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June 30, 1997 <br />fair share of dollars in the Program, as providing value toward Program <br />goals for the recovery of those species, with credit to be given after the <br />term of the Cooperative Agreement. Related costs of acquisition, <br />development and maintenance shall all be included. Nothing in this <br />section precludes the Districts from independently proposing to the <br />Governance Committee that these activities be counted. Nothing in this <br />agreement would preclude reimbursement of the Districts by the <br />Governance Committee or its designee for dollars in excess of what is <br />ultimately determined to be Nebraska's share. Nothing in the agreement <br />to provide Habitat Lands in this reach shall modify the Districts' rights <br />under the Environmental Account Program to divert water for beneficial <br />use other than the limitations of Paragraphs III.A.9 and 10 of the <br />Environmental Account Program. <br />4. J -2 Return to Chapman <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 restore, protect and manage habitat <br />areas in this reach for whooping cranes, interior least terns, piping <br />plovers, other waterfowl and bald eagles. The parties agree that no other <br />efforts to protect or create habitat in this reach of the river should be <br />required of the Districts in their FERC licenses. <br />' <br />b. Within one year of license issuance, the Districts will provide <br />2650 contiguous acres of Program Habitat Lands, located <br />approximately <br />in an area on both sides of the Platte River between the J -2 Return and <br />Elm Creek, and including in excess of two miles of river channel. This <br />' <br />land is adjacent to land owned and managed by the Trust and Nature <br />Conservancy. <br />C. Enhancement and management of these Program Habitat Lands <br />are through the Cooperative Agreement and the Program. As a <br />convenience and to expedite implementation, the Districts will accept <br />responsibility to develop and implement a plan to enhance these Program <br />Habitat Lands during the term of the Cooperative Agreement, with the <br />' <br />understanding that the Districts will be fully reimbursed by the <br />Governance Committee. With that understanding, the Districts agree to <br />provide up to $1.3 million ($500 /acre) to develop and enhance these <br />' <br />lands. An enhancement plan will be developed in coordination with <br />FWS and NGPC, and working through the Governance Committee or its <br />t <br />-7- <br />