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REVISED DRAFT <br />November 15, 2002 <br />decides to recommend that the Department of the Interior and three states enter <br />into an agreement for a second increment, the Governance Committee will <br />develop proposed program documents. <br />3. Decision to Enter Into a Second Increment. Any decision to enter into a <br />second increment will be made by the signatories prior to the expiration of the <br />First Increment. <br />IV. REGULATORY CERTAINTY <br />DOI and the states intend that this Program provide regulatory certainty under the ESA <br />for existing water related activities and for certain new water related activities subject to <br />review under the ESA. Implementation of the First Increment milestone activities <br />provides ESA compliance for the term of the First Increment, and the signatories <br />anticipate that any future Program increments agreed to will provide regulatory certainty <br />during those increments. Although the Program activities generally focus on the <br />geographic area defined as "associated habitats," such activities provide ESA compliance <br />for impacts of "water related activities" (as defined in footnote 3) to the target species and <br />their habitats within the entire Platte River Basin downstream from the confluence of the <br />North and South Platte Rivers. Regulatory certainty is provided by the following <br />mechanisms: <br />A. Existing Water Related Activities. FWS intends that the Program shall provide ESA <br />compliance during its term for water related activities existing as of July 1, 1997. Certain <br />existing water related activities underwent Section 7 consultation prior to the effective <br />date of this Program (covered by the July 1997 Cooperative Agreement Paragraphs <br />VIII.A.1, 2 and 4). Payments made or measures undertaken by or on behalf of the <br />existing water related activities have been credited against the payments and measures set <br />forth in the Finance Document (Attachment __) to the extent they contribute to the land <br />acquisition and restoration purposes of the Program. [Note: the schedule for finalizing <br />the crediting, fair share and exit strategy components of the Program will be <br />addressed during the December, 2002 meetings.] <br />B. New Water - Related Activities. FWS intends that the Program shall provide ESA <br />compliance during its term for new water related activities through the Future Depletions <br />Plans of each state and the federal government as described in this Program. Certain <br />r'1 <br />21 <br />