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the term of this Cooperative Agreement, FWS agrees to encourage agencies to <br />rely on measures taken pursuant to this Cooperative Agreement without waiting <br />for completion of the Program's NEPA and ESA evaluation when considering <br />agency actions affecting the target species. <br />6. Nothing in this Cooperative Agreement shall be construed to require any <br />person or entity undertaking or proposing to undertake any water related activity <br />to rely on the provisions of this Cooperative Agreement or to rely on any <br />Program subsequently implemented. Reliance on this Cooperative Agreement <br />or any subsequent Program shall be voluntary. In the event such person or <br />entity chooses not to so rely, FWS will not consider this Cooperative Agreement <br />or any Program subsequently implemented as providing a reasonable and <br />prudent alternative for such water related activity. In the event such person or <br />entity chooses to revoke its reliance on this Cooperative Agreement, FWS will <br />reinitiate any ESA section 7(a)(2) consultation which relied upon one of the <br />reasonable and prudent alternatives described in Paragraph VIII.A and issue a <br />new biological opinion. <br />B. In coordination with NEPA compliance as provided for by this Cooperative <br />Agreement, FWS will evaluate whether the activities under the Proposed Alternative <br />and, if different, under the preferred alternative, can serve as a reasonable and prudent <br />alternative under section 7(b)(3) of the ESA for water related activities in the Platte <br />River Basin. In the event FWS determines that the Proposed Alternative cannot serve <br />as the reasonable and prudent alternative and the signatories cannot reach an agreement <br />on modifying the Proposed Alternative so it can so serve, the signatories are not bound <br />to enter into an agreement to implement a Program. <br />C. In the event that activities under the Cooperative Agreement are not adequately <br />completed, FWS may reinitiate all ESA section 7(a)(2) consultations which relied upon <br />the reasonable and prudent alternatives described in Paragraph VIII.A. Before taking <br />such action or reinitiating consultations as described in Paragraph II, FWS will notify <br />the Governance Committee and request its assistance in resolving the situation. If the <br />Governance Committee is unable to resolve the situation, the Committee shall notify the <br />Secretary of the Interior and the Governors and request their assistance. If such <br />attempts at resolution are unsuccessful, FWS believes such a situation warrants <br />reinitiation and will reinitiate all such ESA section 7(a)(2) consultations and issue new <br />biological opinions. <br />D. Any time that FWS reinitiates section 7(a)(2) consultation, it will issue a new <br />biological opinion based on then- current conditions. FWS believes that the new <br />biological opinion and any subsequent amendment, restatement, or modification of a <br />federal action based on the new biological opinion would constitute a new federal action <br />Q <br />I � <br />I� <br />11 <br />I� <br />1 <br />L_J <br />