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REVISED DRAFT <br />• August 8, 2002 <br />for the conservation of endangered species. The Secretary of the Interior may <br />procure the services of public and private agencies, individuals and institutions in <br />developing and implementing such recovery plans. Advice from such agencies, <br />individuals, and institutions is not subject to the Federal Advisory Committee Act, <br />5 U.S.C. app.2. <br />C. Consultation and Regulatory Certainty. Under section 7 of the ESA, 16 U.S.C. <br />§ 1536, federal agencies shall utilize their programs and authorities in furtherance <br />of the purposes of the ESA and ensure that their actions are not likely to <br />jeopardize listed species or adversely modify designated critical habitat of such <br />species. Under the Fish and Wildlife Coordination Act, 16 U.S.C. § 662, federal <br />agencies must consult with the Service and with state wildlife agencies on the <br />impacts to fish and wildlife resources of federal or federally licensed or permitted <br />water projects. <br />D. Operation of Federal Water Projects. The Bureau of Reclamation is charged <br />with the operation of certain federal projects in the North Platte and South Platte <br />River Basins under applicable federal laws. <br />• E. Applicable State Law. Subject to applicable compacts and decrees, the States of <br />Wyoming, Nebraska and Colorado administer water rights, including water rights <br />for instream flows. Each of these states also has certain statutory authorities and <br />responsibilities to protect and manage its fish and wildlife resources. All water <br />rights necessary to carry out the Program will be applied for by a state agency or <br />other project sponsor, and granted as appropriate under the state's water law and <br />in keeping with state authorities and responsibilities for fish and wildlife. <br />Nothing in this Program Agreement shall be construed as creating federal water <br />rights or requiring the granting of water rights to federal entities. <br />F. State Responsibilities. Each state shall efficiently manage costs in implementing <br />Program activities and encourage habitat protection by local authorities. <br />G. No Delegation or Abrogation. Although this Program Agreement sets forth a <br />cooperative process, all signatories to this Program Agreement recognize that they <br />each have statutory responsibilities that cannot be delegated, and that this <br />Program Agreement does not and is not intended to abrogate any of their statutory <br />responsibilities. <br />• 2 <br />