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REVISED DRAFT <br />April 10, 2002 <br />A. Applicability. This Program Agreement addresses ESA compliance only for <br />water related activities and new water related activities occurring in the Platte <br />River Basin upstream of the confluence of the Loup River with the Platte River. <br />B. Period to Execute the Agreement. The signatories to the agreement intend that <br />this agreement goes into effect if all other signatories have executed the agreement <br />within months of its execution by the Secretary of the Interior. <br />C. Date of Execution. The date of execution shall be the date of execution by the <br />final signatory. <br />D. Term. This Program Agreement shall remain in effect for the term of the First <br />Increment as defined in the Program document unless terminated earlier pursuant <br />to section F. below. <br />E. Amendment. This Program Agreement may be extended or amended by the <br />signatories as described in the Program. <br />F. Withdrawal of a Signatory and Termination. Only the Secretary of the <br />• Interior, after a meeting with the three Governors, can determine that DOI will <br />withdraw from the Program. Only a Governor of a state can determine, after a <br />meeting with the Secretary of the Interior and the Governors of the other two <br />states, that his or her state will withdraw from the Program. In the event that a <br />Governor determines that his or her state will withdraw from the Program, the <br />reasons for such action are to be provided in writing to the other signatories and <br />made public. This Program Agreement terminates upon the withdrawal of a <br />signatory or by mutual agreement of the signatories. Following a withdrawal by <br />any one of the signatories, the other signatories are to determine whether and <br />under what circumstances the Program could continue under a new cooperative <br />agreement. <br />G. Consistency with Applicable Law. This Program Agreement is subject to and is <br />intended to be consistent with all applicable federal and state laws and interstate <br />compacts and decrees. <br />A. Legislative Approval. Government funding commitments made in this Program <br />are subject to approval and appropriations by the appropriate state and federal <br />legislative bodies. <br />• 3 <br />