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REVISED DRAFT <br />November 15, 2002 <br />Committee Issues: fair share, and crediting against fair share. Policy decisions are <br />needed before this section can be revised. A schedule for resolving crediting and <br />fair share issues will be decided on during December, 2002 meetings.] <br />VI. CONFORMING FEDERAL FUNDING OR AUTHORIZATIONS <br />Any person or entity undertaking a water related activity that receives federal funding or <br />a federal authorization and which relies on the Program as a component of its ESA <br />compliance in section 7 consultation must agree: (1) to the inclusion in its federal funding <br />or authorization documents of reopening authority, including reopening authority to <br />accommodate reinitiation upon the circumstances described in Paragraph IV.F; and (2) to <br />request appropriate amendments from the federal action agency as needed to conform its <br />funding or authorization to any Program adjustments negotiated among the three states <br />and DOI, including specifically new requirements, if any, at the end of the First <br />Increment and any subsequent Program increments. FWS believes that the Program <br />should not provide ESA compliance for any water related activity for which the funding <br />or authorization document does not conform to any Program adjustments. <br />Notwithstanding Paragraph II.J of the Program Agreement, the states shall not be <br />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 is intended to waive the right <br />of any person or entity undertaking a water related activity to withdraw its reliance on the <br />Program pursuant to Paragraph W.H. <br />VII. CONSISTENCY OF DOCUMENTS <br />The Governance Committee shall have the authority to resolve any inconsistencies <br />between the Program Document and its attachments or referenced materials. In general, <br />however, the Program document shall control, unless the Governance Committee decides <br />otherwise. <br />25 <br />