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REVISED DRAFT <br />August 8, 2002 <br />II. OTHER PROVISIONS <br />A. Applicability. This Program Agreement addresses ESA compliance for water <br />related activities and new water related activities occurring in the Platte River <br />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 <br />agreement 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. <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 />signatory determines to withdraw from the Program, the reasons for such action <br />are to be provided in writing to the other signatories and made public. This <br />Program Agreement terminates upon the withdrawal of a signatory or by mutual <br />agreement of the signatories. Following a withdrawal by any one of the <br />signatories, the other signatories are to determine whether and under what <br />circumstances the Program could continue under a new cooperative 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. Nothing in this Agreement or in any of the Program <br />documents attached hereto shall be in any way construed as a modification of an <br />interstate compact or decree or an abrogation by any state of rights under any such <br />compact or decree. <br />• <br />