C100343 Contract

• Contract/PO #: C100343
• Contractor Name: Fish & Wildlife Foundation Interstate Cooperative
• Contract Type: Loan
• Loan Projects - Doc Type: Contract Documents

1. Purpose. The parties hereto agree to participate in and implement the
recovery program as provided for in the document "Recovery Implementation
Program for Endangered Fish Species in the Upper Colorado River Basin"
(Program) , dated September 29, 1987. The parties also agree to participate in
the Recovery Implementation Committee which will be established to oversee the
implementation of the Program. The Program provides for a broad range o -
measures to manage and recover three endangered fishes and to manage the
razorback sucker, while providing for new water development to proceed in the
Upp-e-r- Colorado River Basin. The Program has five principal elements:
(a) habitat management through the provision of instream flows; (b) nonflow
habitat development and maintenance; (c) native fish stocking; (d) management
of nonnative species and sportfishing; and (e) research, data management, and
monitoring. The Program depends on the effective implementation of all of
these elements and on their successful coordination. It is agreed that the
Program may be modified from time to time by the Committee as experience is
gained in implementing the Program.
•
2. Geographic Scope. The Program and this Cooperative Agreement apply only
to the Upper Colorado River Basin above Glen Canyon Dam, excluding the San
•
Juan River Subbasin.
' 3. Term. This Cooperative Agreement shall remain in effect for a period of
15 years from the date of its execution.
4. Amendment. This Cooperative Agreement may be extended, amended, or
terminated by agreement of the parties, or any party may withdraw from this
Cooperative Agreement upon written notice to the other parties.
5. Authorities and Responsibilities
A. Federal Cooperation with States. Section 2(c) (2) of the Endangered
Species Act, states that "the policy of Congress is that Federal agencies
shall cooperate with State and local agencies to resolve water resource issues
in concert with conservation of endangered species." Under Section 6 of the
Act, the Secretary of the Interior is directed to cooperate to the maximum
extent practicable with the States in carrying out the program authorized by
the Act and to consult with affected States before acquiring any land and
water, or interest therein, for the purpose of conserving endangered species.
Under Section 6 of 41 USG 505, an executive agency should enter a cooperative
agreement when anything of value will be transferred to a State or local
government to carry out a public purpose authorized by Federal statute.
B. Recovery Plans and Teams. Under Section 4(f) of the Endangered
Species Act, the Secretary is directed to develop and implement plans for the '
conservation of endangered species and may procure the services of public and
private agencies and institutions in developing and implementing such recovery
plans.
C. Consultation and Coordination Among Federal Agencies. Under
Section 7 of the Endangered Species Act, Federal agencies shall utilize their
programs and authorities in furtherance of the purposes of the Act and ensure