Volume III: Apendices B-T Of the Biological Opinion

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June 30, 1997 AGREEMENT IN PRINCIPLE FOR LICENSE CONDITIONS FOR PROJECTS NOS. 1417 AND 1835 Pursuant to negotiations, the Central Nebraska Public Power and Irrigation District ( "Central "), Nebraska Public Power District ( "NPPD ") (collectively "the Districts ") and the Department of the Interior ( "DOI ") (collectively "the parties ") agree in principle to resolving, in the manner described below, all issues related to fish, wildlife or other topics within DOI's jurisdiction which have been raised in the Federal Energy Regulatory Commission ( "FERC ") relicensing proceedings for Projects Nos. 1417 and 1835 ( "Project or Projects "). The provisions of this agreement are dependent upon and intended to supplement anticipated agreements to be reached among DOI and the States of Nebraska, Colorado and Wyoming under the terms of a Memorandum of Agreement dated June 1994. It is assumed that DOI and the states will enter into a Cooperative Agreement and propose a Platte River Recovery Implementation Program, and that subsequently a Platte River Recovery Implementation Program will be signed by the states and DOI and implemented. This agreement is also dependent upon issuance of a final Biological Opinion on the Projects' relicensings which confirms that this Agreement in Principle, in conjunction with the Cooperative Agreement and the proposed Program, avoids the likelihood of jeopardy or adverse modification of whooping crane critical habitat. The Districts' agreement to engage in the full range of activities described below is made within the context of supporting the broader basin -wide agreement, and does not represent agreement by the Districts that such activities fall within FERC's jurisdiction. I. PURPOSE The purpose of this agreement in principle is to describe areas of agreement among the parties on how FERC should, in light of the anticipated signing of a Cooperative Agreement and later of a Platte River Recovery Implementation Program, resolve each of the fish, wildlife and related issues which is on the record in the relicensing proceeding, whether put forward under section 100) of the Federal Power Act, during the consultation process under section 7 of the Endangered Species Act ( "ESA "), or in the comments of any participant. II. GOAL The parties intend that this agreement will serve as the basis for a more detailed settlement agreement which would be filed with FERC. That agreement will propose precise language for license conditions reflecting fish- or wildlife - related commitments and other commitments made by Central and /or NPPD and reflected in this document.