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REVISED DRAFT <br />August 8, 2002 <br />H. 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 />I. Officials Not to Benefit. No member of or delegate to Congress shall receive any <br />benefit that may arise from this Program Agreement. <br />J. Effect on Litigation. Each state agrees that during the term of the Program, it <br />shall not, except to further Program purposes, in any judicial or administrative <br />proceeding: (1) assert a position adverse to either of the other states relating to the <br />target species or the associated habitats; or (2) assert a position adverse to a water <br />related activity in either of the other states relating to the target species or the <br />associated habitats if that water related activity is covered by the Program, unless <br />the other state consents to the participation in the proceeding or to the assertion <br />made. This provision reflects the commitment of the parties to resolve <br />differences, if any, within the context of the Program. <br />K. No Admissions by States. The states are entering into this Program Agreement <br />• on a voluntary and cooperative basis in an effort to resolve ESA species conflicts <br />through a negotiated and mutually agreed upon basin -wide program. Nothing <br />herein shall constitute an admission that any water related activities or new water <br />related activities have caused or will cause adverse effects to the target species or <br />their habitats. <br />Secretary Gale Norton Date <br />Department of the Interior <br />Governor Jim Geringer Date <br />State of Wyoming <br />Governor Mike Johanns Date <br />State of Nebraska <br />• 4 <br />