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5. <br />June 30, 1997 <br />designees, and will be finalized with FWS and NGPC concurrence <br />within one year of relicensing. The Districts will begin implementing <br />the plan within six months of obtaining final approvals. If possible, this <br />plan will permit management of these Program Habitat Lands in <br />conjunction with adjacent lands owned by environmental groups as a <br />single complex. It is anticipated that the complex will include at least <br />one tern and plover nesting habitat area. The Governance Committee <br />will be responsible for developing and implementing plans to maintain <br />these habitat areas, funded through the Cooperative Agreement's and the <br />Program's land management funding mechanisms. While the Program <br />remains in effect, the Districts shall not otherwise be responsible for <br />enhancing or maintaining these Program Habitat Lands except to provide <br />access to the entities designated by the Governance Committee to engage <br />in such activities. Should a Program not be initiated or be terminated, <br />the Districts agree to provide up to $1.3 million ($500 /acre) less any <br />funds expended by the Program to develop and enhance these lands. In <br />such circumstances, the Districts would also provide, when required, up <br />to $15 /acre in cash or in kind for maintenance to be measured on a three - <br />year rolling average basis, except that the Districts will not be required <br />to spend more than $20 /acre in any one year. Maintenance obligations <br />are not mandatory expenditures; the Districts will undertake maintenance <br />only when and if required. <br />d. These Habitat Lands will be Program Habitat Lands, and will be <br />counted toward the 10,000 acre habitat goal of increment one of the <br />Proposal, and /or toward any ultimate habitat acreage goal of the <br />Program. The value of this land shall be counted toward satisfying <br />Nebraska's share of total Program costs. Nothing in this agreement <br />would preclude reimbursement of the Districts by the Governance <br />Committee or its designee for dollars in excess of what is ultimatelv <br />determined to be Nebraska's share. <br />Additional Tern and Plover Nesting Habitat <br />a. The parties agree that the activities described in this section <br />adequately respond to recommendations on the record of the FERC <br />proceeding that the Districts should develop and maintain tern and plover <br />nesting habitat sites. The parties agree that no other efforts to protect or <br />create such habitat should be required of the Districts by FERC. <br />