to resolve the situation, the Committee shall notify the Oversight <br />Committee and request its assistance. If such attempts at resolution are unsuccessful, • <br />and if FWS believes that such a situation would warrant reinitiation of section 7(a)(2) <br />14 <br />