Laserfiche WebLink
• C. NEPA Compliance. No Program will be implemented prior to DOI <br />completing, in compliance with NEPA, rigorous environmental evaluation of this <br />proposed Program along with a range of reasonable alternatives which achieve Program <br />objectives. <br />D. Legislative Approval. Certain funding commitments made in this proposed <br />Program are subject to approval and appropriations by the appropriate state and federal <br />legislative bodies. <br />E. No Delegation or Abrogation. Although this document sets forth a cooperative <br />process, all signatories to this Program recognize that they each have statutory <br />responsibilities that cannot be delegated, and that this Program does not and is not <br />intended to abrogate any of their statutory responsibilities. <br />F. Co nsistency with pnlicable Law. This Program is subject to and is intended <br />to be consistent with all applicable federal and state laws and interstate compacts and <br />decrees. <br />G. Effect on Litigation. With the exception of the pending trial in Nebraska v. <br />Wyoming, each state agrees that during the term of the Program, it shall not, in any <br />judicial or administrative proceeding: (1) assert a position adverse to either of the other <br />• states on any issue relating to the target species or the associated habitats; or (2) assert a <br />position adverse to a water related activity in either of the other states on any issue <br />relating to the target species or the associated habitats if that water related activity is <br />covered by the Program, unless the other State consents to that assertion. <br />H. Conforming Federal_ Funding or Ai dhorizations. Any person or entity <br />undertaking a water related activity which accepts federal funding or a federal <br />authorization and which relies on the Program as a component of its reasonable and <br />prudent alternative in section 7 consultation must agree: (1) to the inclusion in its <br />federal funding or authorization documents of reopening authority, including reopening <br />authority to accommodate reinitiation upon the circumstances described in Paragraph <br />IV.F; and (2) to request appropriate amendments from the federal action agency as <br />needed to conform its funding or authorization to any Program adjustments negotiated <br />among the three states and DOI, including specifically new requirements, if any, at the <br />end of the first increment and any subsequent Program increments. FWS believes that <br />the Program should not serve as the reasonable and prudent alternative for any water <br />related activity for which the funding or authorization document does not conform to <br />any Program adjustments. Notwithstanding Paragraph VI.G above, the states shall not <br />be restrained from taking a position adverse to one another in administrative or judicial <br />proceedings to compel the action agency to include reopening authority in any such <br />federal funding or authorization. Nothing in this paragraph in intended to waive the <br />right of any person or entity undertaking a water related activity to withdraw from the <br />• Program pursuant to Paragraph N.H. <br />17 <br />